LINE 1 OF THE METRO OF PANAMA ... - World Bank Group

Compensation and Social Assistance Strategic Plan

LINE 1 OF THE METRO OF PANAMA

COMPENSATION AND SOCIAL ASSISTANCE STRATEGIC PLAN (PCAS)


Index

1. INTRODUCTION ....................................................................................... 1

1.1. Background: ............................................................................................... 1

1.2. Procedure’s Objectives: ............................................................................. 2

2. LEGAL FRAME: ......................................................................................... 2

2.1. National Standards .................................................................................... 2

2.2. International Treaties ................................................................................. 6

2.3. Bills developed, pending on approval: ....................................................... 7

3. PRINCIPLES OF THE COMPENSATION AND SOCIAL

INTEREST PLAN (PCAS) ................................................................. 8

3.1. Survey of structures on public easements ............................................... 10

3.2. Country subdivisions Impacted. ............................................................... 11

3.3. Location of the Stations. .......................................................................... 11

3.4. Characteristics of the affected areas. ....................................................... 12

3.5. Final Survey of Structures ........................................................................ 14

3.6. Socioeconomic Study ................................................................................ 14

4. NECESSARY ELEMENTS FOR THE ACTIVATION OF THE

PCAS ............................................................................................... 15

4.1. Agency Team: Necessary staff structure for the fulfillment of the

compensation process. ............................................................................ 15

4.2. Agency Collaboration .............................................................................. 16

4.3. Eligibility Criteria ...................................................................................... 18


Index

4.4. Study of titles ........................................................................................... 20

4.5. Valuation of property ................................................................................ 20

4.6. Identification of the impact and categories of the displaced groups ......... 21

4.7. Analysis and selection of solution alternatives ......................................... 21

4.8. Implementation of a Software for the Management of the

Compensation Process. ........................................................................... 22

5. COMMUNICATION AND DISCLOSURE PLAN. ...................................... 22

6. BASIC NOTIONS ABOUT THE COMPESATION PROCEDURE ............ 25

6.1. Previous concepts. .................................................................................. 25

6.2. General Compensation Procedure. .......................................................... 27

a) Public Easement ...................................................................................... 27

b) Private property ........................................................................................ 29

c) Expropriation ............................................................................................ 30

d) Involuntary Resettlement ......................................................................... 31

7. SOCIAL INTEREST PLAN ....................................................................... 32

7.1. Analysis of the Social Interest Impact and Magnitude. ............................. 32

7.2. Impoverishment risk analysis. ................................................................. 33

8. INSTITUTIONAL RESPONSABILITIES ................................................... 37

9. ATTACHMENTS OF THE COMPENSATION PROCESSES. .................. 38


1

1. INTRODUCTION

1.1. Background:

The Line 1 of the Metro of the city of Panama is a project of social interest that

comes to materialize the planning efforts that have been done in the transportation

area as in the urban since the nineties, through different administrations, that even

though they have not been concatenated, they have had the virtue of generating a

knowledge about the urban and transportation problem and a basic valuable

information.

The Line 1 of the Metro of Panama will develop on the north-south part of the city,

with a length of about 13.7 kilometers, beginning in the area of “Los Andes”,

crossing the Transisthmic avenue and continues through the Fernandez de

Cordoba Avenue to the Spain Avenue, from there to the beginning of the Justo

Arosemena Avenue, which extends to a place close to the Plaza 5 de Mayo and

continues its journey to the area of the Albrook Transportation Terminal.

The Line 1 of the Metro has mostly a north-south line and joins the National Bus

Terminal Station, in “Albrook”, with “Los Andes” passenger station in the north of the

Metropolitan Area of the city of Panama. This route is inserted on a corridor of high

public transportation demand and mostly through the center of the track axis of to

minimize the damages.

The construction of the Line 1 of the Metro implies to obtain a Right of Use of Road

Easement on the whole journey of the Line and the acquisition of private properties.

This procedure aims to establish a group of guidelines, principles and procedures

governing the compensation caused by the liberation of the road necessary for the

execution of the Project of the Line 1 of the Metro of Panama (from now on, the

PROJECT), as well as the definition of the roles and functions that will have the

institutions involved to serve and guarantee the communities, their rights.


2

1.2. Procedure’s Objectives:

1) To offset the impacts caused by the acquisition of the lands and the

damages generated by the recovery of the easement, as well as to

determine the Social Interest Plans and Measures, if applicable.

2) Negotiate with the relevant institutions as possible to restore the socioeconomic

conditions of the affected populations by the impacts generated with the

PROJECT in their properties.

2. LEGAL FRAME:

2.1. National Standards

a. National Constitution (Article 49 and 51). Within the context of our

National Constitution, is remarkable on regards to matter of the

compensation for the execution of the Public Works, as regards to the State

authority to Expropriate the private property. That is the power of taking the

entire, or part, of the property of a particular in the extent that exist what is

named the “urgent social interest”. This term is defined as “necessity that

emerges from the State, representing the society, of putting in place works

that means, concrete and immediate solutions to concrete problems

suffered by the community and for that matter become ineluctable”. For this

purposes the highest law offer the administration of two legal figures

doctrinally named, as ordinary Expropriation (with a previous trial-article 49)

and the Extraordinary Expropriation (with previous occupation-article 51)

It is also important within the context of the Political Constitution of the

Republic of Panama, to highlight some articles as the 17 (protection of the

citizens properties); 46-47 (private property); 62 (obligation of the State on

the social and economic improvement of the family); 64 (right to work) and

117 (right to housing).


3

b. Law 114 of 1943. The first specific rule that emerges as regulator of the

process of compensation or reparation to the affected by the public works is

the Law 114 of March 17, 1943, (about the compensation due to Public

roads). This one defines as remarkable criteria, and still being used, the two

years period of prescription that the owner of an estate affected has to claim

compensation.

c. Contract (List of Charges). The contract will be the cornerstone of the

relations originated between the contactor responsible of the construction of

the project of the Line 1 of the Metro and the state. Contractually the state is

responsible of giving and guaranteeing the contractor those rights of access

and use of all the areas within the project site that are required for the

Contractor to execute the work. In this regard it is established that the

contractor should notify the state well before the date in which the

contractor requires access to certain areas of the site to execute the Works,

with the end that the state could have reasonable time to make all the

necessary arrangements and guarantee the access to the Site of the

Contractor in the area of the Site specified by it.

Notwithstanding the foregoing, the Contractor will have the responsibility

and will cover all the expenses related with some areas such as the site(s)

of work of the contractor, the areas that decide to use for the storage of

materials coming of the dragging of the project and the debris produced

during the construction of the project, the plants of prefabricated for the

tunnel segments and the elements of the elevated viaduct, or others

elements that required prefabrication out of the sites of the construction of

the civil works and any other area established as responsibility of the

contractor in the list of charges and the contract. The rights of access to,

and use of, the site that are given to the contractor, do not have exclusive

character and their sole purpose is to allow the Contractor to execute the

Works and to fulfill its obligations under the contract up to its end.

Therefore, the right of access to, and/or use of, the site, could not be

considered as the creation of right or any interest in favor of the Contractor


4

different to the one given in this Contract.

d. Law of Public Contracts (Law 22 of 2006). The Panamanian legislation

about Public Contracts governs the process of determining the value of the

assets that the State acquires and also the criteria for the effects of the

acquisition or transfer of the affected lands. This Law provides that two

experts should value the properties, which the State intends to purchase or

lease, one assigned by the Ministry of Economy and Finances and other, by

the General Comptroller of the Republic, to determine its market value.

e. Law 11 of April 27, 2006. This law, which amends the law 35 of 1978

which organizes the Ministry of Public Works, the governing body of the

national road easements, and says: Article 1. The Executive Branch,

through the Ministry of Public Works will have the task of carrying out the

programs and to implement the construction and maintenance policy of the

public works of the Nation. Article 2. The concept of Public Works as it is

used in this Law, applied exclusively to the Ministry of Public Works,

includes national assets, such as sources of construction materials, roads,

streets, bridges, buildings or constructions of any kind which by Law or

through disposal of the Executive Branch will be assigned.

This Law 11 of 2006, and for the fulfillment of its objectives established the

prohibition of the placement of Billboards and any other structure in the road

easement area. A Resolution (069-06) of the same year, established

economic sanctions up to 100,000.00 Balboas for those who violate the

foregoing on the Law 11 of 2006. Likewise, also the MOP Resolution Nº AL

002-11, with date January 5, 2011, “Through which is ordered the

immediate removal of the structures and advertisements or any other

edification, installed in the road or public national easements.”

Described in the preceding paragraph is particularly important given that the

alignment of the leg elevated of the Metro is provided on the area legally

established as road easement. In this regard, it has been detected an

important quantity of structures or improvements inside of the easements,

same that under the law, should be totally removed without right to any


5

compensation; even in the worse case, imposing sanctions to the

occupants. However, the in-depth analysis about the matter and the

requirements for the process of construction of the Metro take place without

social starts, and furthermore being true to the equity and social justice

principles that the Constitution recognizes, leads us to the identification of

measures that allow, without violating the law, to recognize to those who

occupy the easement, mostly people of humble origin, at least the

investment they have made.

f. Executive Decree Nº 1 of January 7, 2010: which decrees: “to establish

and define, as area of the Influence Circle of the Line 1, of the Metro

System of Panama”, described in the Annex that is attached”. The

Executive Decree 1 of January 7, 2010, published in the Official Gazette

26448, of January 15, 2010, establishes that everything done inside of the

Influence Circle of the Metro, as well as the regulations and the actions

taken for the acquisition or occupation of the land, besides the modification

of the structures, should have the authorization of the Secretariat of the

Metro of Panama (SMP), and will be made on the base of its value to the

effective date, that is the date of enactment.

g. Executive Decree 150 of 2009: Rule through which it is created the

Secretariat of the Metro of Panama as a government entity, under the

Presidency of the Republic. Its main functions are:

To program, coordinate and implement all the actions that are

required for the design, execution, management, operation and

maintenance of the Metro. To these ends, all the government

agencies, organizations or institutions that the Secretariat deems

necessary, should immediately and with priority contribute, on the

execution of the corresponding activities and tasks.

Oversee, together with the Ministry of Public Works, the projects and

the works that take place for the execution of the Metro.

Promote the support and cooperation of the community on the

execution of the Metro.


6

h. MOP Resolution Nº 001-11, dated January 5, 2011: Through this

resolution the Secretariat of the Metro of Panama is authorized to use the

public easement area of the Line 1 of the Metro of Panama and other

provisions.

2.2. International Treaties

The constitutional status of the international treaties, conditions the exercise of

all the public power, including the one that exercise the Executive Branch, full

respect and guarantee of these instruments.

Among the documents that should be taken into account, are considered:

American Convention of Human Rights - “Pact of San Jose of Costa

Rica”, which establishes, in the article 21 corresponding to the Private

Property:

1. Everyone has the right to the use and enjoyment of its assets. The

law may subordinate such use and enjoyment to the interest.

2. No person shall be deprived of his/her property, except through

just compensation, due to public utility or of social interest in the

cases and according to the procedures established by the law.

American Declaration of the Rights and Duties of the Man, as the

Right to property established in the Article XXIII:

Everyone has the right to private property for the essential needs of

decent living and helps to maintain the dignity of the person and

home.

United Nations’ Declaration of Human Rights, which indicates on its

Article 17:

1. Everyone has the right to own property individually and

collectively.


7

2. No one shall be arbitrarily deprived of his/her property.

In the Article 22:

Every person, as member of society, has the right to social security,

and to get, through national effort and international cooperation,

taking into account the organization and the resources of each State,

the satisfaction of the economic, social and cultural rights,

indispensable to his/her dignity and the free development of his/her

personality.

Article 25:

1. Every person has the right to an adequate life standard that

assures him/her, as well as his/her family, health and wellbeing, and

specially food, clothing, medical assistance and the necessary social

services; s/he has as well the right to the insurances in case of

unemployment, illness, disability, widowhood, old age or other cases

of lack of livelihood in circumstances beyond his/her control.

2.3. Bills developed, pending on approval:

Currently is being worked on the frame of a Metro of Panama Bill, a specific

title about “Compensation and Expropriation” of the properties and assets

that result affected by the execution of this important work. This one has

collected on a single policy, all the ideas, concepts and criteria about

compensation, which before were scattered on different laws, regulations,

etc.

Metro Bill

The pointed bill picks, also new aspects that contemplate to integrate the

SMP in the compensation process. For example, the so-called Advance Deposit which is defined as the sum given to the affected prior to the

delivery of the asset affected, independently of the final value amount, and

which will be deductible in any case of such final amount. Such action

seeks to ease the economic means to begin the process of relocation of the


8

affected.

This Metro Law must pass, as it corresponds, the respective authorizations

to such ends to become law of the Republic, then to check its applicability in

practice once begins the construction of the Metro. Before being applied to

regulate the relocation of a number of people affected, we believe that this

one constitutes an important tool to fulfill simultaneously the main object of

the Secretariat of the Metro of Panama: ensuring that the construction and

commissioning of the Line 1, and others to come, are developed on the

deadlines established, minimizing the affections and giving a fair and

equitable treatment and compensation.

3. PRINCIPLES OF THE COMPENSATION AND SOCIAL ASSISTANCE PLAN (PCAS)

This Plan is base on the following principles:

MINIMIZE THE ACQUISITION OF LANDS AND THE RESETTLEMENT

OF POPULATION.

It is possible to avoid the involuntary resettlement. In the PROJECT it will be

prioritize the options that generate less impact on the premises or properties of the

neighbors of the affected zones.

COMMUNITY INVOLVEMENT

The process will require of the active participation of the local actors present in

each one of the neighborhoods and communities subject of the project, as well

as public authorities.

AGREEMENT BETWEEN THE PARTS

Within the national legislation, provides for recourse to courts to release the

area needed for the execution of projects of public works of social interest,

nonetheless the Secretariat of the Metro has chosen to release the track

through agreements by the will of the parts, with the purpose of guaranteeing

harmonious and pacific coexistence with the owners, community and settled,


9

located in the area of the route of the Line 1 of the Metro.

COMPENSATION

1. The rate of compensation should be calculated to the total cost of

replacement, that is, the market value of property structure type. On this

point the SMP has agreed with the General Comptroller of the Republic

and the Land Registry, the two entities responsible of making the

appraisals, that the appraisals for the compensation of structures of the

Project of the Line 1 of the Metro will be make taking into account the

real value of the structures appraised and will show the value of the

assets, according to the ranges that the CGR manages regarding with

the internal support of the compensations. It tries to gives the fairest and

most equitable compensation for the citizens of a vulnerable social

strata, who will be affected by the construction and implementation of the

Line 1.

CREATING ECONOMIC OPPORTUNITIES

The economic compensation for the lost of properties and other assets is a

solution for the impacts generated, and guarantees the restoration of the

socioeconomic conditions of the affected. However, the possibility of providing

different options are limited by the Panamanian legislation, particularly when

refers to structures located on the road easement. Nonetheless, as far as

possible, the State will conduit plans that include a group of compensation

actions and assistance (social type benefits), to help the displaced population in

restoring or improving their lifestyle with existing social programs.

ACCURATE INFORMATION

The information that will be generated through the Census, should be precise

about the number of people affected, taking into account the social, economic

and ethnic composition of the affected considering the vulnerable population as

women, youth and seniors.


10

INCLUSION OF COMPENSATION AND SOCIAL ASSITANCE COST IN

THE INVESTMENT BUDGET OF THE PROJECT

The Compensation and Social Assistance are produced as consequence of the

project, therefore its cost is totally included as part of the project; in this way, it

promotes an adequate coordination with the construction activities.

APPROPIATE INSTITUTIONAL FRAMEWORK

A separate unit has been established on the general framework of the project

that has enough authority, the adequate budget and the necessary staff to

execute the current plan, stating clearly the links between the unit of

Compensation and Social Assistance and the general project, as well as the

links with the local administrative units involved, which should include the local

governments given that they are closer to the population.

ESTABLISH SUPERVISION PROCEDURES (TRANSPARENCY) AND

MONITORING COMPLAINTS AND CONFLICT SOLUTION

All the compensation process and the payments should be made with

transparency. The acquisition of land and the Compensation and Social

Assistance process has to be disclosed in such way that all the participants

have the adequate and true information about the process. It will be guaranteed

that the Compensation and Social Assistance process includes all the affected

population and that the eligibility criteria and procedures to access to benefits

are clear, transparent and are applied fairly to the affected people. Likewise, the

entities responsible of the execution of the actions and activities related with the

Compensations and Social Assistance, will assign the physical, human,

managerial and financial resources for its implementation on time.

3.1. Survey of structures on public easements

The available base information about the number of affections that the Line 1 of

the Metro of Panama will generate through its 13.5 kilometers was elaborated

during the period comprehended between May 21 and June 25, 2010. On it, it

was only identified, without any interaction with the community, the existing


11

structures on the road easement.

The work was focused on determining the following aspects:

- To determine the current situation of the structures located in the public

easement of the Line Nº 1 of the Metro.

- To identify the structures that could be affected by the development of

the project.

- To elaborate a complete list of the structures identified in the easement,

either permanents or temporal.

The results of the inventory were supported with the location map of the

structures, identified through UTM coordinates.

In this preliminary inventory were catalogued more than 400 structures in the

Road Easement affected by the Project, therefore the SMP centers its objective,

as it has been explained, on minimizing the affections according to the

necessities of the Project, so only affecting around 140 structures and

constructions in the affected area of the Project.

It is attached as annex the Preliminary Inventory as well as a Control Chart of

the effective Affections made by the Project.

3.2. Country subdivisions Impacted.

As shown in the inventory of structures, the Line Nº 1 of the Metro of Panama

goes through 11 country subdivisions, namely: Amelia D. de Icaza, Victoriano

Lorenzo, Belisario Porras, Omar Torrijos, Bella Vista, Calidonia, Ancon,

Curundu, Bethania, Pueblo Nuevo an San Francisco.

3.3. Location of the Stations.

Additionally, the Line Nº 1 of the Metro of Panama follows a North – South

direction, on a high demand public transportation corridor, and includes the

construction of 13 stations, named: Albrook, Curundu, 5 de Mayo, Maranon, La

Exposicion, Church del Carmen, Argentina Way, Fernandez de Cordoba, 12 de


12

Octubre, Pueblo Nuevo, San Miguelito, Pan de Azucar and Los Andes.

3.4. Characteristics of the affected areas.

a. Area from Los Andes to the San Miguelito Intersection

This is an area in which dominates the residential construction, with some

sporadic industries and many shops, outstanding small shops.

The road easement in this area, especially in the places of people

concentration, as the bus stops, entrance to the neighborhoods or in front of the

shops, is invaded by a multitude of small shops, temporary or permanent, in

which predominate the retail of a variety of products and services, as well as

informal activities and sale of seasonal products.

b. Transisthmic Area

In this area is seen a wide vehicular road, although there is usually traffic

congestion in the rush hours, with a few constructions along the easement,

presence of industrial, commercial and institutional facilities. There is no good

pedestrian system in this area, so the pedestrian mobility is very limited. It

basically consists on an access route to different neighborhoods that are in the

area and transit areas to other sectors of the city.

From this point, the Line No 1 of the Metro of Panama will run underground.

c. Fernandez de Cordoba Area

The main characteristics of this area are the affections of the pedestrian

sidewalks, which have been taken by the parking lots of the great variety of

shops that are located to both pathways, interfering with the pedestrian mobility.

Other of the characteristics is that there are facilities, which have built fences

very close to the Avenue. For this reason, the road easement is being occupied,

mainly, by parking lots and fences, and not by buildings.

d. Spain Way Area

In this area, the constructions are, mostly, away of the road easement, although


13

the pedestrian system has been incorporated as an only system that links local

sidewalks and parking lots, in most of the cases. The presence of buildings,

malls and hotels are the main economic characteristics.

The easement in the area links Spain Way with the Fernandez de Cordoba, has

been taken as part of the businesses that sale used cars, which have installed

fences or have transformed the easement into parking lot areas.

After the Church del Carmen and up to the entrance of the Justo Arosemena

Avenue, the Constructions are, mostly, at the edge of the road.

e. Justo Arosemena Area

In this Avenue there are residential buildings, typical of the 40s and 50s, mainly.

Likewise, is the area where are located institutional structures and a great

variety of hotels.

The sidewalks are, mostly, clear, even though by Calidonia, it could be seen

temporary facilities, typical of the mobile sale activities.

A characteristic of the viability of this area is that there are no parking lots in

front of the structures, which has led to the establishment of parking lots.

f. Ancon and Curundu Area

With exception of the area where is located the Market, which is an structure

that will be directly affected by the construction of the Metro and that presents

space and vehicular mobility limitations, most part of this area presents and

adequate support of green areas in the road easement, which contributes to

clear the road network, even though the pedestrian network requires of

improvement.

Given that this is an area that functioned as part of the old Canal Zone, the

urban characteristics are different from the rest of the urban area of Panama, it

presents large space without occupation and areas that are integrated with the

operation of the Panama Canal.


14

3.5. Final Survey of Structures

The mentioned survey has been complemented, especially in the area of San

Miguelito, area through which runs much of the elevated section of the Metro.

3.6. Socioeconomic Study

Once approved the route of the Line 1 of the Metro, the Secretariat of the Metro

of Panama, aware of the heavy invasion of the road easement, space

contemplated for the construction of the system, between Los Andes station

and San Miguelito, began the identification process of these structures.

That’s why in order to project the social impacts of the work, through the

company in charge of developing the URS environmental impact study; an

inventory of the structures that occupy the road easements adjacent to the rout

of the Line 1 was made.

Based in this inventory, the SMP technical equipment made a projection of the

easement space required for the construction, and as a consequence the

structures that would probably be temporary affected.

Thus, was formed, with the support of the Ministry of Social Development a

team of workers and community developers that will raise a socioeconomic

profile of each one of the people that occupy the structures on the road

easement, focusing in the elevated part of the Line 1, on the Transisthmic Way.

This technical team applied socioeconomic surveys with the purpose of meeting

the details of the commercial activity exercised, the quantity of employees and

its respective aspects of health, and to obtain data about the material used for

the construction of the facility.

Representatives of 122 structures located on the road easement of the

Thransistmic Way – between Los Andes station and San Miguelito station –

were individually interviewed, of which 120 were classified as commercial

activities, and the other two (2) as residences.

The detail of this Socioeconomic Study is attached in the Annexes.


15

4. NECESSARY ELEMENTS FOR THE ACTIVATION OF THE PCAS

4.1. Agency Team: Necessary staff structure for the fulfillment of the

compensation process.

Based on the Executive Decree 150 of 2009, it is created the Secretariat of the

Metro of Panama as a government entity, under the Presidency of the Republic.

Thus, the SMP, as executor entity of the Project, will do the follow up and

supervision of this project, establishing the necessary strategies and politics for

the adequate fulfillment of the objectives stated and facilitating where possible,

the financial means, to obtain the required resources, for successfully carrying

out such complicated mission.

The first Action plan, lies on having the participation of the official links in the

different institutions involved in the process: Secretariat of the Metro of

Panama, Ministry of Public Works, General Comptroller of the Republic, the

Ministry of Economy and Finances and the Municipalities of Panama and San

Miguelito.

Similarly and more importantly, the SMP must have of the necessary human

resource for this process which size can be determined as follows:

− One (1) Coordinator of the legal area of the SMP and in charge of

coordinating the way clearance team.

− Two (2) Lawyers. Hired to execute the necessary actions to carry out the

process of clearance of the way and to carry out all the necessary actions

for its execution and implementation. (They are part of the way clearance

team).

− One (1) Civil Engineer. Hired to execute the necessary technical actions to

carry out the clearance process of the way and to carry out all the

necessary actions for its execution and implementation (They are part of the

way clearance team).


16

− One (1) Communication and Citizen Participation Coordinator and in charge

of coordinating the necessary social actions that are part of clearing the

way.

− One (1) Sociologist. Responsible of the Social Area. Hire to execute the

necessary social actions to carry out the process of clearing the way.

− Two (2) persons with wide experience on community relations (labor,

political, social, religious, sports, etc.) knowledge and previous

management of compensation or reparation processes. They will be in

charge, as well, of the communication and the institutional relations.

− One (1) Social Worker. Hire to execute the necessary social actions to carry

out the process of clearing the way.

− One (1) Coordinator of the Engineer area of the SMP and in charge of

coordinating the technical team that supports the process of clearing the

way.

− One (1) Civil Engineer. Specialists in topographic survey. They will be in

charge of doing the digital surveys in the area and give support to the staff

of the way clearance team.

− Administrative support team for the formalization of administrative

procedures.

Representative of Land Registry/ Comptroller:

− Four (4) Officials with at least 4 years of experience in the process of

appraisals of real properties and goods in general.

4.2. Agency Collaboration

− Land Registry and Cultural Assets (ANATI)/ General Comptroller of the Republic. As it has been detailed before these entities represented by their

departments responsible of making appraisals, will give an indispensable

support in this process, conducting that such management would be as

expeditiously as possible.


17

− Ombudsman. This entity could give valuable experience in the necessary

mechanisms to minimize the conflict possibilities, as well as to work as

intermediary or mediator in those cases that, punctually, are originated

along the execution of the work.

− MIVI/BHN/CA/BNP: These related to those cases in which are required to

ensure housing or businesses at affordable values, and to which some of

the affected could claim the compensation sum that is given to them.

Likewise the banks pointed, with the purpose of expedite such proceedings

and give preferential treatment.

− IFARHU: Within the socioeconomic survey, it is foreseen to locate families

with economic limitations that preclude the education achievement of the

members of the affected family in scholar age, such cases will be

conducted through the Ministry of Social Development, scholarships and/or

loans can be given for studies with a previous analysis.

− AMPYME/MICI/APEDE/INADEH: The Association of the Micro, Small and

Medium Enterprises together with the Ministry of Commerce and Industries

and the Panamanian Association of Business Executives, are in our criteria

the adequate channels, to give a development and evolution option inside

the commercial activity impacted by the Project, in a additional context to

the granting of an economic compensation.

So by making loans with flexible requirements and affordable rates, with

incentives to certain commercial activities, and appropriate training, can be

met in order to maintain sustainability in the way of life of the affected that

exercise a commercial activity.

− MIDES. The Ministry of Social Development constitutes the backbone of the

whole process, which we have opted to name Complementary Social

compensation. This entity will be in charge on first instance of surveying the

socioeconomic census of the responsible of all the structures that are inside

of the road easement in the elevated section of the work. After this survey,

this one should coordinate the process of establishing the social and

economic profile of each one of the affected families, which will be the base


18

to conduit the complementary compensations in those cases that

scientifically are credited as necessary.

4.3. Eligibility Criteria

The eligibility criteria that are established as basics to be beneficiary of the

Economic Compensation plan will be the followings:

- That the structure or the property affected are within the range of the direct

impact of the work and that the space occupied by it is required for the

design, construction, administration, operation and maintenance of the

work.

- For Structures in the Public Road Easement is required a Municipal

resolution or as Custodial of the Road Public Easement from the Ministry of

Public Works (MOP – due to its acronym in Spanish) and/or document that

prove the property of the structure.

- For the cases of permanent property affection it should be credited the

ownership in the case of a property.

- In case of natural person, it is required a copy of the personal identification

of the person owner of the structure or property.

- In case of a company, it is required the certificate of the public registry that

certifies the existence and copy of the personal identification of the legal

representative of the company.

- Notice of Operations for the exercise of the Commerce by the Ministry of

Commerce and Industries (MICI), when applies.

- Income Tax Clearance issued by the Internal Revenue Service (DGI – due

to its acronym in Spanish) of the Ministry of Economy and Finances (MEF)

or MEF certification of not tax payer.

- Clearance of the Department of Registration of Employers of the Internal

Revenue Service of the Social Security, in case of a commercial activity or

CSS certification of non-contributor.


19

- Signature of the Compensation Agreement or of the Purchase Agreement

corresponding in case of permanent affection of the property.

The cutoff date of the PCAS beneficiaries lists will be the one that corresponds

to the date of approval of the final design of the project by the SMP, as for the

affections on the properties, as for the improvements on the properties or

infrastructures of the easement of the affected areas. While it is necessary to

indicate that if, due to necessities of the material execution of the Project, it

would have to affect areas no contemplated in this date, it will include as

beneficiaries of the PCAS all those owners or landlords that are inside the new

boundaries of influence.

Regardless of the cutoff date, the Secretariat of the Metro has structured a work

plan in order to ensure timely release of the easement strips required by the

contractor. Under this scheme has been provided to proceed with the economic

compensation of those structures occupied at the date of the enactment of

Executive Decree No. 1 of January 7, 2010, published in the Official Gazette

26,448, of January 15, 2010, which establishes the circle of influence of the

Line 1 of the Metro of Panama and that are in the cutoff date of the PCAS

beneficiaries lists.

Under the above premise to the internal of this Secretariat it has been estimated

that those structures that by the date of the socioeconomic survey, were without

occupation, are not subject to any compensation, therefore we will proceed with

its demolition in response to MOP Resolution No. 001-11, dated January 5,

2011, through which it authorizes the Secretariat of the Metro of Panama to use

the public easement area of the Line 1 of the Metro of Panama and other

provisions.

The criteria to be beneficiary of the Social Plan, are similar to the above, being

worth adding that the choice pillar will be determined on the basis of the given

socioeconomic profile, in which case it is understood that this is directed only for

those that have a hard social and economic condition, previously supported in

the social study of each case.


20

4.4. Study of titles

The necessary documents for the study of titles are collected (deeds, promises

of sales, receipts for payments of property taxes, utilities and other relevant

documents). It is produced a certificate of receipt of these documents stating

the type of document delivered and the date. With this achieved:

Identify the actual right holders.

Identify the legal situations that, eventually, could block the process.

The titles of each of the affected properties are being studied, reconciling the

legal land registry information. Lists of holders of real rights are being made,

indicating the limitations and taxes on the properties. Data from studies of titles,

shelf list, appraisals and social data on each of the properties are being

reconciled and cases that require special handling (shareholders, beneficial

owners of fact, etc.) are being identified.

4.5. Valuation of property

The obvious goal of this is to determine the market value of the properties

required. For this purpose the following activities are performed:

The appraisal of the affected properties with entities under national

legislation is coordinated.

Owners and residents in the area are informed on the dates and

schedules of the appraisers visit.

Developments of real estate valuations, taking into account the particular

physical property losses.

The consolidation and approval of topographic records and appraisals to

start the property acquisition are performed.


21

4.6. Identification of the impact and categories of the displaced groups

The impacts of a displacement in homeowners and residents in properties

required for the Project are identified and analyzed, and the impacts the

vendors and informal workers who carry out their livelihood activities in the area

affected by the Project will face. From this analysis and weighting of impacts are

defined the corresponding mitigation and compensation.

The possession and use of the property, the existence of economic activities in

the premises or in the public space of the affected area, the existence of

industries and workshops, access to education and health services, social

networks of mutual aid and reciprocity are dimensions of the socio-economic

context that record determinant impacts which makes the possible

impoverishment of the population.

4.7. Analysis and selection of solution alternatives

The alternatives that are proposed to the affected will be adjusted to specific

circumstances of each affection.

Considering one of the main objectives of the PCAS, such as to minimize the

affections and the relocations, in those cases in which it is necessary, the

Secretariat of the Metro, in collaboration with the corresponding Municipality,

consider the alternative of individual resettlement in which the owner who

acquires a property with the money received by the payment of the value set in

the appraisal of the structure.

These measures will make possible to recover the public space for all citizens

and improve the streetscape and provide a better business and labor

environment to employers currently located in the easement.

In the cases in which it has been identified individuals or groups that due to their

social, cultural, economic or psychological conditions result more vulnerable


22

than others to the impacts generated by the movement, they will receive special

attention to restore their socioeconomic status.

In cases of people who do not hold title to the home or the place it should

clearly be defined the legal situation in relation to the property concerned and,

according to the principles of restoring the socio-economic status and inclusion

in accordance with which must design the compensation and social assistance

plans, which will generate alternatives.

4.8. Implementation of a Software for the Management of the Compensation

Process.

The SMP, made a significant investment, intended to systematize the entire

process of survey and identification of the affected and comprehensive control

and monitoring of the expropriation procedures.

For such purposes, it had the services of a Spanish company with extensive

expertise in processes of Expropriations of projects Metro type, establishing not

only the aforementioned automation but also training on issues related to

expropriations to the SMP staff.

The staff of the company Alia collaborated and coordinated for 5 weeks, in

conjunction with SMP, the strategies needed to define and articulate the

process of compensation of the Project.

5. COMMUNICATION AND DISCLOSURE PLAN.

To ensure a sustainable information exchange with adjacent communities to

Line 1, the Secretariat of the Metro of Panama will apply the communication

and disclosure of the project. According to the different stages and audiences of

the project.


23

Previous Stage: Studies and Tender

This first year, it has held a steady report job detailing the analysis and studies

that the Secretariat of the Metro of Panama did in order to conceptualize the

work. Among the major milestones of communication include: an international

competition to identify the logo of the Metro, the tender for the construction and

commissioning of Line 1, and the tender for choosing the Project Manager.

Also, it was developed a process of public consultation for the Environmental

Impact Study, which drew the participation of large numbers of people through

community meetings, and information journeys in high traffic areas near the

route of Line 1. The consultation showed that the Metro is highly regarded

among communities located along the route of Line 1, and there is concern

about the damages that could generate the work during its construction stage

for residents and businesses.

The Secretariat of the Metro also took this step to enhance their online

presence; each day becomes more accessible to Panamanian citizenship. A

website was designed and enabled, which now receives over 300 visitors per

day, as well as participation in social networks like facebook and YouTube. In it

is encouraged to take advantage of the email [email protected] to ask

questions or send suggestions and recommendations to the staff of the

Secretariat.

Informative Visits were made to various municipal representatives, and

invitations to visit the facilities of the SMP and explain in great detail the scope

of the Project and the need to perform tasks together.

Repercussions of the Metro: Prior to Start of Construction

Once the final design of the construction Project and its approval by the

Secretariat of the Metro of Panama is available, it will proceed to activate

communication initiatives specifically referred to those affected, including:

Informative Conferences by Country Subdivision: It was called by

leafleting to the potentially affected to continuous informative meetings

with the Committee of the Metro Repercussions throughout the process.


24

Community Care Center: Information centers will be established during

the compensation process in areas accessible to residents of

communities adjacent to Line 1, with partners able to provide details

about the process and the project itself.

Phone Line: A tool that allows residents of the areas of direct influence of

Line 1, and also to those affected, a direct approach with people who

manage full and updated information of the work and all the processes

involved.

Communication Materials: Flyers and pamphlets will be developed to

provide clear information to stakeholders on the various steps in the

compensation process.

Email: The Secretariat of the Metro enabled a specific email address to

help people who will be directly affected during construction

[email protected]

Other means of Government: The National Government has the

telephone line 311, whose staff will guide citizens who require any

information.

Media: The Secretariat of the Metro will keep informed of all the media,

both national and regional authorities, about the compensation process

and progress of the Project to enhance information exchange that takes

place through them.

Beginning of the Construction:

At the community level information days will take place together with school

sites and will launch a MetroMovil that visits the main sites of convergence in

the communities.

The objective of this stage of communication is generating a sense of

ownership of the work so as to be put into operation the users make the most of

this mean of communication, while respecting the rights of other users.


25

For these initiatives the Secretariat of the Metro of Panama will be getting

advise from the team of communication and community relations of the Metro of

Medellin, who carried out an effective work of communication and citizen

participation.

This stage also includes a critical contractor participation at community level.

Specifically for the issue of conflict resolution in order to develop an awareness

campaign on the media to be used by residents of communities adjacent to Line

1 to attend their requests.

The Secretariat of the Metro recognizes the importance of keeping the citizens

informed at all times, with special priority to those who carry out their daily

routine in the communities adjacent to Line 1, therefore there are information

offices in collaboration with the Municipalities affected Panama and San

Miguelito, and its own offices in Building 714 of Balboa, Country Subdivision of

Ancon, Panama City.

6. BASIC NOTIONS ABOUT THE COMPESATION PROCEDURE

6.1. Previous concepts.

Affection Criteria. The metro bill provides in its article 21, like the bill of the

Manual of Procedures for compensations, a concept about what should be

understood in the future as affected of the Project: "all strips of land and

structures, which are included within the Circles of influence of the Metro, are

physically required for the design, construction, management, operation and

maintenance work. "

Also may be considered as affected the strips of land required for the adequacy

or enabling of constructive, services areas and other activity during the

construction, operation or maintenance of the work to warrant off-site physical

space or direct line of influence.

Finally, it will be considered indirect affected the owners of the strips of land or


26

structures that the Secretariat determines as necessary for the possible

relocation of those directly affected, for the purposes of acquisition,

compensation and expropriation.

Land status. The Line 1 of the Metro of Panama will run mostly on existing

easement track areas, so the number of affections whose status is of titled

lands along the route of the Metro, is quite small. However in the development

of this Plan we should include how to deal with all the possibilities. Namely:

I. Property: To be determined, under this concept, is essentially the strip of

land (with or without improvements) that is likely to be identified at the

public registry of the property, product to be properly registered in that

institution.

II. Possessory Rights. In concrete terms, possessory right is nothing more

than that derived from the use and enjoyment of a property with the

intention of the owner. It is understood in this vein, which might argue have

a possessory right, has no ownership of it and even possibly in some

cases, a possessory right can become a property Right, by itself, the

possession is not equivalent to property, and therefore is not sustainable in

principle on the basis of the current legislation, the compensation of the

land on which it maintains only a possessory right.

III. Easement. It is imperative that once distinguished if the affected area is

State owned or private property. In the first case, there would be a valid

element, from the strictest legality, to support the recognition of economic

value or equivalent compensation to the extent that the land does not

belong. In the case of the easement, it is well-known for the vast majority

of the settlers on it, that they are doing it on exclusive right area of the

State, and even in the most extreme cases contained in the authorizations

of the state and / or municipal agencies, in the same it is stated that should

proceed to relocate on behalf of the affected when the strip of land is

required by the State.

IV. Improvements / Crop. In the process Compensation is implicit the

recognition of any improvements that is affected, and any type of crops


27

present, whether it is on the titled property, possessory right or easement,

provided that the eligibility criteria apply.

Survey of the polygons of the affected premises (property). It is relevant in

the compensation process to distinguish accurately the area that will be affected

from a particular property, understanding that the only real way to know the

degree of involvement and hence the real property appraisal, in addition to

being a requisite for the purpose of transferring the property to the nation

through the planes of segregation.

Public Information Process. The information that the SMP manages due to

the clearing process will be provided without restriction to each affected as it

relates to the records of his/her involvement. The information that is general and

does not refer to a specific case, may at the discretion of the SMP, based on

the provisions of law, be shared with third parties upon request.

Notice. Integral part of the compensation process is to ensure that originates

formal and official communication from the State to those affected so as to give

certainty to those who belong to that group.

Socioeconomic Survey. In order to establish a social and economic profile of

the communities affected by the Project, identify potentially sensitive human

groups and develop a comprehensive monitoring plan and social assistance,

will be integrated as part of the process of conducting the socioeconomic survey

or census, in which it will be determined the data to conclude on the alternatives

described above.

6.2. General Compensation Procedure.

a) Public Easement

The contractor, with the approval of the Engineering staff of the SMP

and PM, will set the design and identify the structures or

improvements that will be affected.


28

The process of notifying people that occupy the affected structures

will begin.

At the same time it will be set up a socio-economic report that

describes the economic and social situation of those affected. The

social surveys will be prepared and made by the team of the Social

Area of SMP and they will also be in charge of the realization of it,

with support staff as deemed necessary. It will be key to the granting

of Supplemental Social Assistance, because at that time it is

consulted and referred the case to the institution that provides the

services of social interest to the affected.

The Land Registry and Assets of the National Land Authority and the

Comptroller General of the Republic, in accordance with the

provisions of Law 22 of 2006, will visit the structures affected and

present each its appraisal report on improvements and crops that

exist in accordance with the technical and legal criteria as

appropriate.

Once the appraisals are made, the employees of the SMP will

proceed with the submission of a proposal for compensation result of

the average of both appraisals and the verification of the compliance

of the eligibility criteria.

The affected and the SMP, will sign a memorandum of

understanding, where the amounts to cancel the number of budget

and other commitments assumed by the parties are set and shall

proceed once is signed with the expeditious payment to each one of

the affected, without the typical delays of the administrative

bureaucracy.

From the date of receipt of the Memorandum of Understanding, the

affected whose commercial structure are located on easement shall,

on the date indicated by the SMP, to vacate the easement.

In the event that the affected disagrees with the values established in


29

the appraisal reports, shall be entitled only once for reconsideration.

Six months after the release of the structure, the social SMP team will

contact the affected to make a follow-up visit in order to identify the

socioeconomic status of the unit and assess the efficiency of the

equipment.

b) Private property

The contractor, with the approval of the Engineering staff of the SMP

and MP, will set the design and identify the structures or

improvements that will be affected.

The process of notifying people who owned the Estates will start.

At the same time it will be set up a socio-economic report that

describes the economic and social situation of those affected. The

social surveys will be prepared and made by the team of the Social

Area of SMP and they will also be in charge of the realization of the

same, with support staff deemed necessary. It will be key for the

granting of the Complementary Social Assistance.

It will be drawn up the official level of segregation for the affection of

the property, according to information collected by SMP from those

affected during the activities described in the points 2 and 3 of this

procedure. These plans must contain a description of the polygon

countersigned by a Surveyor, after the approvals from the Ministry of

Housing and the National Department of Land Registry and Assets.

The Department of Land Registry and Assets of the National Land

Authority and the Comptroller General of the Republic, in accordance

with the provisions of Law 22 of 2006, will visit the structures affected

and present each one its appraisal report on the improvements and

crops that exist in accordance with the technical and legal criteria as

appropriate.

Once the appraisals made it will proceed, by the employees of the


30

SMP, the submission of a proposal for compensation result of the

average of both appraisals and verification of compliance with the

eligibility criteria.

The affected and the SMP, will sign the minutes of the transfer to the

Nation, which sets the amounts to be cancelled, the number of

budget and other commitments assumed by the parts and shall be

formalized once the registration of the fast payment to each of those

affected, without the typical delays of the administrative bureaucracy.

From the registration of the deed of transfer to the Nation on the

public registry, the affected must at the date indicated by the SMP, to

vacate the property.

In the event that the affected part disagrees with the values

established in the appraisal reports, shall be entitled only once for

reconsideration.

If the Agreement is not reached prior to compliance with these dates,

the relevant decree of Expropriation must be produced. Those strips

of land used as playing fields, public use areas or land with or without

structures, which have not been, located the landlord or owner, shall

be occupied immediately.

Exception will be required in the selection procedure of the public

procurement and authorization for the direct contracting with the

owner.

c) Expropriation

As already mentioned, our National Constitution establishes the power of the

State's total or partial taking of private property, in case of works involving a

collective benefit. For this purpose the highest law, offers two legal

administration figures, known as ordinary Expropriation (with trial prior to the

occupation Article 49) and the Extraordinary Expropriation (occupancy

previously Article 51).


31

Specifically, Article 48 of the current National Constitution provides for the

ordinary expropriation, which can be ordered under the Constitution, for reasons

of Public Use or Social Interest. This type of expropriation would imply a special

trial and compensation, all prior to the occupation of the property. In concrete

terms is merely a forced judicial negotiation.

The procedure established for this process is set out in Law 57 of 1946, which

developed the Article 46 of the Constitution (now Article 48) which sets out in

concrete terms that a Court of general Jurisdiction will manage according to

their common procedures the process to establish the value of compensation.

Just are set some basic rules that the court must take into account, as it is to

consider when setting the amount to compensate the assessed value of the

property two years before the work is performed.

In the extraordinary case of expropriation, which factor is its origin in the event

of "urgent" social interest the law 57 of 1946 acknowledges, that the State may

proceed to take possession of the property immediately. This point is

understood as before to any trial, which results in practical benefits for the

needs of the vast majority of the Public Works, whose implementation is

urgently required by the communities. However, it is still appropriate to refer that

even with the taking of the property prior to any agreement, it must be defined

the payable amount and the time of actual payment to the expropriated, thereby

safeguarding the minimum guarantees for the affected.

At first the common procedure allows to start the expropriation process for such

recognition. However, if after taking the asset, the parts agree on the value, we

find no legal impediment, in which the parts omit to unnecessarily submit, to the

court system to define these values. The Attorney General of the Administration

has shared such an approach in consultation by the Ministry of Public Works,

which is beneficial for the clarity of this issue, whether the criteria are not

binding.

d) Involuntary Resettlement

The figure of the Resettlement has been considered as a possibility to consider,

in those cases in which their specific characteristics, and in order to maximize


32

the social role of the Project, there is no other option for inclusion in the

Compensation Plan.

Due to current legislation and the limitations these imposes on those occupants

of the road easement that are in a more precarious position in terms of display

of location permit, they could not be compensated in any way. That is why; in

these cases have been articulated negotiations and contacts with the

Municipalities involved in the Project (Panama and San Miguelito) to the effect

of looking alternative solutions. Among these would be the Resettlement by the

search by the Municipality and the provision of land needed for the relocation of

the affected group, in order that they can continue their activity.

An example of the relocations carried out by the Municipality of Panama to a

group of people affected by the Line 1 of the Metro at the Plaza 5 de Mayo.

7. SOCIAL INTEREST PLAN

7.1. Analysis of the Social Interest Impact and Magnitude

First the preliminary analysis of the maximum number affected could cause the

Project, coinciding with one of the key objectives of the Social Assistance Plan,

leads us to the conclusion that there is no substantial important impact from the

quantitative point of view. This is, whenever we refer to densely populated

areas or communities in which the relocation of groups that in any case will not

exceed 150 people within a District with a population of more than 100 000

inhabitants. On the other hand, it is good to establish that a majority group of

the affected structures are aimed for business, and in many cases the owner of

the local moves from other communities to exercise their trade, concluding that

there is not necessarily a deep rooted relationship or affected with the affected

community.

Similarly, the Metro design adjustments carried out by staff of Engineering of

the SMP, have allowed foreseeing, even tentatively, different scenarios that

could potentially result in reductions of a significant number of people affected.

This allows us to adapt to one of the most important guidelines of the IBD


33

lineaments with respect to the Resettlement Policies, such as to minimize the

amount of affections.

In the same vein, the preliminary identification of the community affected does

not present us a scenario where there are circumstances of social, economic,

ethnic, gender, creed, age, etc. such as the prevalent presence of groups

identified as vulnerable.

Still less is foreseen the possibility that abstract issues arise which may lead to

demands not subject to be addressed by the Management, while

simultaneously are channeled with the necessary time potential options that

allow, at the time, that the community can absorbed in their space to groups

that need to be relocated.

Thus, the foregoing discharges and the evaluation of them with the parameters

established in the Operational Policies of the Inter-American Development

Bank, lead us to conclude that it is significantly under the impact that will

eventually represent the communities affected by the construction of this work

as a result of not giving the audience of any potential damage factors described

throughout this period (dismantling of communities or social networks,

vulnerability of affected groups, inability to replace affected assets or property,

etc).

7.2. Impoverishment risk analysis.

The preliminary assessment of the damages likely the Metro rise, yields

significant results in defining the Plan to be implemented. Thus, 95% of the

official survey made based on socio-economic survey is distinguished for being

dedicated to commercial structures. The remaining 5% is divided between

residential, religious and sports structures, etc. This situation is due

substantially that the Project is designed to run on road easement, significantly

reducing the range of impact on private property. This, coupled with the fact

that the easement has traditionally been an important source of tax collections


34

for municipalities, who are the main articulators of the "legalized" invasion

process of the road easements by small and medium businesses, clearly

explains the reason for the large number of structures in road easement.

Especially when the law regulates and limits this practice, with a certain fact that

not all cases of structures (business) have the appropriate road easement

authorization. And those that do exist usually have been observed that their

presence is limited to the time that the State requires its use and therefore the

constructions or developments of structures in the same should be limited.

These businesses generally are characterized by informality, allowing ensuring

daily survival, which must necessarily distinguish, in general, within the group of

people or families with low incomes. Now, in order to know the details of the

socioeconomic status of the affected groups, and to carry out a comparative

analysis or worsening of this condition is necessary, which has been prepared

the corresponding social profile, with which we identify based on certain

objective parameters their true socioeconomic status. A priori, we can

distinguish the first line of action in this process, implying the recognition or

payment of a pecuniary nature of the structures that would be affected, so that

affected him/herself defines the area of relocation of their business.

Likewise, this Plan involves the opening of compensation as likely as possible,

as long as it is ensured the balance and consistency with the economic values

that necessarily will have to set the property affected, and any other criteria to

maintain a factual and legal livelihood, so that its recognition is feasible. Based

on this criterion will be permissible as alternate routes to ensure the

sustainability of the minimum living conditions of each of those affected,

providing alternative compensation, in collaboration with the due Municipality,

such as directly relocation of commercial affected in collective commercial

centers, in which a large group of affected structures may under stable

conditions, adequate accessibility, health, utilities, etc., equal to or higher than

before, to continue their economic activities, so that will maintain full social and

economic status. Not necessarily for concrete development of the same type of

activity. With proper formulation of the survey of social and economic profile, it

could probably determine that the conditions of maximum development and


35

utilization of the capabilities of the affected are directed to a different activity to

that exerted when the damage, so with alternative processes considered within

the criteria for compensation (training, loans, etc.) can achieve the desired

results.

It is annexed a model of Cooperation Agreement currently develop by various

Institutions and the SMP, to try different types of Programs and Social

Assistance Measures to vulnerable groups for the socio-economic

development.

Then, accompanied a summary table with Social Assistance Programs

sponsored by various Organizations and Institutions, with which Cooperation

Agreements are being developed.


36

Institution Program Description

National Disability Secretariat

(SENADIS – due to its acronym in

Spanish)

Fami Company

Guide, train and encourage the

creation of family businesses. For

people with disabilities and their

families.

Economic Grants

Contribute to improve the quality of life

for the people with disabilities

benefiting from the program through an

economic subsidy.

FODIS

Allocate and manage State Funds

aimed at financing procurement and

provision of technical aids for people

with disabilities.

Ministry of Social Development

(MIDES – due to its acronym in

Spanish)

Business Sponsorship

(Padrinos Empresarios)

Private company offering scholarships

to young people who work 4 hours a

day, depending on the school day they

attend.

100 for the 70s

(100 a los 70)

Economic transfer of 100 dollars to the

elderly from the age of 70 without

retirement and pensions. Move for Panama

(Muévete por Panamá)

Program that facilitates the learning of

reading and writing to illiterate adults.

Ministry of Labor and Workforce

Development (MITRADEL – due

to its acronym Spanish)

My First Job

(Mi Primer Empleo)

Program that provides the opportunity

for career development of young

people.

SERPE

Department dedicated to the stock of

direct jobs, to market all sorts of

options.

Authority of the Small and Medium Enterprises (AMPYME – due to its

acronym in Spanish)

Business Opportunities,

Mobile Plants

Training new entrepreneurs:

dehydrated, beauty, canned seafood,

fried foods, dairy, bakery, crafts.

Capital Seed

(Capital Semilla)

A competitive fund that seeks to

promote and support the generation of

new business initiatives.


37

National Institute of Vocational

Training for Human Development

(INADEH – due to its acronym in

Spanish)

Technical Training

Courses

Identify the needs of CLU or

employment in the area and provide

technical courses for the inhabitants of

the area.

Institute for Training and

Development of Human

Resources (IFHARU)

Scholarships

School Subsidy for people of low

economic resources. There are

Extreme Poverty Grants, College

Scholarships, Athletic Scholarships,

and Scholarships for Grade.

8. INSTITUTIONAL RESPONSABILITIES

The responsibilities of the Compensation and Social Assistance process are on

the SMP and they are:

• Run the Compensation Plan and ensure care for those affected by social

assistance programs of the various institutions.

• Oversee compliance with the Compensation and Social Assistance Plan.

• Verify the implementation of complaints procedures.

• Incorporating Social Assessment and Census of the neighborhoods as

indicators of the baseline of the Compensation and Social Assistance

Plan.

• Run the Compensation and Social Assistance Plan and deal negotiation,

purchase and payment strategies of land to be affected.

• Establish the activities schedules to be developed within the Project.

• Apply the rules of complaints and claims of the Plan.

• Address and resolve the conflicts that arise during and after

implementation of the Plan.

• All those emanating from this Framework of Compensation and Social

Assistance.


38

9. ATTACHMENTS OF THE COMPENSATION PROCESSES

1. Preliminary Inventory of Damages URS.

2. Total of Affections Control Table.

3. Budget of the SMP for the issue of affectations.

4. Socioeconomic Study.

5. Work Schedule.

6. Model of Collaboration Agreement.

LINE 1 OF THE METRO OF PANAMA ... - World Bank Group

Documents

Transcript of LINE 1 OF THE METRO OF PANAMA ... - World Bank Group