RP1592 V1 REV MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen RESETTLEMENT ACTION PLAN Table of Contents 0 EXECUTIVE SUMMARY ..................................................................................... 0-1 0.1 Introduction .................................................................................................... 0-1 0.2 Approach and methodology ........................................................................... 0-2 0.3 Estimate and analysis of Land acquisition and resettlement impacts ............ 0-3 0.3.1 Estimated land acquisition by category .......................................... 0-4 0.3.2 Number of plots expropriated and people affected ......................... 0-6 0.3.3 Estimated overall residential structures to be demolished ............. 0-7 0.3.4 Estimated commercial structures to be demolished........................ 0-7 0.3.5 Impact on Agricultural Land and Livelihoods ................................ 0-8 0.3.6 Estimated impact on other land attachment assets ....................... 0-10 0.4 Estimate and analysis of project affected persons and Baseline survey results ........................................................................................................... 0-10 0.4.1 Persons affected by land acquisition ............................................ 0-10 0.4.2 Persons affected by demolition of houses ..................................... 0-11 0.4.3 Persons affected by demolition of commercial structures ............ 0-11 0.4.4 Estimation and analysis of total affected persons......................... 0-11 0.4.5 Household Size .............................................................................. 0-12 0.4.6 Sex-Ratio along project area ........................................................ 0-12 0.4.7 Household’s family type ................................................................ 0-12 0.4.8 Educational status of households members .................................. 0-13 0.4.9 Occupation of households members ............................................. 0-13 0.4.10 Households Annual Income .......................................................... 0-14 0.4.11 Women’s Participation ................................................................. 0-14 0.5 Land acquisition, resettlement policy and regulations ................................. 0-15 0.6 Compensation and transitional assistance .................................................... 0-16 0.6.1 Compensation ............................................................................... 0-17 0.6.2 Transitional Assistance ................................................................. 0-17 0.6.3 Assistance to Others affected by the Project................................. 0-17 0.6.4 Compensation for Loss of communal property or facilities ......... 0-17 0.7 Livelihood restoration arrangements ........................................................... 0-17 0.8 Organizational arrangements ....................................................................... 0-18 0.9 Budget and financial management ............................................................... 0-18 0.10 Public consultation and information disclosure ........................................... 0-18 0.11 Implementation monitoring and evaluation of results ................................. 0-18 0.12 Entitlement matrix ....................................................................................... 0-19 0.13 Conclusion ................................................................................................... 0-19 Third Draft of April. 18, 2014| Page i MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 1 PROJECT OVERVIEW AND OBJECTIVES OF RESETTLEMENT ACTION PLAN ....................................................................................................................... 1-20 1.1 Country Background .................................................................................... 1-20 1.2 Sectorial and Institutional Context............................................................... 1-21 1.3 Yemen’s current road network (in kilometres) ............................................ 1-21 1.4 Project rationale and expected benefits........................................................ 1-22 1.5 Expected project beneficiaries ..................................................................... 1-25 1.6 Physical characteristics of the project .......................................................... 1-25 1.7 Existing conditions along the proposed alignment for the new road ........... 1-28 1.8 Alignment survey and measures to minimize land acquisition ................... 1-31 1.9 Objectives of Resettlement Action Plan ...................................................... 1-31 1.10 Structure of the Report ................................................................................. 1-32 2 APPROACH AND METHODOLOGY ............................................................... 2-33 2.1 Introduction .................................................................................................. 2-33 2.2 Approach and Methodology ........................................................................ 2-33 2.3 Primary Data Collection .............................................................................. 2-34 2.3.1 Data Collection and Field Questionnaires ................................... 2-35 2.3.2 Census of the Potentially Project Affected Persons and Assets Inventory ....................................................................................... 2-35 2.3.3 Socio-Economic Survey ................................................................ 2-36 2.3.4 Public Consultations and Focus Group Discussions ................... 2-37 2.4 Secondary Data Collection .......................................................................... 2-37 2.5 Field Work and Data Collection .................................................................. 2-38 2.6 Compilation of Data ..................................................................................... 2-38 2.7 Methodology for valuation of Assets ........................................................... 2-38 2.8 Analysis........................................................................................................ 2-39 2.9 Reporting...................................................................................................... 2-39 3 ESTIMATE AND ANALYSIS OF LAND ACQUISITION AND RESETTLEMENT IMPACTS ............................................................................. 3-40 3.1 Introduction .................................................................................................. 3-40 3.2 Estimate of overall permanent land acquisition and resettlement impacts ......................................................................................................... 3-40 3.3 Estimated land acquisition by category ....................................................... 3-42 3.4 Number of plots expropriated and people affected ...................................... 3-44 3.5 Estimated overall residential structures to be demolished ........................... 3-45 3.6 Estimated commercial structures to be demolished ..................................... 3-45 3.7 Impact on Agricultural Land and Livelihoods ............................................. 3-46 3.8 Estimated impact on other land attachment assets ....................................... 3-47 Third Draft of April. 18, 2014| Page ii MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 4 ESTIMATE AND ANLYSIS OF PROJECT AFFECTED PERONS AND BASELINE SURVEY RESULTS......................................................................... 4-49 4.1 Introduction and definition of project affected persons ............................... 4-49 4.2 Definition of Project-Affected Person ......................................................... 4-49 4.3 Significance of land acquisition for agriculture livelihoods and commercial enterprises ................................................................................ 4-49 4.4 Persons affected by land acquisition ............................................................ 4-50 4.5 Persons affected by demolition of houses .................................................... 4-50 4.6 Persons affected by demolition of commercial structures ........................... 4-50 4.7 Estimation and analysis of total affected persons ........................................ 4-51 4.8 Definition and estimation of affected persons from vulnerable groups ....... 4-51 4.9 Baseline Survey Results ............................................................................... 4-52 4.9.1 Household Size .............................................................................. 4-52 4.9.2 Sex-Ratio along project area ........................................................ 4-52 4.9.3 Household’s family type ................................................................ 4-52 4.9.4 Educational status of households members .................................. 4-53 4.9.5 Occupation of households members ............................................. 4-53 4.9.6 Households Annual Income .......................................................... 4-54 4.9.7 Possession of Durable Assets........................................................ 4-54 4.9.8 Health Status ................................................................................. 4-54 4.9.9 In-debteness .................................................................................. 4-55 4.9.10 Migration ...................................................................................... 4-55 4.9.11 Access to Community Infrastructure ............................................. 4-55 4.9.12 Women’s Participation ................................................................. 4-56 5 LAND ACQUISITION, RESTTLEMENT POLICY AND REGULATIONS. 5-57 5.1 National Legal and Regulatory Framework for Land Acquisition .............. 5-57 5.2 National Legal and Regulatory Provisions Relating to Resettlement Procedures .................................................................................................... 5-58 5.3 Key World Bank Policy Principles and Definitions .................................... 5-58 5.4 World Bank Procedural Requirements Regarding Land Acquisition and Resettlement .......................................................................................... 5-61 5.5 Policy Provisions specific to YCHP ............................................................ 5-63 5.5.1 Establishing an eligibility cut-off date .......................................... 5-63 5.5.2 Compensation for land at replacement cost ................................. 5-64 5.5.3 Compensation for structures and other assets at replacement cost . 5- 64 5.5.4 Transitional assistance for displaced households ........................ 5-65 5.5.5 Transitional assistance for displaced businesses ......................... 5-65 5.5.6 Assistance to squatters or others lacking title or legal rights ...... 5-65 5.5.7 Assistance to shareholders or laborers......................................... 5-65 5.5.8 Assistance to affected members of vulnerable groups .................. 5-65 Third Draft of April. 18, 2014| Page iii MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 5.5.9 Measures to restore or maintain physical access ......................... 5-66 5.5.10 Restoration of public or community facilities and services .......... 5-66 6 COMPENSATION AND TRANSITIONAL ASSISTANCE ............................. 6-67 6.1 Introduction .................................................................................................. 6-67 6.2 Compensation .............................................................................................. 6-67 6.2.1 Compensation for land acquisition ............................................... 6-67 6.2.2 Compensation for Structures ........................................................ 6-68 6.2.3 Trees (Fruit/Non-fruit) .................................................................. 6-68 6.2.4 Crops ............................................................................................. 6-69 6.2.5 Other Fixed Assets or Improvements ............................................ 6-69 6.3 Transitional Assistance ................................................................................ 6-69 6.4 Assistance to Others Affected by the Project .............................................. 6-70 6.4.1 Tenants .......................................................................................... 6-70 6.4.2 Wage earners ................................................................................ 6-70 6.4.3 Squatters ....................................................................................... 6-70 6.5 Compensation for Loss of Communal Property or Facilities ...................... 6-71 7 LIVELIHOOD RESTORATION ARRANGEMENTS ..................................... 7-72 7.1 Introduction .................................................................................................. 7-72 7.2 Loss of agriculture livelihood and eligible families for income restoration .................................................................................................... 7-72 7.3 Loss of business and eligible families for livelihood restoration ................ 7-72 7.4 Support for those significantly affected by Loss of Agricultural Land ....... 7-73 7.5 Support for Laborers whose Livelihoods are disrupted ............................... 7-74 7.6 Access to Project-generated Income-earning Opportunities........................ 7-75 8 ORGANIZATIONAL ARRANGEMENTS ........................................................ 8-76 8.1 Land acquisition and resettlement implementation timetable ..................... 8-76 8.2 Overview of Organizational Arrangements ................................................. 8-76 8.3 Organizational Responsibilities ................................................................... 8-78 8.3.1 High Supervisory Committee (HSC) for Land Acquisition and Resettlement .................................................................................. 8-78 8.3.2 Ministry of Public Works and Highways ...................................... 8-79 8.3.3 Project Implementation Unit......................................................... 8-79 8.3.4 Technical Committee for Land Acquisition and Resettlement ...... 8-80 8.3.5 Governorate Compensation Committees ..................................... 8-81 8.3.6 Other governorate functions and local authorities ....................... 8-82 8.4 Adaptive management arrangements ........................................................... 8-83 8.5 Grievance management system.................................................................... 8-84 8.5.1 Informing project-affected persons about complaint processes ... 8-84 8.5.2 Methods for lodging complaints ................................................... 8-84 8.5.3 Organizational arrangements for grievance review and appeal .. 8-85 8.5.4 Performance standards for responding to grievances .................. 8-86 Third Draft of April. 18, 2014| Page iv MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 8.5.5 Recording grievances and status of response ............................... 8-86 9 BUDGET AND FINANCIAL MANAGEMENT ................................................ 9-88 9.1 Introduction .................................................................................................. 9-88 9.2 Budget for Resettlement and Rehabilitation ................................................ 9-88 9.3 Financial management and fund flow .......................................................... 9-91 9.4 Contingency arrangements........................................................................... 9-91 10 PUBLIC CONSULTATION AND INFORMATION DISCLOSURE ........... 10-93 10.1 Public Consultations Process ..................................................................... 10-93 10.2 Issues raised and responses provided ......................................................... 10-97 10.3 Consultations with women groups ............................................................. 10-98 10.4 Consultation arrangements during implementation ................................. 10-101 10.5 Information disclosure and local access to information .......................... 10-102 11 IMPLEMENTATION MONITORING AND EVALUATION OF RESULTS . 11- 103 11.1 Introduction .............................................................................................. 11-103 11.2 Monitoring Plan ....................................................................................... 11-103 11.3 Internal monitoring by project management ............................................ 11-103 11.3.1 Scope and Contents ................................................................... 11-104 11.4 External resettlement monitoring ............................................................. 11-104 11.4.1 Scope and contents .................................................................... 11-105 11.4.2 Reporting arrangements ........................................................... 11-105 11.5 Evaluation of Results ............................................................................... 11-105 11.5.1 Mid-term review of resettlement implementation ..................... 11-105 11.5.2 Ex-post review of resettlement implementation ........................ 11-106 12 ENTITLEMENT MATRIX .............................................................................. 12-108 12.1 Introduction .............................................................................................. 12-108 12.2 Entitlement Matrix ................................................................................... 12-108 Third Draft of April. 18, 2014| Page v MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen LIST OF TABLES Table 0.1: Summary of land acquisition and resettlement impacts ............................0-4 Table 0.2: Estimated Land Acquisition by Category and Governorate/District .........0-4 Table 0.3: Breakdown of Affected Land Plots by Category .......................................0-5 Table 0.4: Current use of land to be acquired .............................................................0-6 Table 0.5: Number of plots to be expropriated and number of people affected .........0-6 Table 0.6: Estimated demolition of residential structures by Governorate ................0-7 Table 0.7: Estimated commercial structures demolition.............................................0-8 Table 0.8: Private Agricultural Land Plots Acquired .................................................0-8 Table 0.9: Types of crops to be affected, by governorate ...........................................0-9 Table 0.10: Number and types of trees to be affected ................................................0-9 Table 0.11: Impact on other Land attachment assets ................................................0-10 Table 0.12: Persons affected by land acquisition, by gender ....................................0-10 Table 0.13: Persons affected by demolition of housing, by gender ..........................0-11 Table 0.14: Persons affected by demolition of Businesses Structures, by gender ....0-11 Table 0.15: Total Affected Persons, by type of loss .................................................0-12 Table 0.16: Sex Ratio in project area ........................................................................0-12 Table 0.17: Household’s by family type ...................................................................0-12 Table 0.18: Educational status of households members ...........................................0-13 Table 0.19: Occupation of households members ......................................................0-13 Table 0.20: Households Annual Income ...................................................................0-14 Table 0.21: Women’s Participation ..........................................................................0-14 Table 0.22: Total RAP Costs ....................................................................................0-18 Table 2.1: Source of Secondary Data .......................................................................2-37 Table 3.1: Summary of land acquisition and resettlement impacts ..........................3-41 Table 3.2: Estimated Land Acquisition by Category and Governorate/District ......3-42 Table 3.3: Breakdown of Affected Land Plots by Category....................................3-43 Table 3.4: Current use of land to be acquired ...........................................................3-44 Table 3.5: Number of plots to be expropriated and No. of people affected .............3-44 Table 3.6: Estimated demolition of residential structures by Governorate ..............3-45 Table 3.7: Estimated commercial structures demolition...........................................3-45 Table 3.8: Private Agricultural Land Plots Acquired ...............................................3-46 Table 3.9: Types of crops to be affected, by governorate .........................................3-46 Table 3.10: Number and types of trees to be affected ..............................................3-47 Table 3.11: Impact on other land attachment assets .................................................3-48 Table 4.1: Households affected through acquisition of agricultural land and shops .........................................................................................................................4-49 Table 4.2: Persons affected by land acquisition, by gender ......................................4-50 Table 4.3: Persons affected by demolition of housing, by gender ............................4-50 Table 4.4: Persons affected by demolition of Businesses Structures, by gender ......4-51 Table 4.5: Total Affected Persons, by type of loss ...................................................4-51 Table 4.6: Sex Ratio in project area ..........................................................................4-52 Table 4.7: Household’s by family type .....................................................................4-52 Table 4.8: Educational status of households members .............................................4-53 Table 4.9: Occupation of households members ........................................................4-53 Table 4.10: Households Annual Income ...................................................................4-54 Table 4.11: Possession of durable assets ..................................................................4-54 Third Draft of April. 18, 2014| Page vi MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 4.12: Health Status along Project Area ...........................................................4-55 Table 4.13: Community infrastructure along project area ........................................4-55 Table 4.14: Women’s Participation ..........................................................................4-56 Table 6.1: Compensation Rates for Categories of Land ...........................................6-67 Table 6.2: Compensation for Residential Structures ................................................6-68 Table 6.3: Compensation for Commercial Structures...............................................6-68 Table 6.4: Compensation Rates for Trees .................................................................6-68 Table 6.5: Compensation for Affected Crops ...........................................................6-69 Table 6.6: Compensation for Fixed Assets or Improvements...................................6-69 Table 6.7: Affected people entitled for transtional allowance ..................................6-70 Table 7.1: Loss of agriculture livelihood and private agricultural Land plots to be acquired ................................................................................................................7-72 Table 7.2: Loss of business and eligible families for livelihood restoration ............7-73 Table 8.1: Estimated Land Acquisition and Resettlement Timetable.......................8-76 Table 9.1: Estimated Costs for Compensation of Assets ..........................................9-89 Table 9.2: Allowances and Support to Affected Persons .........................................9-91 Table 9.3: Administrative and Other Costs................. 9-4Error! Bookmark not defined. Table 9.4: Total RAP Costs ......................................................................................9-91 Table 10.1: Summary of consultation sessions .......................................................10-93 Table 10.2: Issues raised and responses ..................................................................10-97 Table 10.3: Summary of women consultation sessions ..........................................10-99 Table 10.4: Issues discussed by women groups and responses ............................10-100 Table 10.5: Summary of consultations with Government officials ......................10-101 Table 11.1: Monitoring Plan .................................................................................11-103 Table 12.1: Entitlement Matrix .................................................................................. 109 List of Figures Figure 1.1: Typical Cross Section ............................................................................ 1-27 Figure 1.2: Proposed Highway Corridor .................................................................. 1-30 Figure 2.1: Social Expert with the Team of Surveyors ............................................ 2-33 Figure 2.2: A view of household data collection by local surveyors ....................... 2-35 Figure 8.1: Organizational Structure for Land Acquisition and Resettlement ........ 8-77 Figure 10.1: Social safeguards team discussing social issues with the Sheikh and PAPs representatives in Mawiah ........................................................ 10-95 Figure 10.2: A view of people’s participation during census survey and public consultation along the proposed highway corridor ............................ 10-95 Figure 10.3: A view of the social team during meeting and discussion on land acquisition and resettlement issues with Taiz Governor .................... 10-96 Figure 10.4: Social team discussing resettlement and social issues with Lahj Governor ............................................................................................. 10-96 Figure 10.5: A view of women participation during consultations with women groups along proposed highway corridor. .......................................... 10-99 Third Draft of April. 18, 2014| Page vii MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen List of Abbreviations COI - Corridor of Impact CC - Compensation Committee EC - Estimation Committee EPA - Environment Protection Authority ESIA - Environmental and Social Impact Assessment FGD - Focus Group Discussion GoY - Government of Yemen GRC - Grievance Redress Committee Ha - Hectare Km - Kilometer MPWH - Ministry of Public Works & Highways M&E - Monitoring & Evaluation NGO - Non-governmental Organization OP - World Bank Operational Policy PAF - Project Affected Family PAP - Project Affected Person PIU - Project Implementation Unit PRoW - Proposed Right of Way R&R - Resettlement and Rehabilitation RAP - Resettlement Action Plan RoW - Right of Way RPF - Resettlement Policy Framework SFD - Saudi Fund for Development SIA - Social Impact Assessment Sqm - Square Metre ToR - Terms of Reference WB - World Bank WHH - Woman Headed Household Third Draft of April. 18, 2014| Page viii MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 0 EXECUTIVE SUMMARY 0.1 Introduction The Resettlement Action Plan (RAP) is based on Social Impact Assessment (SIA) of the people and the properties/assets affected due to proposed highway corridor (YCHP). In view of the human dimensions involved, the possible social impacts have been integrated into the improved alternative engineering designs to minimize the task of resettlement. This task has been achieved by adopting road engineering techniques in terms of the provisions raised roads, underpasses, vehicular underpasses, junctions, interchanges, culverts, bridges, service roads and wayside amenities etc. The RAP lists a census inventory of the affected people/properties/productive assets (e.g., agricultural, pasture, residential, commercial, communal or public), community resources and public infrastructure, and religious properties (e.g., graveyards and mosques) that fall within the proposed highway corridor. Through careful project design and application of engineering techniques, efforts have been taken to minimize land acquisition, household relocation, and other resettlement impacts. The data provided in this is derived from a census survey and asset inventory for the proposed highway corridor that was conducted in late 2013 within the right-of-way (ROW) as established by MPWH. The RAP for the YCHP has been prepared based on the provisions of Yemini laws and regulations and the World Bank OP 4.12. Its emphasis is to avoid adverse impacts of the chosen highway alignment as far as possible by suggesting steps which need to be taken to minimize the land acquisition and negative impact. In addition, the engineering design study for the highway considered three alternative alignments for YCHP. Selection criteria included: i. Proximity to settlement areas and social infrastructure; ii. Potential impacts on human health, caused by noise, by air pollution, and by traffic accidents; iii. Impacts on land resources and agriculture, caused by loss or severance of land resources, resulting in loss of incomes; iv. Natural environment conditions, including vegetation, forests and habitats, by habitat degradation and loss of biodiversity; v. Potential impacts on groundwater resources and wadis, by pollution of sensitive aquifers or surface waters (such as by accidents) or change of natural flow of surface waters; and vi. Potential impacts on cultural heritage and tourism potential, by loss or severance of traditional hillside terraces, of traditional architecture, or of landscape attractive to tourism and ecotourism. In each of the three alternative alignments analyzed, technical assessment and economic assessment considered loss or severance of agricultural land resources together with other social impacts, and risk to available water resources, as significant factors. Design criteria intentionally kept proposed alignments at some distance from settlements so as to minimize the need for land acquisition in relatively congested or populated areas. Finally, a fourth alignment was selected for implementation which blends parts of two of the alignments analysed. Third Draft of April. 18, 2014| Page 0-1 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen The RAP also includes various income restoration methods to improve the standard of living of the project affected people (PAPs). The organizational arrangements for the effective implementation of the project are also mentioned in the RAP. Addressing the grievances of the PAPs in a proper and timely manner is essential for the smooth implementation of the project. Keeping this in mind, setting up of grievance redress committee, its functions, role of village representative committee in facilitating grievance redress processes are described in the RAP. Monitoring and evaluation is an important component of any development project. A separate chapter on implementation monitoring and evaluation of results has been included in the RAP. A budget for the RAP activities including financial management, compensation for land, structures and other productive assets has been prepared and included as a separate chapter in the RAP. 0.2 Approach and methodology The approach and methodology for this project involves the following:  Detailed visits to project road to understand the settlement pattern and the physical features along the proposed highway corridor was carried out during the month of December 2013 to identifty the critical sections of the road stretch and develop an understanding of socio-economic profile and activity pattern along the proposed highway corridor;  Consultation’s with the likely PAPs including women groups, PAPs representiaves, village sheikhs as well as other key stakeholders including Governors, NGOs, social fund officials and officers of Governorate administration using focus group discussions were carried out. The consultation meetings and other participatory tools for the assessment to develop rapport with the stakeholders including likely PAPs, identification of the key social issues, assessment of likely impact on land, livelihood, structures, social cohesion, safety of the road users and the viewes of the people's on various aspects of road design were also gathered during the survey;  Administering census and socio-economic questionnaires for collectiion of information on properties/structures, agriculture land, type of ownership and social groups etc;  Documentation of the PAPs perception regarding the adverse impacts that may be caused due to the project;  Developing a database with estimates of different categories of PAPs irrespective of their legal holdings;  Assessment of land acquisition and cropping pattern along the proposed highway corridor alignment;  Identification and capacity assessment of NGO/beneficiary and village represetaitves committees; and  Analysis of census and socio-economic surveys for the purpose of preparation of RAP and working out the entitlement framework. Third Draft of April. 18, 2014| Page 0-2 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Scope of land acquisition and resettlement impacts for the YCHP is delineated below. 0.3 Estimate and analysis of Land acquisition and resettlement impacts A detailed survey and assessment of overall permanent land acquisition and resettlement impacts has been carried out for the project. Three survey teams comprised of surveyors with appropriate social survey skills and local language capability were deployed in the field during December 2013. The teams consisted of 5-6 persons and each team was headed by a senior sociologist to provide guidance and resolve process questions that might arise during the survey. The census of project affected persons (PAPs) within the proposed RoW was carried out through use of a structured questionnaire, supplemented with open-ended discussion. The census survey covered 100% of the households affected and took records of 100% of the inventory of assets affected by the road RoW in the project area. The results of the inventory have been confirmed by each affected household. The key purposes of the census survey was to identify and enumerate affected people, create an inventory of affected land and other assets, and to establish key data for many other aspects of resettlement planning (e.g., budgeting, establishing modes of assistance, monitoring, and others). In addition, a socio-economic baseline survey of the PAPs, based on a 25 percent random sample of affected households, was also carried out. The objectives for conducting the socio-economic survey were to assess household livelihood sources and income levels, to obtain information from households regarding their relocation preferences, to identify households that may face particular vulnerabilities because of the project, and to provide information useful to preparing mitigation and support measures. According to census survey results, a total of 2,685 households are likely to be affected by land acquisition. Among them, 308 households are tenants. In total 31,695 persons will be affected by land acquisition. These households earn their livelihood primarily through agriculture, qat cultivation, wage labor and through small businesses. A total of 1,224.8 hectares of land is to be acquired permanently for the project. Of the three governorates involved in the project, land acquisition will be disproportionately heavy in Lahj Governorate (909.6 ha.), significant in Taiz Governorate (277.9 ha.), and relatively minor in Aden Governorate (37.3 ha). The impact of land acquisition on livelihoods is likely to be significant in many cases. Of the 2,159 individual plots involved in land acquisition, 1,318 are to be acquired in their entirety (100%) while the remaining 841 plots are to be acquired in part. In addition to land acquisition, YCHP will require substantial demolition of structures and relocation of residents. In all, 170 households (or 2,789 people) will be required to relocate. Among the governorates, Taiz will require the greatest relocation (2,546 people), compared to 233 in Lahj and 10 people in Aden. A summary of permanent land acquisition and resettlement impacts is presented in Table 0.1. Third Draft of April. 18, 2014| Page 0-3 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 0.1: Summary of land acquisition and resettlement impacts Magnitude of Social Impacts Area (hectare) Permanent affected agricultural land 161.0 Permanent affected residential land 11.03 Permanent affected commercial land 21.04 Permanent affected Utility land 223.83 Permanent affected pasture land 696.18 Permanent affected arid land 107.95 Permanent affected religious land 3.77 No. of affected residential owners 170 (nos.) No. of affected commercial (shops) owners 61 (nos.) No. of affected well owners 22 (nos.) Project affected households (PAHs), among 2,685 (nos.) Land owners 2,377 Tenants 308 Project affected persons (PAPs) 31,695 (nos.) Mostly agriculture including Qat cultivation (about 57%), and small Income sources commercial activities and paid labour (10%) and others *Source: Census survey, Decem ber 2013. The permanent land to be acquired includes all land needed for the right of way, servicing areas, rest stops, access roads, overpasses (bridges), underpasses and culverts. The project will involve temporary land use for construction camps and temporary storage of construction materials and equipment. The land survey did not cover the impacts of temporary land use because the location of construction camps etc. will be selected by the civil works contractors in consultation with local councils at the beginning of project implementation. In most cases, public land will be selected for the construction camps and storage of temporary construction materials. In case private land is needed, it will be obtained through mutual agreement between contractors and landowners. 0.3.1 Estimated land acquisition by category From the census survey carried out in December 2013, it is observed that 1,224.80 hectares of land will be required for the project, belonging to private owners (485.91 ha), communities (299.58 ha) and the state (439.32 ha of public land). The land acquisition by Governorate is summarized in Table 0.2. Table 0.2: Estimated Land Acquisition by Category and Governorate/District Total Public Communal Private Governorate District expropriated land (ha) land (ha) land (ha) land (ha) Aden Daar Sad 37.36 37.36 0.00 0.00 Almosaimer 291.69 55.45 137.22 99.02 Lahj Tuban 617.88 346.50 158.28 113.10 Sub-Total Lahj 909.57 401.95 295.50 212.12 Third Draft of April. 18, 2014| Page 0-4 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Al Taiziah 50.04 0.00 0.86 49.18 Taiz Mawiyah 227.83 0.00 3.22 224.60 Sub-Total Taiz 277.87 0.00 4.08 273.78 Total 1224.80 439.31 299.58 485.91 *Source: Census survey, December 2013. The census survey also determined that a total of 2,159 land plots will be acquired. The majority of them are to be wholly affected (100% to be acquired) by permanent land acquisition for YCHP. The details of land to be taken and a breakdown by category of affected land plots, by type of land, ownership and governorate, is provided in Table 0.3. Concerning commercial land, about 80 percent of such land to be acquired of commercial structures to be demolished are located at one single location, namely near Noubat Dokaim where the original engineering design of 2004 foresees a very large multi-road interchange. At that time, land use at that location was different and most of the now existing commercial strucures were built after 2004. MPWH plans to move the location of the planned interchange by about 300 meters so that it will mostly be located on public land. This will avoid about 70% of the high cost of acquiring commercial land and demolishing commercial structures at that location (Noubat Dokaim). The total quantities in those lines are therefore estimated to be 44% of the original quantities. Table 0.3: Breakdown of Affected Land Plots by Category Land Acquisition Governo Land rate Private No. of Communal No. of No. of Acquired Public Land Land Plots Land Plots Plots (ha) Residential 84 Residential 0 Residential 0 Agricultural 1005 Agricultural 0 Agricultural 0 Commercial 7 Commercial 0 Commercial 0 Taiz Pasture land 0 Pasture land 0 Pasture land 0 277.87 Arid land 12 Arid land 0 Arid land 0 Religious 3 Religious 10 Religious 0 Utility land 158 Utility land 8 Utility land 0 Total 1269 Total 18 Total 0 Residential 64 Residential 0 Residential 3 Agricultural 324 Agricultural 0 Agricultural 0 Commercial 55 Commercial 2 Commercial 6 Lahj 909.57 Pasture land 81 Pasture land 71 Pasture land 33 Arid land 104 Arid land 8 Arid land 2 Religious 1 Religious 3 Religious 1 Utility land 13 Utility land 21 Utility land 38 Total 642 Total 105 Total 83 Residential 0 Residential 0 Residential 6 Agricultural 0 Agricultural 0 Agricultural 13 Commercial 0 Commercial 0 Commercial 1 Aden 37.36 Pasture land 0 Pasture land 0 Pasture land 0 Arid land 0 Arid land 0 Arid land 17 Religious 0 Religious 0 Religious 0 Utility land 0 Utility land 0 Utility land 5 Third Draft of April. 18, 2014| Page 0-5 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Land Acquisition Governo Land rate Private No. of Communal No. of No. of Acquired Public Land Land Plots Land Plots Plots (ha) Total 0 Total 0 Total 42 Total 1224.80 - 1911 - 123 - 125 The current use of the land to be acquired, by Governorate, is shown in Table 0.4. Table 0.4: Current use of land to be acquired Agricultural land expropriated Commercial Utility Lnad Residential Arid Land Religious Pasture Total land Governorate District Aden Daar Sad 37.36 2.47 0.00 4.45 0.00 12.41 0.00 18.04 Almosaimer 291.63 24.75 240.17 0.19 15.43 2.07 0.00 9.02 Lahj Tuban 617.94 15.33 456.01 4.22 5.39 78.35 0.38 58.27 Sub-Total 909.57 40.07 696.18 4.41 20.81 80.42 0.38 67.29 Lahj Al Taiziah 50.04 23.98 0.00 1.19 0.06 13.98 0.32 10.52 Taiz Mawiyah 227.83 94.48 0.00 0.98 0.17 1.14 3.07 127.98 Sub-Total 277.87 118.46 0.00 2.17 0.23 15.12 3.39 138.50 Taiz Total 1224.80 161.00 696.18 11.03 21.04 107.95 3.77 223.83 *Source: Census survey, December 2013. 0.3.2 Number of plots expropriated and people affected It has emerged from the census survey that as many as 2,159 land plots are to be affected in all three Governorates (i.e. Taiz, Lahj and Aden) due to land acquisition for the proposed project. The findings of the census survey, by governorate, are summarized in Table 0.5. Table 0.5: Number of plots to be expropriated and number of people affected Number of plots totally Number of landowner partially expropriated households affected Expropriated areas Number of people Number of tenant Number of plots expropriated Households No. of plot affected (ha) Governorate District Aden Daar Sad 42 8 34 37.40 0 44 5 Almosaimer 395 236 159 291.70 534 2699 51 Lahj Tuban 435 213 222 617.94 202 959 7 Third Draft of April. 18, 2014| Page 0-6 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Number of plots totally Number of landowner partially expropriated households affected Expropriated areas Number of people Number of tenant Number of plots expropriated Households No. of plot affected (ha) Governorate District Sub-Total Lahj 830 449 381 909.64 736 3658 58 Al Taiziah 214 132 82 50.04 351 6272 0 Taiz Mawiyah 1073 729 344 226.80 1290 21721 245 Sub-Total Taiz 1287 861 426 276.83 1641 27993 245 Total 2159 1318 841 1224.88 2377 31695 308 *Source: Census survey, December 2013. 0.3.3 Estimated overall residential structures to be demolished According to the results of the December 2013 census survey, a total of 170 residential structures are to be demolished, of which 127 residential structures are located in Taiz Governorate and 42 in Lahj Governorate. Only very minor residential demolition is to occur in Aden Governorate. Table 0.6 provides details regarding demolition of residential structures in YCHP. Table 0.6: Estimated demolition of residential structures by Governorate Residential area (Sqm) Number of Governorate District Concrete Brick Mud Stone households Aden Daar Sad 142.00 367.20 0.00 0.00 1 Sub-Total Aden 142.00 367.20 0.00 0.00 1 Almosaimer 0.00 377.67 0.00 64.20 22 Lahj Tuban 651.00 2378.02 19.00 101.00 20 Sub-Total Lahj 651.00 2755.69 19.00 165.20 42 Al Taiziah 0.00 1107.51 0.00 1359.53 61 Taiz Mawiyah 0.00 1561.00 0.00 2517.00 66 Sub-Total Taiz 0.00 2668.51 0.00 3876.53 127 Total 793.00 5791.40 19.00 4041.73 170 *Source: Census survey, December 2013. 0.3.4 Estimate of commercial structures to be demolished There are 61 shops or other commercial structures that may need to be demolished due to the project. The great majority of impacts on businesses will occur in Lahj Governorate, where 43 commercial structures will be demolished. However, as indicated earlier, 80% of these are at one single location near Noubat Dokaim where a large interchange is to be constructed. MPWH plans to redesign the interchange so that about 70% of the demolitions of commercial structures at that location may be avoided. Another 17 commercial structures will be demolished in Taiz Governorate, and one will be demolished in Aden. Table 0.7 provides details regarding demolition Third Draft of April. 18, 2014| Page 0-7 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen of commercial structures in YCHP, without considering the likely avoidance of demolitions due to the redesign of the interchange at Noubat Dokaim. Table 0.7: Estimated commercial structures demolition Commercial area (Sqm) Number Governorate District concrete brick Mud Stone of owner Aden Daar Sad 0.00 50.00 0.00 0.00 1 Sub-Total Aden 0.00 50.00 0.00 0.00 1 Almosaimer 0.00 0.00 0.00 258.44 11 Lahj Tuban 7884.33 5055.07 956.00 32 Sub-Total Lahj 7884.33 5055.07 0.00 1214.44 43 Al Taiziah 0.00 0.00 0.00 61.00 1 Taiz Mawiyah 0.00 176.50 0.00 132.30 16 Sub-Total Taiz 0.00 176.50 0.00 193.30 17 Total 7884.33 5281.57 0.00 1407.74 61 *Source: Census survey, Decem ber 2013. 0.3.5 Impact on Agricultural Land and Livelihoods Much of the area along the 140 km YCHP highway alignment is presently used for agricultural purposes. In all, YCHP will acquire 161 hectares of agriculture land, plus 696.18 hectares of pasture area. The majority of agriculture land acquisition will take place in Taiz Governorate (118.46 ha) followed by Lahj (40.07 ha). Only 2.47 ha of agricultural land will be acquired in Aden Governorate. All of the pasture land to be acquired is located in Lahj Governorate, according to census survey results. In particular, among 2,159 plots of land, there are 1,329 plots of private agricultural land, of which 721 plots (54%) will be wholly acquired (100%). As local people mainly rely on agriculture as their source of income and livelihoods, the impacts are significant. The distribution of private land acquisition by plot in different governorates is presented in Table 0.8. Table 0.8: Private Agricultural Land Plots Acquired Total private agricultural plots Number of plot to be wholly Governorate affected acquired (100%) Aden 0 0 Lahj 324 124 Taiz 1005 579 Total 1329 721 *Source: Census survey, D ecem ber 2013. The proposed highway corridor passes through the Governorates of Taiz, Lahj and Aden. A majority of impact on crops is on corn (82.21 ha) followed by clover 13.36 ha, wheat (6.33 ha), sorghum (4.44 ha) and henna (0.47 ha). A detailed breakdown of affected crops by governorate is provided in Table 0.9. However, in line with usual practice, MPWH will notify farmers to harvest any planted crops and will give them sufficient time to do so. Therefore, standing crops are therefore not likely to be affected. Third Draft of April. 18, 2014| Page 0-8 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 0.9: Types of crops on affected land, by governorate Total Type of crops Governorate District Agricultural Corn Wheat Clover Henna Sorghum Cotton land (ha) Aden Daar Sad 2.47 - - 0.42 - - - Sub-Total Aden 2.47 - - 0.42 - - - Almosaimer 24.75 11.30 6.33 0.73 - - - Lahj Tuban 15.33 0.35 11.96 - - 0.99 Sub-Total Lahj 40.07 11.65 6.33 12.69 0.00 0.00 0.99 Taiz Al Taiziah 23.98 16.58 - - - - Mawiyah 94.48 53.97 - 0.26 0.47 4.44 - Sub-Total Taiz 118.46 70.56 0.00 0.26 0.47 4.44 0.00 Total 161.00 82.21 6.33 13.36 0.47 4.44 0.99 *Source: Census survey, Decem ber 2013. The field survey has also revealed that 433,075 privately owned trees/plants are likely to be affected due to the construction of the proposed highway. These include 412,050 qat plants, 794 banana, 522 mango, 187 papaya, 169 guava, 50 lemon and other 18,879 trees of other types. A breakdown of number and type of affected trees is provided in the following Table 0.10. Concening the Qat plants, which are actually classified as trees, given their small size and other characteristics, the can usually be removed with their roots and replanted. Based on experience in Yemen, it can be assumed that the owners of about 70% of the Qat trees will prefer to relocate their trees, while in 30% of the cases the trees will be cut and destroyed. Table 0.10: Number and types of trees to be affected Number of trees Pomegranate Other Trees Banana Apricot Orange Papaya Pepper Mango Lemon Guava Apple Palm Figs Qat Governorate District Aden Daar Sad 0 0 0 0 0 - - - - - - - - - Sub-Total Aden 0 0 0 0 0 0 - - - - - - - - - Almosaimer - 22013 3 6795 145 87 10 450 - - 28 13 3 - Lahj Tuban - - - 956 17 - 175 220 - 2 30 37 - - Sub-Total Lahj 30984 0 22013 3 7751 162 87 185 670 0 2 58 50 3 0 Al Taiziah 0 3453 1 2471 2 16 - 2 2 - - - 21 280 Taiz Mawiyah 8 386584 10 8657 358 66 2 122 - - 5 - 7 24 Sub-Total Taiz 402091 8 390037 11 11128 360 82 2 124 2 0 5 0 28 304 Total 433075 8 412050 14 18879 522 169 187 794 2 2 63 50 31 304 *Source: Census survey, Decem ber 2013. Third Draft of April. 18, 2014| Page 0-9 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 0.3.6 Estimated impact on other land attachment assets There are some other types of land attachment assets which are likely to be affected due to the proposed highway corridor project. It involves 22 water wells, 2 water pools, 38 fences, 16 guard rooms, 10 graves, 8 mosques and one barn. The details as are presented in Table 0.11. Table 0.11: Impact on other Land attachment assets Other land attachment assets Governorate District Water Guard Graves Well Fence Barn Mosques Pool Room Aden Daar Sad 0 1 - - - - - Sub-Total Aden 0 1 - - - - - Almosaimer 1 2 31 - - - - Lahj Tuban 2 3 - 1 1 - 2 Sub-Total Lahj 3 5 31 1 1 0 2 Al Taiziah 2 1 6 - 3 1 Taiz Mawiyah 5 15 1 1 - 13 5 Sub-Total Taiz 7 16 7 1 0 16 6 Total 10 22 38 2 1 16 8 *Source: Census survey, Decem ber 2013. 0.4 Estimate and analysis of project affected persons and Baseline survey results The information is derived largely from the December 2013 census survey undertaken to identify and enumerate Project-Affected Persons (PAPs) and the land and other assets they will lose as a result of YCHP. Information also is derived from a separate socio-economic survey undertaken on a 25% sample basis among affected households, to obtain supplementary information regarding their present livelihoods and living conditions. An estimate and analysis of project affected persons is described in subsequent paragraph. 0.4.1 Persons affected by land acquisition The census survey indicates that 31,695 persons (of which 15,974 are male and 15,721 female) will potentially be impacted or will suffer socio-economic losses as a result of project activities due to land acquisition for the project. A detailed breakdown of male/female PAPs is summarised in the following Table 0.12. Table 0.12: Persons affected by land acquisition, by gender PAPs Affected by Land Acquisition Governorate Total Male PAPs Female PAPs Taiz 14108 13885 27993 Lahj 1844 1814 3658 Aden 22 22 44 Total 15974 15721 31695 *Source: Census survey, Decem ber 2013. Third Draft of April. 18, 2014| Page 0-10 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 0.4.2 Persons affected by demolition of houses A total of 2,789 persons (of which 1,405 are male and 1,384 female) will be potentially impacted through residential assets losses as a result of the project. A detailed breakdown of male/female PAPs affected by demolition of houses is summarized in Table 0.13. Table 0.13: Persons affected by demolition of housing, by gender PAPs Affected by demolition of Governorate housing Total Male Female Taiz 1283 1263 2546 Lahj 117 116 233 Aden 5 5 10 Total 1405 1384 2789 *Source: Census survey, Decem ber 2013. 0.4.3 Persons affected by demolition of commercial structures A total of 463 persons (of which 231 are male and 232 female) will be potentially impacted/suffer losses due to demolition of commercial assets as a result of project implementation. Among them, 82 persons work in those commercial structures. A detailed breakdown of male/female PAPs affected by demolition of business structures is summarised in Table 0.14. However, as indicated earlier, the planned redesign of the large interchange near Noubat Dokaim will very significantly reduce the number of affected persons. Table 0.14: Persons affected by demolition of Businesses Structures, by gender PAPs Businesses affected by Governorate demolition of Structures Total Male Female Taiz 130 135 265 Lahj 95 93 188 Aden 6 4 10 Total 231 232 463 *Source: Census survey, Decem ber 2013. 0.4.4 Estimation and analysis of total affected persons A total of 31,695 persons are likely to be affected due to the construction of the proposed highway in terms of impact on their business, housing, farm land, infrastructure etc. The majority of PAPs is likely to be affected due to loss of land only (89.7%) followed by a combination of loss of land and housing (8.8%) and loss of land and business premises (1.5%). The findings of the census survey are summarized in the following Table 0.15. Third Draft of April. 18, 2014| Page 0-11 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 0.15: Total Affected Persons, by type of loss PAPs Governorate Land loss Land/Housing Land/Business Total only loss premises loss Taiz 25182 2546 265 27993 Lahj 3237 233 188 3658 Aden 24 10 10 44 Total 28443 2789 463 31695 Percentage 89.7 8.8 1.5 100 *Source: Census survey, Decem ber 2013. 0.4.5 Household Size The socio-economic baseline survey has revealed that the average family size along the project area is 8.2 members. However, the average size of the affected households is 11.8 members because there are several very big households among the affected. For instance, one household has 300 members, two households have over 200 members, and about another 10 households have over 100 members. 0.4.6 Sex-Ratio along project area The analysis of the field survey reveals that 50.4% of the population are male and 49.6% are female. The male-female ratio is in favour of males, which seems to be a mirror image of the national figure. See Table 0.16 below. Table 0.16: Sex Ratio in project area Households Particulars Number Percentage Male 15974 50.4 Female 15721 49.6 Total 31695 100 *Source: Socio-Econom ic Survey, Dec 2013. 0.4.7 Household family type It has been enumerated from the households’ survey that a majority of families are Joint (93%) followed by Nuclear (5.7%) and Extended (1.3%). The details of family type are summarized in Table 0.17. Table 0.17: Households by family type Households Family Type Number Percentage Joint 437 93 Nuclear 27 5.7 Extended 6 1.3 Households Interviewed 470 100 *Source: Socio-Econom ic Survey, Dec 2013. Third Draft of April. 18, 2014| Page 0-12 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 0.4.8 Educational status of households members The literacy rate in project area is 91.7 % and thus higher in comparison with the country average. The households which have members who completed primary, secondary and university level constitute 54.7%, 9.8%, 3.6% respectively, whereas 20.8% households are only literate. The findings of the household survey are presented in Table 0.18. Table 0.18: Educational status of household members Household members Education Number Percentage I. Technical Education 153 2.8 University Level 201 3.6 II. Secondary 543 9.8 III. Primary 3033 54.7 Just literate 1156 20.8 Illiterate 460 8.3 Total 5546 100 Households Interview 470 *Source: Socio-Econom ic Survey, Dec 2013 0.4.9 Occupation of household members The baseline survey revealed that a majority of households’ members are engaged in agriculture (56.3%) followed by others (19.7% i.e. unemployed persons, aged family members, housewives and children), students (13.5%), labourer activities (2.7%), business (2.6%), government service (1.6%), private service (1.4%). The facts are summarized in Table 0.19. Table 0.19: Occupation of households members Household Source of income Percentage members Agriculture 3122 56.3 Agriculture-related (Dairy, poultry, sheep, goats, 67 1.2 camel and cattle) Household Industry 21 0.4 Business 144 2.6 Tourism 11 0.2 Government Service 89 1.6 Private Service 78 1.4 Mining Related work 22 0.4 Wage Laborer 150 2.7 Students 749 13.5 Others (includes unemployed persons, aged family 1093 19.7 members, housewives and children) Total 5546 100 Households Interviewed 470 *Source: Socio-Econom ic Survey, Dec 2013. Third Draft of April. 18, 2014| Page 0-13 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 0.4.10 Household Annual Income In accordance socio-economic survey, a majority of households (72.6%) have reported their annual income in range of US$ (500-600) followed by 9.4% households in the range US$ (600-800). A detailed breakdown is provided in Table 0.20. Table 0.20: Households Annual Income Households Annual Income (US$) Number Percentage 0-500 38 8.1 500-600 341 72.6 600-800 44 9.4 800-1000 23 4.9 1000-5000 12 2.6 1500-2000 8 1.6 Above than 2000 4 0.8 Total 470 100 *Source: Socio-Econom ic Survey, Dec 2013. 0.4.11 Women’s Participation The socio-economic status of women along the proposed highway corridor is reasonably low as evident from the socio-economic survey. Women’s highest participation is limited to their household work and they constituted 4.7% of the work force for agriculture. Likewise decision making power of women along the project area reveals that women are not free to participate in all activities. They do not have say in decisions related to financial matters, education of children, and health care, purchasing and other day-to-day activities. The findings of the women’s engagement in various economic, non-economic activities and decision making power are documented in the following Table 0.21. Table 0.21: Women’s Participation Households Activities Number Percentage Economic and non-economic activities Cultivation 22 4.7 Service 2 0.4 Trade and business 1 0.2 Household work 470 100 Relaxation and entertainment 14 3 Decision making Financial matters 6 1.3 Education of child 3 0.6 Health care of child 8 1.7 Purchase of assets 2 0.4 Day to day activities 0 0.0 On social functions 14 3.0 Households Interviewed 470 *Source: Socio-Econom ic Survey, Dec 2013. Third Draft of April. 18, 2014| Page 0-14 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 0.5 Land acquisition, resettlement policy and regulations The Constitution and laws of Yemen establish the basic legal and regulatory framework for land acquisition and resettlement under YCHP. Among other key elements, eminent domain provisions for declaring land areas necessary for state development purposes, provisions for payment of compensation for expropriated property, and definition of property rights regarding ownership or use of individually titled and communal property exist. Where the Yemen legal framework is not consistent with World Bank OP 4.12 requirements, or where existing laws or regulations are not usually implemented, special policy measures will be implemented in YCHP (see further below and Section 5.5 of Chapter 5). The Yemeni Constitution protects citizens from unwarranted expropriation of their assets (Articles 7c and 20). The Public Utility Ownership Law (1/1995) (PUOL) gives governmental bodies (including regional governors) the right to acquire private property for projects in the public interest. By law, if suitable land that is already in the public domain is not available, legal provisions for expropriation and compensation apply. The law describes (i) situations in which expropriation is permissible, (ii) expropriation procedures, and (iii) the agency responsible for valuation of assets and compensation procedures. The PUOL describes three main forms of expropriation: (i) judicial expropriation, in which the state declares the need to acquire land in the public interest; (ii) amicable expropriation, in which a consent agreement is reached with compensation determined by a technical committee; and (iii) temporary appropriation, in which government agencies require temporary access to land for construction-related purposes. Land acquired for temporary purposes must be returned to the owner in its former condition or payment for any damages is required. A technical committee assesses damages. Formal supplementary regulations exist for expropriation in urban areas under Executive Regulations (260/1997) to the Urban Planning Law (20/1995). Compensation for land expropriated for urban infrastructure or facilities is required when the land area taken exceeds 25 percent of the property plot affected. When such conditions apply, the procedures and documentation required are relatively extensive. As a result, the law is not usually applied in practice. No specific regulations are in place regarding land acquisition in rural areas. Formal application of expropriation law is viewed as expensive and time-consuming. In current practice, project agencies seek to negotiate donation of land from affected landowners, or to arrange in-kind substitution of assets under the auspices of local authorities, typically the regional governor. The Customary Law of the Yemeni Tribes (Urf) is recognized by GoY and the judicial authorities as the legal source that defines the land rights of individuals and communal property rights. The customary ownership of rural estates can be formalized into titled ownership at the request of the rights holder. This is rarely done, however, because of the costs and complex bureaucratic procedures involved. In most rural areas, land rights, both of the individual and communal type, are generally based on de facto possession. Third Draft of April. 18, 2014| Page 0-15 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Structures and fixed assets built by individuals on private or communal land are, in principle, eligible for compensation. Structures and fixed assets built by individuals on public land, or land to which they have no legal claim, are not compensated when demolition is deemed necessary in the public interest. While religious trust land (waqf) is considered public property, assets built by private renters on waqf estates are eligible for compensation. The agency expropriating waqf land also is responsible for relocation or reconstruction of social or religious facilities such as community centers, mosques and graveyards. As noted above, in practice formal expropriation and payment of compensation are generally uncommon, especially in rural areas where customary practices remain strong. As compensation is uncommon, little information is available relating to valuation standards and procedures. A number of practical problems undermine effective land management in Yemen, making it more difficult to implement land acquisition arrangements in conformity with the law: a) Customary rules and formal laws often conflict, or there is no clear division of responsibilities or authority between customary leaders and GoY agencies; b) There is no clear delineation between private lands and communal lands in many areas; c) There is no complete cadastral system, and there is little confidence in the Land Registry; and d) The court system is ineffective, lacks clear and authoritative precedents on land issues, and is overburdened with land conflict cases. As stated above, special policy provisions are necessary in YCHP to meet required standards and procedures of OP 4.12. In some cases, this reflects gaps between OP 4.12 policy standards or procedures and GoY laws and regulations. In some cases, this reflects identified implementation performance gaps, where GoY laws and regulations are not effectively observed or enforced. These special policy provisions cover  establishing an eligibility cut-off date  compensation of land, structures and other assets at replacement cost  transitional assistance for displaced households and businesses  assistance to affected people who lack title or legal rights  assistance to sharecroppers, laborers and members of vulnerable groups  restoration of public or community facilities and services 0.6 Compensation and transitional assistance To facilitate restoration of livelihoods and living standards for all affected persons, YCHP provides compensation at replacement cost for all categories of land or other fixed assets that are lost for affected persons because of the project. Transitional allowances are provided for households and businesses that must relocate. And other forms of assistance are to be provided to those who do not own affected land or other assets, but whose livelihoods or living standards may nonetheless be adversely affected by the project. A description of compensation and assistance measures for the different categories of project affected persons is provided in subsequent section. Third Draft of April. 18, 2014| Page 0-16 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 0.6.1 Compensation All project affected persons shall be entitled to compensation at replacement cost for affected tangible assets (e.g., loss of land, residential or commercial assets, and business establishments, pumping wells, trees, crops and other immoveable assets). 0.6.2 Transitional Assistance Transitional allowances are to be provided to households and businesses that are required to relocate because of the project. An estimated 170 households will be affected by demolition of residential structures. The transitional allowance for residential relocation will be equivalent to 1,000 Yemeni Rials per square meter of demolished structure. A total of 61 businesses will be affected by demolition of commercial structures. Because the costs of commercial relocation can very greatly with the kinds of equipment and materials requiring relocation, the transitional assistance to be provided to relocating businesses will be determined on a case-by- case basis. The minimum rate, however, will be 2,000 Yemini Rials per square meter of demolished commercial structure. 0.6.3 Assistance to Others affected by the Project Other categories of people who do not own affected land or other assets may nonetheless be affected by YCHP. In the case of this project, these categoryincludes essentially landless tenant farmers. 0.6.4 Compensation for Loss of communal property or facilities YCHP provides for compensation in cash at replacement cost or direct asset replacement for affected communal property or facilities. It is expected that all affected facilities (e.g., mosques, graves, markets, etc.) will be replaced by YCHP to at least the same standard that existed prior to the project’s implementation, without cost to the affected communities. Relocation will be done following consultation with local people and the cost of relocation will be covered either through cash payments and/or by the construction of replacement facilities. These consultations will be carried out by MPWH staff and the decisions taken during the consultations will be recorded in writing. 0.7 Livelihood restoration arrangements Livelihood restoration at pre-project level is an important part of rehabilitating socio- economic and cultural systems in affected communities and within project affected people. YCHP will affect persons in varying ways and in varying degrees. The RAP distinguishes between major categories of affected persons, and provides additional assistance to categories of persons who are most significantly affected, or those who would face project caused impacts that would not normally be mitigated through compensation for assets. These categories and corresponding assistance arrangements are described further below. Third Draft of April. 18, 2014| Page 0-17 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 0.8 Organizational arrangements Effective implementation of land acquisition and resettlement arrangements requires timely performance of necessary activities, carefully sequenced against the project construction timetable. This is especially the case with regard to delivery of compensation to affected persons, which is necessary before the YCHP can obtain access to necessary land, demolish structures, and initiate civil works. Because of the linear nature of YCHP works, land acquisition and resettlement will be conducted in a staggered manner, so that compensation is paid and land is acquired only as it is needed for civil works. The estimated time frame for actual land acquisition and resettlement is June 2014 through June 2016. A mechanism to address grievances by affected persons has been defined (Grievance Redress Mechanism) and is described in Chapter 8. 0.9 Budget and financial management The overall estimated budget of Resettlement component is US$ 19.0million as presented in the following Table 0.22. Table 0.22: Total RAP Costs Amount Particulars Reference (US$) Estimated cost for compensation of assets Table 9.1 18,303,773 Allowances and support to affected persons Table 9.2 700,961 RAP TOTAL COSTS 19,004,734 0.10 Public consultation and information disclosure Extensive public consultations were carried out with various stakeholders at various locations throughout the length of the proposed highway corridor between Aden and Taiz. The consultations were undertaken with government officials, PAPs, sheikhs and community leaders, including women groups. The locations, number of people that participated, the consultation methods used and the wide range of issues raised and discussed during the consultations are documented in Chapter 10. 0.11 Implementation monitoring and evaluation of results Monitoring and evaluation are the primary means to assess the extent to which resettlement plans have been implemented, and the extent to which resettlement objectives have been achieved. MPWH bears the primary responsibility for monitoring the implementation of the Resettlement Plan. Independent third-party monitoring will also be used. Monitoring is based on periodic field reviews during the implementation phase, and is intended primarily to identify issues and problems in implementation in a timely manner. Identification of issues and problems at an early stage of implementation helps to promote improvements in practice before budget resources are expended, or before complaints arise, and otherwise provides feedback for project management to keep the program on schedule. The primary purpose of Third Draft of April. 18, 2014| Page 0-18 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen evaluation is to assess the effectiveness of implementation, to determine whether resettlement objectives have been achieved or whether alternative measures may be necessary to complete the resettlement process in a satisfactory manner. Arrangements are in place for both internal and external monitoring of all YCHP resettlement activities, and for evaluation of resettlement effectiveness, as described in Chapter 11. 0.12 Entitlement matrix For ease of reference, the entitlement matrix for the project YCHP is presented as a separate Chapter 12. Entitlements are based on Yemeni laws (i.e. Constitution, Civil Law and Law no. 21 of 1995 on Land and Real Estate), World Bank OP 4.12 and discussion with MPWH Officials. The entitlement matrix reflects the following broad principles:  Land acquisition will be carried out under the provisions of Yemeni legislation, with additional provisions to comply with World Bank OP 4.12;  Consent award or mutual negotiations will be preferred for land acquisition;  Additional benefits to vulnerable or especially affected people will be provided as lump sum transitional assistance;  Affected people not having alternative source of livelihood or shelter, will be assisted under the project; and  Affected community properties will be enhanced / conserved by the project in consultation with the community. Compensation and other allowances / assistance will be extended to all eligible PAPs in accordance with the Yemeni legislation and World Bank OP 4.12 before taking possession of the acquired land and assets/properties. All activities related to resettlement planning, implementation and monitoring will ensure involvement of women and vulnerable groups. Special allowances and assistance will be provided to eligible PAPs as per the entitlements. All losses, including measures to restore loss of income, will be compensated within the overall budget as per the agreed framework. 0.13 Conclusion YCHP will affect the agriculture land, livelihood, residential and commercial assets of many people. In order to mitigate the adverse impact of the project on people and properties/assets, various stakeholders were consulted and their suggestions have been incorporated into this RAP. The public consultation process may be continued at different phases of the project planning and implementation to make it more people friendly. Considering provision of Yemeni legislation and World Bank OP 4.12, the RAP has been prepared with a view to minimize the impact of the project and to improve or to at least restore the standard of living of the affected people. The RAP provides the details of impact, entitlement policy framework and comprehensive mitigation measures to ensure that the affected and displace persons are appropriately resettled and rehabilitated. Apart from social impact and its mitigation measures, institutional arrangements and impact monitoring mechanism for the effective implementation of the project has been described in the RAP. Third Draft of April. 18, 2014| Page 0-19 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 1 PROJECT OVERVIEW AND OBJECTIVES OF RESETTLEMENT ACTION PLAN 1.1 Country Background Situated on the southern part of the Arabian Peninsula, the Republic of Yemen has a population of some 24 million, of which about 76 percent live in rural areas where poverty incidence is particularly high. The country has a low GNI per capita of US$1,110 (2011), while on the UNDP Human Development Index, Yemen ranked 154th out of 187 countries in 2011. However, the report also showed that average life expectancy is up from 41.6 years in 1970 to 62.7 in 2010, with women’s life expectancy mirroring the overall trend. Across all economic indicators, Yemen is characterized by high levels of poverty and inequality. In addition to the already existent widespread poverty, Yemen experienced intense and extensive domestic unrest from February 2011 until November 2011. The long- lasting conflict and turmoil, and severe shortages of food and fuel, combined with high commodity prices left many poor unprotected. During this period of crisis, the economy contracted by 10.5 percent and the number of those living below the poverty line is estimated to have increased by 8 percentage points to 50 percent of the Yemeni population. Rising fuel costs caused sharp increases in transport costs, sometimes reaching 100 percent in urban areas and twice as much in rural areas. Meanwhile, oil production is expected to continue to decline and reserves are expected to run out by 2021 in the absence of new oil discoveries and developments. State revenues from natural gas production and exports will offer some cushion, but cannot compensate for the loss of oil revenues. As a result of the events of 2011, Yemen has embarked on a political transition based on an agreement brokered by the Gulf Cooperation Council (GCC). The Government of National Reconciliation was formed and confirmed by Parliament in December 2011. Presidential elections were held in February 2012, and President Abd Rabbuh Mansur Al-Hadi sworn in soon afterward. The National Dialogue Conference (NDC), a key element of the GCC agreement and transition process, was launched in an atmosphere of much hope, trepidation, and protest. The first phase of the transition is expected to end in the first half of 2014 with legislative and presidential elections to be held under a new constitution, followed by the inauguration of a new president and formation of a new parliament. The second phase of the transition will see the practical implementation of the agreements negotiated during the National Dialog Conference. In the meantime, the transition government has an opportunity to start addressing the underlying causes of instability and social strife in order to rebuild Yemen’s social and economic base, and to restore macroeconomic stability. There is an overall sense of optimism and hope for inclusive change in post-revolution Yemen, but the country’s transition may face significant risks if reforms and economic opportunities do not materialize quickly, and if substantive changes are not felt by the population. Yemen needs the collective support of the development community as it works to sustain its political transition and economic recovery, while fighting strong countervailing forces, including regional grievances that have led to enduring separatist violence in the north and south, al-Qaeda militancy, and recalcitrant elements of the previous regime in Sana’a. Third Draft of April. 18, 2014| Page 1-20 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 1.2 Sectorial and Institutional Context Yemen’s road sector has gone through a radical transformation in the past three decades. The most striking element has been the creation of a network of modern paved roads linking most of the main cities and governorates, particularly in the densely populated and mountainous western part of the country. This network has indeed grown from only about 5,000 km in 1990 to about 14,000 km in 2010, a 280 percent increase over about twenty years. Major progress has also taken place in rural areas where about 5,500 km of paved roads have been constructed in the past twenty years (out of a total of 58,200 km of non-urban roads). The paved road network is in relatively good condition, in part due to its young age but also due to the mostly excellent geotechnical conditions and road building materials in Yemen. The improvements of the road network have had a major impact on the population and the economy, promoting internal and external trade, enabling a growing share of the population to have access to public services and markets, and ensuring that food imports reach remote areas. Yemen has about 58,200 km of non-urban roads, of which 14,200 km are presently paved. The network of unpaved roads includes about 44,000 km; many of those are earth roads. There are many unpaved roads which are gradually being upgraded to paved standards under different Government programs. In total, very significant local and donor resources have been allocated to the road sector over the past few years. 1.3 Yemen’s current road network (in kilometres)1 Paved roads – Total 14,200 International 3,600 Main 5,100 Secondary and rural 5,500 Unpaved Roads 44,000 Grand Total 58,200 The organization of the road sector and its main institutions has also undergone important changes in the past decades. The Ministry of Public Works and Highways (MPWH) has gradually taken firm control of the road sector and of the strategies and expenditure programs necessary for its development. In addition, a diverse set of private road construction and maintenance companies, and engineering firms, has emerged in Yemen with a cadre of qualified specialists who have a good understanding of the special physical conditions and human constraints in Yemen. Despite this positive change in Yemen’s road sector, the Government still needs to develop more effective methods and institutions that are necessary for managing, operating and maintaining its road network at higher standards, particularly larger infrastructure such as new highways. Yemen has one of the poorest traffic safety records in the region with almost 6,500 reported deaths every year on the road network. Traffic police records show about 13,000 accidents with injuries each year, affecting about 17,000 people and their 1Source: Ministry of Public Works and Highways Third Draft of April. 18, 2014| Page 1-21 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen families2. Road traffic injuries rank among the top 10 causes of death in Yemen. Such high rates of road traffic injuries and fatalities, also characterized by the high share of pedestrian fatalities, disproportionally affect the economically active population in Yemen; hence, the economic and social consequences are significant. The key factors that contribute to the poor road safety records are: (i) poor road conditions and the lack of safety features in road design, (ii) unsafe driving behaviour; and (iii) ineffective enforcement of traffic laws and regulations. Prevalent among drivers are speeding and the use of communication devices (cell phones), while seat belts and other safety measures are not widely used. The World Bank has had a dialog with the Government on a range of needed measures to improve road safety, which include physical and non-physical measures (institutional and legislative). However, the unstable political and governance environment has not been conducive to the non- physical measures which should normally be applied as part of a comprehensive road safety strategy. In practical terms, physical road safety improvements on roads are presently the only viable and realistic measures likely to produce measurable results. Notwithstanding the behavioural, institutional and political issues in Yemen, from the road sector’s point of view it is urgent and critical to improve the physical features of roads to reduce the likelihood and severity of crashes. A formal road safety audit should be required not only for new construction (as planned under this project) but also for road rehabilitation and reconstruction where are ample opportunities to change the geometric design of roads and add other road safety features for improved safety. 1.4 Project rationale and expected benefits In terms of main road arteries, most of Yemen’s major cities are connected by an existing North-South road which begins in the southern port city of Aden and passes through Taiz, Ibb, Dhamar, Sana’a, Amran and Saada before reaching the Saudi Arabian border at Albayn. Although the existing road is a vital transportation route, it was not designed for efficient long-distance and inter-urban traffic. There are a host of problems affecting its use, first and foremost its inadequate physical capacity for handling rising levels of traffic. This lack of capacity has resulted in traffic jams, particularly where the road passes directly through the densely populated and congested centers of the capitals of eight governorates. Another problem is the high gradients and often sharp curves of the road, resulting in low average travel speeds of only between 40 to 60 km/hour. Overall, the road cannot serve as an efficient long- distance transport artery for passengers and commercial freight. The Ministry of Public Works and Highways estimates that traffic on the road had increased at a rate of 5 percent per year during the decade before the unrest in 2011, with traffic surpassing the road capacity on many sections. Although traffic growth has been stifled since 2011, long lines of vehicles still form today behind heavy trucks which slowly climb or descend the winding mountainous road sections. This leads to risky behaviour of drivers trying to overtake trucks, often resulting in serious accidents claiming many lives. 2 In Yemen, data on traffic injuries and fatalities are collected by the traffic police as part of a nationwide system (not gender-disaggregated). Third Draft of April. 18, 2014| Page 1-22 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen The MPWH has implemented partial solutions in the past, such as bypasses and ring roads in some cities, but they did not generally resolve the issues mentioned above, prompting the Government to seek a more comprehensive solution. With this intention, the Yemeni Government started already in 2003 to conceptualize and design a completely new dual carriageway highway between Aden and the border with Saudi Arabia (denominated as “Saada–Aden Yemen International Corridor Highway” or “SAYICH”). The new highway will provide the country with an additional 710 km long North-South route that will adequately serve its current and future transport needs. Detailed and in-depth studies to select the best overall highway alignment and the most appropriate technical design solutions were carried out between 2003 and 2005 by German and British engineering design firms hired by the GoY. Since that time, however and until recently the GoY had not been able to mobilize the funding necessary for that highway. This changed in the context of the National Dialog Conference, with several external partners showing interest in funding major new infrastructure projects in Yemen, and in particular the planned new Saada – Aden Yemen International Corridor Highway. The different sections of the SAYICH Program are shown below. It envisions multiple donors for the different highway sections. Section 1: Aden - Taiz - Sub-Section from Aden to Noubat Dokaim: 55 km (planned IDA funding) - Sub-Section from Noubat Dokaim to Taiz: 85 km (SFD funding) Section 2: Taiz - Ibb - Dhamar - Sana'a: 214 km (funding to be identified) Section 3: Sana'a - Amran - Saada (Albain border): 358 km (funding to be identified) The first section of the new highway, for which funding has been identified, is located between Aden and Taiz, with a length of 140 km. This Resettlement Action Plan (RAP) covers this section. It is of particular importance in the context of the National Dialog, since it connects the areas of the former South and North Yemen, and thus the main conflicting interest groups. Recognizing the above and the need to demonstrate actual quick progress on the ground, the Government of the Kingdom of Saudi Arabia agreed in early 2013 to fund the construction of 85 km of this section, as a separate project, between the city of Taiz and the locality of Noubat Dokaim. Loan and Grant Agreements totalling US$ 320 million were signed between the Saudi Fund for Development (SFD) and the GoY in March 2013. The World Bank (IDA) is also planning to support the Government’s overall program for the Saada – Aden Yemen International Corridor Highway (SAYICH). The Government of Yemen has asked the World Bank to play a catalytic role in the mobilization of future large-scale funding for the SAYICH. The World Bank is planning to initially support the SAYICH Program through IDA resources of US$ 150 million for the "Corridor Highway Project" which covers the part of Section 1 of the SAYICH which is not funded by the SFD, between Noubat Dokaim and Aden (55 km). The IDA-funded "Corridor Highway Project" will thus complement the separate Third Draft of April. 18, 2014| Page 1-23 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen SFD-funded project of the 85 km between Noubat Dokaim and Taiz. Very importantly, the IDA-funded project will include activities to lay the groundwork for the other future sections of the Corridor Highway for which funding has not yet been identified, such as preparing feasibility and design studies, and carrying out the ESIA, ESMP and RAP for those sections. The availability of those project preparation studies (reviewed and endorsed by the Bank) will make other donors feel comfortable towards providing further funding in the future. However, there is no other funding committed to the SAYICH Program at this time and it is uncertain if and when other sections of the SAYICH can be started. The direct and rather “technical” project rationale described above is thus to create better conditions for drivers, reduce vehicle operating costs and driving times and make the road safer. Beyond the quantifiable project benefits of transport cost reduction, time savings and reduced traffic fatalities which are captured in the traditional economic analysis, the project is expected to have numerous broader social benefits which feed into higher-level objectives pursued by the Government of Yemen and the World Bank. Even though these cannot be quantified with any reasonable level of precision, there is widespread consensus that the construction and subsequent operation of this highway will provide economic and social benefits at least to the inhabitants of the eight Governorates it will connect with each other. These are the Governorates of Aden, Lahj, Taiz, Ibb, Dhamar, Sana’a, Amran and Saada, which represent about two thirds (2/3) of Yemen’s total population. i. At the present time, Yemen’s biggest challenge is to remain a unified country with the necessary conditions for peace, security and stability, and to avoid a new civil war. The on-going National Dialog Conference (NDC) is the forum where a peaceful settlement of differences is to be achieved. During the multi- party discussions in the NDC, the new Corridor Highway between Aden and the border to Saudi Arabia was identified by all parties as a key strategic project which would be crucial for unifying the country and provide much needed economic opportunities for the numerous communities along the corridor. ii. In the short term, the construction itself of the road will bring important short- term benefits through job opportunities for thousands of workers, unskilled and skilled, including those who have been repatriated from Saudi Arabia and Gulf states in the recent past. It will also bring large-scale business opportunities for many Yemeni firms who will be involved in the construction activities, as contractors, sub-contractors and suppliers of goods and services. It is these direct short-term benefits that are of specific importance in the context of the on-going political consolidation and unification process. iii. In the medium and long term, the new Saada-Aden Yemen International Highway (SAYICH) Program, of which the Corridor Highway Project is the first part, is expected to bring trade facilitation and general economic revitalization, and better access by rural populations to the markets and services located in the larger cities along the new highway. iv. The project is expected to have a transformational impact due to the new institutional arrangements for asset management and maintenance that it will introduce, again providing business opportunities for local firms and communities along the highway corridor. Third Draft of April. 18, 2014| Page 1-24 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 1.5 Expected project beneficiaries The most direct beneficiaries of the Corridor Highway Project, and of the wider SAYICH Program, are Yemeni road users, which may be vehicle owners, but can also be passengers traveling in buses, or owners of cargo being transported by truck. These will benefit from reduced transportation costs and travel times between the connected cities and regions, and much improved traveling comfort. The communities located along the new corridor will benefit economically for two main reasons. First, during the construction period a large number of skilled and unskilled workers will be employed by private contractors, resulting in important income generation (about 1.28 million person-days of unskilled work alone during the 3 to 4 years of project execution, at a rate of about US$ 18 per day). Unskilled workers, which in economic terms are part of the bottom 40% of the population, will typically be recruited from the area of the physical works, resulting in direct income generation for this group in the area of the road. Secondly, the passenger and freight traffic on the new highway will generate business opportunities for communities along the highway, both during construction (as suppliers to contractors) and during operation, at the rest and service areas. The Ministry of Public Works and Highways will benefit from enhanced capacity in managing and maintaining the new corridor asset, while private contractors and consultants will benefit from the contracts that will arise from project execution and from the subsequent operation and maintenance of the new highway. Both women and men are expected to benefit from the improved mobility, safety and access to markets and services along the corridor between Aden and Taiz. There is no hard gender-specific data available on road users, pedestrian traffic and on traffic injuries and deaths along the planned highway (and in Yemen in general). However, in terms of safety benefits it seems likely that women and children will benefit in particular from the increased pedestrian safety generated by the project, since they tend to constitute the majority of pedestrians in settlements along the road, in order to access social services and markets (stores). The project will improve pedestrian safety mostly on the existing road, since the new road will take much of the high-speed traffic off the existing road and put it on the new highway which is further away from settlements. On the other hand, men will mostly benefit from those road safety improvements that address safety risks for drivers and vehicle occupants, which in their majority are men. Given that the project is to build a new major highway, it was found that it does not lend itself for gender-specific project actions or components, unlike urban and rural road projects which do often present such opportunities. Finally, the project will also benefit People with Limited Mobility (PLM) since the service areas along the new highway will be designed barrier-free to enable access with wheelchairs, crutches, etc. 1.6 Physical characteristics of the project The construction of the new Aden-Taiz highway consists of civil works on a new alignment over a length of 140 km (double carriageway). The project road starts at Al-Alam near the coastal city of Aden and ends at Al-Ganad, about 12 km northeast Third Draft of April. 18, 2014| Page 1-25 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen of the city of Taiz. One of the criteria for the selection of the corridor was to avoid passing through towns, villages and settlements. The highway was originally designed as a 6-lane road (3 travel lanes in each direction). However, on the 55 km subsection between Aden and Noubat Dokaim the highway will only be built as a 4-lane road (2 travel lanes in each direction), but with a platform wide enough to accommodate two additional lanes in the future. The overall platform width is 36.7 m, to accommodate 2 x 3 travel lanes, each 3.65 m in width, of which only the two outer lanes in each direction will be built now. The median will be (i) wide enough to accommodate two additional travel lanes (one in each direction) in the future when traffic levels require such an additional investment, and (ii) will still be 6 m wide after the addition of the two lanes, or 3.6 meters wide in mountainous terrain. The typical cross-section will also include, on each side of the road, a 2.0 m wide verge, and gravel and paved hard shoulders, each of 1.2 m in width. From the start, all structures (bridges, culverts, intersections) will be built so that two additional lanes can be added later (if the need arises) without a need to modify those structures. Only the “outer” four travel lanes will thus be built, including shoulders. The “inner” two lanes will only be established at the level of “cut and fill/earthworks” and will initially be part of the median. On the 85 km subsection between Noubat Dokaim and Taiz the civil works will be done in line with the original design, with all 6 travel lanes to be built now. The typical cross-section of the new highway is shown in Figure 1.1. The road platform width is 36.7m wide. The width of the right-of-way varies between a minimum of about 50m and can reach up to 80 meters in the areas of high embankments and deep terrain cuts. The design includes 60 locations along the new highway between Aden and Taiz where it can be crossed, namely (i) 12 road intersections with overpasses, (ii) 3 bridge underpasses, (iii) 2 bridge overpasses, (iv) 20 road culverts and (v) 23 large other culverts suitable for pedestrians and small vehicles (farm tractors, etc.). There are also several rest areas and two service areas. Third Draft of April. 18, 2014| Page 1-26 M I N I S T R Y O F P U B L I C W O R K S A N D H I G H W A Y S ( M P W H ) Resett lement Acti on Plan for Yemen Int ernati onal Corri d or H i gh way Proj ect sect ion b et ween Taiz an d t h e cit y of Ad en (1 40 km) Republic of Yemen Figure 1.1: Typical Cross Section Third Draft of April. 18, 2014| Page 1-27 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen The design speed is of 100 or 120 km/h, depending on local conditions. This will be a “controlled access” highway, with entry and exit only possible at the interchanges which will connect this highway with the rest of the Yemeni road network. The civil works will include the main carriageways, interchanges, highway structures and bridges, interconnecting and local (village and farmland) roads, installation of traffic safety measures and the rest and service areas. Flexible type pavement (asphalt concrete) with a total thickness of 50 cm (wearing course 5 cm, binder 5 cm, aggregate base course 20 cm and aggregate sub-base 20 cm) will be constructed above a 20 cm subgrade level. Traffic safety measures comprise double-sided median barriers and single-sided barriers at the shoulders. Most intersections along the highway have been designed as grade-separated interchanges, diamond type, due to the nature of the intersecting roads and traffic demand, in order to provide safety for vehicle movements in all directions. Connections with the Aden Ring Road and the Aden Coastal Road at Al Alam are designed as three-lane turbo-roundabouts. The highway will be fully equipped to enable required level of service for users, containing lighting at interchanges, rest areas and service areas. Numerous road culverts (5 x 5 m and 3 x 3 m) are foreseen for provision of access between different sides of the highway, and for access between villages and farmland. These culverts will be suitable for pedestrians and animals. Civil works will also include the duct for a new fibre optic backbone cable and related manholes, etc. which will be incorporated into the road embankment or sub-base. For procurement purposes, the works are divided into two smaller, roughly equal lots in order to facilitate the participation of local Yemeni contractors in the works. The project will include the services of a consulting firm to act as the Engineer (engineering supervision) for civil works and also to ensure adequate environmental and social safeguards management during construction of the highway, including post-construction services during at least one year. The main role of the Engineer will be to ensure that the works are implemented according to specifications, within the cost and according to the schedule. 1.7 Existing conditions along the proposed alignment for the new road The proposed Aden -Taiz (140 km) road section traverses through three Governorates of Republic of Yemen namely; Aden, Lahj and Taiz. As mentioned above, the project road starts at Al-Alam near the coastal city of Aden and passes through the districts of Al-Amad, Bi’r Jabir, Al-Hutah, Al-Anad, Noubat- Dokaim, Aquan, Musaymir, Ad Durayjah, Al-Qub’ah, Mawya and terminates at the locality of Al-Ganad, about 12 km northeast of the city of Taiz. About 36 km of the proposed length is located in Taiz Governorate, 99 km in Lahj Governorate and 5 km in Aden Governorate. A view of the proposed highway corridor is shown in Figure 1.2. The list of villages located in the proximity of the proposed alignment is presented in Table 1.1. The feasibility and design studies for the highway assign the chainage for the road in the opposite sense, with chainage km 0 being at Al-Ganad (near Taiz) and the end point at chainage km 140 located at Al-Alam near Aden. In that order, the corridor of the highway starts and runs through a wide and flat-bottomed intensively-cultivated valley approximately up to Ch.km 5.5. After that; it crosses a rugged hilly and Third Draft of April. 18, 2014| Page 1-28 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen mountainous region, divided by many steep-sided and deep wadis, approximately up to Ch. km 24.5 near Mawiyeh town. Approximately from Ch.24.5 to Ch.39.5, the road alignment runs through relatively narrow valley bounded by steep rugged mountains. The alignment crosses these mountains at several locations. The valley is intensively cultivated and planted. Along this stretch, the road alignment crosses several rugged basaltic hills. The area between Ch.39.5 and Ch.50 is rugged hilly rocky side that contains some steep igneous mountains. Approximately from Ch.50. to Ch. 90.5; the road corridor passes through relatively low-rise soil hilly areas that are built up by thick soil deposits. The site is divided by several steep-sided wadis. Approximately, from Ch.90.5 to the end of the road, the roadway passes through flat to gently rolling and undulated terrain covered mostly by fine, loose wind-blown sand and crossed by many sand dunes. Vegetation along the study route is variable. The stony surfaces of the hills and mountains are rather poorly vegetated where scattered shrubs, small bushes and small plantations were observed. Lowlands and valley areas are covered with brown silty- clayey soils that are intensively cultivated and planted mainly with variable vegetables. Classification of the site based on the intensity of vegetation is as follows (from North to South):  From Ch. 0.0 (start of the roadway near Taiz) to Ch. 5.5: very rich with plantations and farms.  From Ch. 5.5 to Ch. 24.5: scattered plantations and farms, locally rich with plantations and farms.  From Ch. 24.5 to Ch. 50: rich with wild bushes and small trees beside many spots of intensively cultivated and planted areas.  From Ch. 50 to Ch. 90: scattered plantations and farms.  From Ch. 120 to Ch. 140 (end at Aden coast): very poor vegetation cover, however some farms exist to the west of the corridor. Third Draft of April. 18, 2014| Page 1-29 M I N I S T R Y O F P U B L I C W O R K S A N D H I G H W A Y S ( M P W H ) Resett lement Acti on Plan for Yemen Int ernati onal Corri d or H i gh way Proj ect sect ion b et ween Taiz an d t h e cit y of Ad en (1 40 km) Republic of Yemen Figure 1.2: Proposed Highway Corridor Third Draft of April. 18, 2014| Page 1-30 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 1.8 Alignment survey and measures to minimize land acquisition The 2003-05 engineering design study considered three alternative alignments for YCHP. Selection criteria included: vii. Proximity to settlement areas and social infrastructure; viii. Potential impacts on human health, caused by noise, by air pollution, and by traffic accidents; ix. Impacts on land resources and agriculture, caused by loss or severance of land resources, resulting in loss of incomes; x. Natural environment conditions, including vegetation, forests and habitats, by habitat degradation and loss of biodiversity; xi. Potential impacts on groundwater resources and wadis, by pollution of sensitive aquifers or surface waters (such as by accidents) or change of natural flow of surface waters; and xii. Potential impacts on cultural heritage and tourism potential, by loss or severance of traditional hillside terraces, of traditional architecture, or of landscape attractive to tourism and ecotourism. In each of the alternative alignments, technical assessment and economic assessment considered loss or severance of agricultural land resources together with other social impacts, and risk to available water resources, as significant factors. Design criteria intentionally kept proposed alignments at some distance from settlements so as to minimize the need for land acquisition in relatively congested or populated areas. Based on these feasibility analyses, a fourth alignment (blending aspects of two of the three alignments chosen for assessment) has been selected. While no detailed information regarding the extent of land acquisition that would be necessary was included in the feasibility study, the overall land requirement for the chosen alignment totals 5.96 square kilometres. The alignment is expected to affect about 7 kilometres of intensive agricultural area and 17 kilometres of extensive agricultural area. 1.9 Objectives of Resettlement Action Plan The objectives of the Resettlement Action Plan (RAP) are as follows:  To minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives;  To ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of the affected families;  To ensure that special care is taken for protecting the rights of the weaker sections of society, especially vulnerable groups and to create obligations on the Government for their treatment with concern and sensitivity;  To provide a better standard of living, making concerted efforts for providing sustainable income to the affected families; Third Draft of April. 18, 2014| Page 1-31 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen  To integrate rehabilitation concerns into the development planning and implementation process; and  Where displacement is on account of land acquisition, to facilitate harmonious relationship between the project authority requiring the land and affected families through mutual cooperation. This RAP has been prepared in compliance with relevant national laws and guidelines of the Republic of Yemen and the World Bank OP 4.12 designed to protect the rights & benefits of the Project Affected Persons (PAPs) and communities. The primary objective of the RAP is to minimise and mitigate the adverse impacts of the project and to assist the PAPs in the resettlement & rehabilitation and restoration of their income and livelihoods. The RAP is based on the results of the census & socio- economic surveys, community consultation, field observation and meetings with various stakeholders including PAPs, village skeikhs, social fund officials, NGOs and Governors etc. in the project area. The RAP identifies (i) type and extent of loss of assets, including land, houses, shops, pumping wells, fruit/non-fruit bearing tress etc.; (ii) type and extent of loss of livelihood or income opportunities;(iii) collective losses, such as common property resources and social infrastructure; (iv) entitlement matrix and provisions for relocation assistance and restoration of businesses/income; and (vi) institutional framework for the implementation of RAP, including supervision, monitoring and evaluation. 1.10 Structure of the Report This RAP is structured sequentially in the following chapters: Executive Summary Chapter 1 : Project Overview and Objectives of Resettlement Action Plan Chapter 2 : Approach and Methodology Chapter 3 : Estimate and Analysis of Land Acquisition and Resettlement Impacts Chapter 4 : Estimate and Analysis of Project Affected Persons and Baseline Survey Results Chapter 5 : Land Acquisition and Resettlement Policy and Regulation Chapter 6 : Compensation and Transitional Assistance Chapter 7 : Livelihood Restoration Arrangements Chapter 8 : Organizational Arrangements Chapter 9 : Budget and Financial Management Chapter 10 : Consultation and Information Disclosure Chapter 11 : Implementation Monitoring and Evaluation of Results Chapter 12 : Entitlement Matrix Third Draft of April. 18, 2014| Page 1-32 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 2 APPROACH AND METHODOLOGY 2.1 Introduction This section provides an insight into the approach and methodology adopted for carrying out Social Impact Assessment (SIA) and data collection in the field. It also discusses the various methods used for field surveys for the preparation of Resettlement Action Plan (RAP). With a view to comply with appropriate Republic of Yemen laws and World Bank OP 4.12, the SIA as a part of ESIA was carried out in close coordination with environmental and engineering design team for providing necessary inputs to the project. The Social Expert with the team of surveyors during census and socio-economic survey along the proposed highway corridor are shown in Figure 2.1. Figure 2.1: Social Expert with the Team of Surveyors 2.2 Approach and Methodology The approach and methodology for this project involves the following:  Detailed visits to project road to understand the settlement pattern and the physical features along the proposed highway corridor was carried out during the month of December 2013 to identifty the critical sections of the road stretch and Third Draft of April. 18, 2014| Page 2-33 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen develop an understanding of socio-economic profile and activity pattern along the proposed highway corridor;  Consultation’s with the likely PAPs including women groups, PAPs representiaves, village sheikhs as well as other key stakeholders including Governors, NGOs, social fund officials and officers of Governorate administration using focus group discussions were carried out. The consultation meetings and other participatory tools for the assessment to develop rapport with the stakeholders including likely PAPs, identification of the key social issues, assessment of likely impact on land, livelihood, structures, social cohesion, safety of the road users and the viewes of the people's on various aspects of road design were also gathered during the survey;  Administering census and socio-economic questionnaires for collectiion of information on properties/structures, agriculture land, type of ownership and social groups etc;  Documentation of the PAPs perception regarding the adverse impacts that may be caused due to the project;  Developing a database with estimates of different categories of PAPs irrespective of their legal holdings;  Assessment of land acquisition and cropping pattern along the proposed highway corridor alignment;  Identification and capacity assessment of village representative committees; and  Analysis of census and socio-economic surveys for the purpose of preparation of RAP and working out the entitlement framework. 2.3 Primary Data Collection The onsite experiences and discussions with the MPWH officials, Governorate administration (Aden, Lahj & Taiz), Beneficiary Committees (NGOs) and Social Fund Officials (SFO’s) were the main sources that guided the collection of data from the field. The following documents were referred to, for the preparation of questionnaire for primary data collection:  Yemeni Constituion;  Yemeni Civil Law;  Yemeni Law, No.21 of 1995 concerning State Land and Real Estate;  World Bank OP 4.12, Involuntary Resettlement;  World Bank OP 4.10, Indigenous People;  World Bank OP 1.00, Poverty Reduction;  World Bank OP 4.20, Gender and Development;  World Bank Involuntary Resettlement Sourcebook;  Yemen Statistical Year Book, 2003;  Yemen Statistical Year Book, 2004;  Yemen Statistical Year Book, 2005;  Yemen Statistical Year Book, 2006;  Yemen Statistical Year Book, 2007;  Yemen Statistical Year Book, 2008;  Yemen Statistical Year Book, 2009; Third Draft of April. 18, 2014| Page 2-34 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen  Yemen Statistical Year Book, 2010;  Yemen Statistical Year Book, 2011;  Yemen Statistical Year Book, 2012;  Yemen at a glance, Unicef;  The ministry of agriculture and irrigation, Republic of Yemen;  Land Evaluation and Planning for Sand Stabilisation Using Wastewater in the Green Belt around Hodeidah city, Yemen;  Watershed Management and Wastewater Re-use in Peri-Urban Areas of Yemen; 2.3.1 Data Collection and Field Questionnaires An assessment of social impact and social analysis of the project was carried out through the census and assets inventory and the socio-economic survey. In addition, Questionnaires for Public Consultations and Focus Group Discussions (FGDs) were also used during field survey. A picture of data collection work in field is shown in Figure 2.2. Figure 2.2: A view of household data collection by local surveyors 2.3.2 Census of the Potentially Project Affected Persons and Assets Inventory A detailed 100 percent census survey was carried out on the door-to door interview basis of families that are being directly affected within RoW by the YCHP. The exhaustive interview schedule was prepared and tested in the field. All structures and plots of land getting affected were measured wherein detailing their location, size, geometry, type of construction of the structures, name of the owner, address, legal entitlement documents (if any, towards claim of the property), tenure status. Information of the project affected communal property like religious structures, Third Draft of April. 18, 2014| Page 2-35 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen graveyard, household’s users of communal land, public property; institutions including details of fences, wells, trees, crops were also recorded. The census of project affected persons (PAPs), household and assets were carried out by using appropriate survey tools which focused on:  Household characteristics including past history of displacement, if any;  The type and magnitude of loss likely to be experienced;  Information on full resources base, including income / subsistence derived from common property;  Whether a particular type of loss is partial or total and replacement value of various types of assets and resources;  Likely disruption of economic, cultural and religious ties and networks of the community;  Public infrastructure and social services likely to be affected due to relocation of PAPs;  Gender impact, and impact on vulnerable groups;  Formal and informal socio-cultural institutions that can assist in design, implementation and facilitation of Resettlement and Rehabilitation efforts and programme; and  Attitudes of fear towards alternative Resettlement/Rehabilitation Options. 2.3.3 Socio-Economic Survey A baseline socio-economic survey on a random sample basis of 25% of affected households was carried out which involved the components mentioned below with a view to provide an objective and reliable data base for social impact assessment of the project for preparation of an Entitlement Framework to serve as a policy for compensation and assistance to people affected by the project for compensation of structure, land and other assets which may be acquired for the project:  Land usage and inventory of assets in the proposed project area, also covering legal boundaries and legal status of persons residing or deriving livelihood on the land that might be required for the proposed project;  Characteristics of potential project affected persons, households and communities including demographic characteristics, information on full resource base of the affected population, intra-household and gender distribution of resources, formal and informal associations, study of attitudes/fears and reservations associated with negative impacts of the project and Resettlement;  Assessment of various kind of losses likely to be experienced by the PAPs;  Valuation of affected assets & their compensation; and  Rehabilitation strategies, Resettlement options and assessment of alternative sites. Third Draft of April. 18, 2014| Page 2-36 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 2.3.4 Public Consultations and Focus Group Discussions In order to adopt a transparent and participatory approach towards the project community consultations were conducted at various locations with various stakeholders including women groups during the field surveys in order to incorporate the relevant views of the people in the project design. The community consultations help to achieve the following specific objectives:  Awareness amongst stakeholders;  Improvement in project design thus minimising conflicts and delays in implementation;  Facilitate development of appropriate and acceptable entitlement options;  Increase project sustainability; reduce problems of institutional co-ordination;  Make the resettlement and rehabilitation process transparent and reduce leakage; and  Increase re-settler commitment and effectiveness of sustainability of income restoration strategies and improve coping mechanisms. Focus group discussions were conducted to explore and assess the people’s perception towards the project, project benefits and beneficiaries, issues of resettlement and rehabilitation, problem of displacement, livelihood restoration and income generation, health impacts and selection of mitigation measures. Consultations and discussions were also held separately with women groups. These consultation meetings were organized to get wider public input from women project beneficiaries. Consultations with women were conducted with the objectives including: (i) identifying women specific issues in the project; (ii) securing participation of women in project activities; (iii) ascertain the views of the affected women groups with reference to land acquisition and project road alignment; (iv) understand views of the women on R&R issues and rehabilitation options; (v) obtain opinion of the women groups on issues related to the impacts on religious and community assets and relocation of the same; (vi) examine women’s opinion on problems and prospects of road related issues; and (vii) finally, to establish an understanding for identification of overall developmental goals and benefits of the project. 2.4 Secondary Data Collection The sources of secondary data and the data collected for the preparation of RAP are provided below in Table 2.1: Table 2.1: Source of Secondary Data Data Sources Statistical Year Book, 2003 Republic of Yemen Statistical Year Book, 2004 Republic of Yemen Statistical Year Book, 2005 Republic of Yemen Statistical Year Book, 2006 Republic of Yemen Statistical Year Book, 2007 Republic of Yemen Statistical Year Book, 2008 Republic of Yemen Third Draft of April. 18, 2014| Page 2-37 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Data Sources Statistical Year Book, 2009 Republic of Yemen Statistical Year Book, 2010 Republic of Yemen Statistical Year Book, 2011 Republic of Yemen Statistical Year Book, 2012 Republic of Yemen Constituion Republic of Yemen Civil Law Republic of Yemen Law, No.21 of 1995 concerning State Land and Republic of Yemen Real Estate OP 4.12, Involuntary Resettlement World Bank OP 4.10, Indigenous People World Bank OP 1.00, Poverty Reduction World Bank Yemen at a glance Unicef The Ministry of Agriculture and Irrigation Republic of Yemen Land Evaluation and Planning for Sand Stabilisation Using Wastewater in the Green Belt around Republic of Yemen Hodeidah city Watershed Management and Wastewater Re-use in Republic of Yemen Peri-Urban Areas of Yemen National Highway and Rural Access Master Plan MPWH, Sana’a Study (NHRAMP) Assistance to the Greenbelt Project Around Aden Republic of Yemen TCP/YEM/0156 Mission Report Final Revised Resettlement Policy Framework Ministry of Electricity, (RPF), Sana'a, Power Sector Support Project Republic of Yemen (PSSP), August 2005 Resettlement Policy Framework (RPF) for the Port Cities Development Program (PCDP), February, Republic of Yemen 2010 Resettlement Policy Framework (RPF) Al Mokha Republic of Yemen 60 MW Wind Farm Project (MWFP), 2011 2.5 Field Work and Data Collection The field data collection was undertaken with the help of local enumerators trained by the consultants and also the local social experts form Yemen. The emphasis was laid on quality of data so that the conclusions arrived at are authentic and reliable. 2.6 Compilation of Data The data collected from the field was compiled and processed on computers using MS-Excel version 2007. 2.7 Methodology for valuation of Assets The methodology adopted for valuation of assets/properties like agriculture land residential assets, commercial, residential-cum-commercial properties, religious and community assets is provided in the budget and financial management chapter. Third Draft of April. 18, 2014| Page 2-38 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 2.8 Analysis The processed data for the census and socio-economic survey has been summarized in tables, bringing out the impacts, social composition of PAPs and income & livelihood sources. The potential social issues are addressed and the budget for resettlement and rehabilitation has been prepared accordingly. 2.9 Reporting On the basis of the analysis made of the data obtained from the primary and secondary sources, inferences were drawn and accordingly the RAP has been prepared. Third Draft of April. 18, 2014| Page 2-39 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 3 ESTIMATE AND ANALYSIS OF LAND ACQUISITION AND RESETTLEMENT IMPACTS 3.1 Introduction This chapter reviews and analyzes land acquisition and other resettlement impacts that are likely tol be caused by YCHP. Since the exact alignment of the Corridor Highway is well known and defined, the likelihood of design changes during project execution is very low. The only exception is the planned redesign of one interchange near Noubat Dokaim to reduce the scope of needed demolitions. This also means that the surveys carried out were able to reliably estimate the scale of land acquisition and of other impacts. In the unlikely case of changes in the amounts of land and other assets to be affected, the compensation and other assistance as described in this RAP are to be provided even if the scale of impacts exceeds these estimates. This chapter also identifies critical areas, types of settlements and the magnitude of impacts on various categories of land (e.g., agricultural, pasture, residential, commercial, communal or public), community resources and public infrastructure, and religious/cultural properties (e.g., graveyards and mosques) that fall within the proposed highway corridor. Through careful project design and application of engineering techniques, efforts have been taken to minimize land acquisition, household relocation, and other resettlement impacts. The data provided in this chapter is derived from a census survey and asset inventory for the proposed highway corridor that was conducted in late 2013 within a right-of-way (ROW) of 50-70 meters width, as established by MPWH. The scope of land acquisition and resettlement impacts for the Corridor Highway is shown below. 3.2 Estimate of overall permanent land acquisition and resettlement impacts A detailed survey and assessment of overall permanent land acquisition and resettlement impacts has been carried out for the project. Three survey teams comprised of surveyors with appropriate social survey skills and local language capability were deployed in the field during December 2013. The teams consisted of 5-6 persons and each team was headed by a senior sociologist to provide guidance and resolve process questions that might arise during the survey. The census of project affected persons (PAPs) within the proposed RoW was carried out through use of a structured questionnaire, supplemented with open-ended discussion. The census survey covered 100% of the households affected and took records of 100% of the inventory of assets affected by the road RoW in the project area. The results of the inventory have been confirmed by each affected household. The key purposes of the census survey was to identify and enumerate affected people, create an inventory of affected land and other assets, and to establish key data for many other aspects of resettlement planning (e.g., budgeting, establishing modes of assistance, monitoring, and others). In addition, a socio-economic baseline survey of the PAPs, based on a 25 percent random sample of affected households, was also carried out. The objectives for conducting the socio-economic survey were to assess household livelihood sources Third Draft of April. 18, 2014| Page 3-40 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen and income levels, to obtain information from households regarding their relocation preferences, to identify households that may face particular vulnerabilities because of the project, and to provide information useful to preparing mitigation and support measures. The results of the household socio-economic survey are considered in greater detail in Chapter 4. According to census survey results, a total of 2,685 households are likely to be affected by land acquisition. Among them, 308 households are tenants. In total 31,695 persons will be affected. These households earn their livelihood primarily through agriculture (about 57% of affected households) which includes Qat cultivation. Another 10% of affected households earn their livelihood through wage labor and through various types of small commercial activities, including village shops. Others are students, government workers, etc. A total of 1,224.8 hectares of land is to be acquired permanently for the project. Of the three governorates involved in the project, land acquisition will be disproportionately heavy in Lahj Governorate (909.6 ha.), significant in Taiz Governorate (277.9 ha.), and relatively minor in Aden Governorate (37.3 ha). The impact of land acquisition on livelihoods is likely to be significant in many cases. Of the 2,159 individual plots involved in land acquisition, 1,318 are to be acquired in their entirety (100%) while the remaining 841 plots are to be acquired in part. Of a total of 1,329 agricultural plots affected, 721 will be acquired in their entirety. While this impact is significant, it is offset in part by the pattern of multiple landholdings that is prevalent in the project area. In addition to land acquisition, YCHP will require substantial demolition of structures and relocation of residents. In all, 170 households (or 2,789 people) will be required to relocate. Among the governorates, Taiz will require the greatest relocation (2,546 people), compared to 233 in Lahj and 10 people in Aden. A summary of permanent land acquisition and resettlement impacts is presented in Table 3.1. Table 3.1: Summary of land acquisition and resettlement impacts Magnitude of Social Impacts Area (hectare) Permanent affected agricultural land 161.0 Permanent affected residential land 11.03 Permanent affected commercial land 21.04 Permanent affected Utility land 223.83 Permanent affected pasture land 696.18 Permanent affected arid land 107.95 Permanent affected religious land 3.77 No. of affected residential owners 170 (nos.) No. of affected commercial (shops) owners 61 (nos.) No. of affected well owners 22 (nos.) No. of affected agriculture land owners 1,630 (nos.) Project affected households (PAHs), among 2,685 (nos.) Land owners 2,377 308 Tenants Project affected persons (PAPs) 31,695 (nos.) Agriculture, Qat plantation, Income sources small shops and agriculture labour *Source: Census survey, Decem ber 2013. Third Draft of April. 18, 2014| Page 3-41 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen The permanent land to be acquired includes all land needed for the right of way, servicing areas, rest stops, access roads, overpasses (bridges), underpasses and culverts. The project will involve temporary land use for construction camps and temporary storage of construction materials and equipment. The land survey did not cover the impacts of temporary land use because the location of construction camps etc. will be selected by the civil works contractors in consultation with local councils at the beginning of project implementation. In most cases, public land will be selected for the construction camps and storage of temporary construction materials. In case private land is needed, it will be obtained through mutual agreement between contractors and landowners. 3.3 Estimated land acquisition by category From the census survey carried out in December 2013, it is observed that 1,224.80 hectares of land will be required for the project, belonging to private owners (485.91 ha), communities (299.58 ha) and the state (439.32 ha of public land). The land acquisition by Governorate is summarized in Table 3.2. Table 3.2: Estimated Land Acquisition by Category and Governorate/District Total Public land Communal Private Governorate District expropriated (ha) land (ha) land (ha) land (ha) Aden Daar Sad 37.36 37.36 0.00 0.00 Lahj Almosaimer 291.69 55.45 137.22 99.02 Tuban 617.88 346.50 158.28 113.10 Sub-Total Lahj 909.57 401.96 295.50 212.12 Taiz Al Taiziah 50.04 0.00 0.86 49.18 Mawiyah 227.83 0.00 3.22 224.60 Sub-Total Taiz 277.87 0.00 4.08 273.78 Total 1224.80 439.32 299.58 485.90 *Source: Census survey, December 2013. The census survey also determined that a total of 2,159 land plots will be acquired. Majority of them are likely to be wholly affected (100% to be acquired) by permanent land acquisition for YCHP. The details of agricultural land taken and a breakdown by category of affected land plots, by type of land, ownership and governorate, is provided in Table 3.3. below. Concerning commercial land, about 80 percent of such land to be acquired of commercial structures to be demolished are located at one single location, namely near Noubat Dokaim where the original engineering design of 2004 foresees a very large multi-road interchange. At that time, land use at that location was different and most of the now existing commercial strucures were built after 2004. MPWH plans to move the location of the planned interchange by about 300 meters so that it will mostly be located on public land. This will avoid about 70% of the high cost of acquiring commercial land and demolishing commercial structures at that location (Noubat Dokaim). The total quantities in those lines are therefore estimated to be 44% of the original quantities. Third Draft of April. 18, 2014| Page 3-42 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 3.3: Breakdown of Affected Land Plots by Category Land Acquisition Governo Land rate Private No. of Communal No. of No. of Acquired Public Land Land Plots Land Plots Plots (ha) Residential 84 Residential 0 Residential 0 Agricultural 1005 Agricultural 0 Agricultural 0 Commercial 7 Commercial 0 Commercial 0 Taiz Pasture land 0 Pasture land 0 Pasture land 0 277.87 Arid land 12 Arid land 0 Arid land 0 Religious 3 Religious 10 Religious 0 Utility land 158 Utility land 8 Utility land 0 Total 1269 Total 18 Total 0 Residential 64 Residential 0 Residential 3 Agricultural 324 Agricultural 0 Agricultural 0 Commercial 55 Commercial 2 Commercial 6 909.57 Pasture land 81 Pasture land 71 Pasture land 33 Lahj Arid land 104 Arid land 8 Arid land 2 Religious 1 Religious 3 Religious 1 Utility land 13 Utility land 21 Utility land 38 Total 642 Total 105 Total 83 Residential 0 Residential 0 Residential 6 Agricultural 0 Agricultural 0 Agricultural 13 Aden 37.36 Commercial 0 Commercial 0 Commercial 1 Pasture land 0 Pasture land 0 Pasture land 0 Arid land 0 Arid land 0 Arid land 17 Religious 0 Religious 0 Religious 0 Utility land 0 Utility land 0 Utility land 5 Total 0 Total 0 Total 42 Grant 1224.80 - 1911 - 123 - 125 Total The current use of the land to be acquired, by Governorate, is shown in Table 3.4. Concerning the Utility land, out of the total area of 223.83 ha the largest share, estimated at 85% of the total, is existing public roads and tracks. The remaing 15% has a variety of other uses, such as checkpoints, private roads and tracks, guard houses, storage yards. Third Draft of April. 18, 2014| Page 3-43 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 3.4: Current use of land to be acquired Total expropriated Agricultural land Commercial Residential Arid Land Religious Pasture Utility land Governorate District Aden Daar Sad 37.36 2.47 0.00 4.45 0.00 12.41 0.00 18.04 Almosaimer 291.63 24.75 240.17 0.19 15.43 2.07 0.00 9.02 Lahj Tuban 617.94 15.33 456.01 4.22 5.39 78.35 0.38 58.27 Sub-Total 909.57 40.07 696.18 4.41 20.81 80.42 0.38 67.29 Lahj Al Taiziah 50.04 23.98 0.00 1.19 0.06 13.98 0.32 10.52 Taiz Mawiyah 227.83 94.48 0.00 0.98 0.17 1.14 3.07 127.98 Sub-Total 277.87 118.46 0.00 2.17 0.23 15.12 3.39 138.50 Taiz Total 1224.80 161.00 696.18 11.03 21.04 107.95 3.77 223.83 *Source: Census survey, December 2013. 3.4 Number of plots expropriated and people affected It has emerged from the census survey that as many as 2,159 land plots are likely to be affected in all three Governorates (i.e. Taiz, Lahj and Aden) due to land acquisition for the proposed project. The findings of the census survey, by Governorate, are summarized in Table 3.5. Table 3.5: Number of plots to be expropriated and No. of people affected Number of plots totally Number of landowner partially expropriated households affected Expropriated areas Number of people Number of tenant Number of plots expropriated Households No. of plot affected (ha) Governorate District Aden Daar Sad 42 8 34 37.40 0 44 5 Almosaimer 395 236 159 291.70 534 2699 51 Lahj Tuban 435 213 222 617.94 202 959 7 Sub-Total Lahj 830 449 381 909.64 736 3658 58 Al Taiziah 214 132 82 50.04 351 6272 0 Taiz Mawiyah 1073 729 344 226.80 1290 21721 245 Sub-Total Taiz 1287 861 426 276.83 1641 27993 245 Total 2159 1318 841 1224.88 2377 31695 308 *Source: Census survey, December 2013. Third Draft of April. 18, 2014| Page 3-44 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 3.5 Estimated overall residential structures to be demolished According to the results of the December 2013 census survey, a total of 170 residential structures are to be demolished, of which 127 residential structures are located in Taiz Governorate and 42 in Lahj Governorate. Only very minor residential demolition is to occur in Aden Governorate. Table 3.6 provides details regarding demolition of residential structures in YCHP. Table 3.6: Estimated demolition of residential structures by Governorate Residential area (Sqm) Number of Governorate District concrete brick Mud Stone households Aden Daar Sad 142.00 367.20 0.00 0.00 1 Sub-Total Aden 142.00 367.20 0.00 0.00 1 Almosaimer 0.00 377.67 0.00 64.20 22 Lahj Tuban 651.00 2378.02 19.00 101.00 20 Sub-Total Lahj 651.00 2755.69 19.00 165.20 42 Al Taiziah 0.00 1107.51 0.00 1359.53 61 Taiz Mawiyah 0.00 1561.00 0.00 2517.00 66 Sub-Total Taiz 0.00 2668.51 0.00 3876.53 127 Total 793.00 5791.40 19.00 4041.73 170 *Source: Census survey, December 2013. 3.6 Estimated commercial structures to be demolished There are 61 shops or other commercial structures that will be demolished due to the project. The great majority of impacts on businesses will occur in Lahj Governorate, where 43 commercial structures will be demolished. However, as indicated earlier, 80% of these are at one single location near Noubat Dokaim where a large interchange is to be constructed. MPWH plans to redesign the interchange so that about 70% of the demolitions of commercial structures may be avoided. 17 commercial structures will be demolished in Taiz Governorate, and one will be demolished in Aden. Table 3.7 provides details regarding demolition of commercial structures in YCHP without considering the planned avoidance of demolitions due to the redesign of the interchange at Noubat Dokaim. Table 3.7: Estimated commercial structures demolition Commercial area (Sqm) Number of Governorate District concrete brick mud stone owner Aden Daar Sad 0.00 50.00 0.00 0.00 1 Sub-Total Aden 0.00 50.00 0.00 0.00 1 Almosaimer 0.00 0.00 0.00 258.44 11 Lahj Tuban 7884.33 5055.07 956.00 32 Sub-Total Lahj 7884.33 5055.07 0.00 1214.44 43 Al Taiziah 0.00 0.00 0.00 61.00 1 Taiz Mawiyah 0.00 176.50 0.00 132.30 16 Sub-Total Taiz 0.00 176.50 0.00 193.30 17 Total 7884.33 5281.57 0.00 1407.74 61 *Source: Census survey, Decem ber 2013. Third Draft of April. 18, 2014| Page 3-45 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 3.7 Impact on Agricultural Land and Livelihoods Much of the area along the 140 km YCHP highway alignment is presently used for agricultural purposes. In all, YCHP will acquire 161 hectares of agriculture land, plus 696.18 hectares of pasture area. The majority of agriculture land acquisition will take place in Taiz Governorate (118.46 ha) followed by Lahj (40.07 ha). Only 2.47 ha of agricultural land will be acquired in Aden Governorate. All of the pasture land to be acquired is located in Lahj Governorate, according to census survey results. In particular, among 2,159 plots of land, there are 1,329 plots of private agricultural land, of which 721 plots (54%) will be wholly acquired (100%). As local people mainly rely on agriculture as their source of income and livelihoods, the impacts are significant. However, most agriculturalists have other lands also available for their use. The distribution of private land acquisition by plot in different governorates is presented in Table 3. 8. Table 3.8: Private Agricultural Land Plots Acquired Total private agricultural plots Number of plot to be wholly Governorate affected acquired (100%) Aden 0 0 Lahj 324 124 Taiz 1005 579 Total 1329 721 *Source: Census survey, D ecem ber 2013. A majority of impact on crops is on corn (82.21 ha) followed by clover 13.36 ha, wheat (6.33 ha), sorghum (4.44 ha) and henna (0.47 ha). A detailed breakdown of affected crops by governorate is provided in Table 3.9. However, in line with usual practice, MPWH will notify farmers to harvest any planted crops and will give them sufficient time to do so. Therefore, standing crops are therefore not likely to be affected in actual practice. Table 3.9: Types of crops on affected land, by governorate Total Type of crops Governorate District Agricultural Corn Wheat Clover Henna Sorghum Cotton land (ha) Aden Daar Sad 2.47 - - 0.42 - - - Sub-Total Aden 2.47 - - 0.42 - - - Lahj Almosaimer 24.75 11.30 6.33 0.73 - - - Tuban 15.33 0.35 11.96 - - 0.99 Sub-Total Lahj 40.07 11.65 6.33 12.69 0.00 0.00 0.99 Taiz Al Taiziah 23.98 16.58 - - - - 94.48 53.97 - 0.26 0.47 4.44 - Mawiyah Sub-Total Taiz 118.46 70.56 0.00 0.26 0.47 4.44 0.00 Total 161.00 82.21 6.33 13.36 0.47 4.44 0.99 *Source: Census survey, Decem ber 2013. Third Draft of April. 18, 2014| Page 3-46 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen The field survey has also revealed that as many 433,075 trees/plants are likely to be affected due to the construction of the proposed highway. These include as many as 412,050 qat plants, 794 bananas, 522 mangos, 187 papayas, 169 guavas, 50 lemon and other 18,879 trees of other types. A breakdown of number and type of affected trees is provided in the following Table 3.10. Concening the Qat plants, which are actually classified as trees, given their small size and other characteristics, the can usually be removed with their roots and replanted. Based on experience in Yemen, it can be assumed that the owners of about 70% of the Qat trees will prefer to relocate their trees, while in 30% of the cases the trees will be cut and destroyed. Table 3.10: Number and types of trees to be affected Number of trees Pomegranate Other Trees Governorate District Banana Apricot Orange Papaya Pepper Mango Lemon Guava Apple Palm Figs Qat Aden Daar Sad 0 0 0 0 0 - - - - - - - - - Sub-Total Aden 0 0 0 0 0 0 - - - - - - - - - Almosaimer - 22013 3 6795 145 87 10 450 - - 28 13 3 - Lahj Tuban - - - 956 17 - 175 220 - 2 30 37 - - Sub-Total Lahj 30984 0 22013 3 7751 162 87 185 670 0 2 58 50 3 0 Al Taiziah 0 3453 1 2471 2 16 - 2 2 - - - 21 280 Taiz Mawiyah 8 386584 10 8657 358 66 2 122 - - 5 - 7 24 Sub-Total Taiz 402091 8 390037 11 11128 360 82 2 124 2 0 5 0 28 304 Total 433075 8 412050 14 18879 522 169 187 794 2 2 63 50 31 304 *Source: Census survey, Decem ber 2013. 3.8 Estimated impact on other land attachment assets There are some other types of land attachment assets which are likely to be affected due to the proposed highway corridor project. It involves 22 water wells, 2 water pools, 38 fences, 16 guard rooms, 10 graves, 8 mosques and one barn. The details as are presented in Table 3.11. Third Draft of April. 18, 2014| Page 3-47 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 3.11: Impact on other land attachment assets Other land attachment assets Governorate District Water Guard Graves Well Fence Barn Mosques Pool Room Aden Daar Sad 0 1 - - - - - Sub-Total Aden 0 1 - - - - - Almosaimer 1 2 31 - - - - Lahj Tuban 2 3 - 1 1 - 2 Sub-Total Lahj 3 5 31 1 1 0 2 Al Taiziah 2 1 6 - 3 1 Taiz Mawiyah 5 15 1 1 - 13 5 Sub-Total Taiz 7 16 7 1 0 16 6 Total 10 22 38 2 1 16 8 *Source: Census survey, Decem ber 2013. Third Draft of April. 18, 2014| Page 3-48 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 4 ESTIMATE AND ANLYSIS OF PROJECT AFFECTED PERSONS AND BASELINE SURVEY RESULTS 4.1 Introduction and definition of project affected persons This chapter reviews and analyzes available information regarding the people who will be affected by the YCHP. The information is derived largely from the December 2013 census survey undertaken to identify and enumerate Project-Affected Persons (PAPs) and the land and other assets they will lose as a result of YCHP. Information also is derived from a separate socioeconomic survey undertaken on a 25% sample basis among affected households, to obtain supplementary information regarding their present livelihoods and living conditions. Further information was obtained through other direct consultations with PAPs. 4.2 Definition of Project-Affected Person YCHP adopts a definition of Project-Affected Persons consistent with that provided in World Bank OP 4.12, Involuntary Resettlement. Accordingly, Project-Affected Persons refers to all the people who, as a direct result of activities of the project, would have their (i) standard of living adversely affected ; or (ii) right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed temporarily or permanently; (iii) access to productive assets adversely affected, temporarily or permanently; or (iv) business, occupation, work or place of residence or habitat adversely affected. For YCHP, Project-Displaced Persons are those who will have to change their place of residence or place of business, as a direct result of project activities. 4.3 Significance of land acquisition for agriculture livelihoods and commercial enterprises The Census inventory survey was carried out through door-to-door survey which has revealed that a majority of households (1,630) are likely to be affected due to the acquisition of agricultural land which will affect their livelihoods. This is because the proposed highway corridor alignment traverses in part through open and rich fertile agriculture land. The affected farming land is used for production of qat, tomatos, hot pepper, onion, okra, gourd, banana, papaya, mango, guava, palm and fodder etc. at most of the locations. Apart from agriculture, 61 households are engaged in commercial activities for their livelihoods. A detailed breakdown of households affected by land acquisition per governorate is provided in Table 4.1. Table 4.1: Households affected through acquisition of agricultural and commercial land Number of Number of Agricultural Governorate Commecial Total Land Owners Land Owners Taiz 1290 17 1307 Lahj 340 43 383 Aden 0 1 1 Total 1630 61 1691 *Source: Census survey, Decem ber 2013. Third Draft of April. 18, 2014| Page 4-49 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen As indicated earlier, much of the commercial land affected is at one location near Noubat Dokaim where the planned redesign of the large interchange will very significantly reduce the number of affected households. Other commercial activities are typically grocery stores in the villages and they are very small in terms of their scale. There are only 1-2 persons working in each shop. The total number of affected persons working in commercial activities is 82. In addition, the project will affect 308 agricultural tenants’ households (landless peasants). They are relatively poor. The majority of them are considered as vulnerable, which will be discussed in later sections. 4.4 Persons affected by land acquisition It has emerged from the census survey that as many as 31,695 persons (of which 19,974 are male and 15,721 female) will potentially be impacted or will suffer socio- economic losses as a result of project activities due to land acquisition for the project. A detailed breakdown of male/female PAPs is summarised in the following Table 4.2. Table 4.2: Persons affected by land acquisition, by gender PAPs Affected by Land Acquisition Governorate Total Male PAPs Female PAPs Taiz 14108 13885 27993 Lahj 1844 1814 3658 Aden 22 22 44 Total 15974 15721 31695 *Source: Census survey, Decem ber 2013. 4.5 Persons affected by demolition of houses As many as 2,789 persons (of which 1,405 are male and 1,384 female) will be potentially impacted through residential assets losses as a result of the project. A detailed breakdown of male/female PAPs affected by demolition of houses is summarized in Table 4.3. Table 4.3: Persons affected by demolition of housing, by gender PAPs Affected by demolition of Governorate housing Total Male Female Taiz 1283 1263 2546 Lahj 117 116 233 Aden 5 5 10 Total 1405 1384 2789 *Source: Census survey, Decem ber 2013. 4.6 Persons affected by demolition of commercial structures As many as 463 persons (of which 231 are male and 232 female) will be potentially impacted/suffer losses due to demolition of commercial assets as a result of project implementation. Among them, 82 persons work in small village shops. A detailed breakdown of male/female PAPs affected by demolition of business structures is summarised in Table 4.4. The likely significant reduction of this number due to the redesign of the large interchange near Noubat Dokaim has been dicussed earlier. Third Draft of April. 18, 2014| Page 4-50 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 4.4: Persons affected by demolition of Businesses Structures, by gender PAPs Businesses affected by demolition of Governorate Structures Total Male Female Taiz 130 135 265 Lahj 95 93 188 Aden 6 4 10 Total 231 232 463 *Source: Census survey, Decem ber 2013. 4.7 Estimation and analysis of total affected persons As many as 31,728 persons are likely to be affected due to the construction of the proposed highway in terms of impact on their business, housing, farm land, infrastructure etc. The majority of PAPs is likely to be affected due to loss of land only (89.7%) followed by a combination of loss of land and housing (8.8%) and loss of land and business premises (1.5%). The findings of the census survey are summarized in the following Table 4.5. Table 4.5: Total Affected Persons, by type of loss PAPs Governorate Land loss Land/Housing Land/Business Total only loss premises loss Taiz 25182 2546 265 27993 Lahj 3237 233 188 3658 Aden 24 10 10 44 Total 28443 2789 463 31695 Percentage 89.7 8.8 1.5 100 *Source: Census survey, Decem ber 2013. 4.8 Definition and estimation of affected persons from vulnerable groups According to MPWH (design manual), the definition of “vulnerable households” is households that may have special needs and are affected by the project in a way that is different from most of the other households. They may belong to such segments of the population such as self-supporting women and elderly people. As per the WB definition, a vulnerable group is a population that has some specific characteristics that put it at higher risk of falling into poverty than others living in the areas affected by a project. Vulnerable groups include the elderly, the mentally and physically disabled, at-risk children and youth, ex-combatants, internally displaced people and returning refugees, HIV/AIDS affected individuals and households, religious and ethnic minorities and female-headed households. However, vulnerable people are not identified by individual people but by household. All of the 308 tenant households identified are landless farmers. Of those, 62 households are engaging in commercial qat cultivation. The other 246 households are engaging only in agricultural activities. They are the poorest group in the project area and are considered as vulnerable people. Third Draft of April. 18, 2014| Page 4-51 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 4.9 Baseline Survey Results A baseline survey socio-economic survey on a random basis of 25 percent of the surveyed households in the proposed highway corridor was carried out. This study included a list of questions for collecting baseline data on household structures, family members, poverty, gender dimensions, sex ratio, population, occupation and employment, literacy, health, education and access to basic services etc. This data helped to substantially to assess the positive as well as negative impact in the day-to- day life of the people and communities in the project area during project implementation. The following sub-sections describe socio-economic baseline survey results. 4.9.1 Household Size The socio-economic baseline survey has revealed that the average family size along the project area is 8.2 members. However, the average size of the affected households is 11.8 members because there are several very big households among the affected. For instance, one household has 300 members, two households have over 200 members, and about another 10 households have over 100 members. 4.9.2 Sex-Ratio along project area The analysis of the field survey reveals that 50.4% of the population are male and 49.6% are female. The male-female ratio is in favour of males, which seems to be a mirror image of the national figure. See Table 4.6 below. Table 4.6: Sex Ratio in project area Households Particulars Number Percentage Male 15974 50.4 Female 15721 49.6 Total 31695 100 *Source: Socio-Econom ic Survey, Dec 2013. 4.9.3 Household family type It has been enumerated from the households’ survey that a majority of families are Joint (93%) followed by Nuclear (5.7%) and Extended (1.3%). The details of family type are summarized in Table 4.7. Table 4.7: Household by family type Households Family Type Number Percentage Joint 437 93 Nuclear 27 5.7 Extended 6 1.3 Households 470 100 Interviewed *Source: Socio-Econom ic Survey, Dec 2013. Third Draft of April. 18, 2014| Page 4-52 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 4.9.4 Educational status of household members The literacy rate in project area is 91.7 % and thus higher in comparison with the country average. The households which have members who completed primary, secondary and university level constitute 54.7%, 9.8%, 3.6% respectively, whereas 20.8% households are only literate. The findings of household’s survey are presented in Table 4.8. Table 4.8: Educational status of household members Household members Education Number Percentage I. Technical Education 153 2.8 University Level 201 3.6 II. Secondary 543 9.8 III. Primary 3033 54.7 Just literate 1156 20.8 Illiterate 460 8.3 Total 5546 100 Households Interview 470 *Source: Socio-Econom ic Survey, Dec 2013. 4.9.5 Occupation of households members The baseline survey revealed that a majority of households’ members are engaged in agriculture (56.3%) followed by others (19.7% i.e. unemployed persons, aged family members, housewives and children), students (13.5%), labourer activities (2.7%), business (2.6%), government service (1.6%), private service (1.4%). The facts are summarized in Table 4.9. Table 4.9: Occupation of household members Household Source of income Percentage members Agriculture 3122 56.3 Agriculture-related (Dairy, poultry, sheep, goats, 67 1.2 camel and cattle) Household Industry 21 0.4 Business 144 2.6 Tourism 11 0.2 Government Service 89 1.6 Private Service 78 1.4 Mining Related work 22 0.4 Wage Laborer 150 2.7 Students 749 13.5 Others (includes unemployed persons, aged family 1093 19.7 members, housewives and children) Total 5546 100 Households Interviewed 470 *Source: Socio-Econom ic Survey, Dec 2013. Third Draft of April. 18, 2014| Page 4-53 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 4.9.6 Households Annual Income In accordance socio-economic survey, a majority of households (72.6%) have reported their annual income in the range of US$ (500-600) followed by 9.4% households in the range US$ (600-800). A detailed breakdown is provided in Table 4.10. Table 4.10: Households Annual Income Households Annual Income (US$) Number Percentage 0-500 38 8.1 500-600 341 72.6 600-800 44 9.4 800-1000 23 4.9 1000-1500 12 2.6 1500-2000 8 1.6 Above than 2000 4 0.8 Total 470 100 *Source: Socio-Econom ic Survey, Dec 2013. 4.9.7 Possession of Durable Assets The baseline socio-economic household survey also collected data on the possession of durable assets since this to some degree reflects the living standard of people. The results are deemed to be similar to other areas of Yemen and are summarized in Table 4.11. Table 4.11: Possession of durable assets Durable Assets Households Number Percentage Radio 7 1.5 Mobile Phone 423 87 Television 67 14.3 Oven 2 0.4 LPG Connection 86 18.3 Computer 3 0.6 Refrigerator 42 8.9 Washing Machine 6 1.3 Motor bike 18 3.8 Car 22 4.7 Households Interviewed 470 *Source: Socio-Econom ic Survey, Dec 2013. 4.9.8 Health Status The results of the baseline survey revealed that people along the project area are typically in reasonably good health and fitness. However, during the field survey some of them have reported to be affected, or have recently been affected, by diseases such as malaria, dengue fever, polio, hepatitis, mylasis and ameobiasis. All of them preferred to have treatment in allopathic hospitals rather than traditional and other types of treatment. The details of number of households affected by diseases and the percentage are presented in Table 4.12. Third Draft of April. 18, 2014| Page 4-54 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 4.12: Health Status along Project Area No. of Type of Illness Percentage Households Malaria 72 15.3 Dengue fever 28 6.0 Polio 3 0.6 Hepatitis 23 4.9 Mylasis 18 3.8 Ameobiasis 2 0.4 Households Interviewed 470 *Source: Socio-Econom ic Survey, Dec 2013. 4.9.9 Indebtedness None of the survey participants has reported their borrowings and indebtedness during socio-economic baseline survey. 4.9.10 Migration It was found that people in the project area are often migrating for employment to urban areas to enhance their socio-economic status and for better quality of life. 4.9.11 Access to Community Infrastructure The baseline survey has revealed that a significant proportion of households in the project area belong to lower income groups and are further disadvantaged by poor access to community infrastructure such as hospitals, schools, religious schools, drinking water, electricity, landline phones, supermarket, police station, banks, chemist and internet cafes. This is evident from the results presented in Table 4.13. Table 4.13: Community infrastructure along project area Good Fair Poor Community Infrastructure No. of No. of No. of % % % HHs HHs HHs Clinics/Health unit 8 1.7 6 1.3 456 97.0 School 6 1.3 12 2.6 452 96.2 Religious school 22 4.7 30 6.4 418 88.9 Drinking water 2 0.4 5 1.1 463 98.5 Electricity 2 0.4 3 0.6 465 98.9 Grocery Store 4 0.9 6 1.3 460 97.9 Police station 34 7.2 42 8.9 394 83.8 Cash exchange 13 2.8 29 6.2 428 91.1 Drug shops 6 1.3 2 0.4 462 98.3 Internet cafe 1 0.2 1 0.2 468 99.6 Households Interviewed 470 *Source: Socio-Econom ic Survey, Dec 2013. Third Draft of April. 18, 2014| Page 4-55 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 4.9.12 Women’s Participation The socio-economic status of women along the proposed highway corridor is reasonably low as evident from the socio-economic survey. Women’s highest participation is limited to their household work and they constituted 4.7% of the work force for agriculture. Likewise decision making power of women along the project area reveals that women are not free to participate in all activities. They do not have say in decisions related to financial matters, education of children, and health care, purchasing and other day-to-day activities. The findings of the women’s engagement in various economic, non-economic activities and decision making power are documented in the following Table 4.14. Table 4.14: Women’s Participation Households Activities Number Percentage Economic and non- economic activities Cultivation 22 4.7 Service 2 0.4 Trade and business 1 0.2 Household work 470 100 Relaxation and entertainment 14 3 Decision making Financial matters 6 1.3 Education of child 3 0.6 Health care of child 8 1.7 Purchase of assets 2 0.4 Day to day activities 0 0.0 On social functions 14 3.0 Households Interviewed 470 *Source: Socio-Econom ic Survey, Dec 2013. Third Draft of April. 18, 2014| Page 4-56 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 5 LAND ACQUISITION, RESTTLEMENT POLICY AND REGULATIONS 5.1 National Legal and Regulatory Framework for Land Acquisition The Constitution and laws of Yemen establish the basic legal and regulatory framework for land acquisition and resettlement under YCHP. Among other key elements, eminent domain provisions for declaring land areas necessary for state development purposes, provisions for payment of compensation for expropriated property, and definition of property rights regarding ownership or use of individually titled and communal property exist. Where the Yemen legal framework is not consistent with World Bank OP 4.12 requirements, or where existing laws or regulations are not usually implemented, special policy measures will be implemented in YCHP (see Section 5.5 below). The Yemeni Constitution generally protects citizens from unwarranted expropriation of their assets (Articles 7c and 20). The Public Utility Ownership Law (1/1995) (PUOL) gives governmental bodies (including regional governors) the right to acquire private property for projects in the public interest. By law, if suitable land that is already in the public domain is not available, legal provisions for expropriation and compensation apply. The law describes (i) situations in which expropriation is permissible, (ii) expropriation procedures, and (iii) the agency responsible for valuation of assets and compensation procedures. The PUOL describes three main forms of expropriation: (i) judicial expropriation, in which the state declares the need to acquire land in the public interest; (ii) amicable expropriation, in which a consent agreement is reached with compensation determined by a technical committee; and (iii) temporary appropriation, in which government agencies require temporary access to land for construction-related purposes. Land acquired for temporary purposes must be returned to the owner in its former condition or payment for any damages is required. A technical committee assesses damages. Formal supplementary regulations exist for expropriation in urban areas under Executive Regulations (260/1997) to the Urban Planning Law (20/1995). Compensation for land expropriated for urban infrastructure or facilities is required when the land area taken exceeds 25 percent of the property plot affected. When such conditions apply, the procedures and documentation required are relatively extensive. As a result, the law is not usually applied in practice. No specific regulations are in place regarding land acquisition in rural areas. Formal application of expropriation law is viewed as expensive and time-consuming. In current practice, project agencies seek to negotiate donation of land from affected landowners, or to arrange in-kind substitution of assets under the auspices of local authorities, typically the regional governor. The Customary Law of the Yemeni Tribes (Urf) is recognized by GoY and the judicial authorities as the legal source that defines the land rights of individuals and communal property rights. The customary ownership of rural estates can be formalized into titled ownership at the request of the rights holder. This is rarely done, however, because of the costs and complex bureaucratic procedures involved. In most rural areas, land rights, both of the individual and communal type, are generally based on de facto possession. Third Draft of April. 18, 2014| Page 5-57 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Structures and fixed assets built by individuals on private or communal land are, in principle, eligible for compensation. Structures and fixed assets built by individuals on public land, or land to which they have no legal claim, are not compensated when demolition is deemed necessary in the public interest. While religious trust land (waqf) is considered public property, assets built by private renters on waqf estates are eligible for compensation. The agency expropriating waqf land also is responsible for relocation or reconstruction of social or religious facilities such as community centers, mosques and graveyards. As noted above, in practice formal expropriation and payment of compensation are generally uncommon, especially in rural areas where customary practices remain strong. As compensation is uncommon, little information is available relating to valuation standards and procedures. A number of practical problems undermine effective land management in Yemen, making it more difficult to implement land acquisition arrangements in conformity with the law: a) Customary rules and formal laws often conflict, or there is no clear division of responsibilities or authority between customary leaders and GoY agencies b) There is no clear delineation between private lands and communal lands in many areas c) There is no complete cadastral system, and there is little confidence in the Land Registry d) The court system is ineffective, lacks clear and authoritative precedents on land issues, and is overburdened with land conflict cases 5.2 National Legal and Regulatory Provisions Relating to Resettlement Procedures The Yemeni legal and regulatory system generally provides little or no formal guidance on many procedures relating to resettlement planning and implementation. This includes guidance relating to: supplemental assistance for economic rehabilitation of significantly affected persons, assistance to affected members of vulnerable groups, consultation and participation of affected persons, disclosure of resettlement related information, grievance redress systems, and arrangements for external monitoring. The RAP provides YCHP-specific planning and implementation arrangements for consistency with OP 4.12 standards and procedures. 5.3 Key World Bank Policy Principles and Definitions In World Bank-assisted projects, borrowers are expected to take all necessary measures to mitigate adverse social impacts, including those associated with land acquisition. World Bank Operational Policy 4.12, Involuntary Resettlement, provides essential guidance on objectives and principles that are applicable in projects generating land acquisition and resettlement-related impacts. Every reasonable effort is to be made to avoid or minimize the need for land acquisition, and to minimize all resettlement-related adverse impacts. If land acquisition and associated adverse impacts cannot be avoided altogether, the principle Third Draft of April. 18, 2014| Page 5-58 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen objective of the RAP, and its implementation, is to ensure that all persons subjected to adverse impacts are compensated at replacement cost (as defined below) for expropriated land and any other lost assets, and otherwise provided with any other forms of assistance necessary to provide them with sufficient opportunity to improve, or at least restore, their incomes and living standards. To achieve this objective, OP 4.12 establishes key principles to be followed in resettlement planning and implementation. Of particular relevance for YCHP are the following: (a) Wherever possible, project design and the RAP should be conceived as development opportunities, so that affected persons may benefit from the services and facilities created for, or by, project activities; (b) All affected persons are entitled to compensation for lost assets, or to alternative but equivalent forms of assistance in lieu of compensation; lack of legal rights to the assets lost will not bar affected persons from entitlement to such compensation or alternative forms of assistance; (c) Compensation rates as established in the RAP refer to amounts to be paid in full to the individual or collective owner of the lost asset, without depreciation or deduction for any purpose; (d) When cultivated land is acquired, it often is preferable to arrange for land-for-land replacement. Where suitable alternative land is not available, or at the preference of the affected person, compensation in cash at full replacement cost is appropriate method; (e) Replacement house plots, sites for relocating businesses, or agricultural land should be of equivalent use value to the land that was acquired by the project; (f) Compensation for land and other assets should be paid prior to the time of impact, so that new houses can be constructed, fixed assets can be removed or replaced, and other necessary mitigation measures can be undertaken prior to actual displacement. Adequate transitional support should be provided to affected persons or businesses required to relocate because of the project; (g) Affected persons should be consulted during RAP preparation and project implementation; the RAP is publicly disclosed in a manner accessible to affected persons; (h) (i) The previous level of community services and facilities, and access to water or other physical resources, will be restored after resettlement; (j) The borrower is responsible for meeting costs associated with land acquisition and resettlement, including for payment of compensation at replacement cost. Financial resources will be made available when required; (k) The RAP will include adequate institutional arrangements to ensure effective and timely implementation of its provisions; Third Draft of April. 18, 2014| Page 5-59 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen (l) Adequate arrangements for internal and external monitoring of RAP implementation will be established; and (m) Methods by which affected persons can pursue project-related grievances will be established as necessary, and information regarding these grievance procedures will be provided to affected persons. In this RAP, “affected persons” refers to all the people who, on account of YC HP activities, would have their (1) standard of living adversely affected ; or (2) right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed temporarily or permanently; (3) access to productive assets adversely affected, temporarily or permanently; or (4) business, occupation, work or place of residence or habitat adversely affected. OP 4.12 (Para. 15) furthers distinguishes among three categories of eligibility criteria for affected persons: (a) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) Those who do not have formal legal rights to land but have a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; or (c) Those who have no recognizable legal right or claim to the land they are occupying. "Replacement cost" is defined as follows: For agricultural land, it is the pre-project or pre-displacement (whichever is higher) market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services, and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Where land acquisition is minor in scale and economic impact, compensation in kind or in cash often is sufficient as a means of impact mitigation. Where land acquisition is extensive, where land acquisition directly and significantly affects the affected persons’ means of livelihood, or where land acquisition requires the physical relocation of affected households, additional mitigation measures are necessary. For Third Draft of April. 18, 2014| Page 5-60 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen YCHP, persons deemed “significantly affected,” and hence eligible for additional forms of assistance, include: persons losing more than 10 percent of their productive land area, persons whose livelihoods are directly and significantly affected regardless of extent of land loss, and persons required to physically relocate homes or businesses because of the project. Based on common Yemen practice, YCHP is likely to present issues relating to land donation. In World Bank projects and in consistency with international best practice, it is important to provide project specific criteria for acceptance of local practices relating to land donation. For YCHP, any land donation cannot be considered to be entirely voluntary, because the highway alignment is pre-determined and affected persons cannot refuse to provide the land needed for the project. Under these circumstances persons affected by loss of land or other assets should be compensated in kind or in cash at replacement cost by the project authorities or alternatively may agree to customary procedures for resolving land use issues. These include potential cases under which affected persons may not want to take the offered compensation for reasons such as wanting to contribute to a project with broad public and community benefits. In the latter case, affected persons must be aware of their rights to receive full compensation, if they prefer, and alternative community arrangements that may be provided in lieu of compensation which must include provision of replacement assets or other means of assistance so that the livelihoods of affected persons are not significantly affected. 5.4 World Bank Procedural Requirements Regarding Land Acquisition and Resettlement To ensure that its key principles are put into practice in an effective manner, OP 4.12 requires borrowers to follow procedural steps in planning and implementation. The initial step is to determine which GoY entity bears primary organizational responsibility for all aspects of resettlement planning and implementation. MPWH bears primary responsibility in YCHP. Other key procedural steps required by the World Bank include the following: Census of affected persons and assets: Once the project is defined and construction alignments are determined, as is already the case in YCHP, resettlement planning should begin. In the key first step, the borrower carries out, or commissions, a census to identify and enumerate all persons to be affected, and to classify and inventory the land and all other fixed assets that will be affected, it is not undertaken on a sample basis. A socioeconomic survey, to obtain supplementary information regarding sources of livelihoods, tenurial arrangements, and information relating to gender or other social issues, may be undertaken on a representative sample basis. Eligibility criteria and project cut-off date: The borrower must establish project- specific eligibility criteria incorporating all persons deemed affected by the project and establishing eligibility for compensation or other assistance as a result of all project-related impacts. This information is described in the RAP text and is summarized in a separate Entitlements Matrix. To prevent opportunistic migration into the project area for the purposes of claiming compensation or other assistance, the borrower formally adopts a project cut-off date, and makes the cut-off date known within project-affected areas. Persons entering the project area, or initiating Third Draft of April. 18, 2014| Page 5-61 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen improvements to property, after the established cut-off date need not be considered eligible for compensation or other assistance. Valuation and compensation procedures: The borrower establishes technical standards and operating procedures for valuation of expropriated land and other assets. Valuation methods must be based on the replacement cost criterion. Cash compensation will be paid, the borrower establishes and discloses unit compensation rates, categorized by type or productivity of land, type of structure, and type of other fixed assets. The borrower discloses valuation results and compensation rates to affected persons. The borrower also devises transparent processes for delivery of compensation to affected persons, without deduction for any purpose, prior to their loss of land or other assets. Arrangements for economic rehabilitation of affected persons: For persons who are directly and significantly affected by the project, the borrower establishes means by which they may improve, or at least restore, their income or livelihood. The form and extent of livelihood assistance (supplemental to compensation for land or other assets) may vary, depending on the nature of the impact and the availability of feasible alternative and mitigation measures. It is also important for the borrower to consider how affected persons may obtain opportunities to benefit directly as a result of the project. This may include opportunities for temporary construction employment, to contract for services during construction, to provide vendor service following highway construction, or other opportunities that may arise. Arrangements for relocation of displaced households or businesses: In addition to compensation, the borrower provides transitional assistance sufficient to cover the costs of moving temporary living subsidies until alternative structures are available, and payment for (or waiving of) any fees (registration or titling, utility hook-ups, other) imposed as a result of relocation. Where replacement housing is provided by the project authorities in lieu of compensation, the borrower should ensure that housing meets minimum standards for sanitation and safety, ensures provision of adequate of community infrastructure and access to services, and takes measures, as necessary, to consult host communities receiving resettlers and to diminish risk of competitive tensions between hosts and resettlers after resettlement. Financial and organizational arrangements: A budget reflecting all costs for compensation, other assistance, administration, and contingencies is included in the RAP, which also clearly establishes financial responsibility and arrangements for fund flow. The RAP also includes a time-bound resettlement implementation schedule, keyed to the overall schedule for project implementation. The RAP defines roles and responsibilities for all organizations involved in resettlement implementation, and provide management arrangements for responding to unforeseen circumstances that may arise. Consultation and disclosure procedures: Providing information to, and consulting with, affected persons is essential to a process intended to enable them to adapt to changed living conditions following land acquisition or resettlement. OP 4.12 requires borrowers to consult with affected persons during the RAP preparation process, and, through monitoring or other means, throughout the resettlement implementation period. The RAP, in draft and final versions, is disclosed in a manner accessible to affected persons. Third Draft of April. 18, 2014| Page 5-62 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Resettlement monitoring arrangements: OP 4.12 generally requires borrowers to make arrangements for both internal and external resettlement monitoring. Internal monitoring is undertaken by, or for, the primary implementing agency to track land acquisition, payment of compensation, and other aspects of implementation that may have a direct impact on overall project progress. External monitoring is normally undertaken by an entity independent of the implementing agency, and focuses on all aspects of resettlement implementation as they relate to fulfilment of RAP requirements and achievement of RAP objectives. External monitoring identifies problems as they arise in implementation, and monitors affected persons’ views regarding implementation effectiveness. Periodic external monitoring reports are prepared and submitted to both GoY and the World Bank. Grievance procedures: The borrower is required by OP 4.12 to ensure that affected persons are aware of, and have access to, effective means to raise grievances associated with land acquisition and resettlement. Grievance procedures can consist of customary arrangements for dispute resolution, where such can be expected to manage the range of issues associated with land acquisition or resettlement, or formal grievance arrangements established solely for project purposes, or a combination of both. The borrower’s grievance procedures describe means by which grievances can be raised, organizational arrangements and performance standards for responding to grievances received means of appeal, and arrangements for recording grievances and system results. 5.5 Policy Provisions specific to YCHP As stated above, special policy provisions are necessary in YCHP to meet required standards and procedures of OP 4.12. In some cases, this reflects gaps between OP 4.12 policy standards or procedures and GoY laws and regulations. In some cases, this reflects identified implementation performance gaps, where GoY laws and regulations are not effectively observed or enforced. These special policy provisions follow. 5.5.1 Establishing an eligibility cut-off date Establishing and disseminating an eligibility cut-off date protects the interests of both GoY and the potentially affected people. The census survey process undertaken in November 2013 identified and enumerated the people who owned or otherwise occupied or used land required for the project, and identified structures and other fixed assets that would be lost as a result. For YCHP, the cut-off date for eligibility was established as November 30, 2013. Establishing the official project cut-off date at or near the end of the census survey, and clearly disseminating information regarding the cut-off date within the project corridor, provides the primary basis for determining who is eligible for compensation or other assistance. This protects GoY and the project from opportunistic migration into, or new construction in, the project area by persons seeking compensation or assistance. This also informs potentially affected persons that compensation or assistance is not necessary for land occupied, or assets constructed or improved, after the cut-off date. Because mistakes are sometimes made in the census survey, households with a legitimate claim to use or occupancy of land, or whose assets were missed or misrepresented, may establish eligibility for compensation or assistance. In such Third Draft of April. 18, 2014| Page 5-63 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen cases, district government (or waqf, as appropriate) can attest that the claim in question is legitimate, and that the occupancy or use was established prior to the cut- off date. Persons who believe that they have been unfairly denied eligibility for compensation or assistance may also avail themselves of the project grievance process. 5.5.2 Compensation for land at replacement cost Land owners, or persons with legalizable claims to land, who are affected by land acquisition in YCHP are eligible to receive compensation at replacement cost (as defined in Section 5.3). Valuation for land (and other assets) has been conducted by YCHP inventory committees established in each of the three governorates affected – Aden, Lahj and Taiz. Inventory committees consist of six members representing the Governorate and GoY, and each is headed by an appointee of MPWH. The valuation survey was conducted in the month of December 2013. Compensation rates for various categories of land are listed in Section 9.2 (Chapter 9). In all cases, compensation for land will be paid to the relevant affected persons without deductions for titling or other fees, or for any other purpose. Where the remainder of a land plot would not be accessible or economically viable following partial land acquisition, YCHP acquires the entire plot with payment of full compensation at replacement cost at the request of the relevant affected persons. As an alternative to compensation for land at replacement cost, significantly affected persons (e.g., those losing more than 10% of their productive land) may choose to receive replacement land of equivalent productive value (for agricultural or commercial usage), or equivalent locational advantages (for residential usage). Such replacement land is provided to affected persons with security of tenure comparable to land acquired, and without imposition of fees or other transaction costs. Additionally, those losing 100% of an affected agricultural land plot are eligible for an Economic Rehabilitation Grant. 5.5.3 Compensation for structures and other assets at replacement cost All persons affected by loss of crops, productive trees, housing, ancillary structures, fences, water facilities, or other fixed assets are eligible to receive compensation at replacement cost (as defined in Section 5.3). Compensation for structures and other fixed assets is paid without depreciation because of age or condition. Lack of legal title, permit or registration is not a barrier to compensation for structure and other assets in YCHP. Valuation for structures and other assets has been conducted by the YCHP inventory committees, as described in Section 5.5.2. The valuation survey was conducted in November 2013. Compensation rates for various categories of structures and other assets are listed in Section 9.2 (Chapter 9). Where the remainder of a house would not be safe or habitable following partial demolition, YCHP acquires the entire house with payment of full compensation at replacement cost at the request of the relevant affected persons. Where the remainder of other structures or fixed assets would not be functional following partial demolition, YCHP acquires the entire structure of fixed asset with payment of full compensation at replacement cost at the request of the relevant affected persons. Third Draft of April. 18, 2014| Page 5-64 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen As an alternative to compensation for housing at replacement cost, affected persons may be provided with direct replacement housing of an equivalent standard to prior housing, at a site with equivalent locational advantages. Such replacement housing is provided to affected persons with security of tenure comparable to their prior housing arrangements, and without imposition of fees or other transaction costs. 5.5.4 Transitional assistance for displaced households Any households affected by housing demolition caused by YCHP will be provided with transitional assistance, which will consist of a moving allowance sufficient to cover relocation expenses, a temporary living allowance sufficient to cover living costs for a reasonable period in which replacement housing can be purchased or constructed, and other assistance that may be needed to prepare a replacement site for construction or habitation. Specific terms of transitional assistance are listed in Section 6.4 of Chapter 6. 5.5.5 Transitional assistance for displaced businesses Any person or commercial entity affected by temporary suspension of business because of loss of land or structures caused by YCHP will be provided with transitional assistance, which will consist of a moving allowance sufficient to cover relocation of all equipment, fixtures and inventory; an allowance to cover temporary income or profit losses for a reasonable period in which business can be restored, and payment for any other transaction costs associated with restoring operations. Specific terms of transitional assistance are listed in Section 6.4 of Chapter 6. 5.5.6 Assistance to squatters or others lacking title or legal rights In YCHP, all affected persons are eligible for compensation at replacement cost for lost structures or other assets. Squatters or others lacking legal title to land, or who have no legalizable claims to land, are provided transitional assistance in lieu of land compensation. The transitional assistance may be financial (in the form of a supplemental adjustment allowance) and/or technical (e.g., assistance in locating alternative sites for residency or conducting business). In any such cases, the affected person is afforded the opportunity to restore residence, agricultural production, or business operations under terms comparable to those existing before displacement, and with reasonable security of tenure (e.g., a minimum lease term of one year). 5.5.7 Assistance to sharecroppers or laborers Sharecroppers or laborers whose livelihoods are disrupted as a result of YCHP land acquisition are eligible for temporary living support. This support is proportional to the extent and duration of livelihood disruption. Specific terms are listed in Section 7.2 of Chapter 7. 5.5.8 Assistance to affected members of vulnerable groups Persons with specific disadvantages often face additional burdens or barriers in adjusting to significant loss of land (e.g., more than 10 percent of their productive land holding), loss of livelihood, or physical relocation. YCHP defines the following as vulnerable persons: the blind, elderly living alone, persons with physical Third Draft of April. 18, 2014| Page 5-65 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen disabilities, persons with mental disabilities, female-headed households, widows and orphaned minors (less than 16 years of age). Vulnerable persons significantly affected by YCHP are eligible to receive additional assistance. The form and extent of assistance to be provided may vary depending on the form and extent of vulnerability in each locational context. YCHP highway alignment and design will ensure that physical access to natural resources is maintained. As warranted, underpasses will be provided to allow safe movement of people and livestock across the highway route. Any loss of, or disruption to, water access points will be mitigated in a manner that ensures continued and reliable access. 5.5.9 Restoration of public or community facilities and services Where YCHP construction requires demolition of public infrastructure, MPWH ensures timely replacement, at a standard higher than, or at least equal to, the infrastructure that was lost. Where road construction may impede access to public or community services, including religious facilities, MPWH undertakes timely measures to ensure that access is fully restored. To maximize the development impact of YCHP, opportunities to improve local infrastructure and access to services should be assessed and considered; there is little point in seeking to replace, to the same standard, infrastructure or facilities that are already substandard, obsolete, or over- utilized. Third Draft of April. 18, 2014| Page 5-66 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 6 COMPENSATION AND TRANSITIONAL ASSISTANCE 6.1 Introduction To facilitate restoration of livelihoods and living standards for all affected persons, YCHP provides compensation at replacement cost for all categories of land or other fixed assets that are lost for affected persons because of the project. Transitional allowances are provided for households and businesses that must relocate. And other forms of assistance are to be provided to those who do not own affected land or other assets, but whose livelihoods or living standards may nonetheless be adversely affected by the project. Based on the assessed impacts and the YCHP Entitlements Matrix (which is presented as Chapter 12 at the eand of this report for easy reference), affected persons in the project will be entitled to seven types of compensation and assistance (depending upon the actual impacts affecting them): (i) Compensation for loss of land, crops/trees; (ii) Compensation for structures (residential or commercial) and other immovable assets; (iii) Livelihoods assistance to those significantly affected by loss of productive land (as provided in Chapter 7, below); (iv) Assistance for loss of business/wage income, (v) Assistance for resettlement and relocation, (vi) Rebuilding and/or restoration of community resources/facilities, and (vii) Assistance to tenants, squatters, sharecroppers and others. A description of compensation and assistance measures for the different categories of project affected persons is provided in the following paragraphs. 6.2 Compensation All project affected persons shall be entitled to compensation at replacement cost for affected tangible assets (e.g., loss of land, residential or commercial assets, and business establishments, pumping wells, trees, crops and other immoveable assets). Compensation measures are as follows. 6.2.1 Compensation for land acquisition In YCHP, each of the three governorates along the highway alignment formed a Technical Committee to assess land values. Given the linear character of the project over a length of 140 km, local conditions along the planned alignment of the new highway vary considerably, along with the cost of land. Based on the assessments of the technical committees, aveage YCHP compensation rates were established, by land category. Average land compensation rates are shown in Table 6.1. Table 6.1: Average Compensation Rates for Categories of Land Agricultural Land Type Pasture Residential Commercial Arid Religious Utility Land Compensation $4/m2 $0.75/m2 $5/m2 $10/m2 $0.50/m2 $2.5/m2 $1.5/m2 Rate Third Draft of April. 18, 2014| Page 6-67 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 6.2.2 Compensation for Structures For YCHP, compensation at replacement cost for residential and commercial structures has been calculated in accordance with the prevailing market rates, without depreciation, subject to relevant quality standards as maintained by Government. Additionally, owners of structures that are to be demolished have the right to take away any salvage materials with no reduction in compensation. A breakdown of compensation rates for residential structures is provided in Table 6.2, and for commercial structures in Table 6.3. Table 6.2: Compensation for Residential Structures Type of Concrete Stone Brick Mud Structure Compensation $400/m2 $300/m2 $250/m2 $200/m2 Rate Table 6.3: Compensation for Commercial Structures Type of Structure Concrete Stone Brick 2 2 Compensation Rate $400/m $300/m $250/m2 6.2.3 Trees (Fruit/Non-fruit) Compensation for trees is based on their market value, as decided by the competent MPWH in consultation with relevant staff within the department of agriculture, forestry, horticulture, sericulture etc. as the case may be. A breakdown of compensation rates for trees is provided in Table 6.4. Table 6.4: Compensation Rates for Trees Tree Compensation Rate Qat $15/tree Qat (relocation) $ 3/tree Palm $350/tree Mango $400/tree Guava $300/tree Papaya $100/tree Banana $175/tree Apple $250/tree Apricot $250/tree Pomegranate $400/tree Pepper $5/tree Figs $25/tree Other trees> 20 years $200/tree Other trees > = 5 and <=20 years $100/tree Other trees < 5year $10/tree Lemon $250/tree Orange $250/tree Third Draft of April. 18, 2014| Page 6-68 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 6.2.4 Crops In line with usual practice, MPWH will notify farmers to harvest any planted crops and will give them sufficient time to do so. Compensation for standing crops will therefore not be necessary, but Table 6.5 nevertheless provides the compensation rate for the unlikely cases where it would need to be applied. Table 6.5: Compensation for Affected Crops Crop Compensation Rate Corn $0.4/m2 Wheat $0.5/ m2 Clover $0.25/ m2 Henna $0.25/ m2 Sorghum $0.4/ m2 Cotton $0.5/ m2 6.2.5 Other Fixed Assets or Improvements A range of other fixed assets or improvements also will be affected by YCHP. Compensation rates have been determined for various categories of fixed assets or improvements as shown in Table 6.6. Table 6.6: Compensation for Fixed Assets or Improvements Asset/Improvement Compensation Rate Pumping wells $10,000/well Manual wells $10,000/well Artesian wells $150/well wall $100/m fence $100/m grave $200/grave relocation 6.3 Transitional Assistance Transitional allowances are to be provided to households and businesses that are required to relocate because of the project. An estimated 170 households will be affected by demolition of residential structures. The transitional allowance will be provided to affected households for residential relocation. A total of 61 businesses will be affected by demolition of commercial structures. Because the costs of commercial relocation can vary greatly with the kind of equipment and materials requiring relocation, the transitional assistance to be provided for relocating businesses will be determined on a case-by-case basis. The number of affected people entitled for transitional allowance is shown in Table 6.7. Third Draft of April. 18, 2014| Page 6-69 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 6.7: Affected people entitled for transitional allowance Shop / Housing Affected Governorates Commercial Total Household Affected owners Taiz 127 17 144 Lahj 42 43 85 Aden 1 1 2 Total 170 61 231 *Source: Census survey, December 2013. 6.4 Assistance to Others Affected by the Project Other categories of people who do not own affected land or other assets may nonetheless be affected by YCHP. These categories can include tenants, wage earners, and squatters. YCHP includes the following arrangements to assist these kinds of affected persons: 6.4.1 Tenants The project will affect 308 tenants’ households. These households mainly engage in agricultural activities on rented or leased land. They will be compensated at replacement cost for any structures or fixed improvements they have erected on the land, in accordance with compensation rates established above. Tenants also are entitled to receive at least three months’ rent in accordance with the rental terms to which they have agreed, or in accordance with prevailing district rental rates, whichever is higher. (Landlords also should be instructed to return any deposits or advanced payments made by tenants.) 6.4.2 Wage earners Wage earners are those whose livelihood is significantly affected due to the displacement of the employer. There are 82 persons working in the 61 village shops but most of them are considered as family workers rather than wage earners. Efforts will be made to avoid interruption of the business of shops. However, in case of any wage earners temporarily or permanently losing income because of business dislocation, they will be eligible to receive payment for lost wages for a period of up to three months. 6.4.3 Squatters By definition, squatters do not own the land they use or occupy, but nonetheless their livelihoods may depend on continued access. In YCHP, any squatters will not receive compensation as such for land. They will, however, be compensated for loss of structures or other fixed assets at replacement cost. A lump sum shifting allowance also will be paid to assist squatters in making new living arrangements. They will have the right to salvage their materials from any demolished structure. If forced to relocate their residence, they will be entitled for transitional assistance in accordance with the Entitlements Matrix. During the census survey interviews, the survey teams made specific efforts to identify squatters. The interviews revealed that there are Third Draft of April. 18, 2014| Page 6-70 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen some cases where people occupy land not owned by them and without having a formalized arrangement for occupying the land. However, under local customs such people are considered (and treated as) tenants since their presence is in fact tolerated, even if they do not pay any rent. Therefore, the census gives the number of squatters as zero. 6.5 Compensation for Loss of Communal Property or Facilities YCHP provides for compensation to assist with relocation of communal or religious property or facilities including mosques. Such facilities shall be relocated in consultation with local people and the cost of relocation will be covered through cash payments and/or the construction of replacement structures. These consultations will be carried out by MPWH staff and the decisions taken during the consultations will be recorded in writing. Third Draft of April. 18, 2014| Page 6-71 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 7 LIVELIHOOD RESTORATION ARRANGEMENTS 7.1 Introduction Road infrastructure projects generally create adverse impacts on livelihoods of affected people as a consequence of land acquisition. The fundamental purpose of resettlement planning is to provide sufficient opportunity for project-affected persons to improve, or at least restore, their livelihoods. Because its impacts follow a linear highway alignment, YCHP will affect persons in varying ways and in varying degrees. Many affected persons will lose only a small proportion of their land holdings, and their ability to maintain their livelihoods may not be significantly affected. Cash compensation at replacement cost normally is sufficient in such cases. In other cases, acquisition of all, or a substantial proportion, of a person’s productive land area is likely to create more significant impacts. In such cases, compensation alone may not provide adequate means for affected persons to adapt to changing circumstances imposed by the project. This RAP distinguishes between major categories of affected persons, and provides additional assistance to those who are most significantly affected. These categories and corresponding assistance arrangements are described in the following sections. 7.2 Loss of agriculture livelihood and eligible families for income restoration In accordance census survey, as many as 2,159 plots of land will be required for the project, in which there are 1,329 plots of private agriculture land, of which 721 plots will be fully acquired (100%). Local people mainly rely on agriculture as their source of income and livelihoods. Based on census survey results there are 2377 landowner households and 308 sharecroppers/tenants whose livelihood will get affected due to YCHP. A breakdown of livelihood affected households is provided in Table 7.1. Table 7.1: Loss of agriculture livelihood and private agricultural Land plots to be acquired Number of plot No. of Number Total private Number of tenant/shar to be wholly Governorate of plots agricultural landowner ecropper acquired affected plots affected households households (100%) Aden 42 0 0 0 5 Lahj 830 324 124 736 58 Taiz 1287 1005 579 1641 245 Total 2159 1329 721 2377 308 *Source: Census survey, Decem ber 2013. 7.3 Loss of business and eligible families for livelihood restoration A total of 61 commercial households would be losing their livelihood as indicated in below table. A majority of impacts on businesses will occur in Lahj Governorate, where 43 commercial households will be affected. As indicated earlier, this number is expected Third Draft of April. 18, 2014| Page 7-72 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen to drop very significantly due to the planned redesign of the large interchange near Noubat Dokaim. Another 17 commercial households will be affected in Taiz Governorate, and one will be in Aden. The information is summarized in Table 7.2. Table 7.2: Loss of business and eligible families for livelihood restoration Governorate District Number of owner Aden Daar Sad 1 Almosaimer 11 Lahj Tuban 32 Al Taiziah 1 Taiz Mawiyah 16 Total 61 *Source: Census survey, Decem ber 2013. 7.4 Support for those significantly affected by Loss of Agricultural Land In YCHP, loss of more than 10 percent of a productive land plot (e.g., land used for agriculture, grazing, or other productive purposes) is considered significant, and the owner or user of such a plot is considered significantly affected. YCHP will provide persons significantly affected by loss of agricultural land a choice among three options: (a) Cash compensation at replacement cost (or market value), in accordance with the average compensation rates established in this RAP for the area of land acquired. (Where the remaining area of a plot would not be accessible or viable for production after partial acquisition, the affected person may ask YCHP to acquire it in its entirety); (b) Direct land-for-land replacement at the request of the significantly affected person, with YCHP providing a replacement plot of equivalent production value, with equivalent tenurial security. The plot to be provided should be acceptable to the affected person; or (c) A combination of cash compensation at replacement cost and land-for-land replacement, if requested by the significantly affected person, with a total value equivalent to the total valuation of the land to be acquired. Additionally, a livelihood rehabilitation grant fund of US$500,000 will be established to assist those households significantly affected. The grant will be managed by the PIU. All signigficantly affected households will be eligible to apply for a grant. The detailed procedures will be developed and disclosed prior to the actual start of the RAP implementation. Given the very significant differences of land values along the alignment of the planned highway, the amount of compensation will usually be have to be based on locally prevalent rates for replacement land of similar characteristics. The estimated average rates have been established in this RAP. Replacement value of land will be determined by the following two methods and the highest value of the two shall be considered: Third Draft of April. 18, 2014| Page 7-73 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen i. Taking into account such prescribed rates or the average of the actual transaction rates of similar lands for contemporary years for which sale/purchase are done/registered; ii. Known prevailing market value of land. In some cases it may so happen that after acquisition the remaining plot of the affected land owner may not be viable (more than 75% of the land holding of the affected people is acquired, or the remaining land holding is below average land holding of the Governorate/district). In such cases, the affected land owner will have the option of either keeping the remaining land or getting the replacement value of the entire land, including the remaining unviable piece of land that shall also be acquired by MPWH. If the affected land owner is from a vulnerable group, compensation for the entire land may be provided by means of land for land, if so wished by the affected land owner and if such land is available. In cases where the land is in the name of the head of the household, but actually possessed by some other member of the household, then an assistance amount ( transitional allowance) will be paid to the person who is actually losing the land. In such cases though, as per the property records, the compensation will be paid to the titleholder, but a village representative will do the facilitation for convincing the titleholder to transfer the compensation amount to the person who is actually losing the land. All fees, taxes and other charges, as applicable under the Yemeni laws, incurred in the relocation and resource establishment will be borne by MPWH. 7.5 Support for Tenants whose Livelihoods are disrupted In some land areas that are going to be affected by YCHP, local landowners may rely on agricultural tenants to manage various aspects of agricultural production in return for payment or a share of the agricultural output. These relationships are structured in various formal or customary ways. While land compensation can be expected to mitigate impacts on land owners, special arrangements are also necessary to ensure that tenants and laborers receive assistance sufficient to allow them to adapt to changes caused by the project. For agricultural land subject to tenant arrangements, the PIU will make payment for land compensation directly to land owners. The PIU will also provide cash assistance equivalent to three months of rent directly to the tenant. The three-month rental assistance may be based on the actual agreement between the owner and tenant, where that can be established, or, alternatively, on prevailing land rental rates within the district. Any wage laborers would be eligible for livelihood restoration assistance for loss of his earning which will be equal to 9 months wages calculated at the wage rate of USD 10/day for unskilled labour prevalent in the district, considering 26 days a month. Third Draft of April. 18, 2014| Page 7-74 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen For agricultural land subject to share cropping arrangements, the PIU will make payment for land compensation directly to land owners. The PIU will also provide compensation for loss of wages equivalent to 9 months calculated at the wage rate of USD 10/day for unskilled labour prevalent in the relevant district, considering 26 days a month, and also compensation of affected crops (or trees planted and maintained by the sharecropper) directly to the sharecropper. It is however noted that the surveys did not detect the presence of sharecropping arrangements in the project area. Payment of compensation in accordance with principles and procedures established in this RAP is required in all instances. As is always the case with compensation for assets, the PIU will make direct payment to the laborer for loss of wages and to owners for loss of crops or trees, as well as structures or other fixed assets lost as a result of the project. 7.6 Access to Project-generated Income-earning Opportunities YCHP is expected to generate both short-term and longer-term economic opportunities. The PIU, in collaboration with the governorates and districts involved, will make efforts give priority to affected persons’ participation in these opportunities. During the construction process, the PIU will encourage the project contractor to hire locally within each district or governorate, especially with regard to unskilled labour. This is usually in the contractors’ interest anyway. The PIU also will require, through contracting terms, fair and equitable payment and working conditions for all construction workers. The PIU also will encourage local participation in contracting for minor road maintenance services. The PIU, in collaboration with governorate or district officials, will also provide information and advice to affected persons who express an interest in roadside vending, petrol or vehicle services (at the service areas of the highway) or providing other services to travellers following completion of construction. Third Draft of April. 18, 2014| Page 7-75 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 8 ORGANIZATIONAL ARRANGEMENTS 8.1 Land acquisition and resettlement implementation timetable Effective implementation of land acquisition and resettlement arrangements requires timely performance of necessary activities, carefully sequenced against the project construction timetable. This is especially the case with regard to delivery of compensation to affected persons, which is necessary before the YCHP can obtain access to necessary land, demolish structures, and initiate civil works. Because of the linear nature of YCHP works, land acquisition and resettlement will be conducted in a staggered manner, so that compensation is paid and land is acquired only as it is needed for civil works. The estimated time frame for actual land acquisition and resettlement is June 2014 through June 2016, with delivery of compensation occurring prior to land acquisition. According to the overall project implementation schedule, the land acquisition and resettlement implementation schedule is shown in the Table 8.1 below. Table 8.1: Estimated Land Acquisition and Resettlement Timetable Actual or predicted Activities Responsible institutions time Census survey TC, PIU and local authorities October-December 2013 Socioeconomic survey RAP consultant December 2013 Consultation RAP consultant December 2013 Preparation of RAP RAP consultant with support October 2013-January from PIU, CC, HSC, TC and 2014 local authorities Payment of PIU, based on TC valuation April 2014-June 2016 compensation support Acquiring land PIU with assistance from June 2014-June 2016 HSC, CC and local authorities Relocating people PIU, local authorities June 2014-December 2016 Initiation of civil works MPWH July 2014-December 2016 Handling grievances Grievance Committees April 2014 - project closing Internal monitoring PIU June 2014-project closing External monitoring External monitoring June 2014-project closing consultant 8.2 Overview of Organizational Arrangements As authorized by GoY, MPWH bears primary official responsibility for ensuring that land acquisition and resettlement associated with YCHP is planned and implemented in a manner consistent with the laws and regulations of Yemen, and in a manner consistent with the principles and procedures of World Bank OP 4.12. The YCHP Project Implementation Unit (PIU) has been established within MPWH. One of the Third Draft of April. 18, 2014| Page 8-76 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen key responsibilities of the PIU is routine management of land acquisition and RAP implementation under the supervision the Minister of MPWH. Accordingly, the PIU is both the primary author and primary implementing agent for this RAP. The organizational arrangements for the RAP implementation are the following: Figure 8.1: Organizational Structure for Land Acquisition and Resettlement High Supervisory Committee (Policy Making and oversight) Minister of Public Works and Highways (MPWH) (PIU) Technical Committee Land Acquisition Agreement (LAA) Compensation Compensation Compensation Committee Committee Committee Taizz Lahej Aden Governor of Governor of Governor of Taizz Lahej Aden Local Councils at district level Village Representative (Communal Land) Project Affected Persons (PAPs) Third Draft of April. 18, 2014| Page 8-77 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen To ensure adequate management attention to RAP implementation, three functional entities have been created to manage various aspects and to ensure effective coordination among agencies and jurisdictions that will be involved. A High Supervisory Committee for Land Acquisition and Resettlement (HSC) in an inter- ministerial entity is at the apex of the hierarchy. The YCHP Project Implementation Unit (PIU) will manage day-to-day aspects of RAP implementation. A Technical Committee for Land Acquisition and Resettlement (TC) will support and assist the PIU in valuation of assets, determination of compensation rates, and other technical aspects associated with RAP implementation. RAP implementation also will be supported by relevant officials at the governorate and district levels. The roles and responsibilities of each of these entities are described in the following section. 8.3 Organizational Responsibilities 8.3.1 High Supervisory Committee (HSC) for Land Acquisition and Resettlement The primary function of the HSC is to provide overall policy guidance, oversight and coordination for all aspects of land acquisition and resettlement. The HSC is responsible for establishing effective means of multijurisdictional communication and coordination among the three governorates involved in YCHP. The HSC also will establish effective means for inter-ministerial communication and coordination to the extent necessary to ensure timely delivery of any services necessary for full implementation of all RAP assistance measures. Also, the HSC issues final approval for payment of compensation, based on the results of assessments conducted by governorate-level compensation committees. The HSC will meet on an ad-hoc basis to address issues brought to its attention by the PIU or through the project monitoring process, and to consider any grievances raised by affected persons that have not been resolved at lower levels of engagement. The HSC will be chaired by the Minister of MPWH, and also consists of the following members: a) Minister of Finance b) Minister of Planning c) Chairman of Authority of Land Survey and Urban Planning d) Minister of Interior Affairs e) Minister of Awqaf f) Governor of Taiz g) Governor of Lahj h) Governor of Aden The HSC will mainly have the following responsibilities: a) Overall policy guidance and oversight for all aspects of land acquisition and resettlement b) Approve budgets and final compensation lists prior to payment c) Resolve issues that may arise, including grievances raised by affected persons that have not been resolved through lower-level grievance redress committees Third Draft of April. 18, 2014| Page 8-78 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen d) Ensure coordination among agencies and jurisdictions as necessary to facilitate RAP implementation 8.3.2 Ministry of Public Works and Highways Overall project implementation will be executed under the supervision of MPWH. The minister of MPWH will play an important and direct role in RAP implementation. Specifically, the roles and responsibilities assigned to the minister include: a) Chairing the HSC, as described above b) Managing the relationship between the HSC and PIU c) Issuing decrees and approving PIU plans related to compensation d) Promoting effective coordination among agencies and jurisdictions involved in implementation e) Managing relations with donors and other external stakeholders 8.3.3 Project Implementation Unit Working under the supervision of MPWH and the HSC, the PIU is responsible for all day-to-day aspects of RAP implementation. The tasks relating to land acquisition and RAP implementation to be performed by the PIU include: a) Ensuring that adequate information is provided to affected communities regarding the project and RAP provisions, and ensuring that affected persons are consulted regarding project activities and RAP measures pertaining to them. b) With the support of the TC, determining the unit compensation rate for each category of lost land, structures and other fixed assets. c) Providing compensation at replacement cost for land, structures and other assets directly to affected persons. d) Maintaining effective means of coordination with governorates, districts and local councils as necessary for RAP implementation, and ensuring that resettlement- related actions taken by local jurisdictions are consistent with RAP requirements. e) Liaising between the TC and governorate-level compensation committees and provide necessary support to them as needed. f) Supervising and providing guidance to consultants and the TC in carrying out land survey and census survey. g) Arranging HSC meetings and recording results, and work as the HSC secretariat to implement HSC decrees and decisions. h) Participating in the grievance review process, contributing to resolution of complaints where possible and directing unresolved complaints to the HSC as necessary. Third Draft of April. 18, 2014| Page 8-79 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen i) Conducting internal project monitoring, preparing internal monitoring reports, and supporting the work of those responsible for external project monitoring. j) Keeping full records and documentation relating to expropriation of land and other assets, valuation and confirmation of local compensation amounts, payment of compensation and all other forms of cash assistance, and reviewing appropriateness of any donation of communal land. k) Monitoring all RAP-related expenditures against budget provisions, and identifying issues that may require allocation of contingency funding. l) Establishing a good financial management system within the PIU to be responsible for paying compensation to PAPs after approved by HSC, keeping records and good documentary system to allow both internal and external monitoring, and also ensuring that compensation is not paid for ineligible expenses. m) Preparing the final report regarding the whole land acquisition attached to each PAP file including all the original supporting documents to be delivered to the General Authority of Land Survey and Urban Planning as the final legal records of land ownership, and also keeping these documents for future reference. n) Facilitating World Bank supervision relating to RAP implementation. Within the PIU, one experienced senior staff based in Sana’a assigned as well as several staff located in MPWH’s regional offices is Aden, Lahj and Taiz , with responsibilities clearly defined, and with adequate resources allocated for full RAP implementation. 8.3.4 Technical Committee for Land Acquisition and Resettlement The primary function of the TC is to establish and manage effective means for valuation of land and other assets that will be affected by YCHP, to establish and administer RAP eligibility criteria for all categories of affected persons, to assess and certify compensation amounts due affected persons, to recommend HSC approval for timely payment of compensation in full to affected persons, and to assist the PIU as necessary to ensure full and effective delivery of all other forms of assistance to affected persons, as required in this RAP. The TC establishes valuation criteria and local asset prices and, in a manner consistent with the RAP replacement cost criterion, will establish unit compensation rates for all categories of affected land, structures, crops and trees, or other affected assets. During project implementation, the TC will assist the PIU for delivery of compensation to ensure effective and timely payment to affected persons. The TC also provides support, as warranted, for project monitoring activities relating to acquisition of assets and payment of compensation. As relevant, the TC also assists the PIU in addressing grievances from affected persons relating to acquisition of assets and payment of compensation. Third Draft of April. 18, 2014| Page 8-80 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen The TC meets on an ad-hoc basis and is funded and supported as necessary by the PIU. The TC is chaired by the general manager of the PIU. Other members are: the PIU project engineer, the financial manager representing the Ministry of Finance, a representative from the Ministry of Endowment, a representative of the State Lands and Real Estate Authority, and a judge nominated by MPWH. More specifically, the TC has the following responsibilities: a) Carry out land survey works based on Arial maps prepared previously by GIS Center showing all properties located within the highway corridor and an additional 5m from each side. b) Participate in field visits by technical working teams to identify each property, ownership, type of structures, crops or trees, or other assets c) locate on maps any type of properties not shown on maps d) Participate in the census survey identifying and enumerating all affected persons e) Establish the unit compensation rate, consistent with the replacement cost criterion, for categories of land, structures and all other categories of affected assets. The unit cost shall be determined by taking into account the nature of each property, prevailing local market rates, and any extenuating circumstances that add to the value of particular assets, in consultation with the PAPs or their representatives. f) Prepare complete detailed lists of PAPs and their properties indicating size and type of plots (e.g., agricultural land, pasture, unutilized land, communal land, residential land, commercial land), special features (e.g., access to water), size and type of structures, wells or other fixed assets. g) Prepare and record documentation that contains reference number, chainage, location, total area, percentage of area taken, social information, and other relevant data. h) Prepare all technical data like plans, photos, type of structures, wells, plants, lands of all types, primary building materials, and other aspects as relevant. 8.3.5 Governorate Compensation Committees A compensation committee will be established in each of the three governorates along the YCHP alignment: Aden, Lahj and Taiz. The primary function of these committees is to ensure the accuracy of land ownership documents, and to assist in the process of establishing unit compensation rates for all categories of affected land, structures and other fixed assets that are consistent with the replacement cost criterion. The Compensation Committee will be chaired by a governorate-level Supreme Court judge, and also consists of the following members: a) Representative from Ministry of Public Works and Highways b) Representative from Ministry of Awqaf c) Representative from Land Survey and Urban Planning Authority Third Draft of April. 18, 2014| Page 8-81 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen d) Governorate representative - Local Council e) Representative from Ministry of Finance The compensation committee will mainly play the following roles within its governorate: a) Review all ownership documents submitted by owners and verify that these documents are accurate and reflect actual ownership, use or occupancy for each affected site b) Verify that compensation amounts for each affected person are based on the unit compensation rates established by the TC and approved by the PIU. c) Prepare the final list of affected persons, to be verified and authorized through signed endorsement by the governor. Prepare and maintain a complete file for each affected person. d) Support and observe PIU procedures for delivery of compensation to affected persons, to ensure effective and timely payment to affected persons during project implementation e) Support efforts to resolve compensation disputes or other grievances raised by affected persons in accordance with project grievance procedures. 8.3.6 Other governorate functions and local authorities Formally, RAP implementation is a national-level responsibility, resting with MPWH and working through its centralized PIU. However, effective implement will require coordination with the three governorates (Taiz, Lahj and Aden) along the alignment, along with their subordinate district governments, and with local councils and village committees functioning at the village or settlement level. Governorate and district-level officials have participated in the census and survey process, facilitating the work of survey teams in the field. The governorates also will have a role to play in determining increases to compensation, above the unit compensation rates, to take account of local extenuating circumstances, variation in production output capacity, or other location-specific factors. The cooperation of governorates and districts also will be solicited on an ad-hoc basis for many other aspects of RAP implementation. This may include facilitation of external project monitoring, addressing grievances from affected persons, working with local councils and beneficiary committees to facilitate assistance to significantly affected persons or vulnerable persons, and facilitating local consultations and information disclosure. More specifically, the governor in three governorates will play the following roles: a) Appoint the compensation committee in each governorate b) Ratify and approve the final compensation lists of each governorate c) Seek to resolve disputes which could not be solved by the CCs d) Guidance to redress grievance committees Third Draft of April. 18, 2014| Page 8-82 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen At district level, the local council will have a more direct role in working with the PIU to ensure that local facilities and services that are damaged or disrupted because of the project are rehabilitated or restored. The local council also will play a leading role in formulating, and facilitating the work of village committees. Similar to governorate level officials, the local council may be involved in facilitation of external project monitoring, addressing grievances from affected persons, and facilitating local consultations and information disclosure. At the village or settlement level, the village level committees - existing formal, informal or customary organizations in local village or settlement - will play an important ad-hoc role in facilitating RAP implementation. It is likely that PIUs will work with these committees to ensure that any communal land donations are accepted only in a manner consistent with RAP requirements, and in devising strategies or opportunities to assist affected persons whose livelihoods are significantly affected, who may lack formal legal rights, who may be displaced from communal land or structures, or who are otherwise vulnerable to disadvantage because of the project. Where established, the primary function of the village representative committee will be to help the PIU provide other assistance to affected persons, and particular circumstances that exist at the local level. Among other potential aspects, village committees may be asked to assist in: a) Facilitating local communal land donation in a manner consistent with cultural practice, ensuring that, in each case, the donation is voluntary and does not result in impoverishment or hardship to any users or occupants of the land. b) Facilitating the search for, and project acquisition of, alternative lands for significantly affected persons where in-kind land replacement is possible and preferred. c) Facilitating engagement with persons using or occupying communal lands, and facilitating rehabilitation or restoration of communal facilities or services. d) Witnessing payment of compensation and cash-based assistance to affected persons, and affected persons’ receipt of it. e) Monitoring whether contractors repair, rehabilitate or replace any walls, irrigation or drainage channels, or other local infrastructure that may be damaged or destroyed in the construction process. f) Assisting affected persons in formulating and pursuing grievances. 8.4 Adaptive management arrangements Effective implementation of land acquisition and resettlement frequently requires adaptation to changes in project design, or a management response to unanticipated conditions that arise in the project area after the RAP is finalized. As stated above, the PIU will establish effective means for managing and resolving issues associated with land acquisition and resettlement as they arise. While the RAP is the instrument that is intended to guide resettlement implementation, the PIU also may determine that Third Draft of April. 18, 2014| Page 8-83 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen alternative actions or approaches are more appropriate if RAP provisions would be obsolete or ineffective because of changes in the project environment. This includes formulating new modes of assistance if unanticipated categories of impact are identified in implementation, altering the timing or sequencing of actions to adjust to shifts in the project implementation timetable, increasing compensation rates if compensation payment is delayed or where inflation is significant, and other responsive actions. Adaptive management decisions causing deviation from RAP arrangements are brought to the World Bank’s attention during project supervision. However, the scope for such adaptive management is limited. No changes will be made to eligibility criteria for resettlement assistance. Unit compensation rates will not be reduced, compensation amounts will not be less than that to be established through application of the unit compensation rates, and other entitlements or forms of assistance to affected persons will not be reduced in scope without the prior concurrence of the World Bank. 8.5 Grievance management system The project will include multi-level arrangements for registering and addressing grievances and complaints from project-affected people. The primary purpose of the project grievance management mechanism is to provide clear and accountable means for affected persons to raise complaints and seek remedies when they believe they have been harmed by the project. An effective and responsive grievance management system also facilitates project progress, by reducing the risks that unaddressed complaints eventually lead to construction delays, lengthy court procedures, or adverse public attention. 8.5.1 Informing project-affected persons about complaint processes In collaboration with the three governorate administrations involved in the project area, the PIU will take steps to inform project-affected persons about means available to them for lodging complaints. The information will pertain both to informal or customary processes for resolving local property conflicts as well as to the formal mechanism established for PIU purposes. The PIU will also ensure that detailed specific information (including locations and contact information for lodging complaints) is disseminated at the village or hamlet level, through distribution of posters, pamphlets, or other means. 8.5.2 Methods for lodging complaints The grievance management system relies both on informal or customary means for resolving local property issues as well as a formal mechanism established for project management purposes. Customary arrangements often resolve issues in a timely and effective manner because they are already known within the locality and because local people may be more inclined to accept results as legitimate. Similarly, many complaints relate not to land acquisition or resettlement arrangements, but instead to incidental damage to property caused by contractors. Under such circumstances, it may be more efficient and less costly for the affected person and the contractor to negotiate a solution directly, or for the affected person to seek satisfaction through Third Draft of April. 18, 2014| Page 8-84 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen customary means. Also, complaints relating to use or occupancy of waqf land may best be pursued, at least initially, through discussion with local tribe leaders or Sheikhs. Any affected person may lodge a complaint through the formal GRM process, regardless of whether informal or customary arrangements for addressing the issue have been pursued. The PIU will designate an official within each governorate as well as district as the contact person for receiving complaints. If the grievance cannot be resolved to the satisfaction of the affected person at the governorate level, the affected person may raise the complaint to the PIU grievance committee at central level. The project grievance management system is available to all affected persons, without charge. If a grievance remains unresolved following application of the Grievance Redress Mechanism, the affected person can initiate legal proceedings in accordance with governorate and national law (Yemen Constitution, Article 51) and may have recourse to the Appellate Court or Supreme Court, as warranted. The person or entity undertaking external monitoring will also assist in ensuring that affected persons are aware of means available to them for raising complaints, and will report on the effectiveness of the grievance management system. 8.5.3 Organizational arrangements for grievance review and appeal Organizational arrangements for grievance redress will be established at four levels as follows:  Grievances redress committee within PIU: it will consist of PIU director, social specialist and a third person acting as adjudicator.  Grievances redress committee at governorate level: A GRM committee will be established in each governorate. It will consist of governor, vice governor and a secretary.  Grievances redress committee at district level: A GRM committee will established in each district. It will consist of the district head and two elected local council members.  Villager representative committee: The committee will be the lowest level of organization receiving the complaints from the people within the village. Third Draft of April. 18, 2014| Page 8-85 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Grievance Redress Management System (GRMS) Main Grievance Redress – PIU (MGR) Grievance Redress Grievance Redress Grievance Redress Committee Aden Committee Lahj Committee Taiz Grievance Grievance Grievance Grievance Grievance Redress Redress Redress Redress Redress Committee Committee Committee Committee Committee Daar Sad Tuban Almosaimer Mawiyah Al Taiziah Village Representatives 8.5.4 Performance standards for responding to grievances The PAP can send their complaints directly to any of the committees described above. Upon initial receipt of oral or written complaints, the responsible contact person conducts an initial review of relevant circumstances and provides an initial response to the affected person within 15 days. If additional time is needed for discussions or negotiations, the governorate responds to the affected person with a recommendation for resolution within an additional 15 days (or 30 days from the time of complaint receipt). If resolution is not achieved or imminent at the level receiving the complaints within 30 days of receipt, or if the affected person is not satisfied with the recommended action reached, the complaint is elevated to the next higher level grievance committee. The committee should seek any additional information it deems relevant and respond to the affected person within 30 days after receipt of the complaint. Of course, the higher level grievance committee may take additional time to address a complaint in circumstances in which the affected person agrees that additional discussion or negotiation may be warranted. 8.5.5 Recording grievances and status of response The designated contact person within each of the committee bears primary responsibility for recording receipt of each complaint, whether received orally or in writing. At the end of each month, each committee reports to the PIU grievance committee on the number and subject of new complaints received, and the status of complaints, if any, that remain under resolution. The report also informs the grievance committee of complaints that could not be resolved at the local level and are being elevated to the PIU committee’s attention. The PIU grievance committee each month aggregates information received from the lower level committees into a status report, indicating the number and subject of complaints in the system (including active complaints at both the governorate and PIU committee level). The monthly status Third Draft of April. 18, 2014| Page 8-86 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen report also provides up-to-date information on the number and subject of complaints that have been resolved, and the manner in which they have been resolved. The monthly status reports are made available for external monitoring and to the World Bank for project supervision and project evaluation purposes. Third Draft of April. 18, 2014| Page 8-87 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 9 COSTING, BUDGETING AND FINANCIAL MANAGEMENT 9.1 Introduction Correct costing of the RAP and effective budgeting promotes effective and efficient resettlement implementation. Thic chapter presents the basis for both costing and budgeting, using the information collected during the field surveys. The chapter also establishes average unit rates for various types of compensation which are used as the basis for calculating the needed budget for RAP implementation However, the Government will attempt to maximize non-cash compensation settlements, such as land-for-land exchanges if suitable alternative land is available, or the physical rebuilding of demolished residencial or business structures (buildings) at the new locations. The actual payment of compensation money to affected individuals or groups is to be made only after the legal ownership rights have been established, proven and recorded by the compensation committees. The budget also includes a fund for livelihood restoration for especially vulnerable people. Since the implementation of the RAP will be carried out by MPWH and other state institutions using their already existing staff and administrative structures, the cost of RAP administration and monitoring will be covered by the regular budget of MPWH and those other institutions. The only additional cost which needs to be budgeted is for the independent monitoring of RAP implementation; this cost is shown in the summary table below. 9.2 Budget for Resettlement and Rehabilitation Tables 9.1 presents the calculation of estimated costs that will be associated with implementing land acquisition and resettlement activities for YCHP. Table 9.2 estimates the cost of providing transitional allowances and other support to eligible affected persons. Table 9.3 presents a summary of the two previous tables. It is to be noted that the civil works contracts for the highway construction already include many physical activities which are part of the compensation arrangements, such as (i) the construction of houses, commercial structures, guardhouses, mosques, etc. to replace demolished structures; (ii) the provision of underpasses, overpasses or culverts to assure continued acces by people to land and other assets located on the other side of the new highway; (iii) the continued passage of water across the new highway by the provision of water culverts of which about 500 units are included in the design; (iv) restoration or improvement to community infrastructures such as mosques, graveyards and community buildings; (v) the reestablishment of local road access at locations where existing local roads are affected by the new highway, etc.). Many of these measures are already included in the detailed engineering design and part of the highway construction cost. The civil works contracts also include separate and additional cost contingencies of US$ 5.0 million for the implementation of those measures which are not part of the engineering design, and which will be identified during RAP implementation. These items are therefore not again reflected in the RAP budget to avoid double counting. Third Draft of April. 18, 2014| Page 9-88 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen The following additional parameters and assumptions are used in Table 9.1: Line 2 – Private agricultural land: As explained earlier, the unit cost shown of US$ 4 per m2 is the average cost. Actual compensation payment per m2 may vary significantly depending on the quality and productive capacity of the land and local land market values. Line 3 – Pasture land: (a) Only private and communal land is eligible for compensation (82% of total). It is estimated that in about 50% of cases, land-for-land swaps can be made because similar public land is usually available nearby. This leaves an estimated 1,610,000 m2 for cash compensation. (c) The unit cost shown of US$ 0.75 per m2 is the average cost, but actual compensation payment per m2 may vary significantly depending on the quality of the land. Line 6 – Utility land: Out of the total area of 2,238,300 m2 the largest share, estimated at 85% of the total, is existing public roads and tracks which will need to be relocated onto other public land nearby, without need for compensation for the land value. The remaing 15% (335,745 m2) has a variety of other uses, such as checkpoints, private roads and tracks, guard houses, storage yards, etc. and is expected to be subject to compensation. Lines 4, 5, 6 and 7 – Private residential/commercial, utility and religious land: The unit costs shown are average costs. Actual compensation payment per m2 may vary significantly depending on local market conditions. Lines 5, 33, 34, 35 – Private commercial land and structures: About 80 percent of such land to be acquired and structures to be demolished are located at one single location, namely at Noubat Dokaim where the original engineering design of 2004 foresees a very large multi-road intersection. At that time, land use at that location was different and most of the now existing commercial strucures were built after 2004. MPWH plans to modify the design of the interchange so that it will mostly be located on public land. This will avoid about 70% of the high cost of acquiring commercial land and demolishing commercial structures at that location (Noubat Dokaim). The total quantities in those lines are therefore estimated to be 44% of the quantities identified in the survey. For land acquisition this means 92,576 m2 of the 210,400 m2 identified in the survey. Line 11 – Qat trees: Given their small size and other characteristics, these trees can usually be removed with their roots and replanted. It is assumed that for the 412,050 Qat trees, the owners of 70% will prefer to relocate their trees, while in 30% of the cases the trees will be cut and destroyed. Lines 28 to 31 – Residential structures: It is assumed that in 80% of all cases, affected houseowners will prefer to have replacement homes built by the civil works contractor. The cost for those is already included in the civil works contracts for the highway and does not need to be budgeted here. Only in 20% of the cases cash compensation is expected. Table 9.1: Estimated Costs for Compensation of Assets Amount Unit Cost Line Category and Sub-category Unit Quantity (US$) (US$) 1 Land Compensation 2 Private agricultural land (all m2 1,610,000 4 6,440,000 types and Qat) 3 Pasture land (private and m2 2,821,959 0.75 2,116,470 Third Draft of April. 18, 2014| Page 9-89 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Amount Unit Cost Line Category and Sub-category Unit Quantity (US$) (US$) communal, excl. public) 4 Private land – Residential m2 110,300 5 551,500 5 Private land – Commercial m2 92,576 10 925,760 6 Utility land m2 335,745 1.5 503,618 7 Religious m2 37,700 2.5 94,250 8 Arid land m2 1,079,500 0.50 539,750 Subtotal – Compensation for land 11,171,348 9 Productive Assets 10 Tree - fruit (Mango) No 522 400 208,800 11 Qat - cutting tree No 288,435 3 865,305 Qat – relocating tree No 123,615 15 1,854,225 12 Guava No 169 300 50,700 13 Tree – Palm No 14 350 4,900 14 Tree – Papaya No 187 100 18,700 15 Tree – Non-fruit / other No 18,879 50 943,950 16 Banana No 794 175 138,950 17 Apple No 2 250 500 18 Apricot No 2 250 500 19 Figs No 63 25 1,575 20 Lemon No 50 250 12,500 21 Pomegranate No 31 400 12,400 22 Pepper No 304 5 1,520 23 Orange No 8 250 2,000 Subtotal Trees 4,116,525 Other assets 24 Wells (cost of drilling new well) No 22 10000 220,000 25 Fences (average replacement cost) No 38 1000 38,000 26 Water pool (replacement cost) No 2 2000 4,000 Sub-total Other Assets 262,000 27 Residential Structures 28 Concrete m2 (793 x.2) 400 63,600 159 29 Bricks m2 (5791.4 x0.2) 250 289,500 1,158 30 Stone masonry m2 (4042x0.2) 300 242,400 808 2 31 Mud m 19 200 3,800 Subtotal Residential Structures 599,300 32 Commercial Structures 33 Concrete m2 7,884 x.44 400 1,387,600 3,469 34 Brick m2 5,282 x.44 250 581,000 2,324 35 Stone m2 1,408 x.44 300 186,000 620 Subtotal Comm. Structures 2,154,600 Total 18,303,773 Third Draft of April. 18, 2014| Page 9-90 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 9.2: Allowances and Support to Affected Persons Area Unit Amount Type of Support Recipients Affected Rate (Sqm) (US$) (US$) Moving allowance, residential 170 10645.13 5 53,225.3 Moving allowance, commercial 61 14573.64 10 145,736.4 Economic Rehabilitation Grant - - - 500,000 Relocation allowance of graves 10 - 200 2,000 Total 700,961.7 The overall estimated budget of Resettlement component is US$ 19,0 million as presented in the following Table 9.4. Table 9.3: Total estimated RAP Costs Amount Particulars Reference (US$) Estimated cost for compensation of assets Table 9.1 18,303,773 Allowances and support to affected persons Table 9.2 700,961 RAP TOTAL COSTS 19,004,734 9.3 Financial management and fund flow MPWH bears official financial liability for all aspects of land acquisition and all other resettlement arrangements. GoY has provided assurances that all budgetary requirements, including contingency arrangements, estimated in this chapter will be provided to MPWH on a timely basis. MPWH agrees that all actions relating to land acquisition and resettlement arrangements will be taken only when adequate funding is available for payment of compensation and to meet other expenses included in the RAP. MPWH also acknowledges that Tables 9.1, 9.2 and 9.3 only provide an estimate of resettlement-related expenses; MPWH remains liable to meet all necessary expenses even if allocated budgetary resources are exhausted. Day-to-day financial management responsibilities rest with the PIU, which establishes and implements financial control procedures for payment of compensation and other forms of assistance, for payment to all involved agencies for administrative expenses as may be agreed, for payment for external monitoring, or for other purposes. MPWH arranges for an annual audit of all resettlement-related expenditures. 9.4 Contingency arrangements Possible sources of contingent expenses may include: a) Price contingencies, associated with inflation or other shifts in prices of materials, replacement assets, or other inputs into the resettlement process. Compensation rates for land, structures and other assets established in this RAP are applicable for the first year of implementation, and are subject to annual review thereafter; Third Draft of April. 18, 2014| Page 9-91 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen b) Physical contingencies, usually associated with changes in project design or unanticipated obstacles in implementation that result in increased loss of land, structures or other assets, or increased loss of access to natural resources or community services; and c) Administrative contingencies, usually associated with higher costs for implementing and managing resettlement implementation at various administrative levels, including costs of administrative adjustment to unanticipated implementation challenges, or resolution of grievances. As MPWH bears financial liability for resettlement implementation, it exercises nominal control over contingency funding. For YCHP, the HLC acts on behalf of GoY for budgetary review and management, and for release of contingency funding. Third Draft of April. 18, 2014| Page 9-92 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 10 PUBLIC CONSULTATION AND INFORMATION DISCLOSURE 10.1 Public Consultations Process Extensive public consultations were carried out with various stakeholders at various locations throughout the length of the proposed highway corridor between Aden and Taiz. The consultations were undertaken with government officials, PAPs, sheikhs and community leaders in selected 13 villages and locations along the planned highway corridor which is almost entirely in Taiz and Lahj Governorates. Consultations with women were held separately at 10 villages. The locations, number of people that participated and the consultation methods are summarized in Table 10.1. The detailed list of participants is presented as an Annexure to the Environmental and Social Impact Assessment for the project (ESIA, separate document). Table 10.1: Summary of consultation sessions Location Number Date of Methods Governorate Village Persons Meeting and group 12/24/2013 Taiz Al-Moaiteep 29 discussion Consultation and 12/24/2013 Taiz Al-Umrur 6 interview 12/24/2013 Taiz Al-Kharaz 12 Group discussion 12/19/2013 Taiz Al-Zawazer 11 Group discussion Consultation and 12/19/2013 Taiz Shaiq Mahrs 5 interview Consultation and 12/20/2013 Taiz Al-Adeol Asrar 8 interview Al-Hajar/Al- 12/21/2013 Taiz 11 Group discussion Sarar Meeting and group 12/22/2013 Taiz Al-Esab 15 discussion Meeting and group 12/22/2013 Taiz Thanbeh 16 discussion Shah Al- 12/22/2013 Taiz 12 Group discussion Khabsh 12/22/2013 Taiz Thabh 13 Group discussion 12/25/2013 Lahj Al-Duraja 10 Group discussion Consultation and 12/28/2013 Lahj Al-Mansara 8 interview The purpose of public participation and consultation for this RAP study was to create awareness on the project and involve those persons in the study who are likely to be affected positively or negatively, and involve also other stakeholders by giving them opportunities to express their views and concerns about expected and perceived impacts and about the most suitable ways for mitigating negative effects and enhancing positive project effects. Third Draft of April. 18, 2014| Page 10-93 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen The consultations intended to create a sense of commitment towards implementing the ESMP for the project. With due consideration of gender, consultations were carried out through various methods including individual interviews, consultation meetings, and informal and formal group discussions. The process of consultation was conducted as follows: 1. Meetings and consultations were held with people on the RoW or in close proximity of the highway along the entire alignment. The meetings and consultations were designed in line with local land use conditions and covered both scarcely populated areas, such as dominant in Lahj Governorate, and densely populated areas, such as in Taiz Governorate. They also spanned the various economic and social activities seen along the alignment. Specific efforts were made to identify and include women in consultation sessions. Representatives from the news media also attended these sessions. The groups identified during the survey and consultation process included:  People affected by land acquisition (male and female)  People to be physically displaced (male and female)  Government officials at governorate and district levels  Community leaders  Business owners, operators and workers in installations along the alignment of the planned expressway, including owners and employees of informal and unlicensed entities (male and female)  Residents along the alignment of the highway (male and female)  Farmers with land close to the planned highway alignment 2. At the start of the meetings and interviews an introduction to the project was conveyed to the subject. The introduction covered the following:  Background and rationale of the project  Expected works to be executed, including duration  Expected areas to be affected by works and land acquisition  Procedures of land acquisition and compensation standards  WB procedures and requirements, highlighting safeguards  Rights of people adversely affected by the Project  Objective of the interview, namely to discuss the needs and concerns of the affected people and comply with WB guidelines in planning and project execution.  Discussion of mitigation measures and of compensation to be provided to affected people. Third Draft of April. 18, 2014| Page 10-94 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Figure 10.1: Social safeguards team discussing social issues with the Sheikh and PAPs representatives in Mawiah Figure 10.2: A view of people’s participation during census survey and public consultation along the proposed highway corridor Third Draft of April. 18, 2014| Page 10-95 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Figure 10.3: A view of the social team during meeting and discussion on land acquisition and resettlement issues with Lahj Governor Figure 10.4: Social team discussing resettlement and social issues with Taiz Governor Third Draft of April. 18, 2014| Page 10-96 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 10.2 Issues raised and responses provided Various topics were covered in the consultations with villagers, project affected people, community leaders and Sheikhs. The issues raised and the responses given are summarized in Table 10.2. Table 10.2: Issues raised and responses Issues raised Responses People were informed that within the broader corridor alignment, several alternatives were studied Land acquisition minimization taking into consideration technical, social and environmental impacts, including the objective of minimizing land acquisition. A resettlement action plan will be prepared in line Resettlement impacts with relevant Yemeni regulations and laws, and the mitigation measures World Bank Policy on Involuntary Resettlement OP 4.12. The exact location of underpasses will be discussed Underpasses at schools, with the design engineer. The final location will madrasa, religious schools and selected by taking into account people’s concerns hospitals and needs, as much as technically viable. The locations of road side amenities and public Wayside amenities and public services (rest areas and service areas for future facilities including toilets and highway users) have been incorporated in the drinking water project design. Adequate road safety measures have been incorporated in the project design. If needed, Road safety measures additional road safety measures can be added during construction, taking into account local people’s concerns. The design includes pedestrian pathways for crossing the highway at populated locations. Local Pedestrian pathways people’s suggestions can still be incorporated in the project if technically feasible. Shifting of religious places at Once the need arises for any religious places to be appropriate locations with relocated, the relocated sites will be selected based community consensus on consultations with local communities. Compensation will be paid to the eligible PAPs and Resettlement assistance assistance will be given for relocation and package livelihood rehabilitation as set to be forth in the resettlement action plan. Compensation should be Compensation rate of lost assets will be determined computed at current market based on the prevailing market value in the project price of land and structures area by the Compensation Committee. Third Draft of April. 18, 2014| Page 10-97 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Issues raised Responses Contractors typically hire most unskilled workers locally for construction activities and maintenance Income and employment work. Other different options will be provided to generation schemes should be PAPs for income restoration, such as land-for-land launched all along the project compensation, cash for land, and combination of influence area land and cash for land. These measures would help the PAPs to restore or enhance their income and livelihood. Special signage near schools, The signage near the prominent locations has been college and road turnings and incorporated in the road design. Additional signs crossings can be added as needed. PAPs’ suggestions would be incorporated in the Street lighting project design if technically feasible. PAPs’ suggestions would be incorporated in the project design if technically feasible. However, Traffic signal lights since this is a major highway without level intersections, traffic signal lights are not foreseen. During construction local Contractors typically give priority to local people people should be preferred for when hiring workers, both during construction and employment by the contractor operational phases. 10.3 Consultations with women groups As indicated above, consultations and discussions were also held separately with women groups. These consultation meetings were organized to get wider public input from women project beneficiaries. The number of women participants by location is presented in Table 10.3 and issues brought up by women and discussed are documented in Table 10.4. Third Draft of April. 18, 2014| Page 10-98 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Figure 10.5: A view of women participation during consultations with women groups along proposed highway corridor. Table 10.3: Summary of women consultation sessions Location Number of Date Methods Governorate Village participants 27/01/2013 Taiz Aljanad 12 Group discussion Consultation and 28/01/2013 Taiz Al-Hazm 7 interview 29/01/2013 Taiz Al-Zwaqr 9 Group discussion Consultation and 29/01/2013 Taiz Al- Muatiab 6 interview Consultation and 30/01/2013 Lahij Aqan 6 interview Consultation and 30/01/2013 Lahij Al-Srahinah 4 interview 01/02/2013 Lahij Gol -Mdrm 9 Group discussion Consultation and 01/02/2013 Lahij Dokim 4 interview 02/02/2013 Lahij Al-Anad 10 Group discussion Al-Shqa’a Consultation and 02/02/2013 Aden 4 (Bir-Nasir) interview Issues discussed with women during consultations and group discussions are summarised in below. Third Draft of April. 18, 2014| Page 10-99 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Table 10.4: Issues discussed by women groups and responses Issues raised Response Entitlement packages have been worked out based on Adequate compensation for the policy. Compensation will be made as per the loss of land and other assets entitlement of project affected persons. Support allowance and transitional assistance will be Assistance provided as per entitlement policy. Adequate culverts should be provided for smooth flow of Culverts have been provided in the project road design. water on both sides of the project road Taking into account women’s concerns and needs, it Speed barriers and breakers along will be discussed with design engineer as much as habitations areas technically viable. The exact location of underpasses will be discussed Underpasses/vehicular with the design engineer. The final location will be underpasses at schools, madrasa, selected by taking into account people’s concerns and religious schools and hospitals needs, as much as technically viable. Religious structures will be protected to the possible Shifting of religious places at extent and once the need arises for any religious place appropriate locations with to be relocated, the sites for relocation will be selected community consensus through consultations with local communities. The locations of road side amenities and public Wayside amenities and public services (rest areas and service areas for future facilities including bus stops, highway users) have been incorporated in the project toilets and drinking water design. Road safety particularly day to Adequate road safety measures have been incorporated activities (i.e. water collection in the project design. If needed, additional road safety and fetching, safety of school measures can be added during construction, taking into going children) account local people’s concerns. Warning signage near educational The signage near the prominent locations has been institutions including religious incorporated in the road design. Additional signs can schools, hospitals and road be added as needed. turnings/crossings Cutting of trees along the Compensatory afforestation will be made through proposed road should be MPWH. minimized Local people will be employed in the construction activities as much as possible. Preference will be given Lack of employment for local women in PIU and contractors office (i.e. opportunities for women computer operators, stenographers, reception desks etc.) The prevailing market wage rate is to be provided Wage without discriminating male and female for the same work and equal hours of work. Separate toilet facility for the women staff workers is Health and sanitation mandatory in the PIU and contractors office. Third Draft of April. 18, 2014| Page 10-100 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen Consultations were also carried out with government officials at different positions. The government officials consulted and the topics covered are summarized in Table 10.5. Table 10.5: Summary of consultations with Government officials Name Position Issues discussed Project Director, MPWH,  Information dissemination to Mr. Abdul Jabbar Salem Sana’a make people aware of the Sr. Highway Engineer very objective of the project. Mr. Khaled MPWH Sana’a  Resettlement, land Mr. Shoke Ahmed Hail Governor, Taiz acquisition and income Mr. Mohammed restoration. Governor, Lahj Abdullah Al-Majidi  Affected villages falling Dpty. Manager, MPWH, within the proposed highway Mr. Aemn Asmail Lahj corridor. Mr Fars Ali Ahmad Engineer, MPWH, Lahj  Service lanes, lay-bye, truck Mr. Nasl-Al-Jabri GM, Lahj Governorate parking including Mr. Fiasal Al-Thalabi GM (EPA) Lahj underpasses. Mr. Abdul Samad General Manager  Wayside amenities and Mohammed Yahiya (Planning) NWRA, Taiz maintenance infrastructure Dr. Mohammad Ahmed University of Taiz including petrol station, toilet Asst. General Manager, facilities and drinking water. Eng. Sulyman A. Ahmed Taiz Municipal  Social issues including loss Development, Taiz of livelihood and Engineer in Ministry of compensation for affected Eng. Khalid Ali Water and Environment, people. Alshoga’a Taiz  Relocation of the potential Mohammad Abdullah Assistant Manager Social project displaced families and Murshid Development Fund, Taiz households. Manger Social  Facilities for pedestrians and Marwan Al- Maktari Development Fund, Taiz non-motorized transport (e.g. Officer Social donkey and camel carts). Mrs. Ahsam Anwar Development Fund, Taiz  Highway safety measures. General Manager, MPWH  Information on socio- Mr. Faisal Mash-Al Taiz economic and demographic Survey Engineer, MPWH features of the project Mr. Waheed Al-Sarari Taiz influence area and potential Survey Engineer, MPWH PAPs. Engr. Nasir Al-Jabri Taiz  Ongoing developmental schemes and programs in project influence Road Supervisor, MPWH, Engr. Sabri Al-Saleh Governorate. Taiz  Minimization of adverse social impacts. 10.4 Consultation arrangements during implementation The Project Implementation Unit (PIU) at MPWH recognizes that facilitating the exchange of information and views between project entities and the affected persons Third Draft of April. 18, 2014| Page 10-101 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen and communities during the planning and implementation process will help to achieve desired outcomes. In the project area, direct interaction between the project staff and affected communities is especially important in areas where relatively low rates of literacy will limit the usefulness of dissemination of written and published information. The project implementation process provides three primary means for such interaction:  A field-based external monitoring process will occur twice in each year of implementation. The external monitoring process includes solicitation of information and views from affected persons (on a sample basis) and from local leaders regarding the effectiveness of the implementation of the Environmental and Social Management Plan. Affected persons may also bring implementation issues to the attention of project management through interaction with the external monitors;  Affected persons may bring implementation issues or problems to management attention through the grievance management system; and  The PIU, in collaboration with governorate and district officials, will also take steps to directly consult with affected persons and communities during the project implementation process. Prior to the initiation of the land acquisition process, the PIU will conduct meetings within each affected village or settlement. This meeting is to inform residents again about the project and its proposed timetable for implementation, expected local impacts, compensation arrangements and rates, eligibility of affected persons for other forms of assistance, and the grievance redress mechanism, and to respond to concerns or preferences expressed by local residents. Within the first two years of project implementation, the PIU will meet again with affected persons in each affected village or settlement. In this meeting, the PIU will solicit views regarding the status of project implementation (especially with regard to resettlement-related activities), and will respond to issues or concerns raised by residents. For each meeting, the PIU will maintain a written summary of proceedings and issues raised, and the necessary follow-up actions that may have become necessary as a result. 10.5 Information disclosure and local access to information The project PIU will take steps to ensure that affected persons and communities can obtain relevant information relating to the project in general and the land acquisition and resettlement arrangements in particular. As a first step, the safeguards documents and RAP will be available to the public, in English and Arabic, in each of the three governorates in which land acquisition or other impacts will occur. Additionally, summary contents of the RAP, including compensation rates for all categories of land and assets, eligibility criteria for all modes of assistance, and information regarding the project grievance procedures, will be posted in an accessible and prominent place in each affected town, village or settlement. Where literacy is low, public reading of the RAP summary will be arranged. During implementation, external monitoring reports will be prepared. External reports are also disclosed to the public, with copies available to the public in each of the three Governorates associated with the project. Third Draft of April. 18, 2014| Page 10-102 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 11 IMPLEMENTATION MONITORING AND EVALUATION OF RESULTS 11.1 Introduction Monitoring and evaluation are the primary means to assess the extent to which resettlement plans have been implemented, and the extent to which resettlement objectives have been achieved. Monitoring is based on periodic field reviews during the implementation phase, and is intended primarily to identify issues and problems in implementation in a timely manner. Identification of issues and problems at an early stage of implementation helps to promote improvements in practice before budget resources are expended, or before complaints arise, and otherwise provides feedback for project management to keep the program on schedule. The primary purpose of evaluation is to assess the effectiveness of implementation, to determine whether resettlement objectives have been achieved or whether alternative measures may be necessary to complete the resettlement process in a satisfactory manner. Arrangements are in place for both internal and external monitoring of all YCHP resettlement activities, and for evaluation of resettlement effectiveness, as described below. 11.2 Monitoring Plan The civil works for YCHP are planned to start in June, 2014. Monitoring of the RAP will be carried out during the whole process of land acquisition and the resettlement to ensure that the objectives are met and successful implementation of the RAP occurs. Monitoring plan and frequency of monitoring is indicated in Table 11.1. Table 11.1: Monitoring Plan Frequency of Item Activities monitoring Public consultation Consultation meeting with the PAPs Twice a week Database Updating census results When it’s need Display to the PAPs the results of the Disclosure of entitlement Twice a week census. Compensation and other Follow up compensation process Twice a week resettlement measures Follow up and monitoring of PAPs Follow up of PAPs Once a week livelihoods 11.3 Internal monitoring by project management The fundamental purpose of internal monitoring is to keep YCHP management informed about the status of land acquisition, payment of compensation, status of grievances and other potential issues that may affect construction progress or other implementation conditions. In YCHP, the PIU will bear field responsibility for periodic gathering of relevant data from the three governorates associated with the project, and for preparing biannual reports to the YCHP High-Level Committee on Land Acquisition and Resettlement. Third Draft of April. 18, 2014| Page 11-103 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 11.3.1 Scope and Contents Internal monitoring reports will include timely and accurate information, categorized by governorate, relating to: a) Current status of timely and effective progress in land acquisition, payment of compensation, and provision of other forms of agreed assistance to eligible persons; b) Whether compensation for land, structures or other assets has been paid prior to displacement, in conformity with RAP requirements; c) Whether replacement land of equivalent productive value has been provided, if requested by those significantly affected by land loss. d) Whether compensation rates provide a sufficient basis for replacement of lost assets; e) Whether displaced households have been able to obtain replacement housing of a suitable standard, and whether access to community infrastructure and services has been maintained or restored; f) Whether persons whose livelihoods are significantly affected have been provided with sufficient assistance (financial, technical or other) to improve, or at least restore, their incomes or livelihoods; g) Whether unanticipated adverse impacts relating to loss of access to resources, infrastructure or services have occurred; h) Whether vulnerable persons have been provided with sufficient assistance to mitigate any additional disadvantages they would face as a result of the project; i) Whether the interests of women are considered in provision of compensation, obtaining replacement housing, in maintaining or restoring access to resources and community services, and other aspects of resettlement that concerns them; j) Whether affected communities have been adequately consulted and whether information relating to land acquisition and resettlement arrangements has been disclosed to them in a timely and effective manner; k) Whether affected persons are aware of and utilize, the project grievance system, and whether that system responds effectively to grievances received; and l) Other issues of relevance or concern to YCHP management, project-affected communities, or to the World Bank project team. The YCHP High-Level Committee on Land Acquisition and Resettlement will receive and review internal monitoring reports, and directs the PIU to make adjustments to implementation arrangements as may be necessary to improve YCHP resettlement performance. The PIU also makes internal monitoring reports available as an input to external monitoring. 11.4 External resettlement monitoring The fundamental objective of external resettlement monitoring is to provide a timely and objective channel of information regarding resettlement performance to project management, affected communities and other stakeholders. In YCHP, the High Level Committee for Land Acquisition and Resettlement will appoint an external monitoring agent or agency who is independent of the PIU, shall provide sufficient budgetary resources for external monitoring purposes, and ensures full cooperation of the PIU and relevant governorates in facilitating the external monitoring process. Third Draft of April. 18, 2014| Page 11-104 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen World Bank approval of YCHP terms of reference for external monitoring is required prior to project loan effectiveness. 11.4.1 Scope and contents External monitoring periodically assesses the same issues relating to land acquisition and resettlement as are covered by the internal monitoring (listed in the sub-section above). As provided in the terms of reference, external monitoring employs monitoring indicators to report on quantitative aspects of implementation (e.g., amount of land acquired, number of households displaced, number of households obtaining replacement housing, etc.). However, external monitoring also requires direct communication with a representative sample of affected persons, to assess qualitative factors (e.g., unanticipated impacts, gender-related issues in resettlement, satisfaction of affected persons with assistance provided, etc.) that influence implementation effectiveness and overall resettlement outcomes. 11.4.2 Reporting arrangements The external monitoring agent or agency shall prepare an initial report on baseline field conditions within one month of the initiation of land acquisition, and subsequently prepares two external monitoring reports for each year of implementation until all aspects of resettlement plan implementation are complete. All reports will be submitted to the PIU, to the YCHP High Level Committee for Land Acquisition and Resettlement and to the World Bank project team. External monitoring reports are publicly disclosed, with copies available for public inspection in each of the governorates associated with the project. 11.5 Evaluation of Results While monitoring provides timely information on the basis of which YCHP can improve performance during the implementation process, the fundamental purpose of resettlement evaluation is to assess whether resettlement objectives have been achieved, or are likely to be achieved. Evaluation is undertaken in two separate exercises: a mid-term review of resettlement implementation, and an ex-post review of resettlement implementation, as described below. 11.5.1 Mid-term review of resettlement implementation At the beginning of the third year of project implementation, YCHP in collaboration with relevant governorates will conduct a mid-term review of resettlement implementation. The purpose of the mid-term review is to assess overall progress toward achievement of RAP objectives, in light of project timetables and budgetary considerations, while adequate time remains to adjust implementation arrangements. The scope of the mid-term review must be determined just prior to undertaking this exercise; the goal is to identify issues or impediments to effective implementation as relevant at the time. Issues that may be of particular relevance include: Third Draft of April. 18, 2014| Page 11-105 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen a) Access to land: Is land acquisition proceeding as planned? Are unanticipated or unidentified impacts or issues arising with regard to land use or access to resources? b) Compensation for land and other assets: Is the compensation process proceeding as planned? Is compensation paid in the correct amounts, to the correct persons, at the proper time? Is the allocated budget for compensation sufficient? c) Provision of other resettlement assistance: Are all forms of agreed assistance being provided as planned? Is provided assistance effective in helping affected persons adapt to changing circumstances? d) Resettlement organization and coordination: Are there particular governorates or areas where implementation issues are most relevant? Is the overall budget sufficient, and are contingency arrangements functioning effectively? e) Resolution of grievances: Is the project system functioning effectively as a means for affected persons to lodge complaints? Does the system respond to complaints raised in a timely and effective manner? What patterns of complaints have been received and resolved? What kinds of complaints are most difficult to resolve? f) Consultation and information disclosure: Have consultation and disclosure arrangements been timely and effective in ensuring that communities are aware of project aspects that may affect them? The PIU will prepare a mid-term review report for submission to the YCHP High Level Committee for Land Acquisition and Resettlement and to the World Bank project team. Based on report findings, the committee, in collaboration with the World Bank project team and PIU, will consider adjustments to implementation arrangements, or to the RAP itself, as necessary to improve overall implementation or to respond to unanticipated implementation challenges. Any adjustments that would alter eligibility criteria or compensation standards require the prior approval of the World Bank. 11.5.2 Ex-post review of resettlement implementation In the final year of project implementation, or the year in which all agreed actions in the RAP have been completed, YCHP will undertake an ex-post review of resettlement implementation. The purpose of the ex-post review is to determine whether all aspects of the RAP have been implemented effectively and whether RAP objectives have been achieved. Where necessary, the ex-post review also identifies, and provides arrangements for, supplementary measures to achieve satisfactory resettlement outcomes. The primary focus of the ex-post review is on affected persons. The scope of the review should include: a) Compensation: has all compensation been paid in the correct amounts to the correct persons? Third Draft of April. 18, 2014| Page 11-106 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen b) Assistance: have all agreed forms of assistance been provided in full to all eligible persons? c) Livelihoods: have the livelihoods or incomes of all significantly affected persons been improved, or at least restored, in comparison to pre-displacement levels? d) Relocation and living conditions: Have the households that were forced to relocate obtained satisfactory alternative housing, with generally comparable living conditions? e) Access: has access to water and other natural resources, and access to infrastructure and services, been maintained or restored for all affected communities? f) Grievances: what are the overall patterns and number of grievances received and have they all been resolved? The PIU prepares the ex-post review for submission to the YCHP High Level Committee for Land Acquisition and Resettlement and to the World Bank project team. The committee, in collaboration with the World Bank team, determines whether supplemental action is necessary to achieve satisfactory outcomes and, if so, provides means for designing and implementing supplemental activities. Resettlement is not deemed complete by the World Bank until satisfactory outcomes have been achieved. Third Draft of April. 18, 2014| Page 11-107 MINISTRY OF PUBLIC WORKS AND HIGHWAYS (MPWH) Resettlement Action Plan for Yemen International Corridor Highway Project section between Taiz and the city of Aden (140 km) Republic of Yemen 12 ENTITLEMENT MATRIX 12.1 Introduction The entitlements for the project YCHP are based on Yemeni laws (i.e. Constitution, Civil Law and Law no. 21 of 1995 on Land and Real Estate), World Bank OP 4.12 and discussion with MPWH Officials. Based on these, the resettlement principles for the project are guided by the following broad principles:  Land acquisition will be carried out under the provisions of Yemeni legislation, with additional provisions to comply with World Bank OP 4.12;  Consent award or mutual negotiations will be preferred for land acquisition;  Additional benefits to vulnerable or especially affected people will be provided as lump sum transitional assistance;  Affected people not having alternative source of livelihood or shelter, will be assisted under the project; and  Affected community properties will be enhanced / conserved by the project in consultation with the community. Compensation and other allowances / assistance will be extended to all eligible PAPs in accordance with the Yemeni legislation and World Bank OP 4.12 before taking possession of the acquired land and assets/properties. All activities related to resettlement planning, implementation and monitoring will ensure involvement of women and vulnerable groups. Special allowances and assistance will be provided to eligible PAPs as per the entitlements. All losses, including measures to restore loss of income, will be compensated within the overall budget as per the agreed framework. 12.2 Entitlement Matrix The entitlement matrix has been developed in accordance with the Republic of Yemen laws and regulations as well as with World Bank OP 4.12 and discussions with MPWH officials. The matrix provides various categories of entitlements benefits in terms of compensation and transitional subsistence allowance to entitled PAPs as presented Table 12.1. Third Draft of April. 18, 2014| Page 12-108 M I N I S T R Y O F P U B L I C W O R K S A N D H I G H W A Y S ( M P W H ) Resett lement Act ion Plan for Yemen Int ern at ional Corri d or H i ghway Proj ect sect ion b et ween Taiz an d th e cit y of Ad en (1 40 km) Republic of Yemen Table 12.1: Entitlement Matrix Category Subcategory of Compensation or Mitigation Compensation Rates or Standards Eligible Persons of Impact Impact Principle for Assistance 2 Loss of Private agricultural Registered or Compensation at replacement cost USD 4/m (average) agricultural land land acknowledged land owner Significantly affected Compensation at replacement cost, USD 4/m2 (average) (e.g., >10 percent land or direct land replacement at loss) request of those significantly affected, or combination of cash and land replacement Private pasture Registered or Compensation at replacement cost USD 0.75/m2 (average) acknowledged land owner Significantly affected Compensation at replacement cost, USD 0.75/m2 (average) (e.g., >10 percent pasture or direct land replacement at land loss) request of those significantly affected, or combination of cash and land replacement Tenant on private Acknowledged land user No land compensation; transitional Three months’ rent if terms have land assistance for disruption of been agreed, otherwise equivalent of livelihood three months rent at prevailing district rate. Tenant on Acknowledged user of Other arrangements for communal Three months’ rent if terms have communal land communal land for land provided, or transitional been agreed, otherwise equivalent of agriculture or pasture assistance for disruption of three months rent at prevailing livelihood district rate. Third Draft of April. 18, 2014| Page12- 109 M I N I S T R Y O F P U B L I C W O R K S A N D H I G H W A Y S ( M P W H ) Resett lement Act ion Plan for Yemen Int ern at ional Corri d or H i ghway Proj ect sect ion b et ween Taiz an d th e cit y of Ad en (1 40 km) Republic of Yemen Category Subcategory of Compensation or Mitigation Compensation Rates or Standards Eligible Persons of Impact Impact Principle for Assistance Loss of Unharvested crops Cultivator (including Compensation for loss of standing Corn: USD 0.4/m2 production laborer/sharecroppers, crop Wheat: USD 0.5/m2 and encroachers on Clover: USD 0.25/m2 public land) Henna: USD 0.25/m2 Sorghum: USD 0.4/m2 Cotton: USD 0.5/m2 Fruit/nut trees Cultivator (including Compensation for estimated Qat: USD 15/tree laborer/sharecroppers, future production Qar: USD 3/tree (relocation) and encroachers on Palm: USD 350/tree public land) Mango: USD 400/tree Guava: USD 300/tree Papaya: USD 100/tree Banana:USD 175/tree Orange: USD 250/tree Lemon: USD 250/tree Apple: USD 250/tree Apricot: USD 250/tree Pomegranate: USD 400/tree Pepper : USD 5/tree Figs: USD 25/tree Other trees >20 years:USD 200/tree Other trees >=5 <=20years:USD 100/tree Other trees <5 years:USD 10/tree Loss of structure Permanent Owner Compensation at replacement cost Concrete: USD 400/m2 residence Stone: USD 300/m2 Brick: USD 250/m2 Mud: USD 200/m2. Third Draft of April. 18, 2014| Page12- 110 M I N I S T R Y O F P U B L I C W O R K S A N D H I G H W A Y S ( M P W H ) Resett lement Act ion Plan for Yemen Int ern at ional Corri d or H i ghway Proj ect sect ion b et ween Taiz an d th e cit y of Ad en (1 40 km) Republic of Yemen Category Subcategory of Compensation or Mitigation Compensation Rates or Standards Eligible Persons of Impact Impact Principle for Assistance Well Owner Compensation at replacement cost Pumping wells USD 10,000/well including Drilling, structure and pump relocation. Manual wells USD 10,000/well including drilling and structure. Artesian wells USD 150/well including casing etc. Wall or fence Owner Compensation at replacement cost USD100/m Other Owner Compensation at replacement cost To be determined on case-by-case basis. Community facilities Community or settlement Community resources including Determined on case-by-case basis or infrastructure mosques shall be relocated in (including mosques) consultation with local people and the cost of relocation will be covered through cash payments and/or construction of replacement structures. These consultations will be carried out by MPWH staff and the decisions taken during the consultations will be recorded in writing. Loss of access to Water User Restoration of access or provision Determined on case-by-case basis resources of equivalent alternative Grazing area User Restoration of access or provision Determined on case-by-case basis of equivalent alternative Fuel or fodder User Restoration of access or provision Determined on case-by-case basis of equivalent alternative Third Draft of April. 18, 2014| Page12- 111 M I N I S T R Y O F P U B L I C W O R K S A N D H I G H W A Y S ( M P W H ) Resett lement Act ion Plan for Yemen Int ern at ional Corri d or H i ghway Proj ect sect ion b et ween Taiz an d th e cit y of Ad en (1 40 km) Republic of Yemen Category Subcategory of Compensation or Mitigation Compensation Rates or Standards Eligible Persons of Impact Impact Principle for Assistance Residential Permanent structure Owner Transitional allowance for moving Payment equivalent to Yemeni Rial relocation of household and belongings 1,000 per square meter of space in assistance usage. Tenant Transitional allowance for moving Equivalent of three months’ rent of household and belongings Household with member Supplemental transitional 20,000 Yemeni Rial (approximately of vulnerable group allowance USD 100). Portable structure Owner Transitional allowance for moving Payment equivalent to Yemeni Rial of household and belongings 2,000 per square meter of space in usage. Business Permanent structure Owner Transitional allowance for moving To be determined on case-by-case of equipment, fixtures and basis. relocation inventory assistance Income disruption support Support determined on a case-by- case basis, to continue until business operation can be restored Tenant Transitional allowance for moving Payment equivalent to Yemeni Rial of equipment, fixtures and 2,000 per square meter of space in inventory usage Income disruption support Support determined on a case-by- case basis, to continue until business operation can be restored Portable structure Owner Transitional allowance for moving Payment equivalent to Yemeni Rial of equipment, fixtures and 2,000 per square meter of space in inventory usage Graveyard Owner Owner Compensation at replacement cost, Relocation:USD 200/Grave or full restoration Third Draft of April. 18, 2014| Page12- 112