RP1659 Republic of Lebanon Council for Development and Reconstruction GREATER BEIRUT WATER SUPPLY AUGMENTATION PROJECT Environmental AND Social impact Assessment RESETTLEMENT ACTION PLAN May 2014 Table of Contents Page ABBREVIATIONS AND ACRONYMS ..................................................................... ix EXECUTIVE SUMMARY ........................................................................................ x INTRODUCTION ................................................................................................. x PROJECT DESCRIPTION ...................................................................................... x SOCIAL BASELINE CONDITIONS ......................................................................... xi PROJECT IMPACTS ........................................................................................... xiii EXISTING LEGAL AND POLICY FRAMEWORK ........................................................ xvi COMPENSATION ENTITLEMENTS ....................................................................... xvii IMPLEMENTATION STRUCTURE ......................................................................... xxii IMPLEMENTATION PROGRAMME ....................................................................... xxiv RESETTLEMENT COST AND BUDGET ................................................................. xxiv 1 INTRODUCTION ........................................................................................... 1 1.1 Basis for Land Acquisition and Resettlement ................................................. 1 1.2 Report Objectives ..................................................................................... 3 1.3 Report Structure ....................................................................................... 3 1.4 Completion of Cadastral Records ................................................................. 4 2 PROJECT DESCRIPTION ............................................................................... 5 2.1 Introduction ............................................................................................. 5 2.2 Project Scope and Background .................................................................... 5 2.3 GBWSAP Description ................................................................................. 5 2.4 Site Characteristics ................................................................................... 8 2.4.1 Landscape and Topography .................................................................. 8 2.4.2 Archaeology, Historic and Cultural Heritage ............................................ 9 2.5 Administrative Divisions ........................................................................... 12 2.6 Land Utilisation ....................................................................................... 15 3 SOCIAL BASELINE CONDITIONS ................................................................ 19 3.1 Introduction and Methodology of Socio-economic Survey ............................. 19 3.2 Residential Project Affected Persons (PAPs) ................................................ 19 3.2.1 Household Size ................................................................................. 19 3.2.2 Age and Sex structure ....................................................................... 20 3.2.3 Nationalities ..................................................................................... 21 3.2.4 War Refugees ................................................................................... 22 Page i of xxv 3.2.5 Education and Health ........................................................................ 22 3.2.6 Economic Activity and Income ............................................................ 23 3.2.7 Key Social Indicators ......................................................................... 24 3.3 Non-Residential PAPs ............................................................................... 26 3.3.1 Landowners ..................................................................................... 26 3.3.2 Survey Approach and Methodology ..................................................... 27 3.3.3 Landownership Distribution ................................................................ 28 3.3.4 Landowners Places of Residence ......................................................... 28 3.3.5 Landownership and Livelihood ............................................................ 29 3.3.6 Lands Occupancy .............................................................................. 29 3.3.7 Landowners Opinions about the Project ............................................... 30 3.4 Vulnerable Groups................................................................................... 30 3.4.1 Women and Children ......................................................................... 30 3.4.2 Lebanese Houses Tenants with no Legal Rights ..................................... 31 3.4.3 Un-contractual Lebanese Labourers ..................................................... 31 3.4.4 Foreign Property Occupants ............................................................... 31 3.4.5 Foreign Farm Labourers ..................................................................... 31 3.4.6 Summary of Vulnerable Groups .......................................................... 32 4 PROJECT IMPACTS ..................................................................................... 34 4.1 Introduction ........................................................................................... 34 4.2 Quantifying Impacts ................................................................................ 34 4.2.1 Number and Areas of Affected Plots .................................................... 34 4.2.2 Loss of Productive Land ..................................................................... 36 4.2.3 Property Take / Built-up Structures Demolition ..................................... 37 4.2.4 Loss of Field Crops ............................................................................ 39 4.2.5 Number of Trees to be cut ................................................................. 40 4.2.6 Other Affected Lands Attachments ...................................................... 41 4.3 Impacts over Project-Affected-Persons ...................................................... 41 4.3.1 Residential Resettlement ................................................................... 42 4.3.2 Loss of livelihood .............................................................................. 43 4.3.3 Impact on Foreign Workers ................................................................ 44 4.3.4 Land value fluctuation ....................................................................... 46 4.4 Summary of Impacts ............................................................................... 46 5 EXISTING LEGAL AND POLICY FRAMEWORK .............................................. 48 Page ii of xxv 5.1 Introduction ........................................................................................... 48 5.2 The 1930 Real Estate Law and Amendments .............................................. 48 5.3 Pre and Post 1991 Tenancies .................................................................... 49 5.4 The 1991 Expropriation Law ..................................................................... 49 5.5 Laws related to usage of natural resources ................................................. 50 5.6 World Bank Safeguards Policies ................................................................ 50 5.6.1 General ........................................................................................... 50 5.6.2 Key Principles ................................................................................... 51 5.6.3 Eligibility for Benefits ......................................................................... 52 5.6.4 Replacement Costs............................................................................ 52 5.7 World Bank Procedures for Land Acquisition and Resettlement ...................... 53 5.8 Policy Provisions Specific to the Project ...................................................... 55 5.8.1 Establishing an eligibility cut-off date .................................................. 55 5.8.2 Compensation for land at replacement cost .......................................... 56 5.8.3 Compensation for structures and other assets at replacement cost.......... 56 5.8.4 Transitional assistance for displaced households ................................... 56 5.8.5 Transitional assistance for displaced businesses .................................... 56 5.8.6 Assistance to squatters or others lacking title or legal rights ................... 57 5.8.7 Assistance to shareholders or labours .................................................. 57 5.8.8 Assistance to affected members of vulnerable groups ............................ 57 5.8.9 Restoration of public or community facilities and services ...................... 57 5.9 Discrepancies between Lebanese Law and World Bank Policy ........................ 58 6 COMPENSATION ENTITLEMENTS ............................................................... 62 6.1 Policy and Principles of Compensation Entitlement ...................................... 62 6.2 Compensation Rates ................................................................................ 62 6.3 Entitlements ........................................................................................... 65 6.3.1 Land Ownership ................................................................................ 65 6.3.2 Assets ............................................................................................. 65 6.3.3 Field Crops ....................................................................................... 65 6.3.4 Perennial Crops ................................................................................ 66 6.3.5 Non-Residential PAPs ........................................................................ 66 6.3.6 Non-Owner Use ................................................................................ 66 6.3.7 Loss of Income and Loss of Livelihood ................................................. 67 6.3.8 Consideration of Foreign Nationals ...................................................... 67 Page iii of xxv 6.3.9 Other Costs ...................................................................................... 68 6.4 Entitlement Matrix................................................................................... 68 7 Institutional Arrangements ....................................................................... 71 7.1 CDR Expropriation Department (ED) .......................................................... 71 7.2 Required Documentation .......................................................................... 71 7.3 Expropriation Commission ........................................................................ 72 7.4 Appeals Committee ................................................................................. 73 7.5 Compensation Payment ........................................................................... 73 7.6 Directorate of Land Registration and Cadastre ............................................ 76 7.7 Project Information Centre (Community Liaison Office) ................................ 76 7.8 NGOS and CBOS ..................................................................................... 77 7.9 Summary of Agency Roles and Responsibilities ........................................... 79 8 IMPLEMENTATION PROGRAMME ................................................................ 80 8.1 Programme Stages .................................................................................. 80 8.2 Notification and Disclosure ....................................................................... 80 8.3 Land and Asset Valuation ......................................................................... 81 8.4 Appeal ................................................................................................... 82 8.5 Grievance Redress .................................................................................. 83 8.6 Completion and Taking Over .................................................................... 84 8.7 Addressing the Needs of Vulnerable Groups ................................................ 85 8.8 RAP Implementation Monitoring and Evaluation .......................................... 85 8.8.1 Implementation Monitoring ................................................................ 86 8.8.2 Implementation Evaluation ................................................................ 88 8.8.3 Implementation Monitoring and Evaluation Reporting ............................ 89 8.9 Project Implementation Schedule .............................................................. 89 9. Public Consultation 9.1 Consultation process 9.2 Key issues raised 9.3 Consultation arrangements during implementation 9.4 Information disclosure 10 Resettlement Cost and Budget .................................................................. 91 10.1 Basis of Costs ......................................................................................... 97 10.2 Valuation of Lands Acquisition .................................................................. 97 10.3 Valuation of Structures ............................................................................ 98 Page iv of xxv 10.4 Loss of Field Crops .................................................................................. 98 10.5 Valuation of Trees ................................................................................... 99 10.6 Other land Attachment Assets ................................................................ 100 10.7 Summary of Resettlement Costs ............................................................. 100 APPENDIX A: RECORDS OF PUBLIC CONSULTATIONS .................................... A-1 Page v of xxv List of Tables Page 2.1: Table ‎ Heritage Sites in Bisri Reservoir ............................................................ 9 2.2: Table ‎ Administrative Divisions within the Project Area .................................... 13 2.3: Table ‎ Bisri Project Municipalities in Municipal Federations ............................... 15 2.4: Table ‎ Estimated Distribution of Land Use within Expropriated Area .................. 15 3.1: Table ‎ Prime Contacts for Tracing Landowners ............................................... 27 3.2: Table ‎ Landownerships by Village ................................................................. 28 3.3: Table ‎ Places of Residence of Non-Local Landowners ....................................... 29 3.4: Table ‎ Landownership and Livelihood ............................................................ 29 3.5: Table ‎ Landowners Final Thoughts ................................................................ 30 3.6: Table ‎ Vulnerable Groups ............................................................................ 33 4.1: Table ‎ Extent of Land Take within the Reservoir Area ...................................... 35 4.2: Table ‎ Future Land Use within the Project Area .............................................. 36 4.3: Table ‎ Type and Use of Lands to be Taken ..................................................... 37 4.4: Table ‎ Structural Assets to be Affected .......................................................... 38 4.5: Table ‎ Estimated Areas of Field Crops ........................................................... 39 4.6: Table ‎ Estimated Numbers of Trees .............................................................. 40 4.7: Table ‎ Other Lands Attachments Assets ......................................................... 41 4.8: Table ‎ Project Affected Persons .................................................................... 42 4.9: Table ‎ Residence and Property Tenancy in the Project Area.............................. 43 4.10: Table ‎ Employment in the Project Area ....................................................... 44 4.11: Table ‎ Foreign Population and Workers in the Project Area ........................... 44 4.12: Table ‎ Residency Time of Foreign Workers in the Project Area ....................... 45 4.13: Table ‎ Occupational Activities of Foreign Workers ........................................ 45 4.14: Table ‎ Destination of Preference of Foreign Workers when Displaced .............. 46 4.15: Table ‎ Summary of Impacts ...................................................................... 47 5.1: Table ‎ Expropriation Procedural Gaps and How to Fill Them ............................. 59 6.1: Table ‎ Indicative Compensation Rates ........................................................... 63 6.2: Table ‎ Bisri Valley Foreign Population and Refugees Distribution ....................... 68 6.3: Table ‎ Entitlement Matrix ............................................................................ 69 7.1: Table ‎ NGOs and CBOs in the Bisri Area ........................................................ 79 Page vi of xxv 7.2: Table ‎ Role and Responsibilities for RAP Implementation ................................. 79 8.1: Table ‎ RAP Implementation Monitoring and Evaluation Reporting ...................... 89 8.2: Table ‎ Project Implementation Schedule ........................................................ 90 9.1: Table ‎ Estimated Lands Valuation ................................................................. 97 9.2: Table ‎ Estimated Structural Assets Valuation ................................................ 98 9.3: Table ‎ Estimated Costs for Field Crops .......................................................... 98 9.4: Table ‎ Estimated Costs for Compensating for Trees ........................................ 99 9.5: Table ‎ Estimated Costs for Other Land Attachment Assets ............................. 100 9.6: Table ‎ Total Project Resettlement Budget .................................................... 101 Page vii of xxv List of Figures Page 2.1: Figure ‎ Location of the Bisri Scheme ............................................................. 6 2.2: Figure ‎ Bisri Dam and Reservoir on Nahr Bisri ................................................ 7 2.3: Figure ‎ Typical Landscape and Scenery of the Bisri Area .................................. 8 2.4: Figure ‎ Location of Heritage Sites within Bisri Reservoir ................................. 10 2.5: Figure ‎ Photographs of Marj Bisri ................................................................ 11 2.6: Figure ‎ Images of Mar Moussa el-Habchi Church and Ste-Sophia Monastery ..... 12 2.7: Figure ‎ Cadastral Regions of the Bisri Project ............................................... 14 2.8: Figure ‎ Current Land Use within Bisri Reservoir and Buffer Zone from GE Imagery ................................................................................................... 17 2.9: Figure ‎ Current Land Utilisation within Bisri Reservoir.................................... 18 3.1: Figure ‎ Population Distribution by Gender (Feb. 2014) .................................. 20 3.2: Figure ‎ Population Distribution by Age(Feb.2014) ......................................... 21 3.3: Figure ‎ Nationality of Surveyed Residents (Feb. 2014) .................................. 21 3.4: Figure ‎ Education Level of Resident PAPs ..................................................... 22 3.5: Figure ‎ Participation of Households in Different Types of Farming ................... 23 3.6: Figure ‎ Population distribution by monthly income ($) ................................... 24 3.7: Figure ‎ Main Source of Domestic Water ....................................................... 25 3.8: Figure ‎ Sewage Disposal Methods ............................................................... 25 3.9: Figure ‎ Households Lacking Standard Domestic Equipment ............................ 26 3.10: Figure ‎ Unavailable belongings in Interviewed Households ............................. 26 4.1: Figure ‎ Distribution of Landowners by Cadastral Regions ............................... 36 4.2: Figure ‎ Distribution of Residential Houses by Caza ........................................ 38 4.3: Figure ‎ Type of Dwelling. ........................................................................... 39 4.4: Figure ‎ Economic Activities ........................................................................ 43 7.1: Figure ‎ The Lebanese Expropriation Procedure ............................................. 75 8.1: Figure ‎ RAP Independent Monitoring Reporting Structure ............................... 87 Page viii of xxv ABBREVIATIONS AND ACRONYMS BMLWE Beirut and Mount Lebanon Water Establishment BVCF BisriValley Community Fund C&CP Consultation and Communication Programme CBO Community-Based Organisation CDR Council for Development and Reconstruction CITES Convention on International Trade in Endangered Species CoM Council of Ministers DGA Directorate General of Antiquities DLRC Directorate of Land Registration and Cadastre DPF Displaced People Fund d/s Downstream EC Expropriation Commission ED Expropriation Department ESIA Environmental and Social Impact Assessment GBWSAP Greater Beirut Water Supply Augmentation Project GoL Government of Lebanon GRM Grievance Redress Mechanism HEP Hydro-electric Plant IUCN International Union for Conservation of Nature km kilometre LL Lebanese Pound m metre masl metres above sea level M&E Monitoring and Evaluation MEW Ministry of Energy and Water MoF Ministry of Finance NGO Non-Governmental Organization OP Operating Procedure (World Bank) PAP Project Affected Person PIU Project Implementation Unit PoA Power of Attorney PoE Panel of Experts PDESIA Preliminary Draft Environmental Social Impact Assessment PIC Project Information Centre RAP Resettlement Action Plan UNHCR United Nations High Commission for Refugees u/s Upstream WB World Bank Page ix of xxv EXECUTIVE SUMMARY INTRODUCTION The Greater Beirut Water Supply Augmentation Project (GBWSAP) proposal to construct a dam and reservoir has the advantage that no significant settlements lie within the area to be inundated or within at least 500 m of the expected reservoir shoreline. While land take will be extensive within the proposed area to be expropriated,some 570 ha, residential properties are few and there are no commercial or industrial premises and no significant public infrastructure or community facilities within the impoundment area. In total, thereare some 966 separate cadastral plots, within these 570 ha, that will be expropriated from 861 landowners, including around 135 building structures which include residential, water tanks, storage rooms, generator rooms, religious places, or animal refuge. The occupied residential accommodations house seasonal farm workers, mostly non-Lebanese, that will need to be relocated. Twenty six designated archaeological sites and one heritage site, within the area to be expropriated were found. Land take and resettlement will also occur for other project activities and associated infrastructure such as the distribution lines and access road in the lower catchment along the conveyor line. There will be a need to expropriate a total of 7.5 ha of lands that are included already into the 570 ha, for the purpose of the conveyor line downstream. The objectives of the Resettlement Action Plan (RAP) are: ï‚· To identify affected people and the scale of the impacts caused by expropriation; ï‚· To identify compensation entitlements; ï‚· To establish a legal and policy framework for the programme that will ensure that all losses incurred by the taking of the land are fully compensated; ï‚· To ensure that the applicable Expropriation Procedures are well defined; ï‚· To identify the appropriate structure for implementation and programme stages; and, ï‚· To identify the means by which RAP implementation will be monitored. The project held a series of Public Consultation Sessions to inform the PAPs of the resettlement impacts and their mitigation measures; and to allow them to participate and air their opinions. The primary concerns of the PAPs, relating to expropriation and resettlement, were: ï‚· The need to preserve archaeological, historic and cultural heritage; ï‚· The adopted policies for lands expropriation; ï‚· The fairness and means of the compensations and, ï‚· The process of appeal. PROJECT DESCRIPTION To overcome increasing severe shortages in public water supply, the GoL through the CDR, the MEW, and the BMLWE, has initiated the Greater Beirut Water Supply Augmentation Project (GBWSAP) to identify the most significant environmentally and socially acceptable, technically viable and economically efficient alternative to the medium and long term provision of potable quality water throughout the Greater Beirut Area.There are lands that will be taken, from their private owners, to accommodate the various structures of the project, affecting local people in their settlements, lands and assets. With this perspective, the Resettlement Action Plan (RAP) addressesissues related to Expropriation, Resettlement and Compensation covering the Bisrisite, where GBWSAP main components will be built and consisting of: Page x of xxv ï‚· The upper catchment containing the inundation area (398ha), and a reservoir that extends for about 4 km upstream of the dam axis on NahrBisri; ï‚· The lower catchment downstream incorporating the associated infrastructure, access roads and pipelines leading to the existing AwaliHydo-Power Plant; and ï‚· A 15 m horizontal buffer zone around the periphery of the reservoir to allow for a shoreline access road and about 700 m downstream of the dam, to allow for the construction of appurtenances and appropriate security. The coverage of inundation and the expropriation limit, will affect lands from 9 municipalities together with 6 other cadastral regions as shown in the Table below. Administrative Divisions within the Project Area Caza Municipality Cadastral Region Chouf Mazraat El Dahr Mazraat El Dahr Bsaba Bsaba Mazraat El Chouf Mazraat El Chouf Aamatour Aamatour Bater Bater Administered by the Ka’emMaqam Khirbet Bisri and Deir-el-Mkhaless Jezzine Midane Midane Benouati Benouati Aariye Aariye Bkassine Bkassine Administered by the Ka’emMaqam Bisri, Harf, Ghbatiyeh, and Bhannine The current lands distribution, that is broken down into lands use categories, is below: Estimated Distribution of Land Use within Expropriated Area Approximate % of Total LandUse Area - ha expropriation Irrigated Agricultural Fields at minimum distance of 100m of river 148 26% Natural bush vegetation sloped 131 23% Natural bush vegetation flat 105 18% Other open rocky and steep slopes lands 99 17% Accessible Natural Pine Woodlands 82 14% Poly-tunnels 4 0.7% Built-up Areas 1 0.2% Total 570 100% SOCIAL BASELINE CONDITIONS The Households and Landowners Surveys were carried out in February to April 2014 based on the finalized project design and expropriation limits along with well-identified plots ownership titles. In the context of the RAP, Project Affected Person (PAP) is defined as any person, residing or not residing in the project area, that will be impacted negatively and lose their land, livelihood, or asset. The affected communities are divided into Residential PAPs, Non-Residential PAPs, and Vulnerable Groups. The surveysdisclosed the following results: - There are total of 238 residents that were identified by the Household Survey. Of these 238, there are 17 Lebanese landowner Residents, 47 Lebanese tenant Page xi of xxv residents who are Non-owners and the other 174 are all non-Lebanese residents with or without a rental contract. - As identified by the Landowners Survey, there are estimated 861 Lebanese landowners that will be affected by the Project, 6 of whom reside in the Valley with their family members (totalling 17 residents as mentioned above), 90 are considered Non-absentee Landowners1 and the remaining 765 are considered as Absentee Landowners, according to the below mentioned definition. - Number, category and distribution of Project Affected Persons are given in Table below. Project Affected Persons Residents within the Landowners expropriation limits (households) Non Lebanese Non-Absentees Lebanese TOTAL TOTAL Landowners Absentees Resident District Non-Owners Landowners Residents Chouf 15 17 123 155 5 68 509 582 Jezzine 2 30 51 83 1 22 256 279 TOTAL 17 47 174 238 6 90 765 861 - The majority of resident and Non-absentee Landowners employ seasonal workers to carry out agricultural activities that is the main occupational sector for resident people; - There was a 50% gender split between female and male and 55% of the age group were adults2; - Not all workers receive health insurance3 and since there is no unemployment welfare, the labour force depends on employment for health benefit; - The whole of the project area is given over to agricultural activity which includes open fields variously tilled, cropped, laid fallow or under poly-tunnels. The majority of the trees are Oak, Citrus, Pine, and Olives; while flowers and strawberries are grown in poly-tunnels; - There are no industrial or non-agricultural commercial enterprises within the area to be expropriate; - The 90% ofactive resident population works in the agriculture with the 60% of workers earning less than 500$per month; - There is very little access to public utility services within the reservoir area such as domestic water source, public sewerage connection, electricity supply and solid waste disposal; - The Social Survey has identified that un-contractual workers and property tenants with no legal right as the most vulnerable group. The distribution of persons into each group and their level of vulnerability are given in details in Social Baseline Conditions Section of the present report. 1 Non-Absentee Landowners are those, not living in the expropriated area, and where at least one of the following criteria applies i) do rely on the land for their income or livelihood or ii) do live in the villages surrounding the valley i.e the Project Catchment Area.. 2 Adults range between 18 and 65 3NSSF (National Social Security Fund) is a health insurance and end-of service pension Page xii of xxv PROJECT IMPACTS The development of dams always involves the permanent occupation of land, not only for dam construction and reservoir impoundment, but also for new access roads. Land acquisition will result in resettlement of displaced PAPs, relocation of their businesses and rehabilitation of their livelihoods. Road construction will open up poorly accessible remote areas, affording them better access to regional centres, government facilities and public services. However, this might have a downside such as abuse of existing communities, landscape and ecology. The Expropriation File along with the 2014 Socio-economic and Landowners Surveys have allowed to identify and quantify the impacts generated over people and their properties as a result of land and asset acquisition and that need to be mitigated, as presented here after. Magnitude of Land Take: While the 69% of lands to be expropriated will be taken from the ChoufCaza, only 31% will be taken from JezzineCaza. Among the cadastral regions, Aamatour and Mazraat El-Chouf will be heavily affected by the land takes with total of 54% of Project total lands to be expropriated. The split of land take between cadastral regions is shown inthe table below. Extent of Land Take within the Reservoir Area No. of plots No. of plots Casa No. partially Expropriated % Area Cadastral Region totally Plots expropriate Area (ha) Expropriated expropriated d Aamatour 310 279 31 160 31% Chouf Mazraat El Chouf 277 225 52 120 23% Mazraat El Dahr 55 36 19 42 8% 36 All others 39 15 24 7% ChoufSub-Total 681 555 126 358 69% Midane 80 70 10 48 9% Jezzine Harf 69 64 5 46 9% Bisri 74 62 12 44 9% All others 62 35 27 21 4% JezzineSub-Total 285 231 54 159 31% Expropriation Grand 966 786 180 517 100% Total "DomainePublique" (river + roads) 53 Total Land take 570 Current Land Use: The lands to be taken vary in type, ownerships and use. While the “Domaine Publicâ€? Lands total an area of 53 ha, 517 ha of lands will be taken to their private owners. The Table below summarises the type,use and areas of lands that will be affected. Page xiii of xxv Type and Use of Lands to be Taken Ownership Total Land use and cover Public Private m2 m2 m2 Irrigated Agricultural Fields at distance of >100m from river 1,480,000 51,874 1,428,126 Other open and rocky with steep slopes lands 990,000 31,515 958,485 Natural bush vegetation flat 1,050,000 322,610 727,390 Accessible Natural Pine Woodlands 820,000 42,015 777,985 Natural bush vegetation sloped 1,310,000 82,089 1,227,911 TOTAL* 5,650,000 530,102 5,119,898 * the total area does not include the 1 and 4ha of Built-up area and Poly-Tunnels that are included under the structures and other attachments categories respectively shown here after. Structures: There are total of 134 structures to be demolished and one church to be relocatedas a result ofthe Project. While 49 residential dwellings are inhabited the remaining are eitheremptyor non-residential structures, such as animal shelters, agricultural warehouses, etc.Table below summarises the number type use and areas of the structures that will be affected. Structural Assets Affected Structural Asset Nr m2 Residential Structures inhabited 49 3,349 Empty Structures 26 2,902 Non-residential structures including one church 60 3,877 TOTAL 135 10,128 Field Crops: Seasonal field crops could be either found covered under poly-tunnels mainly strawberry and flowers plantations or un-covered vegetables that accounts for the largest field crops area as shown in Table below. Field Crops Field Crops m2 Strawberry under Poly-tunnels metal – plastics 40,000 Rose and other Flowers under Poly-tunnels metal - plastics 27,000 Open Field crops (Tomato, Lettuce , fava bean, cabbages and others) 200,000 Total 267,000 Trees: There are total of 110,814 trees that will be cut from the Valley. These include 28,737 young trees and 82,077 mature trees. Details of types and number of trees that will be cut are given under Project Impacts Section. Land attachments: There are also other assets that could be attached to the lands and that will be affected by the Land Take. These include all equipment and assets that are primarily related for servicing the major occupation sectors into the Valley that are the plant and animal productionsectors. Table below provides the quantities of the lands attached assets. Page xiv of xxv Other Land attachments Other Land attachments Unit Quantity Water ground tank, concrete cubic meter 985 Water tank, elevated, plastic on metal frame cubic meter 910 Poly-tunnels, metal and plastic meter square 40,000 Agricultural and irrigation Equipment * meter square 227,000 Animal shed, concrete walls and floor meter square 2,220 Metal overhead Pergola square meter 115 Metal pipes linear meter 65 Metal wired fence linear meter 1,680 Water channel, open, concrete linear meter 990 * for total area cover refer to field crops area. Property tenancy: The 2014 Social Survey has revealed that 35households are non- Lebanese (totalling 174 persons) of which 34 households (housing 165 persons) have no legal Tenancy Right. Similarly; the 8 counted Lebanese non-owner-households (totalling 47 persons) have no Tenancy rights to the property they occupy, and as such none of these is protected under the Lebanese law.Table below summarises the Impact over Properties Tenancy in the valley. Impact over Tenancy Rights Nr Households Nr of Persons TENANCY RIGHT Other- Other- Lebanese Total Lebanese Total Arabs Arabs Resident-Owner 6 0 6 17 0 17 Resident-Renter 0 1 1 0 9 9 Resident Upon Mutual Agreement 8 34 42 47 165 212 TOTAL 14 35 49 64 174 238 Employment: Of the total 238 Valley residents, there are 103 who compose the working force, of which 39 are Lebanese and the remaining 64 are non-Lebanese. The 87% of the working force is employed as skilled agricultural and fishery workers as shown below. Impact over Employment EMPLOYMENT (Number of individuals Lebanese Other-Arabs GRAND TOTAL affected) Skilled agricultural and fishery workers 30 60 90 other Working force 9 4 13 TOTAL 39 64 103 Foreigners: All 174 foreigners reside in the project area. Among these, 64 are part of the working force in the valley. Some of them are refugees and some others are not. The details are shown in Table below. Page xv of xxv Impact over Resident Foreign Population Of them total Number of people Total foreigners Working Foreigners Non-Refugees 72 36 Refugees Registered with UNCHR 79 25 Refugees Not Registered with UNHCR 23 3 GRAND TOTAL 174 64 Summary of all impacts: Table below summarises the magnitude of impacts as presented above, due to the Lands take over people, their rights, assets, lands, employment and other attachments. Summary of Resettlement Impacts Field Crops Structures Workers Tenants Owners Trees Land Summary of Resettlement m2 ha Nr Nr Nr Nr Nr Impact Reservoir area including all 485 119 107,426 186,000 789 187 89 buffer zone around Dam foot print 29 12 1192 67,000 23 34 14 Associated facilities: 56 4 2196 14,000 49 0 0 transmission line, access road* TOTAL 570 135 110,814 267,000 861 221 103 *Although Power Plant location and area are yet to be finalised by the Dam Designer, it has been estimated that the plant will require an area of about 10,000 m2 that are not included in the above total land area. EXISTING LEGAL AND POLICY FRAMEWORK The prime legislative instrument for expropriation is the 1991 Expropriation Law 58, which authorises expropriation of private property in the public interest where deemed to be for the public utility, and only in exchange of fair and adequate compensation. It provides for the determination of compensation and appeals procedure for dispute resolution. Therefore; the Lebanese government may pay an interim amount before the appeal process has been completed while leaving the payment of balance amount until the Appeal Committee decision. In accordance with CDR policy, and while simultaneously complying with GoL procedures, the assessment needs to follow the requirements of World Bank Policy on Involuntary Resettlement OP 4.12 to render it acceptable for any future funding. But there are some significant issues upon which current local practice deviates from Bank requirements and the Consultant proposes the following measures to resolve them: Discrepancies and Gap-Filling Measures Discrepancy Gap-Filling Measures for Bisri ï‚· Stakeholder consultations have been held in project affected Stakeholder Consultations villages and in Beirut. ï‚· A Project Information Centre (PIC) will be established. ï‚· Public consultations have been held to elicit PAP participation. PAP Participation ï‚· A dedicated phone line for consultation sessions has been announced in the Press. Page xvi of xxv ï‚· All compensation value will be determined based on full Compensation Terms replacement cost of affected assets. ï‚· To make Appeal more accessible to poor PAPs, for those whose total landholding is less than 1,000 m2 or their total asset Grievance Redress value less than LL 10 million, the project will pay the Appeal fee and the cost of legal representation. ï‚· PAPs without title have been identified by a 100% household PAPs without Title survey and appropriate payments will be made via the title- holder, with PAPs asked to sign to confirm receipt. COMPENSATION ENTITLEMENTS Compensation is paid in cash, provided it is adequate, and paid in time and in full. Bank funded projects are expected to compensate all persons affected by the project and for all losses of assets and investments (e.g lands, structures, trees, fixtures, lands attachments, etc.). In accordance with Lebanese expropriation procedures, rates of compensation shall be determined by the Expropriation Commission (EC) upon the receipt of the approved-on Expropriation Decree. Meanwhile indicative compensation rates4, provided by ED at the CDR, are shown in Tables below just for guidance and will not commit neither CDR nor the PAPs, as the final rates will be established based on the EC assessment and valuation. Compensation Rates LAND LBP/m2 Accessible Natural Pine woodland 50,000 Irrigated Agricultural field, Riparian to river 50,000 Irrigated Agricultural field, <100m from river 40,000 Irrigated Agricultural field, >100 m from river 40,000 Abandoned agricultural land 40,000 Other open land, good soil cover, flat 40,000 Other natural woodland 40,000 Natural bush vegetation, flat 40,000 Other open land, poor soil cover, sloped 30,000 Natural bush vegetation, sloped 30,000 Other open rocky and steep slopes lands 20,000 STRUCTURE LBP/m2 New house 500,000 Basic house, concrete 100,000 Old house renovated 100,000 Storage room, concrete 50,000 Old degrading house 50,000 Old house 50,000 Concrete shelter for Agricultural workers 50,000 4 The compensation rates in the RAP were determined based on the existing prevailing market prices of affected assets. The actural compensation rate will be determined by the Expropriation Commission based on the market price at the time of actural expropriation. The Government of Lebanon will cover the difference in case the actual compensation rates are higher than the existing one in this RAP. Page xvii of xxv Shelter, wood, plastic 25,000 Animal shed, concrete walls and floor 15,000 Tent, cloth 10,000 Land Attachments Assets Unit LBP Water ground tank, concrete cubic meter 100,000 Water tank, elevated, plastic on metal frame cubic meter 600,000 Metal mounted shelter square meter 1,500 Metal overhead Pergola square meter 1,000 Metal pipes linear meter 1,000 Water channel, open, concrete linear meter 15,000 Animal enclosure, wire netting, earth floor linear meter 5,000 Metal wired fence linear meter 7,000 Razor wire linear meter 500 Agricultural and Irrigation Equipments square meter 20,000 Poly-tunnel, metal, plastic, square meter 10,000 FIELD CROPS LBP/m2 Rose 50,000 Other Flowers 50,000 Strawberry 20,000 Tomato 20,000 Lettuce 20,000 Cabbage 20,000 Grape Vine 10,000 Sweet Pepper 10,000 Basil 10,000 Grains 5,000 LBP/Tree TREES Young Mature Pine 150,000 400,000 Oak 150,000 400,000 Poplar 40,000 75,000 Cypress 40,000 75,000 Cactus 40,000 75,000 Willow 40,000 75,000 LBP/Tree TREE CROPS Young Mature Olive 300,000 750,000 Mango 200,000 750,000 Chestnut 200,000 750,000 Date Palm 200,000 750,000 Pistachio 150,000 300,000 Almond 150,000 400,000 Kiwi 150,000 400,000 Loquat 150,000 400,000 Page xviii of xxv Peach 150,000 400,000 Pomegranate 150,000 400,000 Avocado 150,000 400,000 Pear 150,000 400,000 Orange 150,000 400,000 Apple 150,000 400,000 Fig 150,000 400,000 Lemon 150,000 400,000 Apricot 150,000 400,000 Sumac 150,000 400,000 Pomelo 150,000 400,000 Other Trees 150,000 400,000 To prevent opportunistic migration into the Project Area, for the purpose of claiming compensation or other assistance, a cut-off date of Eligibility to compensation has been set as of March 20, 20145. Local people in the project areas have been well informed about this through public announcement of the cut-off date in local newspapers. Establishing an official cut-off date for the project provides the primary basis for determining who is eligible and for what compensation. Eligibility for compensation for the losses occurring and status of persons affected,with the compensation basis are presented in Table below. 5 Pleasee see the Appendix B for the advertisement Page xix of xxv Entitlement Matrix Nr of Eligible Persons Loss of: Compensation Payable households/persons Resident Land PAPs shall be compensated at the replacement cost as estimated by the EC Landowners House for: Structure - land loss and disturbance of livelihood; Living in the area Trees - Transitional allowance for moving of household and belongings; to be expropriated Crops - income and loss of earnings; and do rely on other assets - costs incurred for improving the property assets and land productivity; 6/17 owned land for livelihood - rehabilitation that is sufficient to enable PAP to re-establish in similar their livelihood condition; - allowances for continued post project use of any lands at existing levels of productivity; - assistance of replacing and transition costs to new location for PAP's Lebanese Nationals movable goods and assets. Non-absentee Land PAPs shall be compensated at the replacement cost as estimated by the EC Landowners Structure for: Trees - land loss and disturbance of livelihood; where at least one Crops - income and loss of earnings; of these two other assets - costs incurred for improving the property assets and land productivity; criteria applies: livelihood - rehabilitation that is sufficient to enable PAP to re-establish in similar 90/- - Living in the condition; Project catchment - allowances for continued post project use of any lands at existing levels of area productivity; - do rely on owned - assistance of replacing and transition costs to new location for PAP's land for their movable goods and assets. livelihood Absentee Land PAPs shall be compensated at the replacement cost as estimated by the EC Landowners other assets for: 765/- - land loss ; - consequential loss of any land's asset. Total of 861/17 Landowners Page xx of xxv Nr of Eligible Persons Loss of: Compensation Payable households/persons Non-Owner PAPs shall be compensated at the replacement cost as estimated by the EC residents for the housing tenancy: - those with Tenancy post-1991 contract at a rate of 3 months payment and landlord is instructed to return all in-advance money received to tenant; House - those with no Formal Tenancy Contract for the incurred costs for Structure improvement brought to the land and property as valued by the EC as a Trees case-by-case basis; 8/47 Crops 'PAPs shall be compensated at the replacement cost as estimated by the EC other assets for other than housing: livelihood - any consequential loss of trees and crops and other land attachments; - assistance to recover livelihood and rehabilitation. - assistance of replacing and transition costs to new location for PAP's movable goods and assets. Non refugees Job PAPs shall be compensated for Jobs loss as it follows: Full timer / - loss of income of full timer at a rate of 10$ daily for total of 156 days. Part timer - loss of income of part timer for 3-month-payment based on their Labor residents and currently received monthly wage. PAPs shall be compensated for shelter loss as it follows: 7/36 Shelter - those with Tenancy post-1991 contract at a rate of 3 months payment and landlord is instructed to return all in-advance money received to tenant; - those with no Formal Tenancy Contract for the incurred costs for improvement brought to the land and property as valued by the EC as a Foreigners case-by-case basis. Refugees 4/28 Project will Provide assistance to get PAPs connected to the UNHCR. Shelter Non refugees PAPs shall be compensated for shelter loss as it follows: - those with Tenancy post-1991 contract at a rate of 3 months payment and Non Labor residents landlord is instructed to return all in-advance money received to tenant; 7/36 Shelter - those with no Formal Tenancy Contract for the incurred costs for improvement brought to the land and property as valued by the EC as a case-by-case basis. Refugees 17/74 Project will Provide assistance to get PAPs connected to the UNHCR. Total of residents 49/238 in the Valley* *the 49/238 Households/personsinclude the 6/17Resident Landowners, as above. All resident Lebanese Nationals are from 14 Owner and Non-owner households while all foreigners are from 35 householdstotaling the 49 households. Page xxi of xxv IMPLEMENTATION STRUCTURE A summary of agency roles and responsibilities for RAP execution is given in the table below. Role and Responsibilities for RAP Implementation Stage Agency Responsibility ï‚· Approve final design; Final Design/ ï‚· Define land to be acquired; CDR Design Review ï‚· Prepare Resettlement Plan; ï‚· Budget for rescue archaeology and building relocation. PIC of PIU ï‚· Undertake Community liaison and support to PAPs. ï‚· Initiate the Expropriation Decree; ï‚· Ensure expropriation tasks accord with the Lebanese Law and Negotiation ED within the World Bank Policy on Involuntary Resettlement OP 4.12; CDR ï‚· Liaise with project engineers drafting the Decree and the consultant preparing the expropriation files; ï‚· Verify expropriation files. CoM ï‚· Approve the Expropriation Decree. EC ï‚· Determine all compensations; Municipal ï‚· Assist PAPs with grievance redress. Councils ï‚· Deposit determined indemnity values in escrow accounts; Ed of CDR ï‚· Takes possession of the property. Implementation ED ï‚· Inform beneficiaries of deposition. CDR or PAP ï‚· If required, appeal EC decision to Appeals committee. DLRC ED ï‚· Implementation of RAP, Monitoring and Evaluation activities CDR/SC Appeals ï‚· Ultimate determination of disputes. Committee Page xxii of xxv The Expropriation Procedure for Lebanon is illustrated in the figure below. Page xxiii of xxv IMPLEMENTATION PROGRAMME Table below predicts the time the Resettlement Action Plan needs to be implemented in its entirety starting from the preparation of the expropriation files to the Expropriation, Compensation, lands Take over and Monitoring of activities, showing who would be involved for what activity. Project Implementation Schedule Responsible Activities Actual or predicted time institutions Landholding and Asset Dam Designer January 2014 Census Social Surveys ESIA/RAP Consultant February-April 2014 Public Consultations ESIA/RAP Consultant April 2014 Disclosure of RAP ESIA/RAP Consultant May 31, 2014 Publication of Expropriation After CoM has confirmed financing is CoM Decree secured. (Predicted January 2015) Publication of EC’s After completion of EC valuation procedures EC Assessment Report (Predicted April-May 2016) 30 days from publication of EC’s Assessment open for Appeal ED, PAPs and AC Assessment. Decision with 3 months. Total time frame predicted for land take to CDR supported by the be 22-24 months from publication of Land Evacuation relevant authorities Expropriation Decree. (Completion predicted February-May 2018). CDR supported by the 15 days after payment for vacant land, 30 Resettlement relevant authorities days after payment for land with buildings. Initiation of construction CDR and Contractor May 2016 One month after the Date of Loan and bi- Internal RAP monitoring CDR, ED and DLRC annually thereafter until land take and resettlement completed. Six months after the Date of Loan and External Monitoring External RAP monitoring every six months thereafter until land take agency and resettlement completed. RESETTLEMENT COST AND BUDGET The Expropriation Department at CDR provided the ESIA/RAP Consultant with General Standards Compensation OF Costs for various lost assets. The information provider insists on the fact that the listed figures are to be considered for general guidance only, while notcommitting neither CDR nor PAPs, because it is up to the Expropriation Commission (EC), at later stage, to set the final asset value to be compensated. The provided indicative rates,along with various item-quantities that compose the overall operation of Resettlement, are used to estimate the total costs for implementing the whole Resettlement operation of Bisri Project. As such; theTotal Cost of Resettlement nears the$ 170million. These include the costs for acquiring the lands, compensation for all lost assets, restoring the livelihood of affected PAPs, etc.Table below summarises the detailed costs making up the Total Project Resettlement Cost. Page xxiv of xxv Resettlement Total Cost Compensation Costs Total USD Compensation for Lands to be taken $120,751,312 Compensation for Structures to be demolished $1,054,590 Compensation for Field crops losses* $0 Compensation for Trees losses $24,659,727 Compensation for other Lands attachment losses $3,763,058 Total for all Compensations $150,228,686 * Construction works shall not be started until field crops season is over. Other Costs Total USD Assistance with resettlement and livelihood re-establishment $3,000,000 Benefit Sharing through BVCF $1,500,000 RAP Monitoring and Evaluation $500,000 Total for all Other costs $5,000,000 Miscellaneous (10%) $15,522,869 GRAND TOTAL (USD) $170,751,555 Page xxv of xxv 1 INTRODUCTION 1.1 Basis for Land Acquisition and Resettlement The Greater Beirut Water Supply Augmentation Project (GBWSAP) proposal to construct a dam and reservoir within the NahrAwali catchment, has the advantage that no significant settlements lie within the area to be inundated or within at least 500 m of the expected reservoir shoreline. While land take will be extensive within the proposed area of inundation, some 570 ha, residential properties are few and there are no commercial or industrial premises and no significant public infrastructure or community facilities within the impoundment area. In total, the Bisri dam Project will need to 6 expropriatesome 966 separate cadastral plotsfrom about 861 landowners , where about 135building structuresare found, these could be residential, water tanks, storage rooms, generator rooms, religious places, or animal refuges. The occupied residential accommodations at present, that will be affected, are used mainly as houses for seasonal farm workers that will need to be relocated. These workers are mostly non- Lebanese, mainly Syrian, Syrian Kurd, Palestinian and Egyptian, the majority of which may stay on the land till the next planting season. Twenty six designated archaeological sites and one heritage site, within the area to be expropriated were found. Most remarkably are; one cultural heritage site, a small church, and adjacent monastic remains. Land take and resettlement will also occur for other project activities and associated infrastructure such as the conveyor distribution lines and access road downstream the proposed dam down to the Awali HEP. The expropriation limits, related to the cut and fill of this conveyor line and the associated road, are being now defined by the Dam Designer as his detailed design is being finalized. These limits confine a total area of about 7.5 ha to be expropriated downstream the dam. A fundamental principle of resettlement policy, under dam projects, is that it should provide Project Affected Person (PAP) with standards of living at least equivalent to, and preferably better, than their pre-relocation conditions, compensated not only for physical loss but also for discomfort and social loss. Bisri dam when constructed should allow PAPs priority advantage to new economic opportunities such as tourism, fisheries, or increased irrigation, to restore and improve their standard of living.PAPs are expected to be compensated for their loss of livelihood, land take, assets loss and resettlement. In accordance with the Council of Development and Reconstruction (CDR) policy, the assessment complies with the structure and guidelines of the World Bank Policy on Involuntary Resettlement OP 4.12 as well as with the requirements of the Government of Lebanon (GOL). Involuntary Resettlement (OP/BP 4.12) is one of the five World Bank Safeguard policies that are triggered by the project. The fundamental goals and procedures adopted while planning and executing a land acquisition and resettlement 6 These could be single or multi-owners land plots, Page 1 of 94 programme for a World Bank assisted project are laid down in OP 4.12 7 on Involuntary Resettlement. Broadly, this has three prime policy objectives: ï‚· Wherever feasible, involuntary resettlement should be avoided or minimised through the pursuit of alternative project designs; ï‚· Where resettlement is unavoidable, this should be conceived and executed as sustainable development by providing sufficient investment to enable displaced persons to share project benefits. Displaced persons should be meaningfully consulted and have opportunities to participate in the planning and implementation of resettlement programmes; and, ï‚· Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living, or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to project implementation, whichever the higher. When differences exist between the Bank policy on Involuntary Resettlement OP 4.12 and relevant Lebanese laws and regulations, the Bank policy will apply. For instance a specific problem with Lebanese expropriation Law is that it affords no provision for those who derive a livelihood from land to which they have no title, a category into which the majority of those displaced by the Bisriproject fall. The present RAP will help identifyingallkey discrepancies between the Lebanese Expropriation Law and the World Bank OP4.12 for the Involuntary Resettlement.It will also propose the filling-the-gaps measures between the two. The details of these deviations and the measures proposed to resolve them for the Bisri Project are given under section 5 of this report. Under Lebanese Law, compensation for land and asset expropriation and resettlement is made via a single/multiple cash payments, with no provision for land-swaps or other assistance in re-establishing a home or livelihood. Funding agencies, on the other hand, such as the World Bank are usually more considerate and will usually expect PAPs to be compensated for loss of livelihood, even where that livelihood is obtained by working land to which they have no title. Also, OP 4.12 requires PAPs to be compensated in full before land and assets are taken. Under Lebanese Law, it is possible to appeal the value of the compensation but not the act of expropriation and as such, the appeal of any party will not prevent the execution of the Land take-over decision. As said earlier, the Resettlement Action Plan (RAP) identifies measures to fill the gaps between the Lebanese expropriation Law and World Bank O.P 4.12 policy.As such, to render the act of expropriation complete and meaningful, the Lebanese procedure of expropriation has to be read in conjunction with these proposed measures, as it will be discussed in further sections of the report. 7 World Bank Operational Policy OP 4.12 Involuntary Resettlement, December 2001. Page 2 of 94 1.2 Report Objectives The Resettlement Action Plan presents the results of the detailed CadastralSurvey, Socio-economic and Landowners Surveyscomprising structured questionnaires for Landowners, Households and agricultural establishments.Furthermore it details all the Policies regarding the Compensation Entitlement and Standards and the Expropriation Procedures to be followed. The preliminary land use and socio-economic survey for Bisri site undertaken during winter 2013 has been updated by a household Survey held during Winter 2014 thatwas completed by Landowners Survey two months later. The detailed CadastralSurvey and Assets Census, completed by the Dam Designer, have been the basis for the 2014 Social Surveys. The present RAP builds upon all these findings while the Final Engineering Design that is expected to come to an end in the upcoming months is unlikely to heavily affect the previously mentioned basis of the current RAP. Therefore and given the work that has now been completed, the objectives of the present report are: ï‚· To identify affected people and the scale of the impacts on lands,residences, assets and activities caused by the expropriation of property; ï‚· To establish a legal and policy framework for the programme that will ensure that all losses incurred by the taking of the land are fully compensated and that they suffer no diminution of livelihood or assets; ï‚· To define the eligibility forcompensation and, ï‚· To identify the appropriate structure for implementation and programme stages; ï‚· To define a timeframe for implementation and identify the means by whichRAP implementation will be monitored. 1.3 Report Structure The present report is action-oriented,but it also accommodates World Bank reporting guidelines. While the present Section 1 briefs the background of the Resettlement Plan, the remaining part of the present report contains two distinct parts; the first comprising Sections 2 to 5 that provides the context of the Resettlement Action Plan(RAP). Section 2 describes the project andits current status, while Section 3 summarises socio-economic status of the affected populations.Section 4 quantifies all the expected project impacts over people and their assets, while Section 5 reviews the legal and policy framework for compensation entitlements and the measures needed to fill the gaps between the Lebanese Law and the World Bank policy. The second part of the report comprising Sections 6 to 8 discusses the land acquisition and resettlement specific to the project. Section 6 describes thecompensation entitlementsthat should be offered with the preliminary compensation rates, whileSections 7 and 8 respectively deal with RAPinstitutional arrangements and responsibilities, andthe proposed implementation programme. Page 3 of 94 Section 9 reviews the Public Consultation Sessions that were undertaken and Finally Section 10 puts a cost for all the expected impacts of the project in an attempt to estimate the total budget value of the whole resettlement operation. 1.4 Completion of Cadastral Records In concludingthe present chapter it is important to understand the cadastral records on which the findings of the present RAP are based. Responsibility for cadastral mapping and land ownership records lies with the Directorate of Land Registration and Cadastre within the Ministry of Finance, generally referred to as the Cadastre. Understandably, this work has prioritised urban areas and suburbs where development has been extensive. Rural areas with little development, such as the Bisri dam and reservoir site, have not been updated. Therefore the Design Consultant has prepared detailed expropriation files along with a Cadastral Survey of the whole area, where all plots limits and ownerships falling under the project expropriation limits have been identified. Page 4 of 94 2 PROJECT DESCRIPTION 2.1 Introduction This chapter of the RAP provides a brief description of the project backgroundand scope, anddiscusses the details of the project, its location and geographical setting, the nature of the land to be acquired, and other aspects that impinge on the approach to land expropriation and resettlement. The potential for dams in Lebanon has long been recognized;Section 2.2 describes the project background and explains the interface between the GBWSP and GBWSAP.Section 2.3describesthe present GBWSAP, whileSection 2.4summarises the prime characteristics of the site. Section 2.5lists the administrative divisions and Section 2.6 discusses the present land use throughout the project area and its surrounding. 2.2 Project Scope and Background To overcome increasing severe shortages in public water supply, the Government of Lebanon (GoL) through the Council for Development and Reconstruction (CDR), the Ministry of Energy and Water (MEW), and the Beirut and Mount Lebanon Water Establishment (BMLWE), has initiated the Greater Beirut Water Supply Augmentation Project (GBWSAP) to identify the most significant environmentally and socially acceptable, technically viable and economically efficient alternative to the medium and long term provision of potable quality water throughout the Greater Beirut Area.. The Consultant was assigned the preparation ofa detailed action plan for resettling people wholive currently in the area to be inundated by the project. With this perspective, theResettlementAction Plan (RAP) will address expropriation, resettlement and compensation issues covering the Bisri Scheme which comprisesofthe upper catchment containing the inundation area, the Dam site and the lower catchment downstream incorporating the access roads and conveyor pipelines leading to the AwaliHydro-Electric Plant. 2.3 GBWSAP Description Bisri site, where the GBWSAP will be constructed, is located some 15 km inland from the Mediterranean coastline at Saida, and 35 km south of central Beirut, as shown in Figure 2.1.GBWSAP involves the construction and operation of a series of infrastructure, notably: ï‚· A clay Rock-fill dam of 73m height with 12m and 760m dam crest width and length respectively , ï‚· An impoundment of c. 398 ha of lands at a normal water level of 461m behind the constructed dam accommodating for a total storage capacity of 125 Mm3, ï‚· Twin-1400mm-water conveyor line of c. 4 km length,with a conveyance capacity of 6m3/s, transporting the damwater to the Awali Lac downstream, from where Page 5 of 94 water, of the Dam, will be channelledinto the exiting Joun Tunnel until the Take- off point located upstream Joun HEP, ï‚· On top of the c. 4km buried conveyor line, a service access road of same conveyor length will be constructed together with an access road around the lake as well, ï‚· One small Hydropower Plant (0.2MW) at the feet of Dam and another 8-10MW downstream plant at the discharge of the water transmission line will be constructed. Figure 2.1: Location of the Bisri Scheme With a dam basis at an elevation of c.395 masl, the reservoir extends for about 4 km upstream of the dam axis on NahrBisri,then it forks in southerly and northerly directions for a total approximate length of 2 km each, as illustrated in the following Figure. At meanwater level, 468masl, the total storage volume of the reservoir is estimated at 125Mm3 and the area expected to be inundated is 434ha. Page 6 of 94 Figure 2.2: Bisri Dam and Reservoir on NahrBisri Page 7 of 94 2.4 Site Characteristics 2.4.1 Landscape and Topography The two lobes of Bisri Reservoir formed by NahrBarouk from the north and WadiBhannine from the south together drain a substantial portion of the southern Chouf Mountains. These two watercourses merge at MarjBisri to form NahrBisri, which after a further 5 km becomesNahrAwali, the name retained thereafter to the sea. Above the dam site on NahrBisri the surface water catchment extends to some 215 km2. Typical scenery throughout the Bisri reservoir site and adjacent areas is shown in Figure 2.3. The upper catchment is characterized by the steep slopes and cliffs, with small villages on hilltops and cliff edges. While natural beauty is an important resource, the lack of landscape management and planning control has resulted in severe degradation over the last two decades.In the lower catchment downstream of Bisri Village, the river again occupies a narrow steep sidedvalley in which agriculture is largely limited to tree-crops grown on terraced slopes.The watercourse provides both the physical and administrative boundary between the Chouf and JezzineCazas. Figure 2.3: Typical Landscape and Scenery of the Bisri Area Page 8 of 94 2.4.2 Archaeology, Historic and Cultural Heritage By comparison to today’s peace and tranquillity, history relates the broad, flat and fertile valley of NahrBisri to have been a hive of human and community activity. In Roman times the valley is believed to be the main route from Saida to Damascus, and more recently afforded refuge for religious minorities. In 2004 and 2005, a Polish-Lebanese team from the Polish Center for Archaeology at the University of Warsaw and the Lebanese Institute of Archaeology, undertook a survey of sites throughout the valley and surrounding hills. As a result, a total of 78 sites were identified, of which 27 fall within the area of expropriation for Bisri Project, as shown in Figure 2.4. Notwithstanding the large number of sites throughout the Bisrivalley, those which are expected to be the most significant are the ones that are listed in the table below. Table 2.1: Heritage Sites in Bisri Reservoir8 Site Description The Granite Columns at A Roman-Persian era Temple of which four columns and some temenos MarjBisri boundary stones remain visible. A single-arched stone bridge believed to date from the Mamluke- MarjBisri Bridge Ottoman period. A small vaulted Maronite church dating from the 13th Century, rebuilt Mar Moussa el Habchi authentically in modern times. Adjacent to Mar Moussa Church but said to predate it, the stables and St. Sophia Monastery stable yard, together with one end of a Byzantine wall are all that now remain. 8 Relocation of cultural heritage will be covered by ESIA/ESMP rather than by RAP. Page 9 of 94 Figure 2.4: Location of Heritage Sites within Bisri Reservoir The Granite Columns Close to the confluence of NahrBarouk withWadiBhannine lies the Roman Temple of MarjBisri, believed to be associated with the Temple of Ashmoun,dating back to the 7th Century BC. Originally Phoenician, Ashmoun was constructed over several centuries and shows Roman and Persian influences, with colonnades, mosaics, and the foundations of a Byzantine church. Both Ashmoun and MarjBisri are believed to lie on the ancient road from Saida to Damascus, used by, among others, Alexander the Great, with MarjBisri at the crossing point of NahrBarouk, where it afforded refuse and respite prior to ascending Jebel Niha. The site of MarjBisri and its immediate vicinity are shown in Figure 2.5. The visible remains of MarjBisri are limited to four black granite columns, perhaps the entrance to the main temple, and several large dressed stone blocks exposed in the adjacent river bank, believed to be the wall of the Temenos, the sacred area surrounding the temple. Pottery shreds of both Roman and Persian origin have been found in the vicinity and it is assumed buried remains of other buildings and at least a small village will also be present. With the reservoir full, the MarjBisri Temple site will be covered by some 30 m of water. Page 10 of 94 MarjBisri Historic Bridge While a bridge over the river, c. 30m from the columns, is thought to have existed since medieval times, the present single-arch structure is believed to date from the Mamluke- Ottoman period (Figure 2.5). MarjBisri columns Marj Bisri bridge Figure 2.5: Photographs of MarjBisri Mar Moussa El Habchi Church Mar Moussa Church, shown in Figure 2.6, is located on the lower slopes of the valleyjust 200 m from the proposed dam axis, and 75 m from the base of the dam’sback slope. While the church is small and unimposing, its importance in local culture and tradition was evident from the concerns raised during public consultation. The site is believed to have been used for worship since the 13th century, but the church was rebuilt some time ago. Because access is limited to an un-metalled track, services are no longer held other than on Mar Moussa Day, on the last Sunday of August, each year. Being so close to construction activity, it is expected that the church will be irreparably impacted. The local community has already indicated they wish to see it relocated. Given the nature and relative simplicity of the structure, it will be feasible to dismantle the main features, although the smaller stones in the vaulted roof, which may in any case not pre- date the present structure, may need to be replaced. Page 11 of 94 Mar Moussa Church Engraved lintel over one of the windows Part of the interior Remains of the monastery Figure 2.6: Images of Mar Moussa el-Habchi Church and Ste-Sophia Monastery Saint Sophia Monastery Saint Sophia just 30 m from Mar Moussa Church is thought to predate it. All that is seen today are the walls and arches of what mayhave been stables.An adjacent thick stone wall, reportedly Byzantine,is believed to be the Monastery boundary wall (Figure 2.6). 2.5 Administrative Divisions The area, directly and irreversibly affected by the construction of Bisri dam and conveyor line and inundated by its impoundment reservoir, spans the jurisdictions of twocazas, 9 municipalities and 15 cadastral regions, as listed inTable 2.2below. The coverage of cadastral regions within the Bisri Dam reservoir and the expropriation limit is shown in Figure 2.7. Page 12 of 94 Table 2.2: Administrative Divisions within the Project Area Caza Municipality Cadastral Region Mazraat El Dahr Mazraat El Dahr Bsaba Bsaba Mazraat El Chouf Mazraat El Chouf Chouf Aamatour Aamatour Bater Bater Administered by Chouf Ka’emMaqam Khirbet Bisri and Deir-el-Mkhaless Midane Midane Benouati Benouati Jezzine Aariye Aariye Bkassine Bkassine Administered by Jezzine Ka’emMaqam Bisri, Harf, Ghbatiyeh, and Bhannine The present RAP incorporates some areas, from a new cadastral region, to be expropriated. This region is Deir-el-Mkhaless, where some lands will be taken for the purpose of constructing the Dam and Awali HEP conveyor line. Under the Municipal Law of 1977, municipalities are permitted to form federations to pursue strategies and take on projects of common interest that exceed the financial possibilities of a single municipality. There are currently 37 municipal federations throughout Lebanon, four of which include municipalities within the Bisri project area, as listed in Table 2.3. Page 13 of 94 Figure 2.7: Cadastral Regions of the Bisri Project Page 14 of 94 Table 2.3: Bisri Project Municipalities in Municipal Federations Municipal Federation Bisri Project Municipalities South Iqlim El kharroub Bsaba; Mazraat El Dahr Chouf El Souayjani Mazraat El Chouf Chouf El Aala Aamatour; Bater Jezzine Aariye; Benouati; Bkassine; Midane 2.6 Land Utilisation Despite the presence of extensive agriculture, the BisriValley upstream of the dam site is very sparsely populated, with no significant settlements or communities beyond family groups. The majority of land owners are absentee landlords, and most of the families present are tenant farmers or seasonal labour. Throughout the reservoir area there is a total absence of non-agricultural commercial or industrial activities. Table 2.4below represents a general view of the type of land uses within the reservoir area. The distribution of land uses by area only shows an initial interpretation of where the bulk land use lies (Figure 2.8). Photographs of typical examples of current usage are shown in Figure 2.9. Table 2.4: Estimated Distribution of Land Use within Expropriated Area Approximate Area % of Total Land Use - ha expropriation Open Field/Fallow 148 26% Natural Vegetation 131 23% River Bed and Bankside Vegetation 105 18% Open Land 99 17% Pine Woodland 82 14% Poly-tunnels 4 0.7% Built-up Area 1 0.2% Total 570 100% Built up areas in the reservoir area include: ï‚· A small number of significant farmsteads, one with a private menagerie; ï‚· Owner’s residences, mostly second homes; ï‚· Water tanks, storage rooms, generator rooms; ï‚· abandoned 2-3 storey houses now used by agricultural workers; ï‚· Temporary poor quality shelters, some tented, used by agricultural workers; ï‚· Abandoned collapsing old stone houses; ï‚· Up to 26 designated archaeological sites of interest; and, ï‚· The historic and culturally-valued Mar Moussa Church and adjacent structures. Page 15 of 94 Agricultural lands include open fields variously tilled, cropped, laid fallow or under poly- tunnels. Of the total number of trees planted, 27% are Oak, 17% are citrus, 9% are pine, and 7% for each olivesand pomegranate trees. The remaining 40% are mainly fruit and forest trees and crops (such as Grapes, Peach, Pear, Apricot, Avocado, willow, poplar, etc.); while flowers and strawberries are grown in poly-tunnels. Open land is generally unused land with only sparse natural vegetation or scrub. River bed areas include braided flow channels, gravel and sand banks, and the natural vegetation includes areas that are well vegetated but for a variety of reasons have not been developed for agriculture. Pine woodland comprises stands of mature pine trees with relatively little undergrowth that are harvested annually for pine nuts. If properly addressed prior to clearance, they will yield significant tradable timber. Downstream of the dam site, only the first 700m from the dam site are used as agricultural fields, the remaining area where the conveyor will be built, is mainly forest and valleys. The 500 m zone, off the future shoreline, in which elevations reach some 800 m, comprises sparsely inhabited areas and valley slopes often devoid of significant vegetation. Where terracing is maintained, citrus and olive predominate. There are also outlying houses from the villages of Bater, Bhannine and Aariye. The 1,000 m off the future shoreline, zone spans the tops of the surrounding hills and takes in the main areas of development at Bsaba, Aariye, Ghbatiyeh and Midane, together with outlying properties of other villages. Between the scattered settlements, terraced slopes, hilltop fields, natural vegetation and woodland prevail. The panorama of these settlements is dominated by a metalled road that links Jezzine Town to Mokhtara Village in the Chouf. Page 16 of 94 Figure 2.8: Current Land Use within Bisri Reservoir and Buffer Zone from GE Imagery Page 17 of 94 General view; cropped fields and pine woods A substantial residence used by seasonal workers Housing for seasonal farm workers Housing for seasonal farm workers Fine grass for cutting as turf Quarry in the Chouf Sandstone Poly-tunnels wherestrawberries are grown Pine woods reminiscent of once greater forest cover Figure 2.9: Current Land Utilisation within Bisri Reservoir Page 18 of 94 3 SOCIAL BASELINE CONDITIONS 3.1 Introduction and Methodology of Socio-economic Survey Lebanon has long suffered the lack of accurate comprehensive socio-economic analysis because no national census has been undertaken since 1932, and while sample surveys in selected areas and communities have been carried out, no such survey is available for the sparsely populated NahrBarouk/NahrBisrivalley. The area was not included in the priority areas of the Department of Real Estate at the Ministry of Finance, for which UNDP has financed land ownership surveys and computerized storage/retrieval system. This section will provide a broad description of the social baseline conditions of the communities and individuals affected by the project, the characteristics of the PAPs and their activity patterns. In the context of the RAP, Project Affected Person (PAP) are not limited to people living or working in the inundated area and buffer zone. PAP is defined as any person, residing or not residing in the project area, that will be impacted negatively and lose their land, livelihood, or asset. The affected communities are divided into three groups: ï‚· Residential PAPs, ï‚· Non-Residential PAPs, and ï‚· Vulnerable Groups. With finalized project design showing the expropriation limitswithwell identified plots ownerships, the Winter2014 SocialSurvey, followed by a Landowners Survey, in March-April of the same year,were conducted. 3.2 Residential Project Affected Persons (PAPs) Upon inundation, residents within the reservoir area will lose their source of livelihood and accommodation. Of particular relevance to the Bisri project is the temporal (seasonal) nature of both residency and employment. 3.2.1 HouseholdSize A Household Survey has been conducted during the months of January-February 2014, covering the 100% of Households affected by the Project. The survey has identifieda total of 135 structures out of which 49 residential and inhabited dwellings and the remaining 86 are either emptystructures or non-residential such as animal shelters, barns, storage rooms, warehouses for agricultural inputs, etc. The 49 residential households, that were interviewed, grouped a total of 238 individuals living in the area making the average household size; 4.8 approximately the same as the national average9. 9 The average Household size in Lebanon was 4.23 in 2007 according to the Central Administration of Statistics. Page 19 of 94 3.2.2 Age and Sex structure In the area to be expropriated for Bisri project, considering only the interviewedhouseholds, there was a 50% gender split between female and male (Figure 3.1); the age group was divided 44% minors10 and 55% adults11as illustrated in Figure 3.1. Gender Female 50% 50% Male Figure 3.1: Population Distribution by Gender (Feb. 2014) 10 Minors are under age 18 composed of Infants and Dependent children. 11 Adults range between 18 and 65 Page 20 of 94 Age 60% 55% 50% % of Individuals 40% 30% 30% 20% 14% 10% 1% 0% Infant Dependent Adult aged 0-4 5-17 18-65 65+ Figure 3.2: Population Distribution by Age(Feb.2014) The population was skewed towards the adult population because most residents are present for reasons of employment, there are no educational facilities for minors, and the lack of communication and public infrastructure deters the elderly. 3.2.3 Nationalities As shown inFigure 3.3, the majority (73%) of residents are not Lebanese nationals but other Arabs including Syrians, Syrian Kurds, Palestinians and Egyptians. While much labour is seasonal, many workers from Syria have chosen to stay on land after harvest, waiting for the next planting season because they have nowhere else to go and are unwilling to return to the on-going unrest at home. Nationality of Residents Lebanese 27% Lebanese Other Arab Other Arab 73% Figure 3.3: Nationality of Surveyed Residents(Feb. 2014) Page 21 of 94 3.2.4 War Refugees Some Syrian seasonal workers have chosen to remain on site and not to return to the present turmoil of the on-going Syrian uprising. Some of which have brought their relatives into the Valley fleeing the continuing civil unrests back home. While the 57% of the total 49 surveyed households, have considered themselves non- refugees (could be Lebanese nationals and/or long-time residing foreigner), the remaining 43% have declared themselves war refugees, of which 80% got registered with the UNHCR. 3.2.5 Education and Health The level of education among PAP households, measured by their illiteracy rateshows high levels of illiteracy(31%) and low education levels (60%) among the resident population of the valleyas given under belowFigure 3.4. Baccalaureat / Master Degree High School 1% Educational Level 8% illiterate illiterate 31% elementary / Middle / Brevet / Read & Write Baccalaureat / High elementary / School Middle / Brevet Master Degree / Read & Write 60% Figure 3.4: Education Level of Resident PAPs On health, most interviewees (76%) reported no chronic health problems, the remaining 24% suffersome or more of the following: stress relateddisease, migraine, bone calcification, coronary disorder, respiratory disorder, hearing impairment, or urinary tract disorder. Not all workers receive health insurance12 and since there is no unemployment welfare, the labour force depends on employment for health benefit. 12 NSSF (National Social Security Fund) is a health insurance and end-of service pension Page 22 of 94 3.2.6 Economic Activity and Income The vast majority of the residing productive population i.e the 90% are occupied into the agricultural, farming and forestry sectors. Working field crops is the main occupation for 79% of the valley population, followed by the tree crops with 67% and only the 9% of households is occupied looking after greenhouses as illustrated inFigure 3.5. Unused plots primarily comprise natural vegetation, unfit or abandoned land. In addition to traditional field (e.g. winter vegetables) and tree crops (e.g. citrus, olives, walnuts and loquats), agricultural activities include cattle, winter grazing of sheep and goats, grass cut for turf, with strawberries and fresh flowers grown in poly-tunnels. The natural stands of pine trees are harvested for their seeds. Many of the cropped areas are irrigated. There are no industrial or non-agricultural commercial enterprises within the area to be expropriated and given the limited access to the area, in the absence of metalled roads, there is no significant off-farm retail selling at roadside stalls. Lands Occupation 90% 79% 80% 70% 67% 60% % of Households 50% 40% 30% 20% 9% 10% 0% Field Crops Tree Crops Green Houses Figure 3.5: Participation of Households in Different Types of Farming The majority of residents (87%) claims to be skilled agricultural and fishery workers, whom c.60% claims to make a monthly earning of 0-500$ (Figure 3.6)13, which does not reflect readiness to relocate. Moreover, only 15% have other sources of income from agricultural farming/rental/commercial activities; the larger segment of the workers relies solely on the job salary as their main source of income. 13 Salary data are not always reliable Page 23 of 94 Workers earning 70% 59% 60% % of Households 50% 40% 30% 25% 20% 9% 10% 6% 1% 0% 0-500 500-1000 1000-2000 2000-4000 No answer Monthly income (USD) Figure 3.6: Population distribution by monthly income ($) The unemployed population is over the 50% of the valley population and is mainly composed of minor and/or house-makers that live with their families. The unemployment rate is much higher among non-Lebanese resident (63%) than their Lebanese counterparts (40%). 3.2.7 Key Social Indicators The key social indicators for projects in Lebanon commonly include demographic profile, access to public utility services (roads, electricity , telecoms, water, wastewater and drainage) and community services (schools, health centres, recreational facilities, Non- Governmental Organizations and public open space), land ownership and utilization, standards of public health, educational attainment , employment and income-generating activities. There is very little access to public utility services within the reservoir area. More than 70% of the households obtain their domestic water from springs while the remainder depends on the river and wells and very few (4%) depends on tanker fillers (Figure 3.7). None of the properties are connected to public sewerage; 55% discharge to holding tanks which in turn infiltrate to the ground, and the other 45% discharge directly to the river (Figure 3.8). Page 24 of 94 Source of Domestic Water Water Tankers, 4% Well, 8% River Spring Water Water, River Water 16% Spring Water, Well 71% Water Tankers Figure 3.7: Main Source of Domestic Water Connection to Sewerage System Direct Discharge, Sanitary Hole 45% Sanitary Hole, Direct Discharge 55% Figure 3.8: Sewage Disposal Methods Within the reservoir and the adjacent valley slopes there are no community facilities other than the historic Mar Moussa Church adjacent to the dam, which holds ceremonies only once a year on St. Moussa Day due to the poor access road. Most residential properties are basic in structure and facilities. 90% of the interviewed households confirmed that their main residence is in the valley. While 63% of households are composed of more than 4 family members, 84% of these households are composed of 1-2 room-house, (Figure 3.9). More than 50% of those interviewed do not have a refrigerator, air conditioner, electric generator or Landline phone (Figure 3.10). Page 25 of 94 The ability to maintain personal hygiene, clean living conditions and safe food preservation is therefore of major concern, particularly in the absence of, and at a distance from, any type of health or medical facility. Number of rooms in Household Dwelling 50% 45% 45% 39% 40% 35% % of Households 30% 25% 20% 14% 15% 10% 5% 2% 0% 1-room 2-room 3-room 6-room Figure 3.9: Households Lacking Standard Domestic Equipment Lack of Standard Domestic Equipments 120% 96% % of Households 100% 73% 80% 61% 60% 51% 49% 40% 14% 20% 0% Figure 3.10: Unavailable belongings in Interviewed Households 3.3 Non-Residential PAPs 3.3.1 Landowners To complement the 100% Household Survey that covered families resident within the area to be expropriated – the dam footprint, the area to be inundated, the buffer zone and the transmission pipeline to Awali Reservoir - the ESIA/RAP Consultant undertook a survey of Page 26 of 94 landowners not residing permanently within these areas. The cadastral plots to be expropriated and the names of the owners of each are registered with the Cadastre at the Ministry of Finance and form an integral part of the Expropriation file prepared by the dam designer. The Cadastre records do not, however, record contact details such as addresses and telephone numbers. In the absence of a national census it is therefore extremely difficult and time consuming to locate individuals, particularly since many of the 861 owners of the 966 plots were known to reside outside the immediate project area. While municipalities and village Mukhtars are generally considered knowledgeable as to the location of individuals within close proximity of their limited area of operations, they also do not have recourse to formal records. Much therefore has to depend on longevity and social inclusion of municipality members and Mukhtars in providing access to an extensive memory bank. For the present survey the Consultant did not limit the search or data to municipalities and Mukhtars but included shop keepers and other established community residents to seek out contact details. Once the investigations identified a likely contact, meetings were arranged and the survey questionnaire completed. Those whom the surveyors consulted for assistance in locating owners included but were not limited to, those listed in Table below. Table 3.1: Prime Contacts for Tracing Landowners Area Position Area Position Aamatour Mukhtar KhirbitBisri Mukhtar Aamatour Head of Municipality Mazraat El Chouf Mukhtar Aamatour Mukhtar Mazraat El Chouf Head of Municipality Al Ghabbatieh Mukhtar Mazraat El Chouf Municipality Member Bater Clerk to the Ghaith Family Mazraat El Chouf Municipality Member Bater Clerk to the Khattar Family Mazraat El Chouf Clerk to the Municipality Bater Clerk to the Rabih Fares Mazraat El Chouf Two Mukhtars Benwati Head of Municipality Kahlouniye Mukhtar Benwati Mukhtar Mazraat El Daher Mukhtar Bisri Mukhtar MidanJezzine Mukhtar Bkassine Mukhtar MidanJezzine Farmer HarfJezzine Mukhtar Niha Clerk to the Ghaith Family 3.3.2 Survey Approach and Methodology Clearly, with so many landowners resident across Lebanon and overseas, a 100% survey was impractical and could not have been completed within the available time frame. In the event, the Consultant managed to expedite the survey of 109 owners who together held 286 plots (30% of the total plots to be expropriated) covering 251 ha (44% of the total 570 ha to be expropriated). While this sample is not random, clearly giving bias to those active in their communities and living or having contacts within villages adjacent to the project site, it represents all those that could be expeditiously located. Of these 109 owners surveyed, 95 were male and 14 female. Page 27 of 94 The Non-absentee Landowners are considered as those where at least one of the following criteria applies i) do rely on the land for their income or livelihood or ii) do live in the project areas under expropriation or iii) do live in the villages surrounding the valley. As such; the Landowners Survey has identified among the 109 Landowners, 90 as Non-absentee of whom 19 who do not generate any income from their lands but they live in the Project catchment area. The remaining 19 Landowners are considered absentees as none of the previously mentioned criteria does apply. Details of these counts are given in hereafter Sections. The majority of survey data were given by the landowners themselves, often sitting with one or more of their joint owners. In the absence of some owners, questionnaires by brothers, sons, wives and other close family relatives. In the case of one owner recently deceased, data were provided by his son. At the outset of the survey it had been assumed the larger landowners would be easier to locate than those with just one or two plots. This proved not to be the case. The land holding of more than half, 57 (52%) extended to just a single plot, while a further 43, (40 %) held 2-5 plots. only 6 owners held 6-10 plots and just 3 more than 11 plots. The largest single land holding for which the owner was included in the survey extended to 25 plots. 3.3.3 Landownership Distribution The land holdings of the 109 are spread widely throughout the expropriation area, the numbers of owners in the different communities being as listed in Table below. As was expected, the greatest number owned land in communities from where the greatest number of plots will be expropriated, i.e. Aamatour and Mazraat El Chouf. Table 3.2: Landownerships by Village No. No. Community Community Owners Owners Aamatour 45 Jezzine 3 Mazraat El Chouf 21 Bhennin 2 Benwati 16 Al Ghabbatieh 2 Mazraat El Dahr 10 Al Haref 2 Bisri 2 Aray 1 Al Midane 3 KhirbitBisri 2 Those surveyed were almost evenly split between 56 sole owners (51%) and 53 joint owners (49%). 3.3.4 Landowners Places of Residence Of the 109 interviewed, 71 were recorded as local, i.e. resident withinthe Catchment Area of the Project. The other 38 respondents, 35%, were resident elsewhere as shown in Table below. Page 28 of 94 Table 3.3: Places of Residence of Non-Local Landowners Location No. Owners Greater Beirut, including Beirut City 16 Saida and elsewhere in the South 8 Northern Parts of Mount Lebanon 10 Southern Parts of Mount Lebanon 4 TOTAL 38 3.3.5 Landownership and Livelihood Of the 109 landowners 58 declared that the lands, they owe in the valley, generate at least part of their income. While other 32 landowners, who are permanently resident in the catchment area, declared that the owned lands do not generate any income. Table below summarizes the distribution of the income generation from the owned land among the interviewed landowners. Table 3.4: Landownership and Livelihood Landowners Income Landowners Nr those who get half of their income from the land they owe 3 those who get the main of their income from the land they owe 5 those who get most of their income from the land they owe 3 those who get some of their income from the land they owe 47 Sub-Total 58 The land they owe is not source of income 32 Sub-Total 32 GARND TOTAL 90 The remaining 19 landowners declared to live elsewhere, outside the catchment areaand to generate no income from their lands. 3.3.6 Lands Occupancy While 46 (42%) of owners claimed to take some part in the agricultural activities on their land, 63 (58%) did not. However, only 6 owners had a tenant undertaking or overseeing activities on their behalf. Some owners employ significant numbers of seasonal workers paid a daily rate to assist with planting and harvesting, but few permanent and/or salaried employees. Only 22 of the 109 (20%) owners claimed to employ any workers. Of the 22 owners, 2 expected to relocate their workers to other land holding outside of the expropriations area, one would consider relocation, while another would think about it. The majority, 18 of the 22, would not relocate workers. Page 29 of 94 3.3.7 Landowners Opinions about the Project As usual in such surveys, all 109 respondents were given the opportunity to record their free thoughts and opinions, which fell into three broad categories as shown in Table below. Table 3.5: Landowners Final Thoughts Opinion Number Percentage Fundamentally opposed to the project 29 27% and to land acquisition Tacit acceptance of the project providing rates of compensation are 43 39% fair and there are benefits for affected communities No comment 37 34% Total 109 100% 3.4 Vulnerable Groups There are no indigenous tribes or ethnic minorities. The distinction between areas, municipalities and villages is essentially along confessional lines, with Muslim, Christian and Druze communities all present within the vicinity of Bisri Reservoir. Primarily comprising Lebanese citizens, each person is treated equally under the Law without institutionalised discrimination of injustice. Vulnerable groups identified in the project area are as follows: ï‚· Lebanese residents and labours with no legal rights; ï‚· Foreign Property occupants; and, ï‚· Foreign farm labourers. Such persons may require assistance at all stages of the expropriation process; negotiation, payment and physically moving to a new accommodation. The treatment of vulnerable persons will be a major expropriation monitoring and evaluation Key Performance Indicator. 3.4.1 Women and Children While the half of the valley residing people is composed of female population, with total of 120 women,out of 238 total affected residents, the young population, composed of infants (< 5 years) and young children (< 17 years), constitutes 44% of its population. When interviewed, 75% of the 49 households admitted that adapting to the new environment would be the problem for the displaced women and their children because of the project. Within the agricultural families working in the reservoir area, many women play equal part in farming activities in addition to their other gender-related duties, homemaking and child- rearing. Children also participate in agricultural work and in housekeeping. Page 30 of 94 Some women are land owners or heirs of the land. Although land ownership and related legal entitlement in Lebanon is gender-neutral and numerous legal mechanisms provide absolute security of rights to any female PAP to any compensation due under the project, threats may still be found in some families where the male family members will attempt to usurp their rights. These concerns are heightened by two factors: - The relatively low rate of female ownership of plots compared to males suggesting a strong and continued male bias inheritance/revenue allocation; and - The high illiteracy rate among rural women. Unlike other countries, Lebanese Lawimposes no constraint on the ability of a woman to manage her own financial resources. It is therefore proposed that a poster campaign to increase awareness of women’s rights be held in the PIC and municipal centres of the affected communities, and Non-governmental Organizations (NGO)/ Community-based Organizations (CBO) offer counselling services. This is to be organized and managed by the Expropriation Consultant responsible for land acquisition management. 3.4.2 Lebanese Houses Tenants with no Legal Rights As said earlier; 14 Lebanese households (out of 49) were identified into the Valley. Among those,eight households (totalling 47 persons) were non-Owner of the property where they live while the other six owe the place where they live. None of the identified 8 non-Owner- tenants has a Tenancy legal right to claim upon relocation under the Lebanese Law. All 8 have claimed to occupy the dwelling based on a mutual agreement with the Landowner. 3.4.3 Un-contractual Lebanese Labourers The 2014 Household Survey revealed that, within the Project area, there are 64 Lebanesenationals residing in the valley, of which 39 persons are part of the Valley working force while the remaining are unemployed. It is to be noted that none of the 39 workers has a formal job contract and as would receive limited compensation for their loss under the Lebanese Law. 3.4.4 Foreign Property Occupants Among the total residing households that were surveyed (49), 71% were non-Lebanese tenants. While only one tenant, with his 8 family members, of these 35 foreign households (totalling 174 persons), has a legal tenancy right, the remaining 34households(165persons)do not have any formal tenancy-right to the property they are occupying and, hence, havedeclared themselves present on the property based on a mutual agreement with the landowner of the property. 3.4.5 Foreign Farm Labourers During frequent site visits the consultants have met a variety of non-Lebanese farm labourers, including Syrians, Syrian Kurds, Palestinians and Egyptians. Those with a permanent residence elsewhere come and go seasonally, for planting and/or harvest. Page 31 of 94 Others come with their families and either take over one of the vacant houses or set up camp within the area in which they are working. Only 64 personsof these non-Lebanese people, totalling 174 persons, were employed in a job, while the remaining 110 persons were unemployed. None, of these foreigner workers, works based on a formal employment contract, hence they have no legal work entitlement. These people often have no permanent residence elsewhere and may remain on the site between periods of employment for the simple expediency that they have nowhere else to go. 60% of the foreign labours met at Bisri, have been in the valley for less than 2 years. Typically, as the work appears more secure to the male worker, more distant members of his extended family may join him, thus extending the family unit present on the site. With on-going uprising in Syria and continuing “Arab Springâ€? unrest in Egypt, many foreign workers prefer to stay between seasons for the safety of themselves and their family. Although Palestinian residents in Lebanon were given the Right-to-Work in 2010, the Executive Decree has never been implemented in practice. On eviction from their present location, Syrians may decide to go home or to join the many hundred-thousands of refugees already in Lebanon; the Egyptians may return home to an uncertain future, and the Palestinians will return to their camps, unless other employment can be secured. 3.4.6 Summary of Vulnerable Groups Table below summarizes the distribution and vulnerability of people considered vulnerable as detailed above. Page 32 of 94 Table 3.6: Vulnerable Groups Group Lebanese Non- Total no of Vulnerability people Lebanese Lebanese people and Non- Lebanese People Un- 39 64 103 None of the counted 103 workers has a contractual formal Employment contract and as such are workers not protected under the Lebanese law. Property 47 165 212 While of the total 221 tenants, there are only Tenants 9 Tenants with legal Tenancy rights, the with no other212 people, shown herein,reside in the Legal property based on mutual agreement with Right landowners, and as such these are not protected under the Lebanese law. Page 33 of 94 4 PROJECT IMPACTS 4.1 Introduction The development of dams always involves the permanent occupation of land, not only for dam construction and reservoir impoundment, but also for new access roads and conveyor line. Land acquisition will result in resettlement of displaced PAPs (Project Affected Persons), relocation of their businesses and rehabilitation of their livelihoods. Road construction will open up poorly accessible remote areas, affording them better access to regional centres, government facilities and public services. However, this might have a downside such as abuse of existing communities, landscape and ecology with trespass, fly-tipping, fire lighting and a range of illegal activities. This section assesses the project impacts and relates them to PAPs, physical areas, and households.The findings and results of impact analysis will help develop measures of income restoration and livelihood rehabilitation. 4.2 Quantifying Impacts During the month of January 2014, the ESIA/RAP consultant has received a detailed and completed CadastralSurvey from the Project Designeralong with the complete expropriation file. The newly received material shows location and exact number of plots with their boundaries identifying exact plots ownership entitlements together with a complete census of physical assets, found on each plot. The above Cadastral Survey and Expropriation Files, now reflecting the almost final design, cover all the lands that will be taken by the Project, where the following was incorporated too: ï‚· The lands downstream the dam that need to be expropriated for the need of constructing the water conveyor line with all associated service roads. ï‚· Clear cadastral affiliation of all the plots has been now made available. The above Cadastral Survey and Assets Census covered the 100% of Lands affected by the project. The key purpose of the this surveying activity was to identify affected people and prepare the inventory of all affected lands with their assets and creating as such the data base of the whole Resettlement Planning. 4.2.1 Number and Areas of Affected Plots Based on the above Cadastral Surveyand Assets Census, it was possible to quantifythe extent of needed expropriationwith exact number of plots and their respective areas as shown in Table 4.1. While Aamatour and Mazraat El-Chouf still maintain the highest shares of the lands to be expropriatedfrom the total Project area, with respectively 31 and 23%, it is worth noting the increase in the lands to be taken fromKhirbitBisri and the newly added Deir-el- Mkhalessregions,for the purpose of aligning the conveyor pipe from the dam down to Awali Plant. Page 34 of 94 While 53ha,composed mainly of river-domaine and roads, are designated as ‘’Public Domain’’, there aresome517ha to be expropriated from private owners. The area of lands to be taken will total 570ha. A total of 966 cadastral plotswill be expropriated in the reservoir area and downstream the dam. These plots arecurrently owned by 861owners. The majority of plots(81%) are to be acquired in their entirety, while the remaining 19% will be partially acquired. The majority of land holdings are large but may be sub-divided between individuals because they are most family-holdings(Table 4.1). Table 4.1: Extent of Land Take within the Reservoir Area No. of plots No. of plots Casa Cadastral No. Expropriated % Area totally partially Region Plots Area (ha) Expropriated expropriated expropriated Aamatour 310 279 31 160 31% Mazraat El Chouf 277 225 52 120 23% Mazraat El Dahr 55 36 19 42 8% Chouf KhirbitBisri 13 4 9 18 3% Bater 14 6 8 8.8 2% Bsaba 9 5 4 6.8 1.3% Deir el-Mkhaless 3 0 3 2 0.4% Sub-Total 681 555 126 357.6 69% Midane 80 70 10 48 9% Harf 69 64 5 46 9% Bisri 74 62 12 44 9% Jezzine Bhannine 28 15 13 10 2% Ghbatiyeh 4 1 3 6 1.2% Benouati 27 19 8 4 0.8% Aariye 1 0 1 0.95 0.2% Bkassine 2 0 2 0.3 0.1% Sub-Total 285 231 54 159 31% Expropriation Grand 966 786 180 517 100% Total "DomainePublique" (river + roads) 53 Total Land take 570 As said earlier the area to be taken amounts a total of 570ha. These include areas needed for the dam, access roads, buffer zone around dam and reservoir,and conveyor pipe.It is expected that 434ha will be inundated. The estimated area that will be used for the conveyor line will take some 7.5ha of lands and some129 ha will be used to cover theneeds for roads, buffer zone around the lake and at immediate downstream of the dam. The Land use under the future project area, including the conveyor line is presented in Table 4.2 below. Page 35 of 94 Table 4.2: Future Land Use within the Project Area Land Use Type Area (ha) Area to be inundated at 468m water level 434 Area of 15m offset Buffer zone around lake and area downstream the dam 128.5 Area to be expropriated for the conveyor line 7.5 Total area to be taken 570 Using the recentCadastral Survey and Expropriation File, the ESIA/RAP Consultant was able to update the figures related to the number of plots owned by either one or multiple owners in the Project zone.Distribution of Landowners by cadastral region is given under Figure below. Distribution of Landowners by Cadastral Region all others in Jezzine, 3% Benwati, 5% Mazraat Echouf El-Harf, 7% Aamatour Bisri Mazraat Echouf, 32% Mazraat El-Dahr Midane, 12% all others in Echouf ,0 Midane all others in Echouf, 3% El-Harf Mazraat El- Benwati Dahr, 3% Bisri, 5% all others in Jezzine Aamatour, 30% Figure 4.1: Distribution of Landowners by Cadastral Regions 4.2.2 Loss of Productive Land While the Bisri reservoir area is sparsely inhabited, the loss of productive land and natural vegetation is extensive. Productive land is defined as the fertile soils and the yet-to-be harvested crops. At Bisri, the majority of productive land lost to the reservoir is likely to be lost to agriculture. Loss of productive land can be replaced by land clearance near the Page 36 of 94 project area, however given the general steepness of the slopes; there is little opportunity to extend crop production in the area. The Assets Census Survey that the Dam Designer prepared for the purpose of the Expropriation, has identified large varieties of planted crops that will be lost. Therefore, the loss of agricultural land includes open fields variously tilled and improved over generations, cropped, laid fallow or under poly-tunnels. It is estimated that loss extends to some 150 ha, 26% of the area to be taken. The braided river bed and natural bankside vegetation occupies 105 ha. The remaining area is primarily uncultivated natural vegetation on the bottomlands away from the river and generally open land and scrub on the lower valley slopes. The lands to be taken vary in type, ownerships and use. While the “Domaine Publicâ€? Lands total an area of 53 ha, 517 ha of lands will be taken to their private owners. Table below summarises the type, use and areas of lands that will be affected. Table 4.3: Type and Use of Lands to be Taken Ownership Total Land use and cover Public Private m2 m2 m2 Irrigated Agricultural Fields at distance of >100m from river 1,480,000 51,874 1,428,126 Other open rocky and steep slope lands 990,000 31,515 958,485 Natural bush vegetation flat 1,050,000 322,610 727,390 Accessible Natural Pine Woodlands 820,000 42,015 777,985 Natural bush vegetation sloped 1,310,000 82,089 1,227,911 TOTAL* 5,650,000 530,102 5,119,898 * the total area does not include the 1 and 4ha of Built-up area and Poly-Tunnels that are included under the structures and other attachments categories respectively shown here after. 4.2.3 Property Take/ Built-up Structures Demolition Based on the Designer CadastralSurvey and Assets Census, the number of built-up structures to be inundated is estimated c. 135 over a total number of 88 plots with a total area of around 1.0ha.Themajority already abandoned (some derelict) or only providing seasonal accommodationfor agricultural labourers. The building structuresareresidential, water tanks, storage rooms, generator rooms, animal refuges or religious places. Table belowdetails the type, number, use and area of structures that will be affected. Page 37 of 94 Table 4.4: Structural Assets to be Affected Structural Asset Structure Use Nr m2 Basic housing, concrete inhabited 36 1,899 Old house inhabited 2 345 Concrete shelter for Agricultural workers inhabited 11 1,105 New house empty 14 2,159 Basic housing, concrete empty 9 372 Old house renovated empty 3 371 Storage room concrete non residential 18 1,101 Animal shed, concrete walls and floor non residential 2 194 shelter wood, plastic non residential 15 665 Old degrading house non residential 24 1,822 Mar Moussa Church non residential 1 95 TOTAL 135 10,128 The Social Survey showed that most of the residential structures and premises, that were surveyed, are located in Chouf Casa (59%) as shown in Figure 4.2, with the highest percentages forAamatourand Midane with 37% and 29% respectively. The 66% of houses are made of concrete, while the remaining are made of wood, nylon and other less durable materials as shown in Figure 4.3. Residential Houses by Caza Jezzine 41% Chouf Chouf Jezzine 59% Figure 4.2: Distribution of Residential Houses by Caza Page 38 of 94 Wooden House Type of Dwelling Apartment 6% House 6% Room 10% Temporary Shelter (Tent) Temporary Room Shelter (Tent) 12% House Apartment 66% Wooden House Figure 4.3: Type of Dwelling. 4.2.4 Loss of Field Crops Seasonal field crops could be either found covered under poly-tunnels mainly strawberry and flowers plantations or un-covered vegetables that accounts for the largest field crops area as shown in Table below. Table 4.5: Estimated Areas of Field Crops Field Crops m2 Strawberry under Poly-tunnels metal - plastics 40,000 Rose and other Flowers under Poly-tunnels metal - plastics 27,000 Open Field crops (Tomato, Lettuce , fava bean, cabbages and others) 200,000 Total 267,000 Page 39 of 94 4.2.5 Number of Trees to be cut There are total of 110,814 trees that will be cut from the Valley. These include 28,737 young trees and 82,077 mature trees distributed between fruit and non-fruit trees as given in Table below. Table 4.6: Estimated Numbers of Trees FOREST TREES No. of Trees Young Mature Pine 3413 6501 Oak 3635 15081 Poplar 169 3688 Cypress 22 361 Cactus 15 124 Willow 145 4993 TREE CROPS Young Mature Pistachio 5 0 Almond 91 587 Kiwi 42 188 Loquat 124 211 Peach 658 1829 Pomegranate 4648 2655 Olive 1235 6090 Avocado 1175 1001 Pear 89 533 Orange 6167 12155 Apple 851 751 Fig 125 389 Lemon 287 278 Apricot 8 174 Mango 85 85 Chestnut 0 8 Date Palm 6 49 Sumac 54 0 Pomelo 9 0 OTHER TREES 5679 24346 SUB-TOTAL 28,737 82,077 GRAND TOTAL (Number) 110,814 Page 40 of 94 4.2.6 Other Affected Lands Attachments There are also other assets that could be attached to the lands and that will be affected by the Land Take. These include all equipment and assets that are primarily related for servicing the major occupation sectors into the Valley that are the plant and animal production sectors. Table below provides the quantities of these lands attachment assets. Table 4.7: Other Lands Attachments Assets Other Land attachments Unit Quantity Water ground tank, concrete cubic meter 985 Water tank, elevated, plastic on metal frame cubic meter 910 Poly-tunnels, metal and plastic meter square 40,000 Agricultural and Irrigation Equipments meter square 227,000 Animal shed, concrete walls and floor meter square 2,220 Metal overhead Pergola square meter 115 Metal pipes linear meter 65 Metal wired fence linear meter 1,680 Water channel, open, concrete linear meter 990 * for total area cover refer to field crops area. 4.3 Impactsover Project-Affected-Persons The information about the persons who will be affected by the project draw heavily on the Social Survey conducted in winter-spring 2014 that was divided into Household and Landowners Surveys. In the context of the RAP, Project Affected Person (PAP) is defined as any person, residing or not residing in the project area, that will be impacted negatively and lose their land, livelihood, or asset and right. The affected communities are divided into Residential PAPsand Non-Residential PAPs. There are total of 238 residents that were identified by the Household Survey. Of these 238, there are 17 Lebanese Residents, 47 Lebanese residents who are Non-owners and the other 174 are all non-Lebanese residents with or without a rental contract. As mentioned in earlier Sections, and as part of the Residential PAPs, Non-Absentee Landowners are those,not living in the expropriated area, and where at least one of the following criteria applies i) do rely on the land for their income or livelihood or ii)do live in the villages surrounding the valleyi.e the Project Catchment Area. As identified by the Landowners Survey, there are estimated 861 Lebanese landowners that will be affected by the Project, 6 of whomreside in the Valley with their family members (totalling 17 residents as mentioned above), 90 are considered Non-absentee Landowners Page 41 of 94 and the remaining 765 are considered as Absentee Landowners, according to the above mentioned definition. Number, category and distribution of Project Affected Persons are given in Table below. Table 4.8: Project Affected Persons Residents within the Landowners expropriation limits (households) Non Lebanese Non-Absentees Lebanese TOTAL TOTAL Landowners Absentees Resident District Cadastral Region Non-Owners Landowners Residents Aamatour 11 11 75 97 3 38 213 254 Mazraat El Chouf 1 6 16 23 1 19 256 276 Mazraat El Dahr 0 0 23 23 0 9 14 23 KhirbitBisri 0 0 0 0 0 2 2 4 Chouf Bater 3 0 9 12 1 0 13 14 Bsaba 0 0 0 0 0 0 9 9 Deir el-Mkhaless 0 0 0 0 0 0 2 2 Sub-Total 15 17 123 155 5 68 509 582 Midane 2 13 34 49 1 6 96 103 Harf 0 17 17 34 0 2 58 60 Bisri 0 0 0 0 0 2 41 43 Bhannine 0 0 0 0 0 2 15 17 Jezzine Ghbatiyeh 0 0 0 0 0 2 2 4 Benouati 0 0 0 0 0 7 38 45 Aariye 0 0 0 0 0 1 0 1 Bkassine 0 0 0 0 0 6 6 Sub-Total 2 30 51 83 1 22 256 279 GRAND TOTAL 17 47 174 238 6 90 765 861 4.3.1 Residential Resettlement The 2014 Social Household Survey confirmed that most landlords in the project area are absentee landowners. All the resident-six-owners are Lebanese, totalling, with their family members to 17 individuals. While the Social Survey found only one non-Lebanese household tenant, with tenancy entitlement dating after 1991, the remaining valleyresidents (42 households) have no tenancy title but occupy the premises.They live andwork, based ona mutual agreement with the landowners. The vast majority of these tenants (80%) are non- Lebanese, as detailed in Table here below. Page 42 of 94 Table 4.9: Residence and Property Tenancy in the Project Area Nr Households Nr of Persons TENANCY RIGHT Other- Lebanese Total Lebanese Other-Arabs Total Arabs Resident-Owner 6 0 6 17 0 17 Resident-Renter 0 1 1 0 9 9 Resident Upon Mutual Agreement 8 34 42 47 165 212 TOTAL 14 35 49 64 174 238 4.3.2 Loss of livelihood Construction of Bisri Dam will have an economic impact on families’ livelihood, by forcing them to lose their source of income and employment, driving them to search for new job opportunities, and adapt to new environments. As said earlier, the main loss to future reservoir will be from the productive agricultural lands, in the valley, where the 90% of the total working force works in the agriculture and hunting sector (Figure 4.4). Real estate, Electricity, renting & water, Fuel, Health and business 1% Mining and Social Work, activities, 2% Quarrying, 1% 3% Education, 3% Agriculture, hunting and forestry, 90% Economic Activity Figure 4.4: Economic Activities As Table below depicts; 87% of total working force (90 of 103) is employed as skilled agricultural and/or fishery workers, the remaining 13% occupies jobs into other clerical or management sectors. While the 67% of the agricultural working force are non-Lebanese, the remaining 33% are Lebanese composed of owners and non-owners families that live in the Valley. Page 43 of 94 Table 4.10: Active and Non-Active Population inthe Project Area EMPLOYMENT (Number of individuals Lebanese Other-Arabs GRAND TOTAL affected) Skilled agricultural and fishery workers 30 60 90 other Working force 9 4 13 Sub-Total of Active Population 39 64 103 Non-Active Population 25 110 135 GRAND TOTAL 64 174 238 Among the 103 total working force in the Valley, the households Survey has identified 70 full timer workers and the remaining 33 have declared to be part time seasonal workers. On the other hand, the loss of productive lands will not only affect the resident people in the valley but those also who live elsewherebut working their agricultural lands, into the valley, returns them a living. In fact; the Landowners Survey has identified atotal of 58 landowners who could fully or partly rely on the lands for their income and livelihood and not living within the area to be expropriated,on top of which to be added the 6 resident Landowners who live and work their lands in the Valley. 4.3.3 Impact on Foreign Workers Table below details the distribution of foreign population in the project area, when the 2014 Social Surveywas undertaken. It shows an overall distribution of foreign workers among the residing non-Lebanese population. Table 4.11: Foreign Population and Workers in the Project Area 0f them total Total Description Unit Working foreigners Foreigners Non-Refugees individuals 72 36 Refugees Registered with UNCHR individuals 79 25 Refugees Not Registered with UNHCR individuals 23 3 GRAND TOTAL individuals 174 64 Out of the total 174 resident foreigners (representing 35 households), 64 are employed as workers but without formal contract.60% of these foreign households have been in the valley for less than 2 years, at the time they were surveyed (Table 4.12) and 83% of these foreign labours work as skilled agricultural and fishery workers (Table 4.13). Page 44 of 94 Table 4.12: Residency Time of Foreign Workers in the Project Area Residency Time for Foreign workers Nr of Household % (year) < 6months 12 34% 1 9 26% 1.6 1 3% 2 1 3% 2.5 1 3% 3 3 9% 4 5 14% 6 1 3% 15 2 6% TOTAL 35 100% Table 4.13: Occupational Activities of Foreign Workers Foreign Workers Nr of Household % Skilled agricultural and fishery workers 29 83% Service workers and shop and market sales workers 1 3% Plant and machine operators and assemblers 1 3% Legislators, senior officials, and managers 1 3% Unemployed 3 9% TOTAL 35 100% While none of the above foreign workers work based on contractual terms, the 97% (34) ofthe households they occupy is based on mutual agreement between landowners and tenants without a formal tenancy contract with the land or property owners. Moreover,the displacement of PAPs by the project, will just aggravate furtherthe precarious income conditions of these 64 workers with their families, knowing that 82% of these foreign workers earn less than 500USD monthly, to satisfy the needs of an average family of 4.8 members. When asked where they would go if were forced to relocate, the answers showed high level of uncertaintyof these workers. Half (51%)of themdid not have a clear idea where would be their destination when asked to move, while the Lebanese Bekaa valley14 was the prime destination for those who answered positively (Table 4.14). 14 This is because that most Syrian refugees are stay in the valley, and the government of Lebanon has various programs assisting refugees in the area. Page 45 of 94 Table 4.14: Destination of Preference of Foreign Workers when Displaced Where to move ? Nr of Household % Don’t Know 18 51% Bekaa 8 23% Syria 3 9% Damour 2 6% Place of work 2 6% Tripoli 1 3% Will not Leave 1 3% TOTAL 35 100% 4.3.4 Land value fluctuation Of the 966 plots to be expropriated, 81% are to be acquired in their entirety, while the remaining 19% will be partially expropriated and the land holding effectively severed. Reduction in plot areas will result in land value fluctuation that will vary according to multiple factors, including: ï‚· The area taken, its proportion of total plot size and viability of the residual area; ï‚· Where the land is built on, and particularly with vertical subdivisions, the effect of the land take will be greatly diluted by the number of owners; ï‚· Whether the impact of the project for which land is taken would cause a change in the value of the remainder. For example, residual shoreline property may acquire a very high development value once the reservoir is established. 4.4 Summary of Impacts As a result of lands acquisition, for the purpose of Bisri Project, there will be a total of 570 ha of lands to be taken from either their private and public owners. Number of buildings will be demolished totalling 135 structures constructed from various types of material. A total number of 110,814 trees will need to be cut in addition to about 27 ha of Field crops. In all, the lands and assets loss will affect total of 861 ownerships of whom 96 landowners are considered residentsand relying on their lands for their livelihood, in additionto 221 non- Owner-property tenants and 103 workers into the valley. Table below summarises the magnitude of impacts due to the lands and properties takes over people, their rights, lands, employment, and other assets. Page 46 of 94 Table 4.15: Summary of Impacts Field Crops Structures Workers Tenants Owners Trees Land Summary of Resettlement m2 ha Nr Nr Nr Nr Nr Impact Reservoir area including all buffer zone around 485 119 107,426 186,000 789 187 89 Dam foot print 29 12 1192 67,000 23 34 14 Associated facilities: transmission line, access road* 56 4 2196 14,000 49 0 0 TOTAL 570 135 110,814 267,000 861 221 103 *Although Power Plant location and area are yet to be finalised by the Dam Designer, it has been estimated that the plant will require an area of about 10,000 m2 that are not included in the above total land area. Page 47 of 94 5 EXISTING LEGAL AND POLICY FRAMEWORK 5.1 Introduction Lebanon’s overall perception of property rights is considered low. The country came 96th out of 178 states in the 2014Index of Economic Freedom 15. The US and UK were 12th and 14th respectively, France came70th, and North Korea was 178th. Of the Arab states, Bahrain was 13th, UAE 28th,Qatar30th,Jordan 39th, Kuwait 76th, Saudi Arabia 77th, Yemen 123rd and Egypt 135th. The Index reflects: ï‚· The degree to which a nation’s Laws protect private property right; ï‚· The degree to which the government enforces those Laws; ï‚· The likelihood that private property will be expropriated; ï‚· The independence of the judiciary; ï‚· The existence of a judiciary free from corruption; and, the ability of individuals and businesses to enforce contracts. Notwithstanding this poor showing, 13-15% of theGovernment of Lebanon (GOL) revenue comes from real estate transactions and property taxes. During the first half of 2012, GOL collected L.L444 billion in property taxes, up 6.5% for the same period the previous year 16. This section of the RAP outlines the existing legal and policy framework related to land acquisition and resettlement in Lebanon, the processprimarily controlled and managed byDecree 3339 of 1930, the Real Estate Law and Law 58 of 1991, the Expropriation Law;and identifies gaps in expropriation and resettlement policy and procedure between Lebanese Law and World Bank policies. 5.2 The 1930 Real Estate Law and Amendments Real estate Laws and regulations in Lebanon date back to the French Mandate and its immediate aftermath. Decision 144/S of 10thJune 1925 defines state owned public property to include the seashore, rivers, lakes and watercourses. Decision275 of 25thMay 1926 defines state-owned private property that may be sold. The primary legislative instrument is Decree 3339 dated 12th November 1930, generally referred to as the Real Estate Law, which deals with all aspects of property acquisition and ownership. It also extends state ownership to include …the ground and everything above and under the ground. Land ownership and related legal entitlement in Lebanon is gender-neutral and ownership and entitlement disputes are frequent, except where land is subject to uncontrolled movement, particularly the resettlement of persons displaced by civil unrest and invasion. Due to the system of extended families and the attitude to land holding, an individual plot 15 A series of 10 economic measurements created in 1995 by the Heritage Foundation and the Wall Street Journal to determine financial stability. 16 The Monthly, Information International, November 2012. Page 48 of 94 may have a large number of owners. Since ownership is recorded in terms of shareholding, the value of any transaction for an individual owner can easily be determined. 5.3 Pre and Post 1991 Tenancies Prior to 1992, rent Laws permitted tenants to automatically renew their contracts and limited the ability of landlords to raise rent other than by minor increases at each contract renewal. It was therefore common for tenants no longer residing at the property to sublease it. With the progressive decrease in the value of the Lebanese Pound (Livre) against the US Dollar from about LL3 in 1975 to aroundLL1500 in the 1990s and where it remains today, rent incomes became progressively insufficient to enable landlords to meet their responsibilities for structural maintenance. To exacerbate the problem, tenancies could be willed through inheritance to offspring who were also resident at the property. Given the high prices in today’s buoyant property market, it is not uncommon for landlords or developers to pay tenants six-figure sums to vacate the property and give up their rights under the old rent Laws. The new tenancy Laws enacted in 1991 relaxed rent control and gave landlords the right to repossess their property at the end of each contract, which for long-term rentals is every 3 years. The new Laws did not curtail the inheritance of pre-1991 tenancies but with time and the progressive break-up of extended families, the practice is dying out. In the event of loss of tenancy through expropriation, compensation is divided between the landlord and the tenant on the basis of the economic value of the tenancy. Thus the landlord is compensated for loss of income as well as for the property while the tenant receives sufficient funds to rent alternative accommodation or make a down payment towards property purchase. 5.4 The 1991 Expropriation Law Lebanese Lawprotects the right to the private ownership and entitlement of land and provides a legislative framework for expropriation that includes the determination of compensation and an appeals procedure for the resolution of disputes. The expropriation requirements for any particular project are contained withinan Expropriation Decree that is specific to the project, issued by the Council of Ministers (CoM). If after eight years from the date of the decree the project has not been implemented, the provision for expropriating plots expires and the decree is annulled. Law 58 dated 29th May 1991 authorises expropriation of private property in the public interest only where deemed to be for the public utility, and only in exchange for fair and adequate compensation as determined by an independent judicial committee, the Expropriation Commission (EC). Compensatory payments are always monetary awards and comprise two components: ï‚· Payment for damage to or loss of assets, such as buildings, trees and fences; and ï‚· Compensation for the value of the land. Page 49 of 94 Assessments of the Commission are considered final unless the claim of public interest is challenged by the affected individual. This right to challenge the claim does not extend to an association, municipality, NGO, or corporate entity. The Expropriating Agencies for the Bisri Project will be the Project Proponent CDR,thenine municipalities with land within the inundated area, and the District (Ka’em-Makamiyah) ofJezzine and Chouf. The nine municipalities are: In the Caza of Chouf: - Mazraat El Dahr; Bsaba, Mazraat El Chouf, Aamatour, Bater. In the Caza of Jezzine: - Midane, Benouati, Aariye, Bkassine. Areas not covered by a municipality are directly administered by the Caza. Thus, the Ka’em- Makam(head) of the JezzineCaza will be the administrative agency for land in Bisri, Harf, Ghbatiyeh, and Bhannine while the Ka’em-Makam for Chouf will be the agency for KirbetBisri and Deir El-Moukalles. 5.5 Laws related to usage of natural resources Acquired water rights were recognized in the Order 320 of May 26, 1926, which stated that the water resources were exclusively the property of the State or the Public Domain. It was seen fit to assign a number of exceptional rules for the use of water. A major exception was recorded in Article 3 of Order 144 of June 10, 1925, which specifies the following: Within the public domain, people who had rights of ownership or use under the oldlegal documents before the implementation of the Orderare entitled to a fair and prior compensation for recovery of their rights for public use. 5.6 World Bank Safeguards Policies 5.6.1 General 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 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 Page 50 of 94 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. 5.6.2 Key Principles To achieve this objective, OP 4.12 establishes key principles to be followed in resettlement planning and implementation. Of particular relevance for the proposed project 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 ban 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 is often 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. 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) The previous level of community services and facilities, and access to water or other physical resources, will be restored after resettlement. i) 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. j) The RAP will include adequate institutional arrangements to ensure effective and timely implementation of its provisions. Page 51 of 94 k) Adequate arrangements for internal and external monitoring of RAP implementation will be established. l) 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. 5.6.3 Eligibility for Benefits According to the World Bank definition, “affected personsâ€? refers to all the people who, on account of the activities listed above, 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) further 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 5.6.4 Replacement Costs "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 Page 52 of 94 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 the proposed project, persons deemed “significantly affected,â€? 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. 5.7 World Bank Proceduresfor Land Acquisition and Resettlement To ensure that its key principles are put into practice in an efficient manner, OP 4.12 requires borrowers to follow procedural steps in planning and implementation. The initial step is to determine which GoL entity bears primary organizational responsibility for all aspects of resettlement planning and implementation. CDR bears primary responsibility in the project. Other key procedural steps required by the World Bank include the following: 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 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. Where 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 Page 53 of 94 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 incomes or livelihoods. The form and extent of livelihoods assistance (supplemental to compensation for land or other assets) may vary, depending on the nature of the impact and the availability of feasible alternative 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 in lieu of compensation, the borrower ensures that housing meets minimum standards for sanitation and safety, ensures provision of adequate 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 provides 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. 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 Page 54 of 94 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 fulfillment 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 CDR 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. 5.8 Policy Provisions Specific to the Project As stated above, special policy provisions are necessary 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 GoL laws and regulations. In some cases, this reflects identified implementation performance gaps, where GoL laws and regulations are not effectively observed or enforced. These special policy provisions follow. 5.8.1 Establishing an eligibility cut-off date Establishing and disseminating an eligibility cut-off date protects the interests of both GoL and the potentially affected people. The 2014 household Survey, and based on the final expropriation file, has identified and counted the number of Lands owners, assets and occupants. For this project, the cut-off date for eligibility was established as March 20, 2014 . 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 area, provides the primary basis for determining who is eligible for compensation or other assistance. This protects GoL 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. Page 55 of 94 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 cases, CDR 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 they have been unfairly denied eligibility for compensation or assistance may also avail themselves of the project grievance process. 5.8.2 Compensation for land at replacement cost Land owners, or persons with “legalizableâ€? claims to land, who are affected by land acquisition in the project are eligible to receive compensation at replacement cost. Valuation for land (and other assets) has been conducted by CDR. 5.8.3 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. 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. 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. 5.8.4 Transitional assistance for displaced households Any households affected by housing demolition caused by the project 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. 5.8.5 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 the project 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. Page 56 of 94 5.8.6 Assistance to squatters or others lacking title or legal rights 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. 5.8.7 Assistance to shareholders or labours Shareholders or labours whose livelihoods are disrupted as a result of the project land acquisition are eligible for temporary living support. This support is proportional to the extent and duration of livelihood disruption. 5.8.8 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. The project defines the following as vulnerable persons: the blind, elderly living alone, persons with physical disabilities, persons with mental disabilities, and orphaned minors (under 16 years of age). Vulnerable persons significantly affected by the project 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, or may be provided in the form of a vulnerability assistance allowance. 5.8.9 Restoration of public or community facilities and services Where the project construction requires demolition of public infrastructure, CDR 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, CDR undertakes timely measures to ensure that access is fully restored. To maximize the development impact of the project, 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. Page 57 of 94 5.9 Discrepancies betweenLebanese Law and World Bank Policy From a comparative analysis of Lebanese resettlement policies and procedures and World Bank OP 4.12 safeguard policy on Involuntary Resettlement, the most significant issues upon which current local practice deviates from Bank requirements are the following: ï‚· The extent of stakeholder consultations; ï‚· The participation of PAPs in the resettlement process; ï‚· The mechanism for the payment of compensation; ï‚· The recourse to grievance redress mechanisms; and ï‚· The treatment of those who occupy or use land without entitlement. When differences exist between the Bank Policy on Involuntary Resettlement OP 4.12 and relevant Lebanese laws and regulation, the Bank Policy will prevail. The detail of these deviations and the measures proposed to resolve them for the Bisri Project are given in Table 5.1. Page 58 of 94 Table 5.1: Expropriation Procedural Gaps and How to Fill Them Lebanese Expropriation Law World Bank OP 4.12 Requirement Proposed Gap-Filling Measures for Bisri Stakeholder Consultations Expropriation is initiated by a Council of Ministers The public, including potential PAPs, Stakeholder consultations have been held in Decree signed by the President with no should be informed of the planned several project affected villages on three requirement for prior public debate. project as early in the project cycle as separate occasions. Sessions have also been is feasible. held for Greater Beirut water consumers, the main beneficiaries, and for institutional stakeholders. A Project Information Centre (PIC) will be establishedonce the Expropriation Decree is passed. CDR will follow other provisions of the GBWSAP Consultation and Communication Programmeissued at the outset of the project. PAP Participation There is no mechanism for the participation of PAPs must be informed, consulted and The Public Consultation Sessions have elicited PAPs, and no requirement to inform PAPs until given the opportunity to participate in PAP comment and concern, orally and in publication of the Expropriation Decree planning, implementation and writing. Where written comments have been monitoring ofthe expropriation process made, written responses by the ESIA/RAP and resettlement. Consultant have been included in both the ESIA and the RAP. The ESIA/RAP Consultant has established a dedicated mobile phone number and email address that is publically announced in the Press and at sessions to which PAP queries and comments can be directed. Page 59 of 94 Lebanese Expropriation Law World Bank OP 4.12 Requirement Proposed Gap-Filling Measures for Bisri Compensation Terms Compensation is by a one-off cash payment made All compensation is to be paid in full ï‚· The ‘25% rule’ will not be applied and all via an Escrow account. and at replacement costs, beforethe land take will be compensated without landand/or assetsexpropriated are reduction for added value before land take With PAPs appealing, they will receive the 100% taken over. and at replacement cost. of their awards and Land Take over is executed. Alternatives to cash compensation are With CDR appealing, PAPs will receive the 90% of to be offered where practical (i.e. land their awards and the balance is left upon the swap, housing provision) and if appeal decision while Land Take over is executed. preferred by PAPs. Resettled PAPs are also eligible for There is no provision for compensation in kind, additional payments; e.g. moving land swaps, housing provision, or payment over expenses, transport, small business time. development support, skills training, etc. Where access is to be provided, 25% of a plot may be taken for no compensation on the basis The compensation offered for land the remaining 75% will be of increased value. should be the full commercial value for the entire area to be expropriated. Grievance Redress There is no just and robust procedure to fully Develop a specific means of registering In recognition that poor PAPs may be deterred address grievance other than final appeal, the and processing grievances at no cost to from submitting Appeals by the cost, the outcome of which is binding on all parties. A PAPs. project proponent will pay the Appeal judge sits on the Appeal Committee and there is application fee and the cost of legal no higher appeal to the Court. representation of those PAPs whose total landholding is less than 1,000 m2 and/or their Poor PAPs on low incomes are deterred from total asset value is less than LL 10 million. The appealing by (i) the requirement to be legally mechanism to provide this will be via a grant to represented, and (ii) the appeal application fee. local NGOS, CBOs and legal practitioners in exchange for pro bono services17. (The provision for the Appeal Committee to take 17 There are a lot of NGOs and CBOs in Lebanon. CDR will identify one or two NGOs which are willing to provide such services and sign a MOU with them prior to actual expropriation start. Page 60 of 94 Lebanese Expropriation Law World Bank OP 4.12 Requirement Proposed Gap-Filling Measures for Bisri 0.3% of any additional award is no longer implemented). PAPs without Title There is no provision for directly compensating All PAPs to be compensated for loss of The 100% survey of PAPs resident within the PAPs without title to the land or assets being livelihood, loss of access to land and inundated area without title has identified the expropriated. assets, whether or not they have title improvements made to property – building to the facilities used. renovations, soil improvement, own crops, etc., In such cases, compensation is given to the title and these will be dealt with through ad hoc holder and it is left to the title holder to pass it on payments from CDR Expropriation Department. to the PAP. Being outside the expropriation Almost all of those within this group are non- procedure, the PAP has no access to Appeal. Lebanese, not only without title but also without a formal employment contract, work permit or residency. Where a PAP without title is due compensation, the award is made to the title-holder and the PAP signs to confirm his/her entitlement has been received.18 18 In the case of the title holders of the property cannot be found or refuse to sign the compensation package, or do not want to claim the compensation at CDR, CDR will pay the compensation directly to affected people without any legal title based on the actual impacts. Page 61 of 94 6 COMPENSATION ENTITLEMENTS 6.1 Policy and Principles of Compensation Entitlement Resettlement and compensation are best approached as an opportunity to develop and improve living standards, and potentially stimulate economic growth rather than a project ’s requirement, obligation and target, In accordance with Lebanese expropriation procedures, rates of compensation shall be determined by the Expropriation Commission (EC)upon the receipt of the approved-on Expropriation Decree that will be based on the completedExpropriation Files, that details the cadastral and ownership information by plot with a census counting all fixed and movable assets that will be lost to the project.Bank funded projects are expected to compensateall persons affected by the project and for all losses of assets and investments. While eligibility for compensation will be detailed in the sections hereafter, Thecompensation shall be due for, but not limited to, the following: ï‚· Land is valued at current local market rates, the factors that may affect its value taken into consideration, including but not limited to, size, shape, location within the valley, access, susceptibility to annual flooding and soil conditions; ï‚· Buildings are valued based on its replacement cost by square meter, taking into consideration, materials, use, fixtures and interior decoration. Commercial premises are generally valued higher than residential properties; ï‚· Fixed Assets such as poly-tunnels, stock-pens and irrigation systems, are valued at full replacement cost; ï‚· Un-harvested Crops are compensated according to their full value at market, the calculation is different for field crops and perennial crops; ï‚· Business Evaluation is based on audited accounts, or where unavailable, on evidence gathered from site inspection. Compensation includes provision for loss of business and clientele, loss of productive time, and the expenses associated with relocation; ï‚· Transition costsTransition costs are based on the full costs incurred by relocating residences and/or business enterprises, at the full market value of time of moving. ï‚· Cultural assets will berelocated on the project’s expense in collaboration with DGA. The EC will be scrupulous about including every relevant factor of time and/or cost incurred by PAPs. The rule of thumb is that claimants show documents or other prima facie evidence of the loss or injury suffered or to beincurred. 6.2 Compensation Rates The Expropriation Department at CDR provided the ESIA Consultant with Compensation Costs General Standards for various lost assets. The information provider insists on the fact that the listed figures are to be considered for general guidance only, because it all depends upon the final assessment of the EC and their Field Inspectors who will inspect the properties and existing assets for fair valuing. Therefore, the below indicative rates and are used to estimate the overall operation of lands acquisition and lost assets compensation Page 62 of 94 budget. It is worth noting that Bank funded projects are expected to compensate all Project PAPs for all incurred losses at the value of replacement cost. The actual compensation rates will be determined by Expropriation Commission based on the actual market prices of affected assets at the time of expropriation. Table 6.1: Indicative Compensation Rates LAND LBP/m2 Accessible Natural Pine woodland 50,000 Irrigated Agricultural field, Riparian to river 50,000 Irrigated Agricultural field, <100m from river 40,000 Irrigated Agricultural field, >100 m from river 40,000 Abandoned agricultural land 40,000 Other open land, good soil cover, flat 40,000 Other natural woodland 40,000 Natural bush vegetation, flat 40,000 Other open land, poor soil cover, sloped 30,000 Natural bush vegetation, sloped 30,000 Other open rocky and steep slopes lands 20,000 STRUCTURE LBP/m2 New house 500,000 Basic house, concrete 100,000 Old house renovated 100,000 Storage room, concrete 50,000 Old degrading house 50,000 Old house 50,000 Concrete shelter for Agricultural workers 50,000 Shelter, wood, plastic 25,000 Animal shed, concrete walls and floor 15,000 Tent, cloth 10,000 Land Attachments Assets Unit LBP Water ground tank, concrete cubic meter 100,000 Water tank, elevated, plastic on metal frame cubic meter 600,000 Metal mounted shelter square meter 1,500 Metal overhead Pergola square meter 1,000 Metal pipes linear meter 1,000 Water channel, open, concrete linear meter 15,000 Animal enclosure, wire netting, earth floor linear meter 5,000 Metal wired fence linear meter 7,000 Razor wire linear meter 500 Agricultural and Irrigation Equipments square meter 20,000 Poly-tunnel, metal, plastic, square meter 10,000 FIELD CROPS LBP/m2 Rose 50,000 Other Flowers 50,000 Strawberry 20,000 Page 63 of 94 Tomato 20,000 Lettuce 20,000 Cabbage 20,000 Grape Vine 10,000 Sweet Pepper 10,000 Basil 10,000 Grains 5,000 LBP/Tree TREES Young Mature Pine 150,000 400,000 Oak 150,000 400,000 Poplar 40,000 75,000 Cypress 40,000 75,000 Cactus 40,000 75,000 Willow 40,000 75,000 LBP/Tree TREE CROPS Young Mature Olive 300,000 750,000 Mango 200,000 750,000 Chestnut 200,000 750,000 Date Palm 200,000 750,000 Pistachio 150,000 300,000 Almond 150,000 400,000 Kiwi 150,000 400,000 Loquat 150,000 400,000 Peach 150,000 400,000 Pomegranate 150,000 400,000 Avocado 150,000 400,000 Pear 150,000 400,000 Orange 150,000 400,000 Apple 150,000 400,000 Fig 150,000 400,000 Lemon 150,000 400,000 Apricot 150,000 400,000 Sumac 150,000 400,000 Pomelo 150,000 400,000 Page 64 of 94 6.3 Entitlements On an individual basis and under the Lebanese expropriation Law, compensation is paid in cash, provided it is adequate, and paid in time and in full.Compensation will be calculated based on replacement cost. The Cut-off date has been set starting March 20, 2014. This will prevent further population influx to the reservoir area and cease construction licenses within the reservoir. The Cut-off date is the day when CDR and DGUP had published in the press the plots to be expropriated based on the Final Expropriation Files. 6.3.1 Land Ownership All of the plots required for the construction of Bisri dam and its appurtenances, including the conveyor line, and those that will be inundated by the reservoir, will be compensated to the owner at full market value as described above. In respect of partial expropriation, three special cases are considered: a) Fragmentation of Landholding: A PAP whose landholding is reduced to an uneconomic size as a result of expropriation will be entitled to have the residual fragment acquired also and compensated for; b) Severance of Landholding:A PAP losing part of a landholding, and where the productive operation of one or both the residual elements of the holding is adversely affected by severance, will be entitled to additional compensation sufficient to allow for continued post-project use of the land at existing levels of productivity. The specific nature of the impact will vary in each case, thus case-by-case studies will be conducted; c) Lands Made Unusable:A PAP losing part of a landholding, where the residual holding is deemed unsuited for its previous use, or too expensive to return to a state in which its previous use can be maintained, will be entitled to have the whole land acquired and compensated for. 6.3.2 Assets a) Residential Structures:the owner of a dwelling shall be compensated for that dwelling and will be compensated at a rate defined by a valuation committee. b) Non-Residential Structures and Private Infrastructure:such aspoly-tunnels, wells, water tanks, irrigation equipment and farm buildings shall be acquired at full replacement cost. 6.3.3 Field Crops The value of crops in the field will be assessed based on the average price for such produce over the past three years adjusted for inflation. The yield estimate for each crop will be derived from Ministry of Agriculture statistics for the agro-climaticzone and land classification. Wherever possible the construction programme will accommodate cropping seasons and productive lands acquired only after harvesting. Vegetables, ground crops and shrubs will be compensated by area, taking into account the above valuing methodology. Page 65 of 94 6.3.4 Perennial Crops For perennial crops such as citrus, olive and other productive trees, compensation will be equivalent to the rate of net annual income for the plot, capitalised over a 20-year period.As such, the resulting value will be given by type of tree or crop. For non-productive trees, the valuation will be based on the market value of the wood, taking into account the species and the size of the tree. 6.3.5 Non-Residential PAPs Of the 966 plots to be expropriated 621 (65%), are registered to a single owner. The other 35% are registered to multiple owners. From discussions with Mukhtars in the affected municipalities, it may be safely assumed that where landowners, in total of 765, are permanently absent or otherwise unable to attend to expropriation matters, they have, through a formal Power of Attorney or less formally through family, delegated persons to act on their behalf. In the execution of the Expropriation Law the Expropriation Commission will be required to have sight of POAs or other letters of authority before accepting third party representation. In Lebanon, a more significant problem will be that joint owners are unable to agree the proportion of land, and hence compensation, to which each is entitled. This needs not however delay expropriation as the compensation award, with or without Appeal, will, in accordance with normal practice, be lodged in an Escrow account where it will remain until such time as the dispute is resolved and each owner can sign to confirm they have received their rightful share. For those absentee landowners who cannot be located, the procedure will be similar to that for those whose death had not been recorded with the Department of Land Registration. Notices will be placed in the national Press, in nearby villages and, if there is evidence to do so, in Lebanese diplomatic missions abroad. Again, the determined compensation will be retained in an Escrow account until a legally-authorised claimant comes forward. With no time limit on submitting an Appeal, the original award can still be challenged. A landowner-survey has been undertaken and completed at the outset of the preparation of the present report. The latest Public Consultation Sessions has contributed great deal in reaching out many of these landowners by the Consultant. The findings of that survey has been presented in previous Sections of this report. 6.3.6 Non-Owner Use In addition to compensation for obvious assets such as land, buildings, trees, crops payments will also be made to tenants, employees and others who may suffer loss, each considered on case-by-case. This type of compensation will be based on the following: a) Loss of Tenancy Rights: Any tenant with a legally valid tenancy will be entitled to compensation in accordance with Lebanese Laws and the World Bank Policy on Involuntary Resettlement OP 4.12 as well as the terms of the tenancy. While the 2014 Households Survey has counted no Pre-1991Law Tenant, the only one Post-1991-Law Tenant will be given three-monthpayment at current payment Page 66 of 94 and landlords will be instructed to return any deposit money and advances to these tenants. b) Mutual agreement tenancyor work accommodation : Estimated to total 42 households,as presented in Table 4.9, under World Bank OP 4.12, PAPs living under mutual agreement or work-related accommodation are entitled to compensationeven where they have no formal tenancy agreement or land use rights, as is in most cases of Bisri residents. Any traditional rights or access rights through family and/or community linkages that are not formally documented will be assessed on the same basis. c) Illegal Occupantsnone of the surveyed 49 households declared itself as squatter. Therefore; such occupant category does not apply to the project. d) Loss of Access to Common Property : All PAPs losing access to common land, such as traditional grazing rights, will be entitled to a portion of the compensation available in proportion to their share. Such rights are absentwithin the project area. 6.3.7 Loss of Income and Loss of Livelihood Those who lose employment will be entitled to compensation for their loss of earnings and potential loss of livelihood. The more legally settled and longer the employment history of any worker is, the higher will be the compensation the worker will get.There could be number of employment categories as it follows: a) Full time Employee:Based on the latest Households survey, noneof the 70 full- timer employees, works based on a formal employment contract. In all cases, the Project will compensate full-time workers under no contract, at a rate of 10USD daily for a total of 156 days. b) Part time / Occasional and Seasonal workers: The Survey revealed a total number of 33 part time seasonal workers in the area of the project. These workers will be compensated at their current wage for a period of 3 months. Transitional costs will be included as part of the compensation to help all the above PAPs in moving their movable goods and assets. 6.3.8 Consideration of Foreign Nationals A high proportion of Bisriresident PAPs is foreign nationals working as farm labourers, predominantly Syrian, with some Kurds and a few Egyptians, together with Palestinians from the refugee camps in Saida19. Some Syrian seasonal workers have chosen not only to remain on site and not to return to the present turmoil of the on-going Syrian uprising but also to bring some of their relatives into the Valley fleeing the continuing civil unrests back home. Among other objectives, the 2014 Jan-Feb Households Survey aims atupdating the statistics and a better understanding of the foreign population socio-economic status,in 19 While the 2010 Labour Law permits Palestinian refugees in Lebanon to work outside their camps, the provisions for issuing work permits have never been implemented. Page 67 of 94 BisriValley.Table 6.2below summarizes the findings of the 2014 Social Survey with regard to the foreign population and Refugees distribution. Table 6.2: BisriValley Foreign Population and Refugees Distribution Valley Foreign Population individuals households Other Arabs Non-Refugees 72 14 Other-Arab Refugees Registered with UNCHR 79 17 Other-Arab Refugees not Registered 23 4 GRAND TOTAL 174 35 The 2014 Social Survey revealed that there were at the time of the survey, 174 declared non-Lebanese residents.While 72 individuals have considered themselves non-refugees, the remaining 102individuals (79+23) have declared themselves war refugees; but not all these are registered with the UN High Commission for Refugees. The remaining 72 residing non-refugees in the Valley,will either be compensated,as their Lebanese counterpartsunder the Lebanese Law or to the World Bank O.P 4.12 Policy on the Involuntary Resettlement. This depends on their residency, employment, tenancy, status etcas explained above. 6.3.9 Other Costs Dismounting, displacing and rebuilding the cultural assets: The costs for dismounting, displacing, rebuilding and lands cost to relocate Mar Moussa Church and Ste- Sophia Monastery and the Roman columns must be covered by the project20. 6.4 Entitlement Matrix As said earlier and under the World Bank funded Projects, all PAPs shall be entitled to compensation at replacement cost for affected assets or loss of livelihood and income. To prevent opportunistic migration into the Project Area, for the purpose of claiming compensation or other assistance, a Preliminary cut-off date of Eligibility to compensation has been set as of March 20, 2014. Establishing an official cut-off date for the project provides the primary basis for determining who is eligible and for what compensation and would protect the interests of both the GoL and the potential PAPs. Eligibility for compensation for the losses occurring and status of persons affected, with the compensation basis are presented in Matrix Table below. The compensation matrix has been developed based on the applicable Lebanese Laws and the requirements of the World Bank OP-4.12 Policy on Involuntary Resettlement. 20 The details of cost are included in the ESIA. Page 68 of 94 Table 6.3: Entitlement Matrix Nr of Eligible Persons Loss of: Compensation Payable households/persons Resident Land PAPs shall be compensated at the replacement cost as estimated by the EC for: Landowners House - land loss and disturbance of livelihood; Structure - Transitional allowance for moving of household and belongings; Living in the area to Trees - income and loss of earnings; be expropriated and Crops - costs incurred for improving the property assets and land productivity; do rely on owned 6/17 other assets - rehabilitation that is sufficient to enable PAP to re-establish in similar land for their livelihood condition; livelihood - allowances for continued post project use of any lands at existing levels of productivity; - assistance of replacing and transition costs to new location for PAP's movable goods and assets. Lebanese Nationals Non-absentee Land PAPs shall be compensated at the replacement cost as estimated by the EC for: Landowners Structure - land loss and disturbance of livelihood; Trees - income and loss of earnings; where at least one Crops - costs incurred for improving the property assets and land productivity; of these two criteria other assets - rehabilitation that is sufficient to enable PAP to re-establish in similar applies: livelihood condition; 90/- - Living in the - allowances for continued post project use of any lands at existing levels of Project catchment productivity; area - assistance of replacing and transition costs to new location for PAP's movable - do rely on owned goods and assets. land for their livelihood Absentee Land PAPs shall be compensated at the replacement cost as estimated by the EC for: Landowners other assets - land loss ; 765/- - consequential loss of any land's asset. Total of 861/17 Landowners Page 69 of 94 Nr of Eligible Persons Loss of: Compensation Payable households/persons Non-Owner PAPs shall be compensated at the replacement cost as estimated by the EC for residents the housing tenancy: - those with Tenancy post-1991 contract at a rate of 3 months payment and landlord is instructed to return all in-advance money received to tenant; House - those with no Formal Tenancy Contract for the incurred costs for Structure improvement brought to the land and property as valued by the EC as a case- Trees by-case basis; 8/47 Crops 'PAPs shall be compensated at the replacement cost as estimated by the EC for other assets other than housing: livelihood - any consequential loss of trees and crops and other land attachments; - assistance to recover livelihood and rehabilitation. - assistance of replacing and transition costs to new location for PAP's movable goods and assets. Non refugees Job PAPs shall be compensated for Jobs loss as it follows: Full timer / - loss of income of full timer at a rate of 10$ daily for total of 156 days. Part timer - loss of income of part timer for 3-month-payment based on their currently Labor residents and received monthly wage. PAPs shall be compensated for shelter loss as it follows: 7/36 Shelter - those with Tenancy post-1991 contract at a rate of 3 months payment and landlord is instructed to return all in-advance money received to tenant; - those with no Formal Tenancy Contract for the incurred costs for improvement brought to the land and property as valued by the EC as a case- Foreigners by-case basis. Refugees 4/28 Project will Provide assistance to get PAPs connected to the UNHCR. Shelter Non refugees PAPs shall be compensated for shelter loss as it follows: - those with Tenancy post-1991 contract at a rate of 3 months payment and Non Labor residents landlord is instructed to return all in-advance money received to tenant; 7/36 Shelter - those with no Formal Tenancy Contract for the incurred costs for improvement brought to the land and property as valued by the EC as a case- by-case basis. Refugees 17/74 Project will Provide assistance to get PAPs connected to the UNHCR. Total of residents in 49/238 the Valley* *the 49/238 Households/personsinclude the 6/17 Resident Landowners, as above. All Resident Lebanese Nationals are from 14 Owner and Non-owner households while all foreigners are from 35 householdstotaling the 49 households. Page 70 of 94 7 Institutional Arrangements 7.1 CDR Expropriation Department (ED) Within the Legal Affairs Division of CDR, the Expropriation Department (ED) Manager reports directly to the Legal Affairs Divisional Director. The ED works closely with the Projects Division from the initiation of the Expropriation Decree until the settlement of payments. The primary tasks of the ED are to: ï‚· Ensure expropriation tasks are completed in accordance with this RAP which is prepared based on relevant Lebanese Laws and the World Bank Policy on Involutnary Resettlement OP 4.12 embedded into the Loan Agreement; ï‚· Provide technical assistance to the Expropriating Agencies; ï‚· Liaise with the project engineers drafting the Expropriation Decree and with the consultants commissioned to prepare the Expropriation Files; ï‚· Advise property owners and tenants of the documentary proof of entitlement to be submitted; ï‚· Verify the details of the Expropriation Files; ï‚· Steer the Expropriation Decree through Legal Affairs Division and CDR Board approval and subsequently Council of Ministers approval and issue; and, ï‚· Monitor and evaluate the expropriation process and its outcomes. The ED will continue to verify the Expropriation Files after Decree approval and will forward them to the Expropriation Commission (EC). As soon as the EC determines the indemnity for different assets, ED is notified of the Commission‘s decision, CDR deposits the determined indemnity value and the ED informs the beneficiaries of the deposition. CDRED is well staffed and has long experience in dealing with expropriation and compensation involved in various construction projects including some Bank financed projects. 7.2 Required Documentation Once approved by CoM, the Expropriation Decree is published in the Official Gazette and the details of the land to be taken published in two national newspapers for a period of 15 days. Thereafter, the Decree should be executed, i.e. the land taken over, within a period not exceeding eight years from the date of publication. Annexes to the Decree should include: ï‚· A plan of the entire project area; ï‚· A detailed plan of the properties to be expropriated; ï‚· A list giving each property registration number, its location, the names of all owners and right holders as recoded in the Real Estate Registry; and, Page 71 of 94 ï‚· A detailed list of the immovable content of the properties and detailed plans of buildings constructed prior to the publication of the decree. The complete set of documents is made available for public access at relevant government offices and posted at the municipal offices in which the properties to be acquired are located. The Expropriation Decree may cover any portion of land or building. It is up to the owner to request that the full property be expropriated, on the grounds the un-expropriated remainder would have lost its value, either because it has become unusable or because the remainder is too small to qualify for a building permit. 7.3 Expropriation Commission The amount of compensation to which an affected owner, tenant or other rights holder is entitled is determined by the Expropriation Commission established under the Expropriation Decree.Due to cadastral distribution, there will be two Commissions:one covering the ChoufCaza and another covering JezzineCaza.The awards made by the EC are based on prevailing local property market rates. The composition of the EC comprises: ï‚· The chairperson, who is a judge or magistrate of at least the 10th degree; ï‚· A qualified engineer; ï‚· An independent observer with non-executive status; ï‚· A property valuation professional; ï‚· A clerk/secretary; and, ï‚· A messenger21. The prime responsibilities of the EC are: ï‚· To undertake plot inspections and meet with plot owners and tenants; ï‚· To determine all compensation for different assets and any economic prejudice arising from expropriation; ï‚· To determine when adequate prior notice and public disclosure has been made; ï‚· To decide on requests by owners for total expropriation and full compensation; ï‚· To determine the value of small portions of land that cannot be used for building; and ï‚· To resolve disputes over the apportionment of compensation between shareholders. 21 The Messenger within the Expropriation Commission has the role of communicating the EC decisions in written to all parties concerned with the expropriation matters, the date of his communication is considered legally binding to all parties. Page 72 of 94 During the deliberations of the EC, EDwill be legally represented while individual owners, tenants and other rights’ holders may represent themselves or be represented. The Expropriating Department within CDR’s legal Affairs Division has adequate experience of land expropriation to manage and implement the process for Bisri dam. 7.4 Appeals Committee All parties have the right to appeal within 30 days from notification. While the ED or PAPs may appeal an EC decision, the process of expropriation cannot be halted unless the fundamental validity of public interest is challenged. A decision of the EC may be appealed to the Appeals Committee by either the ED or by the individual rights holder, but not by public bodies, NGOs or municipalities. The Appeals Committee comprises: ï‚· The chairperson, who is a judge or magistrate of at least the 6th degree; ï‚· A qualified engineer; and ï‚· A recognized expert in land Law and property valuation. The Appeals Committee will also include an alternative for each nominated member together with a clerk and a messenger. The decisions of the Appeals Committee are final and binding on both parties. The fee for appeal fee is L.L. 185,000 including stamp duty and insurance. The Expropriation Law also provides for a charge on the Appellant of 0.3% of the additional compensation sought, although in practice this has not been levied for some years. The appellant must be legally represented at appeals hearings and the Committee must reach a decision within three months of the date the appeal is lodged. 7.5 Compensation Payment On completion of all deliberations, CDR will transfer 100% of the agreed compensatory sum to an escrow account in a Bank from which those entitled to retrieve payment can do so. The compensation payments will include allowances for workers without title. Compensations shall be paid directly to PAPs, without a legal right, for cases that involve no disputes and where the Landowner is present. Otherwise the compensation amount will be deposited into an escrow accountto be cashed by the Right Holder, then the Latter will have to pay the compensation to the untitled PAP who willsign confirming that his/her compensation had been received. Once CDR has verified through certificate that the required compensation has been deposited, it proceeds to take possession of the property in question through formal notice served on the occupant. This notice requires that the occupant leave the place after a period not more than 15 days if the property has no building on it, or not more than 30 days if it contains a building. The decisions of the EC may be appealed to the Appeals Committee by either the CDR or an individual right holder within 30 days of notification of the EC valuation. Page 73 of 94 If the CDR appeals, 90% of the compensation is paid22. The 10% balance will be paid upon the Appeal Committeedecision, while the land-take over decision is executed. Where the PAP is appealing, 100% of the previously determined compensation is paid to the PAP and the land-take over decision is implemented. Where no appeal happens at all, 100% of compensation is paid and land take-over is executed. In case of lands containing buildings the 75% of the compensation is paid and the 25% balance will be paid upon the structure evacuation, under the time frames as mentioned above.The Expropriation Procedure for Lebanon is illustrated in Figure 7.1. 22 OP 4.12 requires that compensation reflects the full replacement cost which is determined based on the market value of affected assets plus the transaction costs. When CDR appeals, this means that CDR believes that compensation value determined by Expropriation Committee is higher than the replacement value. The Appeal Committee will need to do reevaluation. In any case, the people affected will receive compensation at full replacement cost. Page 74 of 94 Figure 7.1: The Lebanese Expropriation Procedure Page 75 of 94 7.6 Directorate of Land Registration and Cadastre The Directorate of Land Registration andCadastre (DLRC), which is one of the Departments of the Ministry of Finance (MoF), manages the real estate properties, keeps updated and secured records of title deeds, registers and land maps, and administers the public properties of the government including its investment, lease or rehabilitation. The DLRC is also responsible for the supervision, monitoring and evaluation of expropriation and resettlement activities which will be undertaken in close cooperation with the CDR. DLRC is well staffed and has long experience in cooperation of with CDR to handle the expropriation and compensation issue involved in construction projects executed by CDR. 7.7 Project Information Centre (Community Liaison Office) In accordance with the GBWSAP Consultation and Communications Programme23, the project proponent will establish a Project Information Centre (PIC) of PIUto provide community liaison andassist in: ï‚· Day-to-day implementationof the RAP, including negotiation with PAPs; ï‚· Dispensingcontact details of real estate agents,Lawyers, NGOs, CBOs, and other relevant service providers; ï‚· Facilitating, the submission of grievances andentitlement documentation; ï‚· Acting as a repository of copies for all expropriation documents and disclosed reports; ï‚· Advising PAPs by providing a range of required forms anddocuments, support and assistance to ensure RAP processes are as equitable as possible; and, ï‚· Coordinating with municipalities and other government departments on matters pertaining to the RAP. In order to allow for easy access to information concerning land acquisition and resettlement, the PIC will be upheld throughout the RAP process and will be located in Beirut.The centre will be equipped and staffed during regular office hours, capable of dealing with a wide range of concerns to PAPs and members ofPAP communities relating to the Project, and/or be capable of identifying the relevant person to whom concerns should be addressed. The PIC will therefore have direct contact with PAPs, individually or at group meetings. A female-officer will be assigned to deal specifically with women PAPs and another male- officer with groups and male PAPs. It will be important, though perhaps unlikely in the first few days, for these officers to be seen to perform at neutral agents between PAPs and those with a formal role in the expropriation process. While it is more usual for a PIC to be located within the project area, the vast proportion of landowners are not resident within the BisriValley, but live, work or otherwise regularly visit Beirut. The capital is therefore the most convenient location for the present project. Even though the PIC will remain open for the duration of the expropriation and resettlement process, the needs of resident PAPs, those most directly affected and most 23 GBWSAP Consultation and Communications Programme, Dar Al-Handasah, Doc. No. L12002-0100D-RPT-ENV-01 Rev 0, February 2012. Page 76 of 94 often lacking the resources to journey to Beirut, must be adequately addressed. It is therefore proposed that routine ‘clinics’, perhaps weekly or even more frequently at the beginning of the process, be held in some of the villages adjacent to the project area from which PAPs not predominantly land-owners, can obtain information and register their interests and problems. 7.8 NGOS and CBOS Given there is limited vehicular access, no public transport, and a lack of public infrastructure throughout the project area, and the temporal presence of many of its residents, special needs of vulnerable groups such as the aged, the handicapped and infirm are minor. Notwithstanding this, the majority of those residing within the area directly affected by the project are among the poorest within the region, with little call upon land and/or assets. A total of five tenancies have recourse to the provisions of a pre-1991 Agreement but most only have recourse to the post-1991 Act. Many of the farm labourers are non-Lebanese and enjoy neither title to land not assets. Subject to the outcome of the on-going Social Survey, for Lebanese and Non-Lebanese PAPs displaced and unable to find re-employment locally, access to services such as health and education will become prime issues with which they require charitable assistance. That many of the Bisri PAPs may only have, at best, inadequate access to these services at present is no reason not to improve future access. As stated previously, a fundamental tenet of World Bank and other international funding agencies policy is that resettlement and compensation must be viewed as opportunities to develop and improve living standards, and stimulate economic activity. Lebanon is fortunate in having a number of national and regional NGOs that may be willing to assist PAPs with rehabilitation, vocational retraining, health, and youth development. These include but are in no way limited to Arc En Ciel, Dar Al-Amal, Caritas, Catholic Relief Services, the Druze Foundation, and members of the Lebanese NGO Forum. Local NGOs and CBOs within the Bisri area that may be asked to support disadvantaged families and individuals are listed in Table below. Their capacities will be useful throughout all stages of the RAP implementation. Their scope of work can be summarized below24: - The RAP and relevant documents will be made available at their local centre. - NGO/CBOs cannot appeal to the Appeals committee. - Relevant NGO/CBOs will be asked to contribute to the monitoring and evaluation of PAPs after resettlement and compensation has taken place. - NGO/CBOs will help PAPs relocate, move households or find re-employment. - Given that compensation to PAPs will be made in Cash, there is a risk of spending this compensation not on land or building structures, but on other purposes. This is risky specifically for poorer PAPs who may lack financial management skills. At 24 CDR will sign a MOU with NGOs which will be involved in the RAP implementation prior to the actual expropriation start. Page 77 of 94 this point, NGO/CBOs can screen all the PAPs and flag the ones considered at risk, and offer them counselling services or pro bono legal advice. Page 78 of 94 Table 7.1: NGOs and CBOs in the Bisri Area Municipality NGOs and CBOs ï‚· Aamatour Women’s Association Aamatour ï‚· Aamatour Club ï‚· Cultural Gathering Association ï‚· Tasleef Bater ï‚· Cultural and Social Club Bsaba ï‚· Youth Association of Bsaba Ghbatiyeh ï‚· Ghbatiyeh Charitable Society ï‚· Progressive Women’s Association Mazraat El Chouf ï‚· Association of Social Solidarity 7.9 Summary of Agency Roles and Responsibilities A summary of agency roles and responsibilities for RAP execution is given in . Table 7.2: Role and Responsibilities for RAP Implementation Stage Agency Responsibility ï‚· Approve final design; Final Design/ ï‚· Define land to be acquired; CDR Design Review ï‚· Prepare Resettlement Plan; ï‚· Budget for rescue archaeology and building relocation. PIC ï‚· Undertake Community liaison and support to PAPs. ï‚· Initiate the Expropriation Decree; ï‚· Ensure expropriation tasks accord with the Lebanese Negotiation Law; ED ï‚· Liaise with project engineers drafting the Decree and the consultant preparing the expropriation files; ï‚· Verify expropriation files. CoM ï‚· Approve the Expropriation Decree. EC ï‚· Determine all compensations; Municipal ï‚· Assist PAPs with grievance redress. Councils ï‚· Deposit determined indemnity values in escrow CDR accounts; ï‚· Takes possession of the property. Implementation ED ï‚· Inform beneficiaries of deposition. CDR or ï‚· If required, appeal EC decision to Appeals committee. PAP DLRC ï‚· Implementation of RAP, Monitoring and Evaluation ED activities CDR/SC Appeals ï‚· Ultimate determination of disputes. Committee Page 79 of 94 8 IMPLEMENTATION PROGRAMME 8.1 ProgrammeStages This section outlines the implementation programme for each of the six stages of Expropriation Procedure according to the Lebanese Law along with Consultant’s suggestions to improve the local practices: ï‚· Notification; ï‚· Valuation; ï‚· Negotiation; ï‚· Appeal; ï‚· Grievance Redress Mechanism ï‚· Completion; and, ï‚· Implementation and Monitoring. All of these stages need not be carried out in all cases. For example, if agreements are reached during negotiation, no appeal will be necessary. Similarly, there will be variations in the approach adopted during the last two stages, depending on land use classification. The following description of the programme structure is relatively detailed, to the extent that the intent and commitment of the project proponent to ensure the RAP is implemented as effectively as possible, is clearly expressed. 8.2 Notification and Disclosure Notification and disclosure of the land and asset expropriation for the project has already commencedand will be implemented as follows: ï‚· DGUP and CDRpublicised the placing of affected plots ‘under study’ in the National Press; ï‚· Plans showing the extent of proposed expropriation were posted in Aamatour, Mazraat El Chouf, Mazraat El Dahr and Bisri village halls; ï‚· CDR, through the ESIA/RAP Consultant, held several Public Consultation Sessionsin several affected villagesto explain the project and outline, the proposals for expropriation, the mechanism for the assessment of compensation,and to elicit comments and concerns. Details of these sessions are given in appendices to both the present RAP and the ESIA; ï‚· TheExecutive Summary of the present RAP wastranslated into Arabic and publicly disclosedto concerned municipalities and Mukhtars (Mayors)for review and comments; ï‚· Then, the final round of Public Consultation Sessionswas held, to explain tothe public full details about the expropriation procedures and the compensation entitlements. ï‚· CDR will submit the present RAP to the Bank for review and clearance. Page 80 of 94 ï‚· Upon approval by the Bank, the RAP fully translated into Arabic, will be disclosed in the country, to relevant Ministries, other Government Institutions and concerned municipalities and Mukhtars (Mayors),theCDR website in addition to the World Bank’s Infoshop website. ï‚· Moreover; hard copies will be made available for public consultation at the Project Information Office, and elsewhere as deemed necessary. ï‚· Formal notification of land plots to be expropriated and the owners affected will be published in the Official Gazette upon approval of the Expropriation Decree by CoM. 8.3 Land and Asset Valuation The compensation rates of land and other assets were determined by the Expropriation Department of CDR based on indicative market prices. The actual compensation value payable will be re-assessed by the Expropriation Commission based on the market price at the time of actual land expropriation execution. Following placement of initial public notification of acquisition in the Official Gazette, all PAPs will be given the opportunity to visit the Project Information Centre (PIC), where they will be informed of the valuation of their property and will be offered the opportunity to appeal the decision of the EC within 30 days of it being announced. PAPs can only appeal the valuation set for their land and assets; they cannot appeal the act of expropriation. In determining the replacement cost of lost assets for which compensation should be paid the Expropriation Commission will make reference to the following: ï‚· Plans of individual buildings, related structures and support services; ï‚· Average replacement costs of different types of buildings and structures based on the quantity and type of materials used for construction; ï‚· Prices of these items collected in different local markets; ï‚· Costs for transportation and delivery of these items to acquire/replace land; and, ï‚· Estimates of construction of new buildings, including labour. The disclosed expropriation documents include information on the calculation of compensation for all types of affected assets, including the floor areas of expropriated residential accommodation and business premises. All compensations will be calculated and paid in Lebanese Pounds. World Bank OP 4.12 requires resettlement procedures to provide prompt and effective compensation at full replacement cost for lost assets, with replacement cost defined as the amount sufficient to replace lost assets and cover transaction costs.The valuation process will therefore include: ï‚· Measures to ensure PAPs are: o Informed about their options and rights; Page 81 of 94 o Consulted on, provided with choices from technically and economically feasible resettlement alternatives; and, o Provided with prompt and effective compensation at full replacement cost 25 for lost assets directly attributable to the project; and, ï‚· If the impacts include physical relocation, the project will ensure PAPs are: o Provided with assistance, such as moving allowances during relocation; o Provided with residential housing, or agricultural sites which are at least equivalent to the advantages of the old site; o Offered support after displacement, for a transition period, based on a reasonable estimate of the time needed to restore their livelihood and standards of living; and o Provided with land preparation, credit facilities, training, or job opportunities. 8.4 Appeal After the Expropriation Commission has determined what it considers to be appropriate compensation, any PAP who still feels aggrieved with the award has recourse to the Appeals Committee. This is also open to CDR to appeal a high compensation award just as it is to a PAP to contend a low award. Appeals can only be lodged by those individuals directly affected by the Expropriation Decree (not public bodies, NGOs or municipalities). As stated previously, the Appeal must be lodged within 30 calendar days of the EC issuing its valuation and the Appeals Committee has 3 months to make its decision, which is binding on all parties and not subject to higher appeal, such as the Court. A significant deterrent to PAPs to enter into Appeal, particularly those with limited landholding, assets and/or financial means, is the LL185,000 (about US$125) fee for Appeal Registration and the requirement to be legally represented 26. In order to more closely align Lebanese Lawwith World Bank requirements and provide all PAPs with access to grievance redress, these fees and legal costswill be reimbursed for ‘poor’ PAPs, which for the present project have been defined as those whose total land holding does not exceed 1,000 m2, or total asset base does not exceed LL10 million (about US$6,700). Since reimbursement by CDR would not be legal under Lebanese Law, the only mechanism through which this could be achieved is for the project to provide financial assistance to NGOs, CBOs and local practitioners for the provision of pro bono legal services that would include payment of the appeal application fee. 25 Replacement cost is the method of valuation that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this valuation, depreciation of structures and assets are not taken into account. Where domestic Law does not provide compensation at full replacement cost, it is supplemented by additional measures to meet the replacement cost standard. If the residual of the asset being taken is not economically viable, compensation and other resettlement assistance are provided as if the entire asset was taken. The cost of alternative residential housing, housing sites, business premises, and agricultural sites can be offset against compensation for the corresponding asset lost. 26 The Expropriation Law also provides for the Committee to take 0.3%(three per thousand) of any additional compensation, but the Consultant is advised this has not been applied for several years. Page 82 of 94 With this additional safeguard for poor PAPs appealing the Expropriations Commission’s valuation of their land and assets,the Bank’s requirement for a more equitable and fair treatment for poorer PAPs is met. 8.5 Grievance Redress If the PAP is not satisfied with his award and accordingto the standard appeal procedures, a representation to Appeals Committee may be made, but both the cost of representation and the time to receive a decision may be a significant deterrent, particularly to poorer PAPs. As said earlier and at the aim of overcoming additional costs and delays in solving compensation disputes,often experienced in adopting the standard appeal procedures as explained above, a Grievance Redress Mechanism could be initiated once PAPs have been notified about his compensation value and before any Appeal recourse. If the PAP is satisfied and there is no intent to submit a Grievance Redress complaint, the PAP will be required to visit the PIC and will be requested to sign a document agreeing to the compensation offer. Once a final agreement is signed, it will be forwarded for approval and subject to the completion process. If the PAP is not satisfied and instead of engaging into the lengthy and costly Appeal Procedure, the Consultant here-in is proposing a Grievance Redress Mechanism(GRM). The Latter could be triggered by PAP,by registering his complaint, at the Local Authority that could be either the relevant municipality or Ka’emMakam (District). The handling of complaints and grievances is an issue on which current Lebanese practice needs to be strengthened to satisfy OP 4.12 requirements. It is therefore incumbent upon CDR to institute an acceptable grievance redress mechanism. For a special grievance procedure for Bisri to be adopted it must be: ï‚· Readily accessible to all PAPs without discrimination of any type; ï‚· Free from deterrents such as complexity of process and excessive cost; ï‚· Easily incorporated within executive procedure without special legislation; ï‚· Implemented without undue delay; and, ï‚· Administered locally without creating another tier of bureaucracy. In order to provide grievance redress in accordance with OP 4.12, the Bisri Project will adopt a procedure previously approved for CDR projects elsewhere in Lebanon 27. Aggrieved PAPs will present their claim to the Local Authorities, i.erelevant municipality or Ka’emMakam (District), which will then consult with CDR and the Independent Expropriation Monitor to establish if the claim is valid within 14 days from the date of claim. If it is, the PAP will be informed that he/she will be assisted and the local authority will negotiate with CDR an acceptable agreement to all parties. If no agreement is reached, the PAP still has recourse, without prejudice, to the standards Appeals procedure instituted by Law. 27 Primarily the Cultural Heritage in Urban Development (CHUD) project. Page 83 of 94 Channelling complaints through Local Authorities addresses the problem of distance, cost and the need for legal representation PAPs otherwise face. The municipality, the Independent Monitor and CDR will maintain records of grievances and complaints, including minutes of discussions, recommendations and resolutions made. These records will be tabulated under the following column headings: ï‚· Claim No; ï‚· Previous Claimant Situation; ï‚· Name of Applicant; ï‚· Decision taken; ï‚· Claim Registration No; ï‚· Recommendations presented; ï‚· Subject of Claim ï‚· Comments The suggested procedure for handling grievances will be as follows: ï‚· The PAP will file his grievance to the Local Authoritiesin writing, signed and dated with the date of application. Where the PAP is unable to write, he/she should obtain assistance from the municipality or the Project Information Office and sign the letter with a thumbprint; ï‚· The municipality will respond within fourteen days, during which any meetings and discussions with the PAP will be held. If the grievance relates to the valuation of assets, experts may be requested to provide a revaluation, and this may take longer than the fourteen days. In any case, the PAP will be informed his complaint is being considered; ï‚· The Local Authority, on behalf of the PAP, negotiating with CDR and the Expropriation Commission, will then attempt to resolve the problem through dialogue within the same fourteen-day period. 8.6 Completion and Taking Over For the Bisri project to be financed by the World Bank or an associated funding agency, the Lebanese Government via CDR has to oversight approval for expropriation from the Bank. CDRwill apply for oversight approval by submitting Site Expropriation sheets with complete information on the expropriation and awards for each lot and the Expropriation Monitoring Sheet,which has the status of an accountable document whose accuracy and completeness is certified by CDR to ensure that owners have received sufficient compensation for lost asset value, and that any illegal occupancy has been adequately handled so as to enhance, or at least not diminish, existing livelihoods in accordance with OP.4.12. On completion of negotiations, each eligible PAP will sign a Compensation Statement together with the authorized CDR Representative. The Statement will record the precise loss of property (type, physical dimensions, and replacement value) or livelihood, state the compensation due for this loss to each property holder or household, and note eligibility for any other compensatory programmes. The Compensation Statement will clarify mutual commitments as follows: Page 84 of 94 ï‚· For CDR; the commitment to pay the agreed compensation, including any non- cash; and, ï‚· For PAPs; the commitment to vacate the land by the date entered on the Statement. The format of payment statements will be easily understandable to PAPs. Compensation will be paid in full prior to the PAP vacating the land. Actual vacation will be monitored by CDR in cooperation with local authorities. 8.7 Addressing the Needs of Vulnerable Groups Particular attention will be paid to the needs of vulnerable groups that may require assistance at any stage of the expropriation process, including negotiation, compensation payment and physically moving to new accommodation. Such groups may comprise persons living below the poverty line, the women and children, Lebanese and foreign farm workers and Property Tenants without Legal Rights. Assistance measures, additional to compensation payments, will be determined case-by- case as the nature of their vulnerability is known. These measures are such as: ï‚· Assistance with the compensation payment procedure (e.g., going to the bank with the person who feels threatened to cash the compensation cheque); ï‚· Assistance during the post-payment period to securely deposit the compensation money and reduce the risk of misuse and/or robbery; ï‚· Assistance during moving; providing a vehicle, a driver and physical assistance inrelocating; ï‚· Assistance during building; providing materials, labour, or building houses; and, ï‚· Assistance with health care during moving and transition periods. The treatment of vulnerable persons will be a major expropriation monitoring and evaluating indicator. Where appropriate,relevant NGOs/CBOs will contribute to the monitoring and evaluation ofPAPS after resettlement and compensation has taken place. From the earliest information on the composition of the PAP community it is clear there will be a number of women entitled to compensation in their own right as landowners, employees, or land users. Title to plots is often shared between several family members, and it is possible that women may be put under duress to sign their share over to male relatives to keep the value of the inheritance intact. A specialist in women’s issues will be included within the PIC staff, to ensure women PAPs are aware of their rights and entitlements, including being fully appraised of the assistance available to ensure their rights are exercised. 8.8 RAP Implementation Monitoring and Evaluation Monitoring and Evaluation (M&E) of RAP implementation will be the key components by which the expropriation of land and assets for the construction of Bisri Dam, its impounded reservoir and associated structures will be assessed as having complied with both Lebanese Law and the requirements of World Bank OP 4.12. The primary M&E objectives will be as follows: Page 85 of 94 ï‚· To monitor compliance with RAP objectives and procedures; ï‚· To identify specific situations or issues requiring remedial action, including the treatment of vulnerable groups; ï‚· To evaluate medium and long-term impacts of land expropriation and resettlement on affected households, their asset base, livelihoods and living standards; ï‚· To use the lessons learnt to inform legislative and institutional reform, environmental enhancement improvement and opportunities for economic development. Monitoring and Evaluation will be undertaken by the Supervision Consultant working in close cooperation with the CDR Expropriation Department (ED) and the Directorate of Land Registration and Cadastre (DLRC) at the Ministry of Finance. 8.8.1 Implementation Monitoring The monitoring element of the M&E programme will comprise: Internal monitoring by CDR ED and DLRC ï‚· Monthly checks on the progression of each of the 966 plots to be acquired from initial application and Expropriation Commission deliberation through grievance redress and Appeal to final payment and Taking-Over; ï‚· Monitoring of RAP implementation against pre-determined performance goals, ï‚· Separately monitoring the actual costs of land expropriation and resettlement. Independent Monitoring by the External Monitoring Agency ï‚· Verify the results of internal monitoring and confirm compensation payments have been settled prior to Taking-Over; ï‚· Survey of a selected group of land owners from across all cadastral regions at three- month intervals, at the rate of 20 each month, to assess reaction to expropriation processes and procedures, rates of compensation, and ensure the adequacy of advice and support, the survey to continue until individuals report the amicable resolution of all outstanding issues; ï‚· Survey of all non-land-owning PAPs and PAP families, covering tenants, farm labourers and share-croppers, some of which will be refugees and other vulnerable groups, to assess reaction to expropriation processes and procedures, rates of compensation, and ensure the adequacy of special advice and support to help find suitable housing and restore their livelihoods, to be undertaken at monthly intervals until they report all outstanding issues to have been amicably resolved; ï‚· Survey of all non-land owning PAPs and PAP families that remain within the casas of Chouf and Jezzine to determine the extent to which their living standards and livelihoods have been re-established or improved, the survey to continue throughout the period of construction. Page 86 of 94 ï‚· inspections of land occupied by the construction contractor to check only plots for which expropriation is complete and all compensation has been paid are taken over; ï‚· Review of complaints submitted to the Project Information Office (PIC); initiate a timely response from CDR ED in respect of those for late or delayed payments; ï‚· Bring any problems identified or concerns expressed by PAPs to the attention of CDR and DLRC via Monthly Expropriation Monitoring Reports. RAP implementaiotn will also be monitored and supervised by by the E&S Panel of Experts (POE) . ï‚· Review of monitoring reports and associated documents, including financial statements, site inspections and meetings with concerned authorities at four-month intervals or each time the POE assembles in Lebanon, whichever the more frequent; ï‚· Preparation of an External Monitoring Report every six months summarising the findings and making any pertinent recommendations. In the execution of the independent monitoring the Supervision Consultant will be expected to utilise the resources of local NGOs, CBOs and social-minded individuals from the affected villages to collect survey data and maintain contact with PAPs. The general arrangement illustrating the interactions between organisations during expropriation process, the passage of information, and monitoring reporting in respect of independent monitoring by the Supervision Consultant is shown in Figure 8.1. Funding GoL Agencies Independent DLRC CDR Monitor RPC Process Expropriation Information Department Reporting Expropriation Commission Appeals Committee PAPs Figure 8.1: RAP Independent Monitoring Reporting Structure Page 87 of 94 8.8.2 Implementation Evaluation The evaluation element of the M&E programme will include: ï‚· Overall evaluation of compliance with the disclosed RAP; ï‚· Evaluation of compliance with Lebanese Lawand procedures, and with World Bank safeguard policies; ï‚· Evaluation of expropriation and resettlement procedures as implemented; ï‚· Evaluation of the impacts of resettlement standard of living and livelihood re- establishment and improvement; and, ï‚· Identification of additional measures to enhance positive impacts and mitigate residual negative impacts. The key evaluation indicators would include but not limited to the following: a) Compensation: has all compensation been paid in the correct amounts to the correct persons? 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? Evaluation will be undertaken by the Supervising Consultant and be subject to detailed review of the E&S POE, who will relate their results at high level meetings with concerned authorities by World Bank missions. At a time approximately half-way through the period of dam construction, as determined from the contractor’s approved schedule a Mid-Term Review shall be undertaken. The scope of this will be determined from an assessment of progress one month before it is carried out, but the overall goal will be to evaluate whether or not expropriation and resettlement are proceeding as planned, and to address any outstanding problems and remedy delays apparent at the time. Not less than 6 months before the reservoir is expected to commence filling, or earlier if all expropriation and resettlement issues have been finalised, the Supervision Consultant and the E&S POE shall produce a Full-Time Review, a detailed report reviewing all the available data and confirming that all eligible PAPs have received their entitlement, that Page 88 of 94 agreed support was provided, that for those PAPs still reside within the area, the degree to which previous housing conditions and livelihoods have been restored, and that there are no outstanding grievances. 8.8.3 Implementation Monitoring and Evaluation Reporting RAP implementation report will be undertaken at several levels as shown in Table 8.1. All reports will be submitted to CDR who will circulate them to the World Bank, IDB, Saudi Fund, MOE, DGUP, DGA, MOF, E&S POE, and others concerned as appropriate. The primary reviewing organisation will be the World Bank. Table 8.1: RAP Implementation Monitoring and Evaluation Reporting Report Responsibility Submission The first day of the next calendar month Internal Monitoring CDR ED and DLRC one month after the Date of Loan Monthly Progress Report Effectiveness, and monthly thereafter. External Monitoring External Every six month Report Monitoring agency RAP implementation CDRED, DLRC, At the halfway point in the current Mid-Term Evaluation External approved construction programme Review Monitoring Agency RAP implementation CDRED, DLRC, Six months or more prior to the current Full-Term Evaluation External approved construction completion date. Review Monitoring Agency The timing of the Mid-Term and Full-Term Review will vary with changes to construction programme. The prime reporting media, the Monthly Expropriation Monitoring Reports issued by the Supervision Consultant will be structured as appropriate to include all the issues that need to be discussed. As general guidance, the following is proposed. Executive Summary and Primary Recommendations Chapter 1: Expropriation of Land and Non-Residential Assets; Chapter 2: Disbursement of Compensation and Take-Over; Chapter 3: Expropriation of Residential Structures; Chapter 4: Disbursement of Compensation and Take-Over; Chapter 5: Vulnerable Groups and Requests for Special Assistance; Chapter 6: Project Information Centre liaison Activities; Chapter 7: The Management of Potential Risks; Chapter 8: Conclusions and Recommendations. 8.9 Project Implementation Schedule Table below predicts the time the Resettlement Action Plan needs to be implemented in its entiretystarting from the preparation of the expropriation files to the Expropriation, Compensation, lands Take over and Monitoring of activities, showing who would be involved for what activity. Page 89 of 94 Table 8.2: Project Implementation Schedule Responsible Activities Actual or predicted time institutions Landholding and Asset Dam Designer January 2014 Census Social Surveys ESIA/RAP Consultant February-April 2014 Public Consultations ESIA/RAP Consultant April 2014 Disclosure of RAP ESIA/RAP Consultant May 31, 2014 Publication of Expropriation After CoM has confirmed financing is CoM Decree secured. (Predicted January 2015) Publication of EC’s After completion of EC valuation procedures EC Assessment Report (Predicted April-May 2016) 30 days from publication of EC’s Assessment open for Appeal ED, PAPs and AC Assessment. Decision with 3 months. Total time frame predicted for land take to CDR supported by the be 22-24 months from publication of Land Evacuation relevant authorities Expropriation Decree. (Completion predicted February-May 2018). CDR supported by the 15 days after payment for vacant land, 30 Resettlement relevant authorities days after payment for land with buildings. Initiation of construction CDR and Contractor May 2016 One month after the Date of Loan and bi- Internal RAP monitoring CDR, ED and DLRC annually thereafter until land take and resettlement completed. Six months after the Date of Loan and External Monitoring External RAP monitoring every six months thereafter until land take agency and resettlement completed. Page 90 of 94 9 PUBLIC CONSULTATION AND INFORMATION DISCLOSURE 9.1 Public Consultations Process Extensive public consultations were carried out with various stakeholders at various locations. 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. Consultations were held at 3 stages: One in spring 2012, the second in winter 2013 and the third in April 2014 (see details in Appendix A). All these meetings were advertised in the national press and via flyers to concerned municipalities. The ESIA/RAP Consultant established a dedicated mobile phone line and email address via which information on the meetings and the project could be obtained. At the February 2013 Public Consultation meetings issues related to the Lands acquisition and the procedures for land and asset expropriation were discussed with PAPs who attended those meetings. The floor was then opened to attendees to air their comments and concerns. The sessions were held in different venues, for instutional stakeholders, local PAPs in the villages in the vicinity of the proposed Bisri dam, and Greater Beirut residents. The village sessions were scheduled at weekends and early evenings week-day for Beirut Water Consumers to allow the maximum number of concerned people to attend. The locations, number of people that participated and the consultation methods are summarized in Table 9.1. Page 91 of 94 Table 9.1 Summary of Consultation Sessions Number of Date / Time Location Methods Persons Saturday 26 April 2014, 3 pm Mazra’ated-Dahr Municipality 10 Consultations Saturday 26 April 2014, 10 am Bisri Church Hall 43 Final Friday 25 April 2014, 3 pm Mazra’atEchouf Municipality 28 Each session commenced with the introduction by the Project Proponent in which the scope, objectives and Friday 25 April 2014, 10am Aamatour Municipality 15 an update about of GBWSAP advancement were shared with the audience. The Consultant (Dar Al- Saturday 9 February 2013, 2:30pm Mazra’atEchouf Municipality 35 Handasah), then gave a power point presentation, ESIA/RAP Findings covering in addition to the ESIA final findings, all Dissimenation Saturday 9 February 2013, 10am Aamatour Municipality 28 matters that are related to the Expropriation of lands Wednesday 6 February 2013, 5pm Hadat Municipality 10 and assets, Expropriation Procedure, Compensation Entitlements Appeal and Grievance Procedures and Saturday 2 February 2013, 3.30pm Mazra’ated-Dahr Municipality 15 finally the indicative compensation rates for various Saturday 2 February 2013, 10am Midane Municipality 36 lost assets. Wednesday 30 January 2013, 10am. CDR, Central Beirut 13 The floor was then opened to attendees to air their comments and concerns. Attendees were encouraged Saturday 5 May 2012, 10am Beirut Municipality 43 also to note their questions and concerns on papers Scoping Sessions Tuesday 24 April 2012, 10am Hadath Municipality 25 distributed to the audience to that purpose. A large visual stand showing the whole area to be exproiated Saturday 21 April 2012, 11am Qartaba Municipality 28 with the number of plots that are affected was displayed. The proceedings of all sessions were in Thursday 12 April 2012, 10am Dmit Municipality 46 Arabic. Tuesday 10 April 2012, 10am Mazraat El Dahr Municipality 23 Tuesday 3 April 2012, 10am. CDR, Central Beirut 16 Page 92 of 94 The consultations intended to create a sense of commitment towards implementing the RAP 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 in the project area. The meetings and consultations were designed in line with local land use conditions. Specific efforts were made to identify and include women in consultation sessions. Representatives from the news media and NGOs and CSOs also attended these sessions. The groups identified during the survey and consultation process included: ï‚· People affected by land acquisition ï‚· People to be physically displaced ï‚· Residents in the project area and surrounding communities ï‚· Tenants and labours ï‚· Refugees ï‚· Government officials ï‚· Community leaders ï‚· Representatives of NGOs, CSOs, and media ï‚· At the start of the meetings and interviews an introduction to the project was conveyed to the subject. The introduction covered the following: ï‚· Background and rationale of the project ï‚· Expected works to be executed, including duration ï‚· Expected areas to be affected by the project and land acquisition ï‚· Procedures of land acquisition and compensation standards ï‚· WB procedures and requirements, highlighting safeguards ï‚· Rights of people adversely affected by the Project ï‚· 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. ï‚· Discussion of Mitigation measures and of Compensation that may be given to affected people. Page 93 of 94 9.2 Issues raised and responses provided of third round consultation ï‚· As mentioned above, the third round of public consultations was held in the four main villages within the project site catchment, to which were invited PAPs from the other concerned villages too. The importance of these sessions, with respect to the Resettlement Plan, is that they come immediately after the finalization of the lands expropriation files, where the expropriation limits and extent are well defined. As such the ESIA/RAP Consultant was in a position to share and discuss with PAPs the final Plan for Resettlement that is based on final project figures. ï‚· To ensure a more involving participation of the public invited to these session, the Arabic Executive Summary of the RAP was distributed, ahead of time of these consultations, to the concerned Municipalities and Mukhtars of all concerned villages, for public disclosure. That helped the attendees to these meetings to be better aware and informed about matters related to the Resettlement Action Plan. ï‚· During these sessions the Consultant has presented and explained to the audience all the matters that are related to the RAP such as: extent of lands acquisition and their impact over people, their settlement and livelihood, the eligibility for compensations, the expropriation procedures that will apply and finally the preliminary compensation standards rates for the lost assets. ï‚· Just after the Consultant presentation the floor was opened to the audience comments, questions and to share all their concerns about the project ï‚· The issues raised and the responses given are summarized in the attached Tables into Appendix A of this report. 9.3 Consultation arrangements during implementation The project proponent will continue consultations throughout the period of land expropriation and beyond; from a Project Information Centre (PIC) 28 where PAPs and other concerned persons will be able to consult project documents, find contact details of real estate agents, Lawyers and other service providers, and lodge comments, queries and complaints. The PIC will continue to operate throughout the period of construction and until the reservoir is at least 80% filled. The location of the PIC should be in a village 28 PIC is part of the PIU. Page 94 of 94 adjacent to the project and in close proximity to the optimum number of PAPs.The project implementation process provides three primary means for PIU to interact with PAPs: ï‚· 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; ï‚· Affected persons may bring implementation issues or problems to management attention through the grievance management system; and ï‚· The PIU 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. 9.4 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. Additionally, summary contents of the RAP, including compensation rates for all categories of land and assets, eligibility Page 95 of 94 criteria for all modes of assistance, and information regarding the project grievance procedures, will be posted in an accessible and prominent place in the project area. 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. Page 96 of 94 10 Resettlement Cost and Budget This section includes itemized cost estimationfor all land acquisition and resettlement activities. The costs,under the present report, do cover not only those resulting from the expropriation activities in the areas upstream the dam, but also those incurred by same activities in the area below the dam for the purpose of constructing the dam water conveyor line down to Awali Hydro-Power Plant. 10.1 Basis of Costs The indicative rates listed under Section 6 of the present Report, are used here-after along with affected lands, structures and various assets, as quantified under Section 4,to estimate the preliminary cost of the wholeResettlement Operation. 10.2 Valuation of Lands Acquisition The cost of land acquisition, to be covered by GoL, was estimated at $120million for around 570 haof lands. Table below breaks downthe total cost by type of existing land and use. Table 10.1: Estimated Lands Valuation Ownership Unit cost Total cost Total Land use and cover Public Private m2 LBP/m2 LBP (m2) (m2) Irrigated Agricultural Fields at minimum distance of 100m 1,480,000 51,874 1,428,126 40,000 57,125,040,000 from river Other open rocky and steep 990,000 31,515 958,485 20,000 19,169,700,000 slopes lands Natural bush vegetation flat 1,050,000 322,610 727,390 40,000 29,095,600,000 Accessible Natural Pine 820,000 42,015 777,985 50,000 38,899,250,000 Woodlands Natural bush vegetation sloped 1,310,000 82,089 1,227,911 30,000 36,837,330,000 Total 5,650,000 530,102 5,119,898 Total (LBP) 181,126,920,000 Total (USD) 120,751,312 Page 97 of 94 10.3 Valuation of Structures Table 9.3 below presents the valuation of compensating the structural assets that are expected to be lost due to the project. It is worth noting that the below estimates exclude the costs that will be incurred by relocating Mar Moussa Church and rescuing of other archaeology ruins as these will not be part of the Resettlement activities. Table 10.2: Estimated Structural AssetsValuation Structural Asset Nr m2 LBP/m2 TOTAL LBP Basic housing, concrete 36 1,899 100,000 189,900,000 Old house 2 345 50,000 17,250,000 Concrete shelter for Agricultural 11 1,105 50,000 55,250,000 workers New house 14 2,159 500,000 1,079,500,000 Basic housing, concrete 9 372 100,000 37,200,000 Old house rennovated 3 371 100,000 37,100,000 Storage room concrete 18 1,101 50,000 55,050,000 Animal shed, concrete walls and floor 2 194 15,000 2,910,000 shelter wood, plastic 15 665 25,000 16,625,000 Old degrading house 24 1,822 50,000 91,100,000 Mar Moussa Church 1 95 - - TOTAL 135 10,128 TOTAL (LBP) 1,581,885,000 TOTAL (USD) 1,054,590 10.4 Loss of Field Crops Table below estimates costs of compensationfor the lost field crops as these were quantified based on the detailed expropriation file. Nevertheless, it is worth noting that, according to CDR, and under the Lebanese, Law Field Crops are not compensated for and as such the Consultant suggests as provision to be made that construction works not to be started until field crops season is completely over. Therefore; Field Crops below total cost will not be counted for in the total Resettlement Budget. Table 10.3: Estimated Costs for Field Crops Field Crops m2 LBP/m2 TOTAL LBP Strawberry under Poly-tunnels metal - plastics 40,000 20,000 800,000,000 Rose and other Flowers under Poly-tunnels 27,000 50,000 1,350,000,000 metal - plastics Open Field crops (Tomato, Lettuce , fava bean, 200,000 20,000 4,000,000,000 cabbages and others) Total 267,000 TOTAL (LBP) 6,150,000,000 TOTAL (USD) 4,100,000 Page 98 of 94 10.5 Valuation of Trees The total estimated cost for compensating the total number of trees to be cut nears the $25 Million. Table below details the total cost broken down into trees type and species.The loss of natural trees such as oak, pine and poplar, some 32,000, will be subject to compensatory planting, as included for in the RAP budget. Table 10.4: Estimated Costs for Compensating for Trees Unit Rate FOREST TREES No. of Trees Total Amount (LBP) (LBP / Tree) Young Mature Young Mature Young Mature Pine 3413 6501 150,000 400,000 511,950,000 2,600,400,000 Oak 3635 15081 150,000 400,000 545,250,000 6,032,400,000 Poplar 169 3688 40,000 75,000 6,760,000 276,600,000 Cypress 22 361 40,000 75,000 880,000 27,075,000 Cactus 15 124 40,000 75,000 600,000 9,300,000 Willow 145 4993 40,000 75,000 5,800,000 374,475,000 TREE CROPS Young Mature Young Mature Young Mature Pistachio 5 0 150,000 300,000 750,000 - Almond 91 587 150,000 400,000 13,650,000 234,800,000 Kiwi 42 188 150,000 400,000 6,300,000 75,200,000 Loquat 124 211 150,000 400,000 18,600,000 84,400,000 Peach 658 1829 150,000 400,000 98,700,000 731,600,000 Pomegranate 4648 2655 300,000 400,000 1,394,400,000 1,062,000,000 Olive 1235 6090 150,000 750,000 185,250,000 4,567,500,000 Avocado 1175 1001 150,000 400,000 176,250,000 400,400,000 Pear 89 533 150,000 400,000 13,350,000 213,200,000 Orange 6167 12155 150,000 400,000 925,050,000 4,862,000,000 Apple 851 751 150,000 400,000 127,650,000 300,400,000 Fig 125 389 150,000 400,000 18,750,000 155,600,000 Lemon 287 278 150,000 400,000 43,050,000 111,200,000 Apricot 8 174 150,000 400,000 1,200,000 69,600,000 Mango 85 85 200,000 750,000 17,000,000 63,750,000 Chestnut 0 8 200,000 750,000 - 6,000,000 Date Palm 6 49 200,000 400,000 1,200,000 19,600,000 Sumac 54 0 150,000 400,000 8,100,000 - Pomelo 9 0 150,000 400,000 1,350,000 - OTHER TREES 5679 24346 150,000 400,000 851,850,000 9,738,400,000 SUB-TOTAL 28,737 82,077 4,973,690,000 32,015,900,000 GRAND TOTAL 110,814 GRAND TOTAL (LBP) 36,989,590,000 (Number) GRAND TOTAL (USD) 24,659,727 Page 99 of 94 10.6 Other land Attachment Assets There are some other Land attachment assets to be lost with the LandsAcquisition. These assets shall be compensated for,incurring a total compensation cost that will be included into the Resettlement Budget as it follow. Table 10.5: Estimated Costs for Other Land Attachment Assets Unit rate Other Land attachments Unit Quantity TOTAL LBP LBP Water ground tank, concrete cubic meter 585 100,000 98,500,000 Water tank, elevated, plastic on metal cubic meter 510 600,000 546,000,000 frame Poly-tunnels, metal and plastic meter square 40,000 10,000 400,000,000 Agricultural and Irrigation Equipments meter square 227,000 20,000 4,540,000,000 Animal shed, concrete walls and floor meter square 2,220 15,000 33,300,000 Metal overhead Pergola square meter 115 1,000 115,000 Metal pipes linear meter 55 1,000 65,000 Metal wired fence linear meter 1,580 7,000 11,756,500 Water channel, open, concrete linear meter 550 15,000 14,850,000 GRAND TOTAL (LBP) 5,644,586,500 GRAND TOTAL (USD) 3,763,058 10.7 Summary of Resettlement Costs Table below presents the summary of all incurred costs for implementing the RAP, as presented in the above sections. The total estimated cost comes to about $171million USD, to be covered by GoL, and that is distributed into three costing categories, as it follows: i. Compensation costs that stand for all the incurred costs due to compensating all lands and assets losses. These are obtained from total costs as estimated under Tables from 9.1 to 9.5 above; ii. Other costs that result from compensating people in helping them to restore their livelihoodand income conditions in addition to Resettlement Monitoring and Benefits Sharing programs. The basis of these other costs are as it follows; - Resettlement and livelihood re-establishment: the provisional estimates assume $45K/Lebanese household, $25K/Non-Lebanesehousehold for total of 14 and 35 households respectively (Section 4); - Benefit Sharing through BVCF: Initial funding plus estimate of establishment costs; - Compensatory planting of natural tree cover: 1:1 replacement of oak, pine and poplar, including purchase, ground preparation, planting and watering for 2- years. (32,500 trees @$45/tree); - RAP Monitoring and Evaluation: Estimated man-month inputs. Page 100 of 94 iii. and finally miscellaneous cost that isobtained by adding 10% on the previous total costs to account for all other miscellaneous costs. Table 10.6: Total Project Resettlement Budget29 Compensation Costs Total USD Compensation for Lands to be taken $120,751,312 Compensation for Structures to be demolished $1,054,590 Compensation for Field crops losses* $0 Compensation for Trees losses $24,659,727 Compensation for other Lands attachment losses $3,763,058 Total for all Compensations $150,228,686 * Construction works shall not be started until field crops season is over. Other Costs Total USD Assistance with resettlement and livelihood re-establishment $3,000,000 Benefit Sharing program $1,500,000 RAP Monitoring and Evaluation $500,000 Total for all Other costs $5,000,000 Miscellaneous (10%) $15,522,869 GRAND TOTAL (USD) $170,751,555 Finally; this is worth noting that the above items costs exclude the following: ï‚· Archaeological Rescue: Bilateral aid contributions; ï‚· Mar Moussa Church: Relocation and architectural salvage of building materials from the inundated area to expand church facilities; ï‚· No compensatory planting of fruit and other tree crops. Olives trees are likely to be salvaged and replanted, but will still be compensated; ï‚· RAP M&E: GOL/CDR costs; ï‚· RAP M&E: WB/funding agency oversight costs; ï‚· Any cost associated with construction and supervision. All resettlement funding will be channelled from Ministry of Finance to CDR. CDR will pay the compensation directly to the people affected. 29 The administration cost will be covered by PIU budget and not included in the RAP. Page 101 of 94 APPENDIX A RECORDS OF PUBLIC CONSULTATIONS Page 102 of 94 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Introduction During the execution of the Greater Beirut Water Supply Augmentation Project, thee separate public consulation exercises have been held, as follows: April 2012 Presentation of the results of the PDESIA, todisseminate the results of the study of the three dam options (Janneh, Damour and Bisri) and to outline the scope of the ESIA and RAP to be undertaken on the preferred option. Sessions held in the vicinity of each dam option, for Beirut water consumers, and for institutional stakeholders January/February Presentation of the results of the ESIA for the proposed dam in the 2013 Bisri Valley on the basis of the design promulgated in the 2011 Updated Feasibility Report and on the preliminary assessment of land expropriation requirements. Sessions were held in five concerned municipalities in the vicinity of the dam and for institutional stakeholders. April 2014 Presentation of the ESIA prepared on the basis of the revised design of 2013 and on fuller survey of land expropriation requirements. Concurrently with the ESIA presentation, the results of the RAP were also presented. based on responses from previous sessions and the degree to which land within each municipality was being expropriated, four sessions were held in concerned municipalities. This appendices presents the results of these consultation sessions starting with the most recent. For the 2012 and 2013 consultations, the following are presented: ï‚· A short introduction to the sessions; ï‚· Attendance – copies of the original sheet completed by attendees together with a translation of their names and the organisations they represented; ï‚· Comments – copies of the original comment sheets together with a translation of the comments and the responses prepared by the Consultant; ï‚· Presentation - copy of the MS PowerPoint presentation (in Arabic); and, ï‚· Handouts – a copy of the handout given to attendees at the commencement of each session (in Arabic). For the April 2014 sessions, the following are given: ï‚· Signed receipt sheets for the deliver of both ESIA and RAP Executive Summaries (in Arabic) to all concerned municipalities and villages prior to the public sessions; ï‚· Details of the Press advertisement of the sessions prior to their presentation; ï‚· Attendance – copies of the original sheet completed by attendees together with a translation of their names and the organisations they represented; ï‚· Comments – A translation of the comments received at the sessions; ï‚· Comments received from municipalities and villages in response to the circulation of ESIA and RAP Executive Summaries; L12002-0100D-RPT-ENV-04 REV 4 A - 1 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan ï‚· Comments received by the Consultant subsequent to the sessions on the project- dedicated phone line and email address established specifically for the purpose; ï‚· presentation and handout – copy of MS PowerPoint presentation (in Arabic) ï‚· Log of Calls and mails from the Public to GBWSAP-Dedicated Phone and Email. For the April 2014 sessions in the concerned villages, where the RAP was the prime topic of discussion, the ESIA/RAP Consultant prepared a special presentation display panel on which to show the land it was intended to expropriate together with a ‘quick -reference’ list of cadastral plot numbers by cadastral region. Display panel being consulted by early arrivals at the Bisri village session. L12002-0100D-RPT-ENV-04 REV 4 A - 2 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan APPENDIX A1 APRIL 2014 PUBLIC CONSULTATION SESSIONS L12002-0100D-RPT-ENV-04 REV 4 A - 3 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Introduction Following revisions to the ESIA and RAP consequential upon changes to Dam design, land expropriations requirements, completion of the household survey and the establishment of indicative costs, further sessions of public consultation were held as follows: Date Location Time Venue Attendees Aamatour 10.00am Municipality Hall Friday 25 April Mazraat El Chouf 3.00 pm Municipality Hall Bisri 10.00am Church Hall Saturday 26 April Mazraat El Dahr 3.00 pm Municipality Hall In addition to the attendees noted above and given on the list of attendees, listed above, the following were also present to undertake the presentations and respond to comments from the floor: Organisation Persons ESIA/RAP Consultant 4 CDR 2 World Bank 1 Dam Design Consultant 2 Attendees were predominantly male. Those females that did attend were as follows: Location Number Details Aamatour None - 1 municipality office employee Mazraat El Chouf 2 1 young daughter with her father 1 wife accompanying her husband Bisri 4 2 sisters Mazraat El Dahr None - One month prior to these sessions, on Wednesday 26 February, copies of plans showing the extent of proposed expropriation together with a list of plot numbers was posted in each of the four meeting venues for public reference. The scale of these diagrams was such that plot numbers could easily be distinguished. During each of the sessions, the ESIA/RAP consultant erected special display panels showing the previously. At two locations, Mazraat Al Chouf and Bisri, the original diagrams were still in place but considerably faded. At the other two sites the municipality had removed the diagrams L12002-0100D-RPT-ENV-04 REV 4 A - 4 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan from the walls but kept them available for public reference. At all four sites on the day of the sessions new copies of the plans were given to each municipality for future public reference. Each of the four sessions followed the same general format: ï‚· Distribution of hand-outs and attendance sheet; ï‚· Short introduction by CDR; ï‚· Introduction by ESIA/RAP Consultant, explaining the purpose of the session, introducing those present from CDR and the consultants, and explaining the current status of the project; ï‚· PowerPoint slide presentation of ESIA study and its outcome; ï‚· PowerPoint slide presentation of the RAP, with specific details of land expropriation procedures, grievance redress and indicative rates of compensation; ï‚· The majority of each session was then open to receive comments and concerns from the floor. The comments received are given below. In addition, two of the municipalities (Mazraat El Chouf and Bisri) submitted pre-prepared comments, while one of the attendees at Bisri, a lawyer representing several landowners, drew up a petition at the end of the session to which several landowners appended their signature. A small number of people, refused to sign the attendance sheet, while some other refused to acknowledge their comments in writing. The overall attitude of all four audiences was strongly opposed to the construction of Bisri Dam. At Aamatour, barely has the introduction to the session been completed when for several minutes the meeting descended into uproar as attendees stood and shouted their opposition. At the other three sessions the presentations were received more politely, but at each, mild uproar again resulted when the indicative rates of compensation, everywhere considered far too low by attendees, were displayed. As was always anticipated, the majority of comments raised from the floor concerned land expropriation and asset compensation. While Figure here below shows how these meetings were notified to the public via the national press, the Tables that follow report the details of these venues. L12002-0100D-RPT-ENV-04 REV 4 A - 5 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 6 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Session 1: Aamatour 25 April 2014 Name Company / Position Ali Hasan Mourad Owner Zoukan Abdel Samad Head of Municipality / Owner Saed Fayez Moursel Ministry of Public Works Salim Salem Owner Anwar Fouad Abou Chakra Landowner Akram Rafea Abou Chakra Owner Walid Hasan Abou Chakra Participant Makram Abed Al-Samad Landowner Wafic Abou Chakra Participant Hikmat Abou Chakra Landowner representative Abbas Abou Chakra Maamoun BAdia Abou Chakra Landowner representative Majid Hachem L12002-0100D-RPT-ENV-04 REV 4 A - 7 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Jihad Abou Chakra Municipality Member Nassar Abou Chakra Owner Summary of issues raised at Aamatour Session and Client Responses Zoukan Abdel Samad Response Head of Municipality/Landowner The main affected people from Bisri dam Farmers will be compensated for the loss of their are the farmers. lands, assets and livelihoods according to Lebanese Law and RAP. While loss of agricultural employment and income will be unavoidable, new economic opportunities will result. A Benefit Sharing programe30 will be established to support small scale development activities in the surrounding villages managed by local people. People are worried about the side Dam Safety Plans have been formulated based on effects of the dam. (i.e: In France, the Dam Breach modelling and inundation analysis collapse of a dam killed lots of people) undertaken by the dam designer. The dam breach report includes an Emergency Action Plan with details of implementation. The detailed designs of the dam have also been reviewed by an international panel of experts on dam safety. The project is refused by several An Analysis of Alternatives has been undertaken and Aamatour citizens; therefore it is based on a multi-criteria comparative assessment important to find alternatives. Bisri dam was recommended to be the priority scheme for Greater Beirut Water Supply Augmentation. People of Aamatour and the region It is common practice to move water from rural areas should not face the consequences of with plentiful resources to urban areas that suffer supplying Greater Beirut citizens with shortages. Surrounding villages in Chouf and Jezzine water. will benefit from improved infrastructure such as Amatour citizens are themselves facing sanitation and from the economic opportunities water shortage and need water as much provided by future development. A Benefit Sharing as Beirut. program will be established to fund projects in the surrounding villages. Maamoun Badia Abou Chakra Response Landowner representative From the very beginning, the project is Compensation to landowners will be undertaken being refused by most of the citizens in according to Lebanese Law and the provisions of the area. World Bank Operating policy OP 4.12, both of which The land to be expropriated constitutes are described in the RAP, which when approved will a property of material and sentimental be disclosed publically. value. 30 The details of the Benefit Sharing program will be further developed in consultation with local communities. An operation manual will be prepred to guide the implementation of the Benefit Sharing program, including the eligible activities, institutional arrangements of implementation, financial management, and procurement. L12002-0100D-RPT-ENV-04 REV 4 A - 8 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan The Project will be done without any There are established project-specific eligibility compensation that gives material criteria incorporating all persons deemed affected by entitlement to the landowners and their the project and establishing eligibility for heirs and without compensation to the compensation or other assistance as a result of all community benefiting from the land, project-related impacts. All these were included into especially the Municipality of Aamatour the Compensation Matrix in the RAP. If the PAP which is entitled to collect taxes. remains unsatisfied with the compensation offered, there is a Grievance Redress Mechanism that provides for independent review. It is proposed to establish a Benefit Sharing Program to share Project benefits with local communities. It is also expected that contractors will favour local residents with employment opportunities that will be generated by the Project. It deprives the area of a valley and a This is understood, and the project has investigated plain that are favorable for the environmental degradation, the results of which are environment, for agriculture and more. accepted by the Ministry of Environment and will be mitigated appropriately as per the Environment and Social Management Plan (ESMP). Will this project be able to compensate All lost assets will be compensated on the basis of the profit of 90 million L.L/ year that my Lebanese Law and World Bank OP 4.12 as described pine trees provide? in the RAP. All land and assets will be compensated at current market prices. Hikmat Abou ChaKra Landowner Response representative I refuse the project since it is the main Farmers will be compensated for the loss of their source of income for farmers. livelihoods, lands and assets according to Lebanese Law and RAP. While loss of agricultural employment will be unavoidable, new economic opportunities will result. Where land acquisition is extensive, affects a person’s means of livelihood, or requires the physical relocation of households, additional asssistance will be made available. I wonder if the dam has really been The ESIA identifies a wide range of potential studied environmentally and whether it environmental and social impacts, and proposes has been approved internationally measures to avoid mitigate or manage each during especially that the Project is a massacre both construction and subsequent operational life. to the trees and crops animals, reptiles, Extensive environmental quality monitoring and birds, and fish, as well as the reporting is proposed to ensure the adequacy of these community and their livelihoods. measures. Emphasize more on the environmental . A Biodiversity Management Plan has also been aspect especially that the dam side proposed for the rescue of any species that might effects is considered to be a massacre. need this. Livelihoods will be compensated for according to the provisions of the RAP. Study desalination as an alternative. Desalination was one of the considered alternatives. While it may be feasible, it has many disadvantages, such as requiring a heavy industrial plant located on the coast, the generation of large quantities of highly saline brine that will impair seawater quality, and a significant increase the cost of water to consumers. Ali Hasan Mrad Response Landowner Are there going to be access roads from There will be a service road to the dam. The need for L12002-0100D-RPT-ENV-04 REV 4 A - 9 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan the villages to the dam area? additional roads will be considered by the Master Plan Severance needs to be considered. for catchment development. But all land needed for the project and associated facilities have been covered by this RAP. Why is the price of agricultural lands The rates given are indicative of existing market less than 100 m and more than 100 m price for the purpose of estimating RAP budgets. It from the river the same price? will be the responsibility of the Expropriation Commission to set the fair and appropriate values of land based on site inspection. The last two slides showing prices lack Kidney beans are not listed separately but they are kidney beans. included under the Grains Session 2: Mazraat El Chouf 25 April 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 10 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Name Company/Position Youssef Zibyan Afif Zibyan Mazraat Al-Chouf Ayda Zibyan Municipality Municipality Bechara Azam member Ayoub Bou Karoum Employee Ghassan Bou Karoum Retired Mohamad Youssef Al- Trading Beaini Ghandi Youssef Al- Trading Beaini Farouk Ahmad Zebyan Retired Jihad Ajab Municipality Clerk Municipality Chafik Al-Beaini member Youssef Bou Karoum Municipality Haitham Abou Karoum member/ Owner Ali Zebyan Farmer/ Owner Walid Bou Karoum Mukhtar/ Owner Nabil Al-Beaini Retired L12002-0100D-RPT-ENV-04 REV 4 A - 11 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Adnan Al-Beaini Employee Marwan Al Beaini Employee Rajaa Al-Beaini Employee Shawki Al-Beaini Owner Saed Bou Karoum Owner Afaf Bou Karoum Owner Rajab Zibyan Owner Afif Zibyan Inheritance Youssef Zibyan Inheritance Marwan Zibyan Owner Tarek Bou Karoum Owner Elie Abou Rejaili Dar Al-Handasah Consultation seesion underway in Mazraat El Chouf Municipality 25 April 2014. L12002-0100D-RPT-ENV-04 REV 4 A - 12 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Summary of issues raised at Mazraat El Shouf Session and Client Responses Ali Zebyan Response The dam will not benefit the village It is common practice to move water from rural areas since the project aims to improve with plentiful resources to urban areas that suffer Greater Beirut area only. shortages. Surrounding villages in Chouf and Jezzine will benefit from improved infrastructure such as sanitation and from the economic opportunities provided by future development. Also, a Benefit Sharing programme will be established to fund those projects in the surrounding villages. The fertile land, which is the main Agricultural land will be compensated according to its source of income for farmers, will be value established under Lebanese Law and World destroyed by the construction of the Bank OP 4.12. dam. For persons directly and significantly affected by the project, there will also be provision for the restoration of incomes or livelihoods. Where land acquisition is extensive, affects a person’s means of livelihood, or requires the physical relocation of households, additional assistance will be made available. Shawki Al Beani Response Landowner Lebanon is in need of dams and the Bisri Dam will include additional provision to generate people are willing to accept the project hydropower to the national grid and a Benefit Sharing only if it benefits the area and its people programme will be established to spread the benefits (such as provide electricity to Jezzine) to the areas most affected. Is still possible to change the project? Yes. The objective of public consultation is to note the comments and concerns of the affected population and to take these views into account during project design, construction and execution. Haitham Abou Karoun Municipality Response member/ Landowner The project opposes the government The RAP stipulates that every reasonable effort is to law which states that people should be made to avoid or minimize the need for land remain attached to their lands and acquisition and resettlement. Where they are properties. unavoidable, the RAP lays out the policy and procedures to ensure persons subjected to adverse impacts are fairly compensated for all lost land and assets, and otherwise provided with other assistance to provide sufficient opportunity to at least restore their incomes and living standards. The proposed dam project should All surrounding villages in Chouf and Jezzine will stipulate benefits for the village of benefit from improved infrastructure such as Mazraat Al-Chouf since the properties sanitation and from opportunities provided by future that are up for expropriation are mostly development. A Benefit Sharing programme will be owned by the local community. established to fund those projects in the surrounding villages. Walid Adib Bou Karoum Mukhtar/ Response Landowner There was no mention of a seawater Desalination was one of the considered alternatives. desalination project given that we own a While it may be feasible, it has many disadvantages, L12002-0100D-RPT-ENV-04 REV 4 A - 13 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan long stretch of coast on the Lebanese such as requiring a heavy industrial plant located on border. the coast, the generation of large quantities of highly saline brine that will impair seawater quality, and a significant increase the cost of water to consumers. The town of Mazraat Al-Chouf is Bisri Dam will include provision to generate supposed to benefit from water and hydropower and deliver it to the national grid. electricity; and we insist on this. The creation of the dam constitutes a Farmers will be compensated for the loss of their great loss for agriculture since this is livelihoods, lands and assets according to Lebanese the best land we have in terms of Law and RAP. While loss of agricultural employment agriculture + natural beauty + will be unavoidable, new economic opportunities will compensations are much lower than the result. value of the land. Where land acquisition is extensive, affects a person’s means of livelihood, or requires the physical relocation of households, additional assistance will be made available. Shawki Al-Beaini Response Landowner The landowners’ consent or lack thereof Bisri Dam will provide both water and electricity. depends on the services supplied by the While this will not go directly to local consumers, it dam. If it will not supply electricity to will free up resources currently dedicated to Greater the surrounding villages, what is the use Beirut for distribution to more rural communities. of the dam? If it will not supply water to the people who need it, why should we build it? Representatives of landowners from The Purpose of the Public Consultations is to convey Mazraat Al-Chouf and Aamatour should PAPs concerns to the Project Proponent and to voice be added to the Expropriation their ideas. Moreover, and as explained to public Commission to discuss fair remuneration consultations audience the Expropriation Commission for the land. will include one independent observer to ensure that no-biased compensations will be decided. Nabil Chahine Al-Beaini Landowner Response I object to constructing the dam at this All views will be considered by the project proponent particular site because the land that will and funding agencies. be expropriated, especially the plain, has been our ancestral land for 400 years. Therefore, we ask that the dam be moved somewhere else. Nabil Ali Qassem Zibyan Response Instead of serving Beirut, kindly supply All surrounding villages in Chouf and Jezzine will services to Mazraat Al-Chouf and the benefit from improved infrastructure such as neighboring villages to encourage sanitation and from opportunities provided by future people to stay and cultivate the land development. A Benefit Sharing programme will be instead of migrating. established to fund those projects in the surrounding villages. Saed Bou Karoum Response Landowner The dam should be moved from its The proposed dam location has been studied from all current location to a site below standpoints including geology, seismology, water Moukhtara – Ain Qeni which will provide tightness, etc. The site below Moukhtara-Ain Qeni is the needed water supply to the very karstic, therefore water leakage at this site is neighboring villages and prevent expected to be very high. L12002-0100D-RPT-ENV-04 REV 4 A - 14 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan expropriation of agricultural land. I own and operate a park during the For persons who are directly and significantly affected summer and that it constitutes my by the project, there is provision to at least restore, livelihood. their incomes or livelihoods. Where land acquisition is extensive, affects a person’s means of livelihood, or requires the physical relocation of households, additional assistance will be made available. Privately owned green areas without public access cannot be considered as a park. Mohamad Al-Beaini Response Landowner While the city of Beirut is supplied with Water from Bisri Dam will help release currently water for 3-4 hours per day, while our oversubscribed resources for less fortunate areas. The town, Mazraat Al-Chouf, is supplied with benefit Sharing programme will also focus on water for an approximate 3-4 hours, community projects such as water and electricity twice a week. supplies. Create a special committee of The Purpose of the Public Consultations is to convey landowners for Mazraat Al-Chouf and PAPs concerns to the Project Proponent and to voice Aamatour given the proportion of their ideas. Moreover, and as explained to public landowners, in order to follow up on all consultations audience the Expropriation Commission details. will include one independent observer to ensure that no-biased compensations will be decided. Farouk Ahmad Zebyan Response Landowner I agree with everything that was Your comments are noted with many thanks. mentioned in the explanation. I support the construction of the dam. Marwan Zebyan Response Landowner What are the direct benefits for the All surrounding villages in Chouf and Jezzine will town community? benefit from improved infrastructure such as sanitation and from opportunities provided by future development. A Benefit Sharing programme will be established to fund those projects in the surrounding villages. Participation of the municipality in the The composition of the various commissions and valuing committee. committees is laid down under Lebanese law. Local municipalities have a role in the special grievance Redress procedure formulated for this project at the behest of the World Bank. They will therefore play a major role in achieving the levels of compensation PAPs to which PAPs feel entitled. Roads should be created to connect The need for new roads will be considered by the towns and reap economic benefit. We Master Plan for catchment development. Water from need water and electricity from the Bisri Dam will help release resources for less dam. fortunate areas. The Benefit Sharing programme will focus on community projects such as water and electricity. A percentage or amount should be A Benefit Sharing Program will be created to spread supplied and added to the revenue of the benefits of the project to local communities. the municipality instead of using part of Initially this will utilise the capital funds for the the town properties (e.g. telephone and project, but later will continue through continued electricity). revenue from primary beneficiaries and other sources. L12002-0100D-RPT-ENV-04 REV 4 A - 15 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Where will the archeological monuments The directorate of Antiquities will be responsible for be transferred? Identify the location rescue archaeology and the project will fund all before proceeding with expropriation. necessary activities to preserve heritage remains. Establish the location to which fertile The transfer of fertile soil to less-fertile areas is a soil will be transferred and the proposal already included in the ESIA. beneficiaries. Propose a different location between the The proposed dam location has been studied from all towns of Mazraat Al-Chouf, Aamatour standpoints including geology, seismology, water and Moukhtara. tightness, etc. The site below Moukhtara-Ain Qeni is very karstic; therefore water leakage at this site is expected to be very high. Mazraat Al-Chouf Municipality Response The expropriated properties constitute Farmers will be compensated for the loss of their the most productive land and the livelihoods, lands and assets according to Lebanese principal source of livelihood of many of Law and RAP. While loss of agricultural employment the landowners. will be unavoidable, new economic opportunities will The compensation that we will receive result. for our land will not cover the deficiency Where land acquisition is extensive, affects a person’s that will occur after expropriation. means of livelihood, or requires the physical relocation of households, additional assistance will be made available. The Bisri site is environmentally vital The ESIA identifies a wide range of potential and is unique in the Chouf region. environmental and social impacts, and proposes measures to avoid, mitigate or manage each during design, construction and subsequent operation. Extensive environmental quality monitoring and reporting is proposed to ensure the adequacy of these measures. The Bisri site is located on a seismic risk Protection against seismic effects have been zone and the presence of a lake incorporated into dam design to the maximum it is increases the threat in this concern. possible. Dam Breach modelling and inundation analysis have been undertaken by the dam designer. This work includes an Emergency Action Plan. The area is home to an archeological The DGA will execute and archaeological rescue plan Roman city buried underground, some in accordance with their responsibilities under monuments of which are still visible Lebanese law. above ground. The Mazraat Al-Chouf town will not All surrounding villages in Chouf and Jezzine will benefit neither from the dam’s water benefit from improved infrastructure such as nor from the generation of electricity. sanitation and from opportunities provided by future development. A Benefit Sharing programme will be established to fund those projects in the surrounding villages. The water level elevation and The ESIA Consultant has recommended the expropriation of a 50 meter zone on the development of a Master Plan for the Development of borders of the lake include hills that are the Bisri Lake Shoreline and Surrounding Areas. significant for investment. Many towns people were born in this The comment is noted. area; thus the area is of sentimental value to them. It is worth mentioning that there are The proposed dam location has been studied from all other sites that are not fit for agriculture standpoints including geology, seismology, water where the project can be built, tightness, etc. many other possible sites are very including, for example, the valley karstic; therefore water leakage at this site is L12002-0100D-RPT-ENV-04 REV 4 A - 16 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan located between the towns of Aamatour expected to be very high. and Al-Mazraat and the valley of Damour. Session 3: Bisri 26 April 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 17 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Name Company / Position Rafic Abou Atmeh Mukhtar - Machmouchy Engineer Micheal Abou Atmeh Engineering Consultant Jamil Jebran Owner Emil Mourad Binwati Municipality Toni Youssef Habib Engineer Remond Gergy Bou Sleiman Government Security Agent Fady Gergy Bou Sleiman Joseph Gergy Bou Sleiman Ministry of Telecommunication Ghassan Gergy Bou Sleiman Ogero Toni Gergy Bou Sleiman Ministry of Telecommunication Maroun Houbaika Mukhtar – Al-Midan Maroun Abou Samra Al- Vice head of Municipality – Al- Khoury Midan Shafic Boulos Mukhtar Bisri Priest Peter Al-Khawand Bisri Priest Chafic Eid Mukhtar - Bisri Engineer Marwan Amine Ministry of Public Works Student Eid Khatar Sagesse School L12002-0100D-RPT-ENV-04 REV 4 A - 18 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Name Company / Position Jihad Khatar Employee / Owner Kherbet Bisri Chaker Sinan Owner – Al-Midan Marie Dominic Awad Farhat Owner – Marj Bisri – Al-Midan - Krazella Awad Chebat Owner – Marj Bisri Nazira Awad Sabagha Owner – Marj Bisri – Al-Midan - ‫نظيرة عواد صباغة‬ Jean Houbaika Owner – Aamatour – Al-Midan - Youssef Chaker Sinan Owner – Al Midan Louis Afif Owned by Deir Al-Mukhales Henry Al Sayegh Investor - Deir Dhanin Youssef Boutros Al Ajeil Owner – Aamatour and Bhanin Tanous Boutros Al Ajeil Owner Aray Wafaa Maarouf Saad Owner – Marj Bisri Adel Salim Al Kadi Owner – Marj Bisri Antoine Wehbeh Owner / Mukhtar Ghada Gerges Harb Owner – Aamatour Elie Charbel Awad Owner – Al-Midan Owner – Aamatou, Bkasin, AL- Maroun Sleiman Karam Ghabatiyeh Elias George Assaf Owner – Bchary Asaad Btaich George Nadim Abou Samra Owner – Mazraat Al-Daher Chadi Akel Owner Lawyer Charbel Gerges Owner Harfouch Remon Habib Abou Samra Owner – Al-Harf Wissam Akel Owner – Al Harf, Al-Midan Najib Akel Owner – Al Harf, Al-Midan Maroun Akel Owner – Al Harf, Al-Midan L12002-0100D-RPT-ENV-04 REV 4 A - 19 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Consultation seesion underway in Bisri Church Hall 26 April 2014. L12002-0100D-RPT-ENV-04 REV 4 A - 20 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Summary of issues raised at Bisri Session and Client Responses Sleiman Bou Seiman Response I am against the project especially that The Purpose of the Public Consultations is to convey people live from this land and educated PAPs concerns to the Project Proponent and to voice their children from it. their ideas. You comment is noted. I am vehemently opposed to the project. George Nadim Abou Samra Response Landowner What were the feedbacks of other public Opinion is variable. The Purpose of the Public consultations and is still the possibility to Consultations is to convey PAPs concerns to the stop the project? Project Proponent and to voice their ideas. Charbel Harfouche Response Lawyer Building the dam is not considered to be For persons who are directly and significantly fair for people living from this land affected by the project, there is provision to at least (especially that many of the people living restore, their incomes or livelihoods. in the area are poor and overcame many Where land acquisition is extensive, affects a wars thus need this land for survival). person’s means of livelihood, or requires the physical relocation of households, additional assistance will be made available. Create a company of shares as the best This idea for a joint-stock company may have merit solution for fairness in compensation- but encompasses a range of legal issues beyond the creation of a joint-stock company, like scope of the present ESIA and RAP. Your comment Solidere, whereby landowners are given is noted and has been passed to the project shares in the company capital and proponent for further consideration. funding parties given shares based on their financial contributions. Fairness predicates the participation of landowners by holding company stock, collecting dividends and trading on the stock exchange. Adel Salim Al Kadi Response Provide yearly compensation for all All surrounding villages in Chouf and Jezzine will farmers in the affected area. benefit from improved infrastructure such as Create an agenda for improving and sanitation and from opportunities provided by future enhancing the Jezzine/Chouf area instead development. A Benefit Sharing programme will be of supplying Greater Beirut. established to fund those projects in the surrounding villages. Create an organization to protect the dam The dam will be designed with a degree of and water quality. earthquake projection and an Emergency Action Plan will be put in place. Water quality monitoring will be routine throughout dam operation will improve the quality of inflowing streams. The study did not stipulate payment of An Environmental and Social advisory panel will be annual compensation for developing the appointed to provide independent review of, and area around the dam guidance on, the treatment of environmental and The study did not stipulate the creation of social issues associated with planning, design, a body to monitor the protection of the construction and operation of Bisri dam and dam from pollution and preservation of reservoir from the date of their appointment to a fishery resources. period expected to be not less than 3 years into dam operation. L12002-0100D-RPT-ENV-04 REV 4 A - 21 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Jamil Jebran Response Landowner I: Seismic Risk Protection against seismic The planned dam is to be constructed over the Room fault line and effects have been an “earthquake of high magnitudeâ€? is expected. incorporated into dam Certain historical literature and ancestral accounts passed down design to the maximum it through generations tell of a strong earthquake that occurred in is possible. Dam Breach the mid-6th century (probably the year 556) which resulted in a modelling and inundation massive collapse that blocked the riverbed and prevented the flow analysis have been of water for fourteen months, thus creating the fertile, sedimentary undertaken by the dam Bisri plain irrigated by the river and the springs issuing from its designer. This work banks. includes an Emergency The villages of Mazraat Al-Mathaneh and Kherbet Bisri were built Action Plan. The detailed on the debris left by the aforementioned earthquake. Any flash design of the dam has flood that leads to the dam collapsing will have as a consequence been reviewed by an the destruction of the greatest part of the two villages and may international panel of carry them away entirely. experts on dam safety that A flood occurred in the early seventies due to abundant, late has examined the issue of rainfall. It caused considerable destruction on the outskirts of seismic risk in detail. Mazraat Al-Mathaneh and mudslides that buried Al-Awali power plant (Boulos Arqash plant). The dangers created by the collapse of the dam due to an earthquake are not limited to the volume of water rushing down suddenly. One must consider the soil, rocks and trees that will be carried by the sudden onslaught, which will raise the water level even further. The riverbed would be too narrow to hold it all in and the banks would collapse. This increases the risk that the villages of Kherbet Bisri and Mazraat Al-Mathaneh will be carried away, given that, as we mentioned earlier, they stand on the debris left by the earthquake in ancient times, and will surely destroy the two power plants located along the riverbed, downstream from the dam. The explanations offered by the engineer responsible for designing the dam and its earthquake resistance were somewhat reassuring. Early warning and population evacuation plans in the event of a collapse, however, were vague. Indeed, the Lebanese State lacks an adequately equipped service or facility to handle natural disaster management. Moreover, the measures established in the study for the maintenance of the dam were merely theoretical. II: Archeological Monuments The DGA will execute and There are visible archeological monuments along the banks of the archaeological rescue plan river, from its source to Moltaka Al-Nahrayn, including: the Eshmun in accordance with their Temple; Abu Al-Hisn Fort (probably a remnant from the Crusades) responsibilities under located on a hill in the riverbed, and a stone bridge standing Lebanese law. nearby, opposite Deir Al-Mukhales; a historical mill in the village of Kherbet Bisri, which was recently classified by virtue of a decree; Heritage preservation, as the Church of Our Lady of Bisri; the Mar Moussa Church; the distinct from convent of St. Sofia; an old Roman temple and historical bridge at archaeological rescue, will Moltaka Al-Nahrayn. be implemented to The area, from the village of Kherbet Bisri to Moltaka Al-Nahrayn, relocate Mar Moussa is certainly the site of buried archeological monuments because the Church, St. Sophia’s Bisri plain was densely populated before and after the earthquake Monastery and similar of old. This is evidenced by the visible vestiges of religious structures throughout the monuments (the temple at Moltaka Al-Nahrayn) and is further valley. L12002-0100D-RPT-ENV-04 REV 4 A - 22 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan corroborated by the tales of senior members of the community who say that people from the coast would come to the temple in horse- drawn carriages by way of a path adjacent to the riverbed. III: Expropriation The compensation rates provided are indicative Expropriation is, of course, subject to the law. Nevertheless, some based on existing market comments are necessary on the conducted study that will prices and the actual levels constitute the actual basis for the expropriation decree. of compensation will be ï‚· Valuation of the land based on its distance from or proximity to determined by the the river is not sufficient to establish its value. The type of land Expropriation Commission (flat or steep), type of soil (fertile sedimentary, sandy or on the basis of land and rocky), whether the land is irrigated or not, and the type of asset inspections and crops actually cultivated on it are all factors that should be evaluations. taken into account to determine its value. Therefore, the One of the key tasks of the stipulated prices are far below the real value of a flat, Commission is to examine sedimentary, fertile, irrigated, cultivated citrus orchard. all claims relating to Furthermore, the prices stipulated for equipment are lower contracts, agreements, than their actual cost. bills and other documents. ï‚· Compensation is due to resident and non-resident landowners Share cropping and covers the land, tenancy, built structures, trees, crops, agreements will certainly etc. However, if there is proof of sharecropping, investment or be accepted for similar contracts, the content of such contracts should be consideration. examined to apportion compensation accordingly. The ESIA has identified the ï‚· Compensation should be made in cash exclusive of any other presence of archaeological previous payment mode (payment in treasury bonds). The remains and cultural study does not state whether the money for compensating heritage and there will be expropriation is available or not. This is a cause for concern a programme of rescue among rightful beneficiaries, especially given that it has been archaeology and heritage years since a budget was ratified in Lebanon. relocation prior to filling the reservoir in order to ï‚· No matter how fair the compensation, forcibly taking a preserve their cultural property by expropriation, in particular lands which are mostly heritage and any other inherited, involves not only considerations of material gain but meaningful asset to the sentimental value that should be taken into account. local people memory. Allowing landowners to uproot or cut down trees, uninstall Landowners will be allowed equipment and perhaps transferring soil, all within a certain period to remove whatever assets (e.g. 6 months) from the date on which the Expropriation they wish to retain, Commission’s decision is issued, may alleviate the sentimental including plants and soil damage. without affecting compensation payments. IV: Post-Construction The ESIA identifies a wide range of potential In addition to seismic risk, climate and overall environmental environmental and social changes will have a considerable impact, least of all the rise in impacts, and proposes humidity, insects and diseases resulting from stagnant water and measures to avoid mitigate the discharge of wastewater, especially given that the towns and or manage each during villages along the riverbanks lack sewage networks and treatment both the period of plants. construction and L12002-0100D-RPT-ENV-04 REV 4 A - 23 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Growing tourism due to the dam and lake will create tremendous subsequent operations. human, health, pollution, noise and other pressures on an Extensive environmental environment that used to be rural, quiet and wholesome. The quality monitoring and environment will lose its characteristics and will change forever. reporting is proposed to ensure the adequacy of We are not entirely confident that the various State services these measures. (Directorate-General of Urban Planning and other such) will take measures to ensure proper management of the land surrounding The ESIA Consultant has the dam and lake. We would prefer for the Council for Development recommended the and Reconstruction to contact the competent administrations to development of a Master develop as of the present a comprehensive management plan that Plan for the Development would enter into effect upon the issuance of the expropriation of the Bisri Lake Shoreline decree or, at least, before the land take decision. The same applies and Surrounding Areas. for studies on the flow of water downstream from the dam, allocation of water for land irrigation, forestation and other plans on distributing the benefits of the project. These should be ready and disseminated to the community by land take. A sole management should be created for the dam, lake and basin as a whole. Local committees should take part in this management. Dividing responsibilities among State administrations, especially under the current situation, will result in no accountability, failure to implement the set plans, neglect of maintenance and undermining the natural, environmental and community resources, and perhaps the collapse of the dam, even without the contribution of an earthquake. Maroun Hobeika Response Mukhtar Will there be compensation for the sand Yes. Compensation for those plots to be quarries? expropriated will include consideration of any and all commercial activities undertaken. The town of Al-Midan (Jezzine Caza) lacks In order to protect water quality in Bisri reservoir it a sewer network. A study was previously is intended to fast-track the installation of sewerage conducted by the Ministry of Energy and and sewage treatment across all villages within the Water, but has not been implemented catchment. yet. There are sewer projects in several towns and area, but no treatment plants; mostly, sewage is discharged into the Bisri River. A public road project connecting Al-Midan The needs for new roads will be a major element of to the town of Bisri has been studied and the proposed Master Plan for the development of the planned, and a Presidential decree issued upper catchment area. in its regard. The road is 6 kilometers long and its established width is 12 meters. The road is highly vital; it connects Jezzine and the upper South to Marj Bisri. The project should be carried out to connect and facilitate access from and to Marj Bisri through Deir Al- Mukhales, Joun and the coastal highway to the capital city of Beirut. The road will not be blocked by snow during the winter. It facilitates summer and winter travel to the coastal highway and is shorter than L12002-0100D-RPT-ENV-04 REV 4 A - 24 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan the Room – Saida road and the Beirut main road by 30 kilometers. George Nadim Abou Samra Response Landowner – Mazraat Al-Daher The project is inequitable; a different The objective of public consultation is to note the location should be sought for the project. comments and concerns of the affected population and to take these views into account. Marie Dominique Awad Farhat Response Landowner – Marj Bisri – Al-Midan We request that compensation per square The compensation rates provided are indicative meter be reconsidered because it is very based on existing market prices and the actual low. levels of compensation will be determined by the Expropriation Commission on the basis of land and asset inspections and evaluations. We request that the dam be kept clean, BMLWE shall maintain the dam the reservoir i.e. that dedicated infrastructure be shoreline and operational monitoring. created in neighboring towns. We also request that the surrounding area be well maintained in terms of planting fruit and natural tree cover. Is it possible to build ponds instead of a A series of ponds would not offer the storage dam since it will be constructed on an potential of a dam and hence fail to satisfy the earthquake prone site? demand for water that has to be served. Shafic Boulos Response Mushtar, Bisri Deteriorating water quality and sewerage Sewerage schemes will be executed in all villages discharging into the Bisri valley. Monitoring of water quality will be undertaken throughout dam operation. Lack of oxygen Dam design provides for multi-level releases to allow for deeper water to be circulated and oxygen levels maintained. Discharge of mineral water; manganese, It is assumed the questioner refers to the potential iron, sulphur, arsenic, phosphorus, for water pollution. Water pollution studies have ammonia, etc. previously been undertaken and water quality monitoring will extend throughout the period of dam operation. Current water quality is such that it can be rendered suitable for public consumption with conventional treatment, i.e. without special treatment. Testing showed traces of The project will fund a programme administered by organophosphate pesticides – Lindane MOE to monitor water quality and find and curtail and Dieldrin – the use of which is any remaining sources of any potentially polluting internationally prohibited substances. Rise in diseases and The proliferation of mosquitoes is a potential threat multiplication of mosquitoes to any standing water body. Mitigation is primarily achieved through efficient design that does not allow high water levels to overtop reservoir sides, and yet permits efficient shoreline drainage, both aimed at reducing mosquitos breeding sites. Bankside vegetation will be managed. Odors and impact on the environment Odour currently arises in the vicinity of sewage discharge into the river from surrounding villages. L12002-0100D-RPT-ENV-04 REV 4 A - 25 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan CDR’s proposals for fast-tracking the execution of sewerage schemes in all catchment villages will prevent this type of odour in the future. Salinity downstream from the dam will Compensatory discharges from the dam will be rise and negatively impact agriculture and sufficient to maintain existing irrigation efficiency the population – insects will increase and prevailing ecological conditions. Rise in seismic risk; what will happen to Dam Safety Plans have been formulated based on the community living downstream from Dam Breach modelling and inundation analysis 125 million cubic meters of water? undertaken by the dam designer. The dam breach What measures will be taken to reduce report includes an Emergency Action Plan with these risks? details of implementation. Document prepared by Lawyer at the end of the Session and signed on Response behalf of 25 landowners We propose that a law on the This idea for a joint-stock company may have merit construction of the Bisri dam be issued but encompasses a range of legal issues beyond the via a joint-stock company whereby scope of the present ESIA and RAP. Your comment landowners obtain their compensations is noted and has been passed to the project and entitlements based on shares in the proponent for further consideration. proposed company, allowing them to collect dividends and trade the stock exchange to protect their rights and as fair distribution of entitlements resulting from the project. Prevent traditional expropriation methods Land expropriation will be undertaken in accordance based on the applicable law for a vast with Lebanese law modified as appropriate by the area of 520 hectares in which the State provisions of World Bank OP 4.12, as defined and does not own any public or state-owned discussed in the RAP. Some 50 ha of the land to be land. taken by the project is already domaine publique. The community welcomes the project on Compensation to landowners will be undertaken this fair basis and based on sharing according to Lebanese Law and the provisions of project profits with landowners, the World Bank Operating policy OP 4.12, both of which community and future generations, given are described in the RAP, which when approved will that the area has been underserved since be disclosed publically. before independence. One should take The compensation rates provided are indicative into account the chronic state of based on existing market prices and the actual deprivation and the need to revive the levels of compensation will be determined by the area but not at the expense of the local Expropriation Commission on the basis of land and community by giving them the lowest asset inspections and evaluations. compensations possible through the traditional approach; rather, the All surrounding villages in Chouf and Jezzine will community should be allowed to share in benefit from improved infrastructure such as the considerable profits that the State sanitation and from opportunities provided by future and the administration stand to make off development. A Benefit Sharing programme will be of their land which is proposed for established to fund those projects in the surrounding expropriation in exchange for minimal villages. return. The Jezzine community, particularly the This idea for a company may have merit but landowners here present, wishes success encompasses a range of legal issues beyond the to the endeavor to create the Bisri dam scope of the present ESIA and RAP. Your comment construction company by virtue of a law is noted and has been passed to the project that stipulates the establishment of such proponent for further consideration. a company, without full objection to the currently proposed mechanism. Shafiq Eid Response L12002-0100D-RPT-ENV-04 REV 4 A - 26 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Mukhtar, Kherbet Bisri The appended map does not allow us to Larger scale maps on which it is possible to identify identify in detail the expropriations and individual plots and their numbers were displayed at projects downstream from the dam where the public consultation sessions. Copies of these our village is located. We ask to be maps for public reference have been given to the provided with a detailed map showing the municipalities where consultation sessions were number of each property affected by held. The expropriation map is also available at CDR expropriation. website: www.cdr.gov.lb On the outskirts of our village, or perhaps The ESIA/RAP Consultant has reported the presence within the scope or in the vicinity of of the mill to the consultant preparing the expropriations, is located a historical mill Expropriation File. So far as we are aware the that was recently classified as an transmission pipeline corridor is some 50 m from archeological site (please find attached a the mill. In any case, all lands and assets will be copy of the classification decree). No inspected prior to the deliberations of the reference was made in this regard in the Expropriation Commission. executive summary. Please clarify. Valuation of land based on its proximity The rates given are indicative based market prices to the river is not a reasonable or for the purpose of estimating RAP budgets. It will be scientific method for establishing land the responsibility of the Expropriation Commission price. The type of soil, the type of land, to set the fair and appropriate values of land based whether irrigated or not, etc. should on site inspection. constitute the criteria adopted in determining the sum paid for expropriation. In any case, the price of irrigated land cannot be equivalent to the price of non-irrigated land. L12002-0100D-RPT-ENV-04 REV 4 A - 27 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan It is well known that the site where the Dam Safety Plans have been formulated based on Bisri dam will be built is a high-seismic- Dam Breach modelling and inundation analysis risk zone. The construction of the dam undertaken by the dam designer. The dam breach will increase the risk multifold. The report includes an Emergency Action Plan with executive summary merely confirmed the details of implementation. rise in seismic risk – which is expected – and its great potential magnitude, and simply mentioned general guidelines on protection against the consequences of earthquakes which will inevitably worsen if the dam were to collapse as a result. This threatens the very existence of our village and may lead to the village being destroyed and carried away, for the precise reason that it is built on the debris left by past earthquakes which are said to have occurred in the mid-6th century. Therefore, we should be informed of the practical measures that you will take to prevent the collapse of the dam in the event of an earthquake and the population safety, prevention and rescue procedures in case the dam collapses. At present and for the foreseeable future, the State does not have any qualified service or staff for rapid intervention in the event of natural disasters. Whatever the adopted methods and established plans, we will have, after the dam is constructed, to live in our village in constant fear and concern about the occurrence of a disaster that is prone to wipe out our village and, perhaps, its residents, too. L12002-0100D-RPT-ENV-04 REV 4 A - 28 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Session 4: Mazraat El Dahr 26 April 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 29 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Name Company / Position Elias Al-Haddad Dar Al-Handasah Taleb Chahine Naim Eid Vice Head of Municipality Safi Eid Asaad Wadia Eid Fadi Eid Charbel Eid Chadi Eid Chadi Isam Eid Head of Municipality – Hasib Eid Mazraat Al-Daher Consultation seesion underway in Mazraat El Dahr Municipality 26 April 2014. L12002-0100D-RPT-ENV-04 REV 4 A - 30 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Summary of issues raised at Mazra’at El Dahr Session and Client Responses Chahine Naim Eid Response Vice Head of Municipality Wonders whether there is enough time The Project Proponent formally adopts a project cut- to invest in snail farming before the off date after which persons settling in the project Expropriation Decree. area or initiating improvements to property may not be considered eligible for compensation or other assistance. For Bisri, the cut-off date is 20 March 2014. The Bisri dam project should not only All surrounding villages in Chouf and Jezzine will supply Greater Beirut with water but benefit from improved infrastructure such as also Bisri. sanitation and from the economic opportunities provided by future development. Also, a Benefit Sharing programme will be established to fund those projects in the surrounding villages. A modern economic feasibility study The rates given are indicative based on the existing undertaken for the construction of a market prices for the purpose of estimating RAP farm on the land located within the budgets. It will be the responsibility of the scope of the project reveals an annual Expropriation Commission to set the fair and income of USD 4,500-5,000 for 1000 appropriate values of land based on site inspection. sqm of land, i.e. a minimum USD 45,000-50,000 in income per year for 10,000 sqm. We will begin construction within a month of the present date. Therefore, we find that the compensation schedule is unfair and should be reconsidered to set the prices based on the productive value of the land, which has always constituted the livelihood of the community of Mazraat Al-Dahr. I hereby propose that the project be reexamined to take into account the value of the agricultural land which, no matter how high the compensation and no matter its value, will remain, as the heritage of our ancestors, priceless, because it was the reason why they resisted in the face of adversity and was the source of their livelihood throughout their lives. We will today be economically and morally affected and no amount of money can compensate for the land that we love and which we have farmed and cultivated. We support the irrigation project, but Compensation will be undertaken according to hope that it does not end up depriving Lebanese Law and the provisions of World Bank our children of an indispensable and Operating policy OP 4.12, both of which are described irreplaceable natural resource. in the RAP, which when approved will be disclosed publically. L12002-0100D-RPT-ENV-04 REV 4 A - 31 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Asaad Nadia Eid Response Some people are wondering whether Those loosing land or other assets, or whose compensation will apply for Bisri livelihood is affected by the project will be eligible for citizens. compensation as identified in the RAP. Compensation will be undertaken according to Lebanese Law and the provisions of World Bank Operating policy OP 4.12, both of which are described in the RAP, which when approved will be disclosed publically. Suggest employing locals in operating Construction contractors are encouraged to prioritise the future dam. the employment of those residing within the project area. Hasib Eid Head, Municipality–Mazraat Al- Response Daher It is important to make sure the The relocation of Mar Moussa Church has been relocation of the church will involve discussed with the Diocese of Saida which in turn has Mazraat el Dahr citizens. discussed the issue with the municipality. The People along with the municipality relocation was also discussed during public should have their say in moving the consultation in the Municipality, whereby the 4 church. proposed locations have been discussed and the best option recommended based on a multi-criteria analysis. Asaad Wadia Eid Response I am currently conducting a study for an 20 March 2014 is the cut-off date currently agricultural and farming project on the established by CDR after which persons settling in the property that I own in Sabil Bisri, which project area or initiating improvements to property will be implemented in June 2014. Is the may not be considered eligible for compensation or date set in the study, 20 March 2014, a other assistance. It is possible this date will change, dividing point between the currently but at the present time this cannot be confirmed. expected compensation and the amount I will incur in the future – which will amount to a considerable difference? What is the benefit to the town of While surrounding towns and villages will not receive Mazraat Al-Dahr in terms of irrigation, water or electricity directly from the dam, they will electricity or other such…? benefit from improved infrastructure such as sanitation and from the economic opportunities provided by future development. Also, a Benefit Sharing programme will be established to fund projects such as renewable energy and community facilities throughout surrounding villages. L12002-0100D-RPT-ENV-04 REV 4 A - 32 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan PowerPoint Presentation L12002-0100D-RPT-ENV-04 REV 4 A - 33 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 34 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 35 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 36 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 37 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 38 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 39 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 40 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 41 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan L12002-0100D-RPT-ENV-04 REV 4 A - 42 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Log of Calls and Emails from the Public to GBWSAP-Dedicated Phone and Email Contact Further Date Time Caller Village Essence of Comments Essence of Answer Details Action Dar explained that consultation sessions had been held in those villages with most affected plots. However, all municipalities, Caller claims to be the owner including Ghbatiyeh had been Dar of lands in Ghbatiyeh and send a copy of the Executive subsequently Mr. Hasib objects to their not being any Summary of both the ESIA and forwarded the 22/04/20 8:27 03-127762 Ghbattiyeh Abboud public session in his village or the RAP prior to consultation, and caller the CDR the posting of maps and other these should be made available to website information. interested parties, including land address. owners. Notwithstanding this, the expropriation map is available on the CDR website at www.cdr.gov.lb. Caller claimed to be one of the landowners in the valley but had not been invited to any Answer essentially as above. The meeting. Mr Amine caller was thanked for his No further 26/04/20 06:48 03-509666 Not stated ‘with God's will we shall not Beainy comment and ensured it would be action. allow the inundation of that noted. Paradise inherited from our ancestors to supply strangers with water.’ Caller claimed to be a Caller advised to check the maps Maroun landowner and asked how he No further 29/04/14 9:20 07-800788 Benwati displayed in Bisri village hall or he Sleiman Karam could check the numbers of action. could go to the CDR website. plots to be expropriated. Caller claimed to be a land owner wanting to check the Ghassan Abou Caller advised to check CDR No further 29/04/14 9:40 01-871258 Harf number of his plots and if they Sleiman website. action. will be expropriated or severed. L12002-0100D-RPT-ENV-04 REV 4 A - 43 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Contact Further Date Time Caller Village Essence of Comments Essence of Answer Details Action The caller was referred to the CDR Dar Claimant suggested that the website and that notwithstanding subsequently yusef.sanan borders of some plots as the boundaries shown, all land forwarded the 28/04/14 13:09 Yusef Sanan Midane @gmail.com shown on the expropriation boundaries and asset take would caller the CDR plans are incorrect. be formally re-confirmed during website expropriation. address. L12002-0100D-RPT-ENV-04 REV 4 A - 44 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan APPENDIX A2 JANUARY/FEBRUARY 2013 PUBLIC CONSULTATION SESSIONS L12002-0100D-RPT-ENV-04 REV 4 A - 45 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Introduction As part of the GBWSAP Consutlation and Communications programme, another set of Public consultations sessions were undertaken to dissiminate the results of the ESIA study. They presented the results and recommendations of the ESIA study in different venues for instutional stakeholders, for local PAPs in the villages in the vicinity of the proposed Bisri dam, and for Greater Beirut residents. While the Figure here below shows how these meetings were notified to the public via the national press, the Table that follows presents details of these meetings. L12002-0100D-RPT-ENV-04 REV 4 A - 46 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Public Consultation Session Venue, Date and Time Attendees CDR, Central Beirut Institutional Stakeholders 13 Wednesday 30 January 2013, 10am. Local authorities and residents in the Midane Municipality 36 vicinity of the dam site Saturday 2 February 2013, 10am Local authorities and residents in the Mazra’at ed-Dahr Municipality 15 vicinity of the dam site Saturday 2 February 2013, 3.30pm Hadat Municipality Water consumers of Greater Beirut Area 10 Wednesday 6 February 2013, 5pm Local authorities and residents in the Aamatour Municipality 28 vicinity of the dam site Saturday 9 February 2013, 10am Local authorities and residents in the Mazra’at Echouf Municipality 35 vicinity of the dam site Saturday 9 February 2013, 2:30pm The date and timing of all meetings were agreed with individual municipalities. The village sessions were scheduled at weekends and early evenings week-day for Beirut Water Consumers to allow the maximumm number of concerned people to attend. Each session commenced with the introduction by the Project Proponent in which the scope, objectives and an update about of GBWSAP advancement were shared with the audience. The Consultant (Dar Al-Handasah), then gave a power point presentation covering the project base line conditions, the potentially expected impacts and mitigation measures and the study recommendations. The floor was then opened to attendees to air their comments and concerns. In order to focus on the expected concerns of the different audiences, the presentations varied slightly between sessions. The proceedings of all sessions were in Arabic. As attendees arrived they were given a handout that related the content and the intent of the meeting. Shortly after the meeting commenced, to allow for late-comers. Attendance Sheets were circulated on which names, contact details and signatures were collected. As at previous sessions, attendees were given the option to make comments or ask questions verbally or in writing. Those doing so verbally were also asked to record what they said in writing so that in addition to the immediate verbal response, a formal written response, could be provided. In the event, few attendees chose to record their comment in writing and as a back-up, one of the Consultant’s team transcribed much of what was said. Attendees generally conducted themselves in an orderly fashion. Many of those in the vicinity of the dam recognised the potential for water supply, hydropower, and waterside developments, and were generally in favour. The most opposing concerns were heard and recorded during the two public sessions held in Amatour and Mazra’at el -Chouf municipalities. This was not a surprise to the ESIA study team considering that two thirds of the reservoir area will be taken from these two villages. L12002-0100D-RPT-ENV-04 REV 4 A - 47 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan In the following pages the comments and concerns raised at each of the public consultation sessions are documented and a considered written response given. While audience response was good, they were less enthusiastic about committing their comments to paper. There are therefore unattributed comments recorded by the consultant in addition to those for whom a speaker was identified. The primary issues of public concern were: ï‚· The commencement date of construction works; ï‚· The extent to which local populations will be served with water and/or hydropower; ï‚· The returns for such project on local residents in economical and employment terms; ï‚· The need to preserve archaeological, historic and cultural heritage; ï‚· The impact on downstream and upstream irrigation water allowances; ï‚· The future master planning of the lake surrounding area and plots classification; ï‚· The impact of increased humidity on local microclimate due to a large water body; ï‚· The fairness of compensations for expropriated lands; ï‚· The connection roads from one to the other shoreline of the lake; ï‚· The opportunities for tourism and other job creating initiatives the lake will afford; ï‚· The impact on water quality due to lack of wastewater treatment across the villages surrounding reservoir. L12002-0100D-RPT-ENV-04 REV 4 A - 48 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Session 1: Institutional Stakeholders Attendees Location/Date: CDR/January 30, 2013 Institutional Stakeholders, CDR – 30 January 2013 No Name Affiliation 1 Fay Mushantaf Dar Al Handasah 2 Elie Abou Dar Al Handasah Rejaili 3 John Davey Dar Al Handasah 4 Mona Directorate of Cadastral Affairs Sarieddine 5 Assem Fidawi Council for Development & Reconstruction 6 General Directorate for Administration and Councils / Ministry of Majid Hashem Interior and Municipalities 7 Bahij Aarbid Ministry of Health 8 Vivianne Ministry of Environment Sassine 9 Hasan Hoteit Ministry of Environment 10 Maya Mhanna Ministry of Agriculture 11 Rafy Gergian General Directorate of Antiquities 12 Nabil Litani River Authority Aamasheh 13 Suhail Srour Dar Al Handasah L12002-0100D-RPT-ENV-04 REV 4 A - 49 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Summary of issues raised at the Institutional Stakeholders session Bahij Aarbid Response Ministry of Health It will be important to construct The government recognises the problem. Most simultaneously the dam and the complete villages already have sewage collection, and the sewage networks of the surrounding construction of sewage treatment for all those villages currently discharging to the river. villages within the dam catchment will now be prioritised. I would like to stress the importance of The ESIA included recommendations for a Master studying the future of the region around the Plan for Bisri Lake Shoreline and Surrounding Area reservoir, the possibility of development of Development, and for sewerage schemes for all villages within the dam catchment area. tourism and thus develop a master plan for the next stages with the construction of roads, various infrastructures, sewerage system and other. Treatment of the potential pollution The draft ESIA report has tackled this issue in emission sources: monitoring and identifying the potential sources and recommending treatment the needed mitigation measures to counter the adversities. ï‚· Water source ï‚· Reservoir ï‚· Tanks ï‚· Distribution Pipes Vivianne Sassine Response Ministry of Environment Has raised the concern about the way of This is essentially a design issue. Sluice gates will cleaning such a reservoir capacity of 128 be provided at the bottom of the dam so that during Mm3 of sediments and other unwanted periods of high inflow, water released flushes the materials. accumulated sediment. Will the dam construction materials such as All natural materials; rock, sand, gravel, aggregate, concrete, stones, gabions, etc be excavated clay, are expected to be resourced in the vicinity of in-situ ? the construction site, within the reservoir area. Majid Hashem Response Ministry of Interior and Municipalities The presentation was sufficiently clear The Consultant is pleased to record your enough, and questions has been discussed satisfaction. and answered. L12002-0100D-RPT-ENV-04 REV 4 A - 50 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Public Scoping Session for the Institutional Stakeholders Held at CDR Beirut. L12002-0100D-RPT-ENV-04 REV 4 A - 51 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Session 2: Local authorities and residents in the vicinity of Bisri Dam and Nahr Awali Location/Date: Midane Municipality/ February 02, 2013 L12002-0100D-RPT-ENV-04 REV 4 A - 52 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Midane Municipality – 02 February 2013 No Name Affiliation 1 Charbel Youssef Aoun Lawyer – Midane Municipality 2 Chaker Youssef Seyyen Midane Municipality 3 Charbel Abou Samra Ou’wad Resident 4 Antoine Ou’wad Doctor 5 Maroun el-Khoury Resident 6 Youssef el-Ojeil Mokhtar of Bhannine 7 Jean Hobeika Council of Municipality 8 Albert Youssef Ou’wad Financial and Economy counseling 9 Maroun Nassib Hobeika Mokhtar of Midane 10 Raymond Habib Youssef Resident 11 Georges Farhat unaffiliated 12 John Davey Dar Al Handasah 13 Charbel Harfoush Lawyer 14 Charbel Badr unaffiliated 15 Assem Fidawi Council for Development & Reconstruction 16 Elie Abou Rejaili Dar Al Handasah 17 Fay Mushantaf Dar Al Handasah 18 Mia Nasr Dar Al Handasah 19 Mohamad Kassem Ministry of Interior 20 Hasan Aalawiyieh Ministry of Health 21 Norma Tannous Feghali Chief of Midane Municipality 22 Antoine Ou’wad Grass Valley Company & lands owner 23 Marie-Dominique Ou’wad Farhat Resident 24 Nazira Ou’wad Sabbagha Resident 25 Graziella Youssef Ou’wad Shbat Resident 26 Charles Abou Sleiman Petit Confort s.a.r.l 27 Fadi Hobeika Free lancer 28 Georges Abi Akl Free lancer 29 Fadi Hobeika Resident 30 Elie Harfoush Resident 31 Antoine Wehbeh Resident 32 Wadih Harfoush Resident 33 Abou Samra Tanios Ou’wad Resident 34 Naji Tanios Ou’wad Resident 35 Jean-Claude Charbel Ou’wad Resident 36 Elie Charbel Ou’wad Resident L12002-0100D-RPT-ENV-04 REV 4 A - 53 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Summary of issues raised at Midane Session Youssef Botros el-Ojeil Response Mokhtar Bhannine On the list of lands to be The list posted today is ‘work-in-progress’, intended to give expropriated, there are some landowners, tenants and other users early warning of missing plots. expropriation requirements. the Consultant will be pleased to take note of errors if contacted through as indicated at the presentation. There are buried archeological CDR and the Consultant are working with DGA to prepare a ruins to be dug up before the programme for the investigation, excavation, documentation commencement of works. and if feasible, removal, of archaeological and other cultural heritage remains. To allocate water from the lake While the majority of water will be used to supply GBA, to the surrounding villages. downstream abstractors will benefit from environmental releases to maintain existing abstractions and downstream ecology. Villages upstream will receive water by gravity from the future Barouk-Beiteddine scheme. Both are included in the National Water Supply Strategy. Masarra Jerjes Harfouche Response Lawyer Duration of project The design consultant has suggested that the 3-year-period implementation and date of will be needed, while the ESIA consultant has suggested that commencement of works. these to be extended to a more realistic time frame of 5 years. The commencement of works will start once the designer will submit his tendered design and CDR will start then the call-for-offers procedure What are the planned projects The ESIA study has recommended the development of a and works, not only in the dam- Master Plan for Bisri Lake Shoreline and Surrounding Area, but site, but in the reservoir area this is currently outside the scope of the present contract. and its shorelines ? Will there be any new land use The proposed Master Plan will include land reclassification and classification for the Parcellation for development. surrounding lands? What will be the mitigation As cited above, the ESIA study has proposed a Master Plan to measures to counter the be prepared to ensure the orderly and environmentally- environment pollution of responsible development of the surrounding areas. This surroundings areas? would, need to include for effective measures to deal with sewerage, storm drainage and solid waste disposal such that it did not pose a threat to water quality. Various operational management procedures are also recommended. Further details are available from the Consultant via the contacts given in the presentation or from the ESIA report that will eventually be made public via the CDR website and World Bank InfoShop. L12002-0100D-RPT-ENV-04 REV 4 A - 54 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Charbel Youssef Aoun Response Lawyer Address the issue of discharging The ESIA calls for prioritising the establishment of complete sewage into the valley. sewerage and drainage networks for all villages within the dam catchment. Most villages already have collection networks, so what is most often missing is the treatment flows prior to discharge or reuse. To give special care for the The ESIA discusses the various opportunities and treats from touristic projects that will have induced development. A Master Plan as cited above is a major contribution into the recommended to ensure the orderly and environmentally- region local economy. friendly implementation of a wide variety of commercial and recreational options. WE should be in favor of Thank you. supplying GBA with water from the dam area since half of Lebanese population will be living in the targeted area. Provide new roads in the The reservoir area itself contains no metalled roads. The surrounding villages and Contractor will improve access to the dam site from the preserve the existing from existing road. Other roads in the area will need to be damage due to heavy lorries. upgraded and the Contractor will have to produce a Traffic Management Plan that avoids unnecessary congestion and delay to local traffic. With most construction materials coming from within the reservoir, construction traffic on public roads will be reduced. Norma Tanios Feghali Response Head, Midane Municipality The sewerage network is a The ESIA calls for prioritising the establishment of complete priority before constructing the sewerage and drainage networks for all villages within the dam. dam catchment. Most villages already have collection networks, so what is most often missing is the treatment flows prior to discharge or reuse. Who will operate and maintain The dam and reservoir will be operated by BMLWE, perhaps the project after its completion via a service agreement with a private facilities management to prevent the pollution of lake? company. Bisri water is already of a much higher quality than Qaraoun water, and the same severity of pollution will not occur. As mentioned above, sewerage of the catchment villages and shoreline development only in compliance with a master Plan and strict development guidelines will also arrest any potential for pollution. Who will follow up the issue of MEW via BMLWE and EDL will operate and maintaining the village infrastructure so as to future project facilities. The ESIA study has outlined the likely prevent abusive construction operational requirements for Bisri dam. CDR will oversee the around the lake? installation of sewerage schemes. Adherence to the master Plan will prevent abusive development. L12002-0100D-RPT-ENV-04 REV 4 A - 55 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Antoine Ou’wad Grass Valley Company and Response landowner. How will land values be A Resettlement Action Plan is being prepared for the project. estimated, considering the past Expropriation will essentially follow Lebanese Law, with discouraging experiences in additional safeguards where necessary to meet funding Lebanon? agency requirements. What about the protection of The ESIA identifies a wide range of potential environmental the nature and environment and social impacts, and proposes measures to avoid, mitigate from pollution? or manage each during both the period of construction and subsequent operational life. Extensive environmental quality monitoring and reporting is proposed to ensure the adequacy of these measures. Implementation of sustainable The ESIA study has identified a number of development touristic projects in the whole opportunities. It will be the role of the proposed Master Plan region in general and in Midane to take these further. in particular. L12002-0100D-RPT-ENV-04 REV 4 A - 56 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Public Scoping Session for residents of the Bisri Area held at Mazraat El Dahr Municipality Maroun Nassib Hobeika Response Mokhtar al-Midane. The access roads to the dam and The Contractor will have to prepare a Traffic Management Plan surrounding villages must be to ensure his activities do not cause undue delay and taken into account. More congestion. The proposed road will be further considered by particularly the planned road the Master Plan, which will revisit the scheme in the light of connecting Midane, Harf, Ta’aid the added attraction afforded by the dam. and Bisri villages Priority must be given to As explained above, a condition of the Bisri scheme being a sewerage networks to prevent success is the installation of effective sewerage collection and waste water discharging into the treatment systems for all the villages within the dam river. catchment All archeological remains from Among other initiatives to be undertaken, the ESIA study has Marj Bisri and Amatour should proposed the establishment of Visitor Center for the dam and be collected and exposed in a the lake, that would have both a recreational and educational faciltiy near the the lake as a function. it would be convenient to attach to it an touristic attraction. Archaeological or Cultural Park in which the recurred remains could be displayed. Mar Moussa Church might also be resurrected here, but that would be the decision of the community and church. L12002-0100D-RPT-ENV-04 REV 4 A - 57 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Marie-Dominique Ou’wad Response Farhat - Midane Resident. Will the financial compensations Land expropriation will be undertaken in accordance with to the lands owners be fair, Lebanese Law, amended where necessary to also meet the considering that working the requirements of the project funding agency. A Resettlement lands is the main income source Action Plan, including land expropriation, detailing the extent of too many in the area? of land take and the procedures for expropriation, is being prepared as part of the ESIA study. Will the soil and geological Clearly the loading of the dam and the reservoir on the formations beneath the dam underlying geology is a significant issue and is being addressed sustain such a huge load? What by the dam design consultant. It is understood a seismo- will be its impact in inducing tectonic study will be undertaken during the design process. earthquakes? Dam Safety Inspections will be a routine feature of operational procedure. There are concerns about the The ESIA has researched the likely impact on micro-climate, negative impacts of the lac on including rainfall, and humidity. it is currently expected the the local environment with impact in the villages will be indiscernible, but perhaps more respect to increasing humidity, noticeable along the reservoir shoreline, particularly during the climate change, pollution, etc, summer months when evaporation will locally increase especially that we are used to humidity. the poor maintenance of projects. Jean Hobeika Response Midane Municipality Will the agricultural lands, The agricultural lands downstream the dam will receive their adjacent to the project site, still irrigation waters by gravity from the dam from the regulated get their irrigation water from discharge. Productive lands upstream of the dam will receive the dam? water from the Barouk-Beieddine irrigation scheme that will be diverted off Nahr Barouk. No water is expected to be directly pumped from the lake. If productive land, with a water Such cases will be reviewed individually. If part of a plot is spring included, is in the expropriated and the remaining part is rendered unviable, expropriated area and the other perhaps because of the loss of buildings, loss of access, or loss part is out of it, will that other of water source, Lebanese law requires GoL to purchase the part receive its irrigation water whole plot if the owner so insists. directly from the lac? L12002-0100D-RPT-ENV-04 REV 4 A - 58 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Session 3: Local authorities and residents in the vicinity of Bisri Dam and Nahr Awali Location/Date: Mazra’at el-Dahr Municipality/February 02, 2013 Mazra’at el-Dahr Municipality – 02 February 2013 No Name Affiliation 1 Fay Mushantaf Dar Al Handasah 2 Michel Kfoury Ministry of Health 3 Hayat Eid Local resident 4 Yolande Kozhaya Eid Al-Sho’la Cultural Association 5 Reine Eid Al-Sho’la Cultural Association 6 Chadi Eid Local resident 7 Jacques Eid Local resident 8 Hassib Eid Chief of Mazra’at el-Dahr Municipality 9 Jaafar Ghosn BMLWE – Joun office 10 Dori Habib Eid Local resident 11 Hani Elias Eid Local resident 12 John Davey Dar Al Handasah 13 Elie Abou Rejaili Dar Al Handasah 14 Suhail Srour Dar Al Handasah 15 Assem Fidawi Council for Development and Reconstruction L12002-0100D-RPT-ENV-04 REV 4 A - 59 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Summary of issues raised at Mazra’at el-Daher Session Hassib Eid Chief of Mazra’at el-Dahr Response Municipality The costs for dismounting, The cost of deconstructing the Church and any of the associated displacement, rebuilding and remains if will be decided to relocate will be covered by the lands cost to relocate Mar project. A budget sum for this work will be included in the Moussa Church and Ste-Sophia Resettlement Action Plan. Monastery must be covered by the project. The possibility of using the Due to security concerns, access across the top of the dam will dam axis as a connection road be solely for operation and maintenance. The existing khirbit- between Chouf and Jezzine Bisri Bisri road will remain open to the public to connect between Cazas. the two Cazas. In addition, the Master Plan for surrounding development will consider if new road connections are required. Michel Kfoury Response Ministry of Health Why has the possibility of The analysis of Non-Dam alternatives for GBWSAP included using ground water resources consideration of ground water. While the difficulties of ground not been considered? water in the coastal plain are well documented, the potential for substantial abstraction in upland areas is clear from the performance of individual boreholes. Whether such potential is sufficient for supplying the quantities needed for GBA is uncertain. The comparison of alternatives concluded that ground water probably has the potential to contribute to some form of conjunctive use with surface water, but will not significantly reduce the need for dam storage to be the major source of supply. Notwithstanding this, the operational costs of pumping water from deep wells may prove prohibitive, even where saving, such as in the level of treatment prior to distribution, can be made. Unattributed Response Concerns about the increasing The proliferation of mosquitoes is a potential threat to any air humidity that will favor the standing water body. Mitigation is primarily achieved through (i) proliferation of Mosquitos efficient design that does not allow high water levels to overtop during the hot summer reservoir sides, and yet permits efficient shoreline drainage, both months? aimed at reducing ponding where mosquitos can breed, (ii) limiting seasonal growth of bankside and shallow water vegetation, and (iii) limiting public access to the extremities of the reservoir where wetland areas will develop, where access limitations will also promote biodiversity. The possibility of using the Due to security concerns, access across the top of the dam will dam axis as a connection road be solely for operation and maintenance. The existing khirbit- between Chouf and Jezzine Bisri Bisri road will remain open to the public to connect between Cazas? the two Cazas. In addition, the Master Plan for surrounding development will consider if new road connections are required. L12002-0100D-RPT-ENV-04 REV 4 A - 60 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Session 4: Water consumers of Greater Beirut Location/Date: Hadat Municipality/February 06, 2013 Hadat Municipality – 06 February 2013 No Name Affiliation 1 Elie Abou Rejaili Dar Al Handasah 2 Fay Mushantaf Dar Al Handasah 3 John Davey Dar Al Handasah 4 Ali Al-Harakeh Hareil Hreik Municipality 5 Abboud Zahr Design Engineering Partner 6 Michel Kfoury Ministry of Health 7 Georges Edward Aoun Chief of Hadat Municipality 8 Georges Haddad Hadat Municipal Council 9 Abdo Gerges Cherfane Hadat Municipal Council 10 Nayla Raad Dar Al Handasah L12002-0100D-RPT-ENV-04 REV 4 A - 61 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Summary of Issues Raised at Hadat Session Unattributed Response What measures will be taken The government recognises the problem. Most villages already to deal with the sewage have sewage collection, and the construction of sewage treatment water discharging from for all those villages within the dam catchment will now be surrounding villages into the prioritised. river. It is nonsense to augment the Indeed it is. The GBWSP currently enhancing short-term supplies water supplies to GBA without make provision of extensive leak detection and network addressing the critical issue of upgrading. water leakages throughout the existing networks. Can you please better GBWSP is an on-going project to improve the short-term explain the interface between availability of water throughout GBA. Some additional water will the GBWSP and the GBWSAP! be provided, but most improvements will come from the reduction of leakage and other losses and improved metering. GBWSAP focuses on the augmentation of the post-GBWSP situation to identify sources for additional water to meet medium and longer term demand. One of the key advantages of the GBWSAP is that will use some of the GBWSP facilities and infrastructures, in delivering the additional amount of water to GBA, resulting hence in a-cost- effective project. L12002-0100D-RPT-ENV-04 REV 4 A - 62 of 119 May 2014 Greater Beirut Water Supply Augmentation Project Environmental and Social Impact Assessment Resettlement Action Plan Session 5: Local authorities and residents in the vicinity of Bisri Dam and Nahr Awali Location/Date: Aamatour Municipality/February 09, 2013 L12002-0100D-RPT-ENV-04 REV 4 A - 63 of 119 May 2014 Aamatour Municipality – 09 February 2013 No Name Affiliation 1 Khaled Ghannam Dar Al Handasah 2 Roger el-A’chi Preseident of Chouf Municipalities Assembly 3 Hikmat Bilal Chief of Haret Jandal Municipality 4 Ramez Amine Abou Chakra Unaffiliated 5 Najib Wadi’ Abou Chakra Unaffiliated 6 Rodwan Abou Chakra Technician 7 Hikmat Fares Unaffiliated 8 Ma’moun Badi’ Abou Chakra Unaffiliated 9 Rif’at Fares Rabi’ Fares Representative 10 Issam Bou Mehdi Unaffiliated 11 Samir Abdel-Samad Aamatour Municipality 12 Riyadh Abou Chakra Health Inspector – Ministry of Health 13 Jamil Abou Chakra Unaffiliated 14 Anwar Abdel-Samad Aamatour Municipality 15 Fadi Adel Abdel-Samad Unaffiliated 16 Fouad Adel Abdel-Samad Civil engineer and University professor 17 Bassem Camille Abou Chakra Lecturer 18 Amine Abou Chakra Vice-chief of Aamatour Municipality 19 Said Abou Chakra Municipality Council Aamatour 20 Hassib Abdel-Samad Aamatour Ex-Moukhtar 21 Anwar Badi’ Abdel-Samad Unaffiliated 22 Adnan Farhan Abdel-Samad Aamatour Moukhtar 23 Ziad Hani Abdel Samad Unaffiliated 24 Fay Mushantaf Dar Al Handasah 25 John Davey Dar Al Handasah 26 Suhail Srour Dar Al Handasah 27 Elie Abou Rejaili Dar Al Handasah 28 Nayla Raad Dar Al Handasah L12002-0100D-RPT-ENV-04 REV 4 A - 64 of 119 May 2014 Summary of issues raised at Aamatour Session Unattributed Response It has been now very long time the Comment noted. CDR and the ESIA consultant also hope promised project has not come yet to the project will now proceed to conclusion. the light will all consequences of hindering the residents locals activities in the area. Hope that will not take longer anymore to see it. The issue of balanced development is It is common practice to move water from rural areas crucial. It is a big mistake to only be with plentiful resources to urban areas that suffer concerned with supplying GBA at the shortages. surrounding villages in Chouf and jezzine will expenses of the area where that water benefit from improved infrastructure such as sanitation will come from. If things proceed as and from the economic oppoertunities provided by future they are, GoL will favor over development. populating already highly populated Beirut leaving behind the remote areas. What will the project bring to the local Chouf and Jezzine villages ? will the project be a copy of Qaroun Both CDR and the design consultant are aware of the Lake with all its negative impacts problems of Qarouan and are determined to avoid them especially in polluting and degrading at Bisri. The water quality at Bisri is in any case much the environment ? improved over that from Qaroun. The owners of the inundated lands will In accordance with both Lebanese law and international lose while those on the shorelines will funding agency procedures, all land expropriation will be see their lands values skyrocket. undertaken at full prevailing market value. Compensation for the former should be taken from the latter. There is No coordination between The ESIA consultant is aware of the various land use governmental institutions as lately designations across the project area, the presence of DGUP declared 15 plots to be sites of cultural heritage, and has developed proposals ‘’archeological reserves’’ without for their rescue. noticing CDR Did the project consider desalination The desalination option was one of the considered alternative to avoid disrupting the lives alternatives. While it might be feasible and reliable, it of local residents? has many disadvantages, such as requiring a heavy industrial plant on the coast, generating large quantities of highly saline brine that will impair seawater quality, and will unacceptably increase the cost of water to consumers. Relocating the archeological remains The Consultant apologises if he gave that impression. and buildings that are highly valued by Although the process is complex, it is one that is well locals is not a simple stones transfer practiced in many countries providing adequate from one to another place, as the budgetary allowances are set aside. consultant suggests. Is there any Master Plan for the whole The ESIA Consultant has recommended the development project area? of a Master Plan for the Development of the Bisri Lake Shoreline and Surrounding Areas, but this is outside the scope of the present study. How deep will the roman columns will At the present time the roman columns are expected to submerged by water ? be under 50-60 metres of water. When is the commencement of The date of commencement of construction remains to construction works expected ? be determined. Because agriculture is the main source Relatively few permanent residents of the project area of income in the area, this is a project and its surroundings will be involuntarily resettled. while to displace Chouf residents. loss of agricultural employment and income will be L12002-0100D-RPT-ENV-04 REV 4 A - 65 of 119 May 2014 Unattributed Response unavoidable, new economic opportunities will result. Bisri Dam will include provision to generate hydropower What about the hydro-power and the maximum possible capacity for the available generation? resources will be installed. Local NGOs have been identified in the Draft ESIA. It is assumed that those responsible for inviting them to the Why were local NGOs not invited to public consultation sessions did so. NGOs that could not the consultations? attend are welcome to contact the ESIA Consultant as advertised at the sessions. L12002-0100D-RPT-ENV-04 REV 4 A - 66 of 119 May 2014 Session 6: Local authorities and residents in the vicinity of Bisri Dam and Nahr Awali Location/Date: Mazra’at el-Chouf Municipality/ February 09, 2013 L12002-0100D-RPT-ENV-04 REV 4 A - 67 of 119 May 2014 Mazra’at el-Chouf Municipality – 09 February 2013 No Name Affiliation 1 Elie Abou Rejaili Dar Al Handasah 2 Shawki Zebian Retired General Army 3 Ziad Saab Kahlouniyeh Municipality 4 Adnan Shahine al-Be’ainy Financial Inspector at Social Security Bureau 5 Salah Bou Hadir Central Inspection 6 Nabil el-Be’ainy Employee at Lebanese Parliament 7 Selim Khoury Representative of Social affairs Minister 8 Youssef Maksoud Chief of Wadi-el-Set Municipality 9 Mohamad Hassan el-Be’ainy Unaffiliated 10 Hussein el-Be’ainy Unaffiliated 11 Hatem Mohamad A’jab Al-Ta’adod Association 12 Shakib Hussein A’jab Unaffiliated 13 Chafik Amine Zebian Unaffiliated 14 Assem Fidawi Council of Development & Reconstruction 15 Ghassan Bou Karoum Citizen 16 Ghandi Youssek el-Be’ainy Mazra’at el-chouf 17 Mohamad Youssef el-Be’ainy Mazra’at el-chouf 18 Ghassan Mahmoud A’jab Private business 19 Wajih Mohamad el-Be’ainy Mazra’at el-chouf 20 Rafik Zebian Mazra’at el-chouf 21 Yehya Bou Karoum Social Progressist Party 22 Afif Soulaiman el-Be’ainy Mokhtar of Mazra’at el-chouf 23 Osmat Salim el-Be’ainy Free lancer 24 Walid Adib Bou Karoum Mokhtar of Mazra’at el-chouf 25 Marwan Afif Zebian Unaffiliated 26 Al-sheikh Mas’oud Bou Karoum Unaffiliated 27 Hamdi Zebian Land owner 28 Amine Zebian Mazra’at el-chouf 29 Jihad A’jab Mazra’at el-chouf Municipality 30 Fadi el-Be’ainy Mazra’at el-chouf Municipality 31 Youssef el-Be’ainy Mazra’at el-chouf Municipality 32 Fay Mushantaf Dar Al Handasah 33 John Davey Dar Al Handasah 34 Suhail Srour Dar Al Handasah 35 Nayla Raad Dar Al Handasah L12002-0100D-RPT-ENV-04 REV 4 A - 68 of 119 May 2014 Summary of issues raised during Mazra’at el-Chouf Unattributed Response The project must generate direct benefits to the local residents, either in The project is expected to afford new economic employment or new business opportunities. Dam operational staffing and development. Dam operational staffing equipment will be a matter for the BMLWE. should favour local residents and local equipment. The affected municipalities may expect to be involved Will Mazra’at el-Chouf Municipality have a in the management of the reservoir shoreline and role in operating the dam and what would surrounding areas. The taxes paid by new be the direct financial return of the latter? developments will enhance municipality income. Will the compensations be fair to all The expropriation of all lands, property and assets involved farmers considering that farming will be executed in accordance with Lebanese law is the main income generating activity of amended where necessary to meet international many of them ? and if compensation is funding agency requirements. the Right to Appeal is ‘’not fair’’ will the owner have the right to already incorporated into Lebanese Law. appeal? Both CDR and the design consultant are aware of the Will the negative previous experiences problems of Karaoun and are determined to avoid on Karaoun dam be avoided on this them at Bisri. The water quality at Bisri is in any case project? much improved over that from Karoun. The community has expressed a strong desire to see the church moved to a new location and the ESIA What will happen to Mar Moussa church? Consultant is recommending that this is provided for within the project. Nabil el-Beainy Response Employee in the Lebanese Parliement The company that will owe the project in The development of Bisri Dam and reservoir is a the future must include the owners of public sector project and as such will be ‘owned’ by lands under expropriation as MEW on behalf of GoL, and operated by BMLWE. shareholders. Marwan Afif Zebian Response Lands owner Will there be any power generation plant A hydroelectric power plant will be provided at the to meet at least the needs of local dam. its capacity and service area has yet to be villages ? determined. Shawki Zebian Response Retired General of Lebanese Army The present PC session included a summary of the Re-run a new Public Consultation session economic feasibility. For additional information, showing better the economic feasibility of attendees are welcome to contact the Consultant as the project supported by all types of advertised in the session or await the public tables, maps, graphs, etc ? availability of the ESIA reports on the CDR website and World Bank Infoshop. Directly involve municipalities in the This is primarily an issue for the dam construction construction works, equipments, etc. contractor. Expropriation will be undertaken in accordance with In addition to the fair compensations for Lebanese Law and funding agency provisions. While the expropriated lands, support directly the Consultant has recommended the development of the induced development initiatives in the a master Plan for shoreline and surrounding area local villages especially in terms development, these are most likely to be of touristic projects. implemented by the private sector. Favor the lake surrounding villages in The final capacity of the hydropower plant remains to terms of Hydro-power supplies from the be confirmed, but is likely to be limited by the dam. restricted dry season river flows. L12002-0100D-RPT-ENV-04 REV 4 A - 69 of 119 May 2014 PowerPoint Presentation L12002-0100D-RPT-ENV-04 REV 4 A - 70 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 71 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 72 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 73 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 74 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 75 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 76 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 77 of 119 May 2014 APPENDIX A3 APRIL 2012 PUBLIC CONSULTATION SESSIONS L12002-0100D-RPT-ENV-04 REV 4 A - 78 of 119 May 2014 Introduction At the outset of the EIA process, the preparation of the PD ESIA, a series of Scoping sessions was held during April and May 2012, commencing with an Institutional Stakeholders session at CDR offices in Central Beirut to which ministries, other governmental agencies and NGOs were invited. This was followed by separate meetings in the vicinity of the three potential dam sites, that for Bisri being held at Mazraat El Dahr Municipality on Tuesday 10 April. Finally, two separate sessions were held for Beirut residents, the prime GBWSAP beneficiaries, at Hadath Municipality on Tuesday 24 April for southern suburb residents and in Downtown Beirut at Beirut Municipality on Saturday 5 May for Beirut municipality residents. All presentations and the subsequent proceedings were conducted in Arabic, but the Consultant’s team was also prepared to present and respond in English and French had the need arose. The schedule for the Scoping Consultations is presented here after. Public Consultation Session Venue, Date and Time Attendees CDR, Central Beirut Institutional Stakeholders 16 Tuesday 3 April 2012, 10am. Local authorities and residents in the Mazraat El Dahr Municipality 23 vicinity of Bisri Dam and Nahr Awali Tuesday 10 April 2012, 10am Local authorities and residents in the Dmit Municipality 46 vicinity of Damour Dam and Nahr Damour Thursday 12 April 2012, 10am Local authorities and residents in the Qartaba Municipality 28 vicinity of Jannah Dam and Nahr Ibrahim Saturday 21 April 2012, 11am Water consumers of Beirut southern Hadath Municipality 25 suburbs Tuesday 24 April 2012, 10am Beirut Municipality Water Consumers of Central Beirut 43 Saturday 5 May 2012, 10am The date and timing of all meetings was agreed with individual municipalities. For instance, the session at Qartaba was delayed because the village is largely unpopulated during winter months and was scheduled for a Saturday when those working in Beirut during the week could attend. Similarly, the Beirut session was scheduled for a Saturday to enable those at work during the week to attend. Each session commenced with the introduction by the Project Proponent in which the scope and objectives of GBWSAP were outlined and the Consultant (Dar Al-Handasah) introduced. The Consultant then gave a presentation about the project before the floor was opened to attendees to air their comments and concerns. In order to focus on the expected concerns of the different audiences, the presentations varied slightly between sessions. The proceedings of all sessions were in Arabic. L12002-0100D-RPT-ENV-04 REV 4 A - 79 of 119 May 2014 As attendees arrived they were given a handout that related the nature of the project and the intent of the meeting. Shortly after the meeting commenced, to allow for late- comers, Attendance Sheets were circulated on which names, contact details and signatures were collected. Attendees were given the option to make comments or ask questions verbally or in writing. Those doing so verbally were also asked to record what they said in writing so that in addition to the immediate verbal response, a formal written response, could be provided. In the event, few attendees chose to record their comment in writing and as a back-up, one of the Consultant’s team transcribed much of what was said. The consultant’s presentation in Central Beirut, which encompassed all the changes f or the individual site meetings, copies of the Beirut handout, and copies of the original attendance sheets, are given in Appendix F to the present report. A photograph taken at each session is presented in this appendix as hereafter. Attendees generally conducted themselves in an orderly fashion. Many of those in the vicinity of the dams recognised the potential for water supply, hydropower, and waterside developments, and were generally in favour. The session in Beirut was briefly disrupted after Mr. Fathi Chatila had expounded his well- documented views and a number of his supporters tried to shout down opposing views. In the following pages the comments and concerns raised at each of the public Scoping sessions are documented and a considered written response given. While audience response was good, they were less enthusiastic about committing their comments to paper on the forms provided. There are therefore unattributed comments recorded by the consultant in addition to those for whom a speaker was identified. The primary issues on which comments were made were: ï‚· The extent to which local populations will be served with water and/or hydropower; ï‚· The need to preserve archaeological, historic and cultural heritage; ï‚· The impact on downstream agricultural activities; ï‚· The opportunities for tourism and other job creating developments the reservoirs will afford; ï‚· The impact on water quality of the general lack of effective wastewater treatment across the villages surrounding each of the reservoirs; L12002-0100D-RPT-ENV-04 REV 4 A - 80 of 119 May 2014 Session 1: Institutional Stakeholders Location/Date: CDR/April 3, 2012 Institutional Stakeholders, CDR – 3 April 2012 Names Affiliation Mona Seridinne Ministry of Finance, Dir. of Real Estate Ziad Zakhour Ministry of Energy and Water Randa Nemr Ministry of Energy and Water Jean Jebran Ministry of Energy and Water Raffi Gergian General Directorate of Antiquities Antoinette Sleiman Litani River Authority Elie Mousalli Council for Dev. & Reconstruction Ismail Makke Council for Dev. & Reconstruction Roland Ghawi Council for Dev. & Reconstruction Assem Fidawi Council for Dev. & Reconstruction Bassam el Sabbagh Ministry of Environment John Davey Dar Al Handasah Riwa El Derbas Dar Al Handasah Suhail Srour Dar Al Handasah Fay Mushantaf Dar Al Handasah Mohammed Chamseddine Information International L12002-0100D-RPT-ENV-04 REV 4 A - 81 of 119 May 2014 Insitutional Stakeholders Scoping Session at CDR L12002-0100D-RPT-ENV-04 REV 4 A - 82 of 119 May 2014 Summary of issues raised during Session 1 Ziad Zakhour Response Advisor to the MEW on Water and Dams Based on the strategy of MEW, there is no preferred Noted alternative. A technical comparison cannot be done for the three sites due to the discrepancies in data and the different stages of study of each site. There is a No Consultant’s response required final executive study for Jannah whereas the study is just preliminary for Damour. The study can only be compared environmentally and socially. We suggest amending the expression “alternativesâ€? The ESIA will attempt to ‘prioritise’ the three to one that better fits the National Water Strategy dam projects for the eventual implementation of all three dams. Generally no. Lebanese law generally applies but may be amended by any special funding agency Is it possible not to abide by the Lebanese requirements, although these are almost always legislation in terms of land expropriation and adopt more onerous. If MEW wish to adopt other other policies? measures they would need to take it up with the Government lawyers. Antoinette Sleiman - Litani River Authority Response I have included a copy of the annual report of the Litani River Authority (2010), which contains 2 reports that summarize the opinion of the LRA We thank the LRA for the information provided concerning the GBWSP. Report 1 (p68 to 79) and and will take it into consideration in our report. report 2 (p.79 to 81). We hereby insist that the GBWSP affects the LRA socially since the quantities of water taken will not be used to produce HEP in Joun. Dragging water from Bisri and Jannah to Beirut will be very expensive. The LRA suggests from expertise the 3rd option (1st option: No Option, 2nd option: Dam), to dig horizontal tunnels from the west mountains like the tunnel of Awali with length Again thank you for the information, which we 17 km and provides 55 M m3/year. Ras Baalbeck will follow up in preparing the ESIA. tunnel 4 km and provides drinking water for villages of Ras Baalbeck. The quality of water from the tunnel is naturally filtered and won’t need treatment against pollutants (heavy metals, pesticides, coliforms, and organic pollutants…); unlike the water from the Qaraoun Lake. Unattributed Comment Response GBWSP doesn’t only come from Qaraoun lake Noted The GBWSAP is divided into two phases. Phase 1 is a comparative technical economic, environmental and social assessment of the Is an ESIA being done for the 3 dams? three dams and the identification of the priority in which they should be constructed. Thereafter, a full ESIA together with a RAP will be undertaken for the priority site It is advisable to contact the Antiquities Authority if This is standard practice in any ESIA study need be People living in the vicinity of the dam need to Noted benefit as well from the water L12002-0100D-RPT-ENV-04 REV 4 A - 83 of 119 May 2014 Session 2: Local authorities and residents in the vicinity of Bisri Dam and Nahr Awali Location/Date: Mazraat El Dahr Municipality/ April 10, 2012 L12002-0100D-RPT-ENV-04 REV 4 A - 84 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 85 of 119 May 2014 Mazraat El Dahr Municipality - 10 April 2012 Names Affiliation Riwa Al Derbas Dar Al-Handasah Elie Abou Rjeili Dar Al-Handasah Alicia Jammal Information International Issam Fidawi Council for Dev. & Reconstruction Roland Ghawi Council for Dev. & Reconstruction Maroun Houbaika Midan Village Maroun El Khoury Midan Village Hasib Jamil Eid Mazraat El-Daher Municipality Fouad Abdel Samad Aamatour Municipality Thoukan Abdel Samad Aamatour Municipality Monsif Al-Akkoum Baba Municipality Antoine Hasib Eid Mazraat El-Daher Municipality Johnny Yousef Eid Mazraat El-Daher Municipality Jack Elias Eid Mazraat El-Daher Municipality Nawal Elias Eid Mazraat El-Daher Municipality Hikmat Kaysar Eid Mazraat El-Daher Municipality Scoping Session at Mazraat El Dahr Municipalit L12002-0100D-RPT-ENV-04 REV 4 A - 86 of 119 May 2014 Summary of issues raised during Session 2 Hassib Jamil Eid Response Head of Mazraat El Dahr Municipality The priority and main concern of Municipality of Mazraat El Dahr is not to inundate the church of Mar Moussa and other historical ruins. In case it is impossible to preserve this church, we ask the Lebanese government to fund the protection or Noted. The ESIA will address this issue relocation of the church in coordination with the Municipality Johnny Youssef Eid Response Mazraat El Dahr Municipality This will depend on the proposed What will happen to the present Awali-Joun HEP? compensatory flows discharged from the dam Will there be a new HEP on the new dam? A new HEP will be proposed GHG from reservoirs has been the subject of studies in several parts of the world. Much What are the GHG resulting from the reservoir? depends on efficient project management, and this will be fully discussed in the ESIA Fouad Abd El Samad Response Ammatour Municipality Has there been an ESIA done in the previous An ESIA was undertaken previously. The studies and has an inspection been made to check Consultant is aware of the Roman columns the roman columns? The historical value is of great and other historic and cultural remains, and importance to the local people will discuss them in the ESIA. Maroun Hobeika Response Midane Village The Bisri Project is vital project for the region and we ask to speed up implementation because it will provide new job opportunities and improve Noted. New road construction is outside the tourism. This also requires the construction of the scope of the present ESIA. Midane/Bisri road which is ready for implementation and is of length 60 km and width 10 m. Please note the disposal of wastewater from Noted. Sewerage for the villages discharging Jezzine-Meshrif into the location of the dam will above the dam site will be a clear affect the quality of the reservoir recommendation of the ESIA. Unattributed Comment Response The overall attitude was positive towards the No Consultant’s response required. Project and they were expecting since long time What will be 2 planned roads upstream of the Road construction other than to access the projected dam and that connect the villages of dam is outside the present scope of the Jezzine caza (southern bank of river) to Iklim ESIA. villages (northern bank)? This project is solely for Beirut Water supply, how In most dam projects, some allowance is can we be beneficiaries made for local water use. Since MEW has stated clearly that it intends Should Permits for construction inside the reservoir to construct all three dams, planning policy continue to be given to people? should perhaps be reconsidered. L12002-0100D-RPT-ENV-04 REV 4 A - 87 of 119 May 2014 Session 3: Local authorities and residents in the vicinity of Damour Dam and Nahr Damour Location/Date: Dmit Municipality/April 12, 2012 Public Scoping Session for residents of the Bisri Area held at Mazraat El Dahr Municipality on Tuesday 10 April 2012 L12002-0100D-RPT-ENV-04 REV 4 A - 88 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 89 of 119 May 2014 Dmit Municipality - 12 April 2012 Alicia Jammal Information International Afif Abou Kheir Dmit Municipality Said Shahine Abou Dargham Dmit Municipality Riwa Al-Derbas Dar Al-Handasah John Davey Dar Al-Handasah Fay Mushantaf Dar Al-Handasah Suheil Srour Dar Al-Handasah Afif Zein El-Dine Kfar Fakoud Municipality Faouzy Naser Kfar Fakoud Municipality Marwan Mrad Kfar Fakoud Municipality Samih Azzam (not given) Adel Khadah Kfar Matta Municipality Ismail Makki Council for Dev. & Reconstruction Randa Nimr Ministry of Energy and Water Randa Daher PMU Awali Project Roland Ghawi Council for Dev. & Reconstruction Akram Torbey Deir Baba Municipality Anis Bou Dargham Kfarhim Village Said Ghannam Kfarhim Village Naji Wadia Zeidan Dmit Municipality Zouheir Al-Kadi Dmit Municipality Samer Al-Khawand MoA Ghazi Abou Khouzam Progressive Socialist Party Salim Ghanem Abou Dargham Progressive Socialist Party Basir Al Saadi Dmit Municipality Nabil Abou Chakra Dmit Municipality Karim Al-Khatib Eco Village Assem Fiddawi Council for Dev. & Reconstruction Nader Azzam (not given) Afif Abou Kheir Dmit Municipality Amin Torbey (not given) Said Shahine About Dargham Dmit Municipality Asaad Ghannam Lawyer Majed Said Zahreddine Kfar Fakoud Municipality Hamid Hilmy Torbey Deir Baba Municipality Bassam Nasrallah PMU Awali Project Antoinette Sleiman Litani River Authority Fandy Torbey Bank of Beirut and the Arab Countries Amin Ghneim Kfarhim Municipality Samir Khouzam Kfarhim Municipality Kamal Kaed Bey Dmit Municipality Hani Khaddaj Dmit Municipality Khaled Aoun Mushref Municipality Michel Mhanna Mushref Municipality Hassan Fouad Torbey Deir Baba Municipality L12002-0100D-RPT-ENV-04 REV 4 A - 90 of 119 May 2014 Summary of issues raised during Session 3 with corresponding responses Hassan Fouad Torbey - Deir Baba Municipality Response There is an antique water mill and a natural Thank you for informing us. The ESIA cave in the reservoir area which were not Consultant will investigate. mentioned in the presentation. Loss of productive land will be minimized There is a productive land we depend on. as much as is possible. Ghazi Abou Khouzam - Progressive Socialist Response Party We understand the project is going to serve the water need of Greater Beirut, whereas the Allowances for local water supplies will be villages around the project will benefit from the provided. drinking water and water for irrigation to develop the agricultural sector Assaad Ghneim - Lawyer Response Compensation for land and asset take will Will they implement the Expropriation law and be in accordance with the laws of pay the mandatory compensation or leave it to Lebanon, primarily the Expropriation Law the World Bank based on the Municipalities’ of 1991 and its later amendments, and, if solutions? financed externally, with any particular requirements of the Funding Agency Nabil Abou Chakra - Dmit Municipality Response Are we benefiting from the water and energy Allowances for local services will be supply from this project or is this dam solely provided. going to serve Beirut? Unattributed Comment Response How would productive land above the reservoir Local water supplies are likely to be benefit from the water? Will the project provided. The issue of pumps is one for account for any pumps? detailed design. It is expected that each of the dam sites Will there be HEP for the 3 sites? will also supply hydropower. L12002-0100D-RPT-ENV-04 REV 4 A - 91 of 119 May 2014 Public Scoping Session for Residents of Damour Site Held in Dmit Municipality. L12002-0100D-RPT-ENV-04 REV 4 A - 92 of 119 May 2014 Session 4: Local authorities and residents in the vicinity of Jannah Dam and Nahr Ibrahim Location/Date: Qartaba Municipality/April 21, 2012 L12002-0100D-RPT-ENV-04 REV 4 A - 93 of 119 May 2014 Qartaba Municipality - 21 April 2012 Mohammad Chamseddine Information International Abdo Francis Electricite du Liban Kamal Youssef el Khoury Kartaba Municipality Riwa Al-Derbas Dar Al-Handasah John Davey Dar Al-Handasah Fay Mushantaf Dar Al-Handasah Suheil Srour Dar Al-Handasah Abdo Elias Saker Kartaba Municipality Joseph Tanious El Sokhn Kartaba Municipality Abdo Daniel Challita Kartaba - Mkattaf Company Walid Salem Butcher Melkan El Beainy Yanouh & Hdaine Municipality Chehade Karam Electricite du Liban Monsenieur Youssef el Sokhn Maronite Parish of Jbeil Akram Karam Engineer Ismail Makka Council for Dev. & Reconstruction Assem Fidawi Council for Dev. & Reconstruction Antoinette Sleiman Litani River Authority Joseph Dakkash Lebanese Maronite Monastery Roland Ghawi Council for Dev. & Reconstruction Elie Abou Rjeili Dar Al Handasah Nemr Beiruti (not given) Youssef Tanious Chahine Kartaba- Truck Owner George Antoine Najem Kartaba- Engineer Hanna Youssef Frem Saraaita- Contractor Randa Nemr Ministry of Energy and Water Karam Karam Kartaba Kalim Karam Karam Karam Trade L12002-0100D-RPT-ENV-04 REV 4 A - 94 of 119 May 2014 Summary of issues raised during Session 4 with corresponding responses George Najem - Engineer Response The reservoir will have a relatively small surface area for the volume of water stored. Direct evaporation will therefore be limited and while there will be an increase The environmental impact on Qartaba is in humidity in the immediate vicinity of the shoreline; the humidity that will arise from the this is not expected to significantly extend to the dam, knowing that its climate now is dry surrounding villages on the higher slopes where regional air movements will generally reduce any local impact. Qartaba stands on top of underground reservoir of water. Is there any problem Slope stability will be considered within the ESIA. with its slope being linked permanently to water? Joseph Dakkash - Head of Mar Sarkis Response and Bacchus Monastery MEW has already undertaken extensive geological The project needs the scientific study of investigations for Janneh and no doubt more will be the geology undertaken as construction proceeds. The negative impacts affecting the villages surrounding the dam site and These will also be addressed by the ESIA. the damage to agriculture, plants, fisheries and the ecosystem Rights of land owners to irrigate the The rights of Riparian owners under Lebanese law will lands in the upstream and downstream be protected. of dam Nahr Ibrahim is not formally classified as a World Conserving the categorization of Nahr Heritage site. It is also not a Protected Area under Ibrahim as a World Heritage site, Lebanese law, although it has long been recommended preserving the heritage and it should be. Its heritage is nonetheless significant and archaeological remains, and preserving the ESIA will take account of this. Within the area of the churched and monasteries. the proposed reservoir there are no churches or monasteries. Compensation for land and asset take will be in accordance with the laws of Lebanon, primarily the Means of compensation for land take Expropriation Law of 1991 and its later amendments, and, if financed externally, with any particular requirements of the Funding Agency. While it is likely investment will be attracted to the Invest the tourism, agriculture and reservoir this is likely to be largely in the hands of the residential development. Guarantee private sector. The steep slopes and cliffs within which establishing tourist projects the reservoir will be located may constrain shoreline development. Abdo Daniel Challita Response The dam is for the benefit of our region in its tourism, agriculture, and No Consultant’s response required. development. Good luck in building the dam as soon as possible. Abdo Samir Francis - Electricite Du Liban Response I support building the dam because it benefits Qartaba and its surroundings Noted but keeping in mind the negative impacts on the environment. L12002-0100D-RPT-ENV-04 REV 4 A - 95 of 119 May 2014 Melkan El Beainy - Head of Municipality Response of Yanouh and Hdaine A major recommendation of the ESIA is likely to be Treat the wastewater from the villages that sewerage schemes for the villages currently surrounding the reservoir by suggesting discharging into the valley upstream of the dam be upgrading the system. prioritized. Some improvements can be expected in order to Improve the roads from Nahr Ibrahim to improve the flow of construction traffic. The ESIA will dam site to help tourism in the villages address this and any need for subsequent around the dam improvements Joseph El Sokhn - Instructor Response The course of Nahr Ibrahim is a path of historical value starting from the fortress of Jbeil to the A full archaeological, historical and cultural Afqa cave, where religious rituals used to take heritage survey will be undertaken on the place. It is certain that there are cultural priority site in accordance with the monuments there, thus we ask to disclose of any requirements of the General Directorate of archeological remains in order to take the proper Antiquities decisions before losing them for good Please categorize the Concerns in 2 phases: The ESIA will, as is usual, address the pre- (before construction and after construction) and construction, construction and post- answer all the questions to have a positive construction impacts and their management outcome of this project separately Unattributed Comment Response The potential for slope instability will be People are concerned with land slide in Saraaita addressed by the ESIA. The currently proposed operating water level What is the water level in the reservoir? in the Jannah Reservoir is 834 m above national datum level MEW have already completed substantial site Is the dam site location final? investigations and subject to detailed design, is considered final. The water-tightness of the reservoir is an Geology is not favorable for storing water in the important consideration that will be reservoir addressed in the ESIA and subsequently Will we get drinking water from the dam? Will the The design reports make an allowance for villagers benefit from the dam? water supply to adjacent villages. We want pumps to get water to Qartaba and Noted. Lassa Compensation for land and asset take will be in accordance with the laws of Lebanon, Apple orchards will be inundated, compensation primarily the Expropriation Law of 1991 and will not be enough. its later amendments, and, if financed externally, with any particular requirements of the Funding Agency A full archaeological, historical and cultural There are archeological remains in: Wadi heritage survey will be undertaken on the Betrayish, Wadi Adonis, Roman inscriptions on the priority site in accordance with the rocks requirements of the General Directorate of Antiquities L12002-0100D-RPT-ENV-04 REV 4 A - 96 of 119 May 2014 Public Scoping Session for residents of the Jannah Area held at Qartaba Municipality L12002-0100D-RPT-ENV-04 REV 4 A - 97 of 119 May 2014 Session 5: Water consumers of Beirut southern suburbs Location/Date: Hadath Municipality/April 24, 2012 L12002-0100D-RPT-ENV-04 REV 4 A - 98 of 119 May 2014 Hadath Municipality - 24 April 2012 Mohammad Information International Chamseddine Nassim Abi Fadel Dar Al Handasah Phillipe Nassar Dar Al Handasah Riwa Al-Derbas Dar Al-Handasah John Davey Dar Al-Handasah Elie Abou Rjeili Dar Al Handasah Suheil Srour Dar Al-Handasah Randa Daher Awali Project Elie Moussali Council for Dev. & Reconstruction Roland Ghawi Council for Dev. & Reconstruction Assem Fidawi Council for Dev. & Reconstruction Edward Aoun Municipality of Hadath Mohsen Sabra Slomia Co. Fathi Chatila Arab World Water Magazine Khalil Sasi Furn El Chebbak Municipality Marie-Noelle Cherfan Chiah Municipality Maalouk Elie Farhat Kfarshima Municipality Antoinette Sleiman Litani River Authority Elie Harb Hadath Municipality Mounir el Rishani Choueifat Municipality Farouk Arbid Choueifat Municipality Salim Sakr Hazmieh Municipality Elias Habib Hatem Hazmieh Municipality L12002-0100D-RPT-ENV-04 REV 4 A - 99 of 119 May 2014 Summary of issues raised during Session 5 with corresponding responses Fathi Chatila - Arab World Water Response There will not be enough water in This is not disputed Qaraoun Lake to supply Greater Beirut There is a need to consult people from The Ministry and CDR are committed to public the South and Saida before taking water consultation of internationally-funded projects While Qaraoun water will not be used to supply I am concerned about the poor water Greater Beirut, recent and ongoing studies quality coming from Qaraoun have shown it can be satisfactorily treated by conventional techniques I believe Nahr Damour can store 90 Mm3 The Consultant will be checking the capacity for in and not just 32 Mm3 as suggested by reservoir storage and supply during the study Libanconsult The proportion of Qaraoun water in Joun is 90% of the water in Joun comes from subject to seasonal variation, which is unlikely Qaraoun to exceed 30% and may at times be significantly less A dam in Damour will be more cost- If taking Beirut water from Qaraoun Lake were effective than conveying water from possible, the two schemes would not be Qaraoun comparable We are depriving the people of the south The people of South Lebanon will not be asked from getting their water, whereas if we to forfeit their rights to water for Beirut get the water from Damour dam this will residents not be a problem. Mohsen Sabra - Litani Water Authority Response Qaraoun is highly polluted and although Recent studies have shown Qaraoun water may treatment is very costly, though it’s not be treated by conventional means. impossible The current ESIA project will be completed by What’s the time frame for the preparation the end of September 2012. Implementation of the ESIA and when are you going to will commence with detailed design as soon as start implementation? funding is made available Damour dam is closer to Beirut and water quality is much better and more cost If so, the present study will confirm it effective than the other options. Municipality of Hazmieh Response The Beirut River is outside the present scope of Why don’t we study constructing a dam at study. The Consultant assumes Nahr Beirut has Beirut River? previously been studied and disregarded on technical and economic considerations L12002-0100D-RPT-ENV-04 REV 4 A - 100 of 119 May 2014 Session 6: Water Consumers of Central Beirut Location/Date: Beirut Municipality/May 5, 2012 L12002-0100D-RPT-ENV-04 REV 4 A - 101 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 102 of 119 May 2014 Beirut Municipality - 5 May 2012 Mohammad Chamseddine Information International Fay Mushantaf Dar Al Handasah Mohammad Chatila Universal Equipmentt Riwa Al-Derbas Dar Al-Handasah John Davey Dar Al-Handasah Elie Abou Rjeili Dar Al Handasah Suheil Srour Dar Al-Handasah Basma Traboulsi National Women’s Union Ismail makke Council for Dev. & Reconstruction Tania Zakhan Directorate General of Antiquities Assem Fidawi Council for Dev. & Reconstruction Ahmad Mgharbel Association of the Charity Center Aref Dia Lebanese University Mohammad Ali Sinno Beirut Union Mohammas el Beirut Union Idriss Saleh Union of Lebanese & Arab Associations Fathi Chatila Arab World Water magazine Khaled el Daouk Group of Reform and Progress Imad Akkawi Organization of Isa’af Sha’abi Phillipe Nassar Dar Al Handasah Antoine Habib Future Pipe Ziad el Salini Future Pipe Abboud Zahr DEP Nawal Chatila (not given) Zeinab Chehab (not given) Antoinette Sleiman Litani River Authority Mohammad el Z’anni (not given) Walid Deghman Social Committee Samir Knio (not given) Walid Itani (not given) Mahmoud Oz’or Organization of Isa’af Sha’abi Randa Nemr Ministry of Energy and Water Khaled Zahran Beirut Inhabitants Association Salim Kreidie Dar El Nahda Engineering Dahej el Mokdad Ministry of Agriculture Mona Itani Beirut Inhabitants Association Elham Bekdash National Labor Campaign Souhaila Edriss Operation Big Blue Samir Zaatiti Lebanese University Hassan Jaafar Hydrogeologist Bassam Jaber Ministry of Energy and Water Motassem Fadel American University of Beirut Mohammad Khaled Soubra Office of MP Bahaa El Dine Itani L12002-0100D-RPT-ENV-04 REV 4 A - 103 of 119 May 2014 Fathi Chatila - Arab World Water Response The fact that the Damour reservoir can supply The Consultant will be checking the 32 Mm3 is wrong. There is the capacity for 90 capacity for reservoir storage and supply Mm3 during the study. The Awali Project is 90% from Litani, it should The current proposal is for no further water not be called Awali for Beirut to be taken from Nahr Litani In the 1570’s the people of South Lebanon were against water being conveyed from Nahr Noted Litani to Beirut. Nahr Litani is the most polluted river in Whilst the Litani continues to suffer Lebanon but MEW claims it can be treated pollution, ongoing projects such as Litani conventionally. They disregard the fact that Wastewater will substantially improve sixty villages around Qaraoun are susceptible water quality. The enforcement of existing to diseases such as cancer due to the bad environmental laws could be used to water quality. address specific problematic discharges. Salim Kriedieh - Dar El Nahda Engineering Response As shown in the presentation, this is one of Provide drinking water from Bisri dam the options being studied. Idriss Saleh - President of Union of the Response Lebanese and Arab Associations To the same end, the Consultant has been I recommend to group all the specialists to appointed to consider everyone’s point-of- come up with a solution view and make a considered judgement Randa Nemer - Advisor to MEW Response With the construction of Canal 800 and Canal 900 there is insufficient water to supply Greater Beirut from Qaraoun to supply No response required Greater Beirut area. If the money is provided, all three dams will be implemented, because over the years the costs will only rise. Basma Traboulsi - National Women’s Union Response It will be the intention of both the Ministry and the Water Establishment to ensure We don’t want water if it will be polluted water delivered to consumers’ taps meets current environmental health standards and is fit-for-purpose Hassan Jaafar - Hydrogeologist Response The Consultant confirms that at the present time no Qaraoun water is supplied Qaraoun water does not go to Beirut to Greater Beirut, and as MEW has consumers commented above, it is not proposed to do so in the future L12002-0100D-RPT-ENV-04 REV 4 A - 104 of 119 May 2014 Abboud Zahr - DEP Response I am a citizen who buys water due to water I am sure your concerns are shared by the shortage in Beirut. We need a solution, I don’t vast majority of Beirut’s population and care what decision you take, and I just need this is what the National Water Strategy to have water in my tap aims to provide My greatest concern is that after the water is You are correct to highlight the present conveyed, the water quantities will actually significance of leakage. For this reason the decrease rather than increase because of the GBWSP includes major elements of excess of leakage that will occur when the leakage identification and repair, and the water pressure suddenly increases in the installation of both bulk meters on the pipes. Poor conditions of the household distribution network and household meters connections lead to leakage. Thus they need to monitor water use and assist with the to be rehabilitated at the same time of the identification of future leaks project. Aref Dia - Lebanese University Response For those not familiar with the term, cyanobacteria are more commonly known as blue-green algae, a variety of planktonic cells found in most terrestrial and aquatic habitats; in the sea and fresh water, in the soil and on bare rock. Some cyanobacteria produce cytotoxins that may be harmful to animal and marine life, including humans but 30-50% of cyanobacteria are harmless. A number of standard elements of conventional water treatment process Qaraoun Lake contains cyanobacteria, which streams, such as flocculation, chlorination, is a dangerous toxin. Does the Ministry know microfiltration and ozonation have been by what means and where it will be treated? shown to be effective in destroying cyanobacteria and in removing microcystins, a major cytotoxin common in fresh water for which the WHO has established a guideline value. Any future MEW/BMLWE treatment plant will be expected to meet or exceed WHO standards for water quality delivered to consumers. The reduction in discharges into the environment of nutrient-high wastewaters will also reduce the potential for cyanobacteria and algal bloom formation Imad Akkawi - Organization of Isa’af Sha’abi Response For 42 years, studies have discussed Litani’s Litani water is indeed vital for South pollution. People from the south need this Lebanon. water for their development L12002-0100D-RPT-ENV-04 REV 4 A - 105 of 119 May 2014 Ahmad Mgharbel - Association of the Charity Response Center Leakage is indeed an important issue and current estimates are that 50% or more of water put into distribution may be lost. The GBWSP includes elements for leakage Leakage is external (visual) and hidden. I will identification and repair, for bulk metering focus on the visual leakage and leave the to help identify future leaks, and for other leakage to be discussed by specialists. household metering to assist families Leakage occurs as a result of float valve better manage their own losses. Whether malfunction, water tank and pipe regulation of public activities within the deterioration. I therefore suggest giving water sector will work in Lebanon any notice to fix all leakages within a specific time better than it does in other sectors will frame and thereafter penalize offenders, and doubtless be subject to debate. increase public awareness of the negative impact of leakages. Almost certainly, one recommendation of the GBWSAP ESIA will be the establishment of a ‘hot line’ via which citizens can report leakages and water use abuse. Unattributed Comment Response While accepting this may be the view of many, the Consultant views everyone, those that supply and consume water, as The stakeholders are not concerned with stakeholders. Hence the Consultant has people’s opinion; they do projects without embarked on the present series of public asking people consultation meetings and will hold another round of meetings to report the results of his study The people of Beirut want Damour Dam If this is the case the present study will because of its easy access and better water confirm it. quality than other rivers The numbers in the presentation are drawn from recognised sources such as MEW’s National Water Strategy, the World Bank’s GBWSP Project Appraisal Document, and The numbers in the presentation are not the various Feasibility Reports for the dam correct. options. For Scoping purposes they will suffice and the Consultant will endeavor to elicit the correct figures for presentation in the ESIA Ground water is already an important source of water supply and will continue to be so. Over-abstraction of the coastal aquifers has increasingly led to saline Despite considering mainly surface water, intrusion. While valuable ground water 75% of Lebanon’s geology comprises karst resources remain these have to be fully formations. Thus we need to take into investigated and shown to be sustainable consideration ground water before they can be relied upon for vital supplies such as for the capital. There is currently a moratorium on the drilling of new water wells L12002-0100D-RPT-ENV-04 REV 4 A - 106 of 119 May 2014 PowerPoint Presentation and Handout L12002-0100D-RPT-ENV-04 REV 4 A - 107 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 108 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 109 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 110 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 111 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 112 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 113 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 114 of 119 May 2014 ‫مشروع زيادة تغذية منطقة بيروت الكبرى بمياه الشرب‬ ‫دراسة تقييم األثر البيئي واإلجتماعي‬ ‫‪ .1‬مقدمة‬ ‫قدر عدد سكان لبنان بـ‪ 4.4‬مليون Ù?ÙŠ العام ‪ %45 ØŒ2010‬منهم يعيشون Ù?ÙŠ بيروت الكبرى وجبل‬ ‫لبنان‪ .‬يتلقى حوالي ‪ 1.8‬مليون شخصً‬ ‫ا المياه من جعيتا عبر محطات المعالجة Ù?ÙŠ ضبية‪ ،‬إال ان إمدادت‬ ‫المياه غير كاÙ?ية وغير متوازنة موسميا‬ ‫ً‪ .‬والجدير بالذكر أن بعض األسر المعيشية تتلقى المياه من‬ ‫اإلمدادات العامة ألقل من ‪ 3‬ساعات يوميا‬ ‫َ‪.‬‬ ‫من المتوقع ان يصل عدد سكان لبنان الى ‪ 5.8‬مليون بحلول العام ‪ .2035‬تبلغ الموارد المائية المتجددة‬ ‫Ù?ÙŠ لبنان حوالي ‪ 500‬متر مكعب‪/‬للشخص‪/‬سنويا‬ ‫ً‪ ،‬بينما يبلغ خط الÙ?قر المائي الذي وضعته االمم المتحدة‬ ‫‪ 1000‬متر مكعب‪/‬للشخص‪/‬سنويا‬ ‫ً‪ .‬بالتالي‪ ،‬هناك مخاطر عالية للنقص المزمن Ù?ÙŠ المياه بحلول العام‬ ‫‪.2020‬‬ ‫أطلق مجلس االنماء واالعمار بالتعاون مع وزارة الطاقة والمياه ومؤسسة مياه بيروت وجبل لبنان‬ ‫مشروع تغذية منطقة بيروت الكبرى بمياه الشرب للتغلب على العجز الحالي وضمان اإلمدادات‬ ‫ّم من خالل المشروع تحسين توزيع اإلمدادات‪،‬‬‫المستدامة لتلبية الطلب على المدى القصير والمتوسط‪ .‬سيت‬ ‫ّرب ونقل ‪ 50‬مليون متر مكعب من المياه سنويً‬ ‫ا من بحيرة القرعون بغية‬ ‫بما Ù?ÙŠ ذلك الح ّ‬ ‫د من التس‬ ‫توزيعها على مستهلكي بيروت الكبرى‪.‬‬ ‫ّة سنوات عن إمكانية تخزين المياه الناتجة عن جريان المياه السطحية‬‫تبحث وزارة الطاقة والمياه منذ عد‬ ‫ا الى البحر عبر إنشاء بحيرات وبناء السدود والخزانات الكبيرة لتعزيز اإلمدادات الزراعية‬‫المÙ?قودة سنويً‬ ‫وتلبية متطلبات بيروت الكبرى والمراكز السكانية االخرى على المدى الطويل‪.‬‬ ‫مشروع زيادة تغذية منطقة بيروت الكبرى بمياه الشرب ‪GBWSAP‬‬ ‫أطلق مجلس االنماء واالعمار‪ ،‬بالتعاون مع وزارة الطاقة والمياه ومؤسسة مياه بيروت وجبل لبنان‪ ،‬هذا‬ ‫المشروع الجديد لزيادة تغذية منطقة بيروت الكبرى بمياه الشرب ‪ GBWSAP‬بغية تحديد الوسائل‬ ‫ً والمقبولة اجتماعيً‬ ‫ا كي تلبي الطلب على المدى الطويل‪ .‬تنقسم مهام المشروع الى‬ ‫االكثر مستدامة بيئيا‬ ‫مرحلتين‪:‬‬ ‫المرحلة االولى‬ ‫‪L12002-0100D-RPT-ENV-04 REV 4‬‬ ‫‪A - 115 of 119‬‬ ‫‪May 2014‬‬ ‫إجراء مراجعة بيئية وإجتماعية واسعة‪ ،‬من ضمنها تقييم أولي لالثر البيئي واالجتماعي لكاÙ?Ø© المصادر‬ ‫ّل‪.‬‬‫البديلة واقتراح البديل المÙ?ض‬ ‫المرحلة الثانية‬ ‫اجراء تقييم لالثر البيئي واالجتماعي من الÙ?ئة أ‪ ،‬من ضمنها خطة ادارة بيئية‪ ،‬واذا لزم االمر‪ ،‬مستندات‬ ‫اعادة اإلسكان‪ ،‬للبديل المÙ?ضل المواÙ?Ù‚ عليه‪.‬‬ ‫سوÙ? يتبع مشروع زيادة تغذية منطقة بيروت الكبرى بمياه الشرب ‪ GBWSAP‬سياسات ضمانات‬ ‫البنك الدولي ومتطلبات اإلستشارات العامة‪ ،‬وذلك ÙˆÙ?قا‬ ‫ً لسياسة مجلس االنماء واالعمار واالجراءات‬ ‫الدولية الثابتة للمستشارين‪.‬‬ ‫تتضمن المصادر البديلة للمياه التالي‪:‬‬ ‫‪ .1‬تحسين توزيع المياه‬ ‫ّب‬ ‫‪ .2‬الحد من التسر‬ ‫‪ .3‬تخÙ?يض غيرها من المياه غير المحتسبة‬ ‫‪ .4‬بناء السدود‬ ‫ّب والوصالت غير‬ ‫يمكن تحسين االمدادات الحالية للمياه بشكل كبير والتقليل من الخسائر نتيجة التسر‬ ‫القانونية‪ .‬سوÙ? يساهم تحصيل الÙ?واتير Ù?ÙŠ تحسين استرداد التكاليÙ? والمساعدة Ù?ÙŠ تمويل عمليات‬ ‫ّن االمدادات الحالية اإلستجابة لمطالب المدى القصير‬‫خدمات المياه‪ .‬Ù?ÙŠ حين ان هذه التدابير ستمك‬ ‫د من توÙ?ير موارد اضاÙ?ية للمياه لتلبية الطلبات على المدى الطويل‪.‬‬ ‫والمتوسط‪ ،‬ال ب ّ‬ ‫ان الوسائل األقل تكلÙ?Ø© لضمان امدادات جديدة ومستدامة للمياه هي الحÙ?اظ على ما يزيد عن ‪ 150‬مليون‬ ‫متر مكعب سنويً‬ ‫ا من المياه السطحية العذبة التي تÙ?يض الى البحر‪ ،‬من خالل بناء سدود مثل‪:‬‬ ‫‪ .1‬سد بسري على نهر االولي‬ ‫‪ .2‬سد الدامور على نهر الدامور (موقعين)‬ ‫‪ .3‬سد جنة على نهر ابراهيم‬ ‫‪L12002-0100D-RPT-ENV-04 REV 4‬‬ ‫‪A - 116 of 119‬‬ ‫‪May 2014‬‬ ‫الثالثة‪.‬‬ ‫يبي‬ ‫ّن الجدول التالي مقارنة بين المواقع‬ ‫مساحة‬ ‫االرتÙ?اع‬ ‫امدادات المياه المتوقعة‬ ‫حجم التجميع‬ ‫النهر‬ ‫السد‬ ‫الخزان‬ ‫المقترح‬ ‫‪ 128‬مليون‬ ‫‪5.5‬‬ ‫‪ 0.55‬مليون م‪/3‬يوم‬ ‫‪3‬‬ ‫‪2‬‬ ‫‪ 74‬م‬ ‫نهر االولي‬ ‫بسري‬ ‫م‬ ‫كلم‬ ‫‪1.2‬‬ ‫نهر‬ ‫‪ 0.2‬مليون م‪/3‬يوم‬ ‫‪3‬‬ ‫‪ 32‬مليون م‬ ‫‪2‬‬ ‫‪ 50‬م‬ ‫الدامور‬ ‫كلم‬ ‫الدامور‬ ‫‪1.0‬‬ ‫‪ 0.2‬مليون م‪/3‬يوم‬ ‫‪3‬‬ ‫‪ 37‬مليون م‬ ‫‪2‬‬ ‫‪ 105‬م‬ ‫نهر ابراهيم‬ ‫جنة‬ ‫كلم‬ ‫اآلثار البيئية واالجتماعية‬ ‫أيا كان البديل المÙ?ض‬ ‫ّل ‪ ،‬سوÙ? تنتج آثار بيئية واجتماعية عن المشروع‪ .‬وقد تكون اآلثار سلبية او‬ ‫ايجابية‪ ،‬مؤقتة او دائمة‪ ،‬مباشرة او غير مباشرة‪.‬‬ ‫تتمركز اآلثار االيجابية حول تزويد امدادات المياه المستدامة للعامة والتحسينات التي ستنعكس على الحياة‬ ‫االجتماعية‪ ،‬هذا باإلضاÙ?Ø© إلى Ù?رص النمو والتطور االقتصادي‪.‬‬ ‫وتركز اآلثار السلبية الدائمة على استمالك االراضي‪ ،‬والحاجة الى اعادة إسكان االسر ونقل االعمال‬ ‫التجارية‪ .‬هذا الى جانب المسائل الصحية العامة التي تراÙ?Ù‚ بناء السدود إجما ً‬ ‫ال مثل تكاثر الحشرات‬ ‫والمخاطر المتزايدة للغرق‪ .‬وتتم مناقشة اآلثار الدائمة خالل تصميم المشروع‪.‬‬ ‫تنتج اآلثار السلبية المؤقتة بشكل اكثر شيوعا خالل Ù?ترة البناء نتيجة نشاطات المقاول ومستخدميه‪ .‬وعلى‬ ‫االغلب سوÙ? تزيد من الضجة والغبار ومشاكل ادارة السير واالضطراب االجتماعي بين المقيمين‬ ‫ونزوح العمال‪ .‬تتم مناقشة هذه المسائل Ù?ÙŠ خطة سالمة الصحة البيئية العائدة للمقاول‪ ،‬اضاÙ?Ø© الى خطة‬ ‫االدارة البيئية واالجتماعية للمشروع‪.‬‬ ‫اخيرا‪،‬‬ ‫ً ان اآلثار التشغيلية هي تلك التي سوÙ? تنتج عن تشغيل المراÙ?ق‪ .‬وقد تتضمن الضجة واهتزاز‬ ‫المضخات والتخلص من النÙ?ايات‪ .‬وتتم مناقشة اآلثار التشغيلية خالل تصميم المشروع‪.‬‬ ‫‪L12002-0100D-RPT-ENV-04 REV 4‬‬ ‫‪A - 117 of 119‬‬ ‫‪May 2014‬‬ ‫ تجن‬،‫سيتم إقتراح تدابير لتخÙ?ÙŠÙ?‬ ‫ وادارة جميع اآلثارالمنتجة وسيتم التحقق من آلية اإلمتثال لخطط‬،‫ّب‬ .‫االدارة البيئية‬ ‫الحد من إستمالك االراضي‬ ‫ سيتم تطبيق عملية استمالك األراضي وإعادة اإلسكان‬.‫إن األثر األكبر للمشروع هو إستمالك األراضي‬ ‫ وسيعتمد التطبيق‬، OP 4.12 ‫ً للقانون اللبناني حول نزع الملكية واالجراءات العملية للبنك الدولي‬ ‫وÙ?قا‬ .‫االكثر صرامة Ù?ÙŠ حال وجود ثغرات بين اإلجراءين‬ ‫ بإعداد وثيقة اإلطار السياسي العادة‬،‫ قبل تحديد البديل المÙ?ضل بشكل نهائي‬، ‫سوÙ? يقوم االستشاري‬ ،‫ التي سوÙ? تتضمن مقارنة Ù…Ù?صلة بين التشريع اللبناني ومتطلبات سياسة البنك الدولي‬RPF‫اإلسكا‬ .‫وتحديد إجراءات إعادة اإلسكان التي سوÙ? تتبعها عملية إستمالك االراضي المتعلقة بالمشروع‬ ‫ سيقوم االستشاري‬،‫ما ان يتم االتÙ?اق على البديل المÙ?ضل وتحديد مدى إستمالك االراضي وإعادة اإلسكان‬ ‫بمسح اجتماعي واقتصادي من شأنه توÙ?ير المعلومات الالزمة عن األسر والشركات بغية ضمان تحقيق‬ .‫عملية اإلستمالكات باقل حد ممكن من االضطراب والمشقة‬ Appendix B: Advertisement of Cut-Off Date Beirut Water Supply Augmentation Project Designating the Project Area around the Proposed Bisri Dam under Study At the aim of securing sustainable and long term potable water supply to the Greater Beirut Area, the Council for Development and Reconstruction (CDR) in collaboration with the Ministry of Energy and Water (MEW) and the Beirut and Mount Lebanon Water Establishment (BMLWE), has launched the Greater Beirut Water Supply Augmentation Project (GBWSAP) to overcome the shortages in public water supply on the long run. The Project fundamentally consists of constructing a dam that intercepts Awali river to form a water impoundment in the valley between Chouf and Jezzine Districts. The Directorate General of Urban Planning has designated the area of the Project as being under study starting the 20 march 2014 and this is further to the finalization of the Detailed Design of the dam and the associated structures and the identification of the land plots to be taken by the Project. The whole area of the Project is distributed over the following cadastral regions: District Cadastral Region Chouf Mazraat Echouf, Mazraat Edahr, Deir El-Mkhaless, Bater, Aamatour, Bsaba, Khirbit Bisri Jezzine Bisri, Harf, Midane, Aarye, Bkasine, Bhannine, Benwati, Ghbbatiyeh L12002-0100D-RPT-ENV-04 REV 4 A - 118 of 119 May 2014 For more information and for those willingly to consult the maps showing the limit of the area being designated under study, please visit the CDR website at www.cdr.gov.lb or to visit the following centers: - Directorate General of Urban Planning (central Office or the regional Chouf and Jezzine Offices) - Council for Development and Reconstruction Starting the date of this announcement all the plots Assets Survey in the area of the Project shall be considered completed (Project Cut-off date). L12002-0100D-RPT-ENV-04 REV 4 A - 119 of 119 May 2014 L12002-0100D-RPT-ENV-04 REV 4 A - 120 of 119 May 2014