Summary: Resettlement Action Plan for the Thwake … Resettlement Action Plan for the Thwake Multi-...
Transcript of Summary: Resettlement Action Plan for the Thwake … Resettlement Action Plan for the Thwake Multi-...
Summary: Resettlement Action Plan for the Thwake Multi- Purpose Dam-Kenya
1. Introduction and Background
The proposed Thwake water supply and sanitation Dam is a project conceived and intended
to be constructed by the Tanathi Water Service Board through the support of the government,
Ministry of Water and Irrigation and African Development Bank (AfDB). The Dam area is
spread across the greater lower eastern areas of Makueni, Kathonzweni, Mbooni East and
lower Yatta and covers an area of 2,900 Hectares. It’s envisioned to have a potential for water
supply for domestic and industrial use, as well as hydropower and irrigation purposes.
The Resettlement Action Plan (RAP) covers entire Dam area including the inundation area,
buffer zones and areas that will be directly affected by the Dam construction. The total Dam
area is 2,900 Hectares.
During the ESIA survey, the community engaged in comprehensive discussions on the
impacts that would arise from the Dam construction. The community preferred full
compensation for all the losses incurred including loss of land, loss of livelihood and
relocation disturbance to the relocation new areas. The communities ideally expects positive
impacts like improved access to water supply, employment and business opportunities, better
infrastructure (roads & power), social amenities, better environment and access to part of the
revenue generated from the Dam. The land on which the Dam will be constructed (70%)
traverses homesteads, smallholders’ crop cultivation land and grazing land. Subsequently, the
main effects of the Dam construction will be land uptake and loss of livelihood. The affected
community expects to be compensated and resettled in a manner that restores their
livelihoods or improves them from the earlier state.
This RAP summary provides the project description; potential impacts, project objectives;
legal framework; legislation on land expropriation and compensation; eligibility criteria and
entitlement; the institutions for RAP implementation; implementation schedule; grievance
redress mechanism; public consultations and community participation; persons affected by
the project; socio-economic profile of affected households; fully and partially affected
households; vulnerable households; valuation methodology; compensation levels for
properties and assets; monitoring and evaluation; RAP implementation cost and RAP
disclosure.
2. Project Description, Project Area and Area of Influence
The Multi-purpose Dam will be constructed in the greater lower eastern areas of Makueni,
Kathonzweni, Mbooni East and lower Yatta. The Dam will cover an area of 2,900 Hectares.
It is envisioned that it will provide water for domestic use (10,565 m3 per day) for the
communities living in Makueni and the neighbouring districts. Other envisioned uses include;
irrigation activities (249,000m3 per day) mainly within Makueni district where water can
easily gravitate and also hydropower generation (2,673,503 M3 per day). In addition to offsite
water use, other uses of the Dam water include; fishing, direct irrigation for small scale food
production, eco-tourism, improved sanitation and hygiene.
3. Potential impacts
The construction of the Dam will impact the lives of the PAPs variously. The negative
impacts include displacement from the catchment area of the proposed Dam, waste
management, loss of productive land, historical and cultural sites like the shrine at the
confluence of Thwake and Athi Rivers and increased local population. It will also lead to
loss of wildlife habitat, indigenous flora and fauna. Other losses include; erosion of
the top soil. There will also be pollutions of soil, dust and water due to oil spills from
heavy machinery. The quality of water downstream will deteriorate. The positive impacts
will include; water supply, irrigation, hydro-power, increased employment
opportunities, increased economic activities, possible eco-tourism and general
development of the area including improved infrastructure.
4. RAP Objective
The main purpose of this Resettlement Action Plan (RAP) was to identify the adverse social
impacts caused by the construction and realization of the Thwake Multi-Purpose Dam and
subsequently suggest the mitigation measures and procedures to be followed. The assessment
was undertaken within the proposed Dam design construction area which is about 2,900
Hectares. The RAP also sought to achieve the objective of quantifying and valuing the
impacts on the project affected persons (PAPs) and properties in order to propose measures
that compensate for such adverse impacts. This RAP covers the entire Dam construction area
of 2,900 Hectares for the proposed Thwake Multi-Purpose Dam in the administrative districts
of Makueni, Kathonzweni, Mbooni East and lower Yatta.
5. Legal Framework
A RAP legal framework describes all laws, decrees, policies and regulations relevant to the
resettlement activities associated with a project. The Kenyan constitution and law has legal
and institutional framework legislation and policies governing land expropriation and
compensation for affected assets. The specific Kenyan law statutes that handle matters of
land and valuation of assets and which shall apply for this RAP land compensation are
Government Lands Act Cap 280, Land Titles Act Cap 282, Registration of Titles Act Cap
281, Land (Group Representatives) Act Cap 287, Trust Land Act Cap 291, Land Acquisition
Act Cap, 295 Registered Land Act Cap 300, water act, Land control Act 302, Agriculture Act
318, Rating Act Cap 657 and the Valuers Act cap 532. These laws and regulations shall
apply in the resettlement, replacement and compensation and are fully elaborated in the main
RAP report.
6. Eligibility Criteria and Entitlement
The Kenyan law will guide the Resettlement framework and plan and will be complemented
by the eligibility criteria contained in the AFDB Involuntary Resettlement Policy (2003) and
the; OP 4.12 of the World Bank’s operational manual. Accordingly, compensation for lost
assets and replacement costs will be made for both titled and untitled land holders and
property owners. In this project the absence of formal titles will not be a barrier to
compensation, resettlement assistance and rehabilitation. All PAPs and organizations losing
land, buildings/houses, crops or sources of income will be compensated or rehabilitated
according to the types and amount of their losses (permanent or temporary) at replacement
cost. All PAPS, legal and illegal, are taken into consideration and accounted for. Also due
compensation will be paid for public utilities and community structures.
Compensation, both small and large amounts, will be paid either in cash or by cheque,
following the agreement with the individual PAPs. Disbursements will be guided by the
project proponent in liaison with the parent ministry or its appointed agent and will take place
in the presence of the compensation committee, county government machineries,
administration as well as the spouse or spouses of the individual PAPs. The cut-off date for
compensation eligibility has been set at 31 December, 2012. A careful count and
identification of the existing properties and affected persons has been conducted together
with local officials and will be re-verified prior to the compensation. The compensation
principles for the various affected population groups are given in the following entitlement
matrix:
Entitlement Matrix
Type of loss
Application Definition of entitled
person
Compensation
policy
Implementation
issues
Permanent loss of
arable land
Arable land located along
the project site
Farmers who have usufruct right
to cultivate the land & physical
present in the project area
-Land for land replacement -If
land is not available in close
proximity provide full
compensation
-Identify arable land close to the
affected community
-List down affected and entitled
households
-Compensate for lost crop as per
the law
Temporary loss of
arable land
Arable land located along
the project site
Farmers who have the right to
cultivate the land
-Provide full compensation
-List down affected and entitled
households
-Rehabilitate land used
temporarily at the end of the
construction period
- Compensate for crop loss from
the temporarily occupied land
Loss of residential
area /house/
Housing structures
located in the site
A person who owns housing
infrastructure
-A person with no formal legal
rights or claim structures
-Full compensation payment to
cover the loss of housing
structure without taking into
consideration depreciation
-Relocate housing structure to a
site which is acceptable to
PAPs
-A list of available structure in
each affected community
-Compensations provided
-If agreement has been reached
on mode of compensation
settlement, provide evidence.
Loss of Rented
Houses
Housing structures
located in the project area
Tenants who have rented houses
in the project area from individual
landlords.
Comparable or better dwelling
house in the project area for
renters (tenants) at same rental
costs and displacement
compensation equivalent to the
-Tenants (renters) will be
compensated inconvenience and
compensation will be paid to them
Loss of commercial
and business
activities
Loss of commercial and
business activities
Owner of the commercial and
business activities who over
operates the business at the site of
the project area
-Full compensation payment to
the owner -Relocate business
or commercial activity to site
acceptable to the affected
persons
-A list of available commercial
institutions in each affected
community
-Compensation provided
-If agreement has been reached on
mode of compensation settlement,
provide evidence
Loss of trees Trees and other plant
species located on the
land for the structure for
the project area, and the
project easement areas
Land owner, concession holder,
squatters, communities who
utilize the land where trees and
other plant species are located
Full compensation payment
based on
type, age and diameter of trees
-Provide equivalent land
nearby for replanting
-Make inventory of trees
-Determine individual need or
compensation volumes
-An assessment for maintaining
that kind of vegetation
-If agreement has been reached
on mode of compensation
settlement, provide evidence
Loss of livelihood for
Vulnerable
households
For loss of farmland,
trees, houses (own or
rented)
Vulnerable households who lose
live farmland and houses
-FHH will be given special
attention and support for the same
benefits as their male counterparts
-Give special support and
assistance
- TAWSB will be responsible
to construct new houses for
vulnerable households and
provide all the other services to
the vulnerable households
- The special support to FHH is
because they lack resources,
educational qualifications, skills,
or work experience compared to
men.
Loss of land or house
Source of income &
livelihood
-PAPs without formal rights for
land (squatters & encroachers)
Provide equivalent land
They may not have other sources
of income or livelihood
Loss of land
Loss of income and
traditional rights
Those persons who do not
physically reside in the project
area but have traditional rights to
the land
Provide equivalent land
Income could be reduced due to
the loss of land
7. Institutions for RAP Implementation
The overall responsibility for the RAP implementation is vested with the Tanathi Water
Services Board through the PAP steering committee. It will be constituted by the following:
National Environmental Management Authority (NEMA) officer
Tanathi Water Services Board (Project Implementation Unit)
Two Project affected people Representatives from each sub-location – to be appointed
by PAPs
Local council representative
Government Valuer
Local area chiefs and sub chiefs
District Land Adjudication and Settlement Officer
District Social Development Officer
RAP Committees will be established in the affected project area at county, district, location,
sub-location and village levels to oversee and guide the day-to-day operations of the RAP.
Tanathi Water Services Board in collaboration with the Makueni county and central
government administration will establish the RAP Committees. The RAP committees will
comprise a representative from provincial administration, 2 representatives from PAPs each
of either gender, a community leader of the PAPs choice and the project proponent agent or
it’s designate. Relocation and compensation will be the major responsibility of the RAP
Committees. To this end, the RAP Committees will prepare a practical relocation and
compensation schedule at the time. Funds for payment of the compensation will be made
available by the proponent. The RAP implementation Committees will prepare monthly and
quarterly progress reports to be delivered to the proponent, other stakeholders, partnering
bodies and government bodies as need be.
8. Implementation Schedule
The prime objective of the RAP is to ensure that compensation for houses and other
properties will be disbursed in time to enable the affected households construct habitable
dwelling houses before demolition commences. A minimum of 1 months and a maximum of
3 months will be available. PAPs indicated that a new house can be built within 1-3 months if
all the materials have been assembled. The RAP Implementation Schedule has made
provision for a series of activities before the Dam construction commences to ensure
adequate PAP participation and consultations are carried out, namely:
Land acquisition for relocation
Compensation to PAP’s
Construction of new houses
Income restoration measures
The Gantt chart below elaborates the water Dam construction for implementing the RAP.
Activities
2013 2014 2015
Quarter Quarter
Quarter
1 2 3 4 1 2 3 4 1 2 3 4
i. Disclosure of RAP
ii. Re-evaluation of assets and
properties
iii. Re activating all the
Committees established
iv. Property valuation committee
reviews
v. Property valuation committee
reviews impacts and costs
vi. The Resettlement /
Implementation committee
conducts education and
awareness creation about RAP
procedures and compensation
payment
vii. PIU carry out Stakeholder
Consultation on the
implementation of the RAP
viii. Compensation payment made
for all affected properties and
assets
ix. Skill training identified &
organized for PAPs that
require skill training
x. Grievance redress committee
addresses complaints and
grievances raised by PAPs and
ensures that appropriates
measures are taken
xi. Monitoring and Evaluation
xii. Preparation of completion
report by all committees and
PIU
9. Grievance Redress Mechanism/ Complaint and Dispute Management Process
It is anticipated that in an operation of this size and scope, there will be emergence of
conflicts and disputes. These will be handled by the RAP team and the PAPs amicably. In
order to prevent or, resolve conflicts amicably, a conflict resolution committees will be
formed at each PAP administrative location consisting of the sub-chief, two PAPs (man and
woman), a community leader of their choice and an agent of the proponent. An overall
arbitration committee will also be set up and used to manage complaints and disputes that
will not have been resolved at the local conflict resolution committee level. The committee
will comprise two representatives from TAWSB, Government offices, the PIU and two
representatives of PAPs. The representation of PAPs in the committees helps to build
confidence in the system.
The Committee will work during the resettlement period and meet as necessary when
convened by its Chair. In the event that the disputes or conflict cannot be resolved at the two
committee’s levels in 30 days, they could proceed to the courts. The following table shows
the standard grievance complains procedure to be used;
PAP AND RAP-C DON’T AGREE: REPORT TO LOCAL DISPUTES COMMITTEE
LOCAL COMMITTEE ATTEMPT TO SORT OUT THE DISAGREEMENT
THE PAP AND RAP-C DON’T AGREE: DISPUTE IS FORWARDED TO
ARBITRAL TRIBUNAL COMMITTEE
THE ARBITRAL TRIBUNAL COMMITTEE HEARS
DISPUTE
DECISION
PAP’S
DECISION
PAP’S
DECISION
NEGOTIATION BETWEEN THE AGGRIEVED PAP AND THE RAP-C
PAP EXPRESS RESERVATION ON COMPENSATION TO RAP-C
PAP’S
DECISION
PAPs EVALUATE
COMPENSATION
RAP-TEAM PRESENTS
COMPENSATION PACKAGE TO
PAPS
AGREEMENT REACHED
THE PAP ACCEPTS THE PACKAGE
WRITTEN CONFIRMATION & SIGNNITAURE
THE PAP RECEIVES
COMPENSATION
DECISION NOT ACCEPTED BY THE
PAP
THE PAP TAKES THE CASE TO THE
COURT
Project Affected Persons (PAPs) grievance resolution channel
10. Public Consultations and Community Participation
The public was consulted throughout the RAP process in different ways: a local proximity
approach which consisted of meeting PAPs individually and publically at home and public
areas respectively. The public consultation meetings were held between the months of March
and August 2012. During these meetings, the Consultant carrying out the RAP on behalf of
Tanathi discussed the project details and the compensation options available: (i) the option of
full compensation consisting in cash payment of the value of buildings, of the land and of
production, in the case of crops; (ii) the option of compensation consisting of partial payment
in cash of the value of buildings and partially in kind by finding replacement land for the
PAP; and (iii) the option of compensation in kind consisting of finding replacement land for
the PAP and providing aid for the reconstruction of their houses (iv) It was specified that the
entire RAP process, including the resettlement options is based on negotiations with the
PAPs.
The definition of “fully affected and partially affected” households (HHs) was agreed upon
before the commencement of the survey in order to clearly distinguish the impact on people
by the Dam inundation area, the general buffer and Dam support affected zone. The
definition was applied during the survey and during discussion with PAPs and other
stakeholders as follows:
Fully Affected: In this case almost all the plot area is taken and the PAP cannot re-establish
herself/himself in the remaining compound area, since the former use and practice of the
houses is no longer possible. These households will receive full compensation to rebuild new
houses, compensation value (inconvenience cost) and compensation for income restoration
during construction and transfer for loss of business.
Partially Affected: Partially affected households are those who live in land which they don’t
own but have could lose their buildings and other livelihoods and will be compensated for
their losses. These include adult sons and daughters who have partially inherited land from
their fathers.
The discussions confirmed that the residents were willing to vacate the proposed project site
which will serve the public-interest project of the community. All concerns expressed
regarding the eligibility criteria, the works implementation period and deadline for vacating
the proposed project site, the scale and amount of compensation, the loss of documents
proving ownership of assets and identity cards as well as the issue of land ownership were
clarified. It was made clear that all persons living within the project site or with an asset or
source of income in the proposed project site were entitled to compensation. It was, however,
noted that compensation would depend on the losses suffered and the type of property
affected.
Finally, discussions on conflict and dispute handling mechanisms for handling
misunderstandings, complaints and disputes were done. RAP conflict resolution committees
were suggested and agreed upon as responsible for managing possible disputes. If the
conflicts were not solved at the two suggested committee levels, they could be resolved in
accordance with the Kenyan courts of law.
11. Persons Affected by the Project
The field survey showed that 1067 owners of properties will be affected by the Dam project.
The total family members of the project affected households are 5,736. Names of the heads of
households and institutions identified during the field survey have been documented.
12. Social –economic profile of the affected households
A total population of 5,736 people in 1067 households will be directly affected by the
activities. 60% of this population are male whereas 40% are female. The table below gives
the figures of the people to be affected in terms of their age. 95% of the people are
Christians across the denominations of African Inland church, Catholic and Protestant
denominations. The minor 5% spreads across traditional African beliefs.
Age group Total Male Female
Below 10 years 1220 523 697
11-20 years 1162 498 664
21-30 years 910 390 520
31-40 years 931 399 532
41-50 years 744 319 425
51-60 years 372 159 213
60 and above 397 170 227
Total 5736 2458 3278
The population is distributed in seven sub locations namely, Katithi, Mavindini, Kathongo,
Kathulumbi, Syotuvali, Syomunyu and Nzambia Sublocations. The Table below shows the
population Distribution.
Sub-Location Household Number of people
Mavindini 240 568
Syomunyu 107 751
Kathulumbi 107 426
Kathongo 84 356
Nzambia 65 714
Katithi 170 894
Syotuvali 294 1567
Total 1067 5276
The project area is occupied by the Akamba who have elaborate cultural practices and speak
Kikamba, Kiswahili and English. Men have more access to information than women due to
the paternalistic nature of the Kamba culture. Affirmative action will be taken to ensure that
female headed households are taken care of as a vulnerable group.
13. Vulnerable Households
The socio-economic survey identified the physically challenged, women and elderly persons
as vulnerable PAPs. The elderly people are those (above the age of 60) and women who head
households. Additional support will be made in rebuilding their houses, transferring and
transporting their household items and materials to the newly relocated and constructed
homes. The vulnerable persons include 15 physically challenged, 20 female-headed and 40
elderly persons beyond the age of 60 years who are either physically frail or sickly. TAWSB
undertakes to ensure all vulnerable persons are given the necessary protection and receive
equitable access to replacement resources.
14. Valuation Methodology
A quantitative and qualitative description of all affected buildings and other properties were
prepared. The results obtained have been cross-checked with data from the socio-economic
survey to ensure that no resident household is omitted. The buildings affected have been
classified on the basis of their size and type of construction materials used. To estimate the
value of buildings, several elements of evaluation were used:
(i) The plans and sketches of building types;
(ii) Building technicians’ estimates;
(iii)The unit price of materials in the project area;
(iv) Inflation rate
A Financial compensation for buildings has been calculated at the replacement cost; a
scale which gives a price per m2 has been established on the basis of the following
criteria:
i) The type of construction materials used;
ii) The shape of the building;
iii) The use of the building; and
iv) The size of the infrastructure (length, diameter, etc.).
Regarding compensation for plot loss, persons eligible under Kenyan law are usually
holders of documents attesting to ownership rights (title deed) or usufruct (title deed
or allotment letters). However, under this project, households with immovable
property for use as dwellings in the unserviced (unallotted) area will receive
compensation. The parameters taken into account to assess the cost of the loss of land
relate mainly to the type of right held by the occupant or land tenure status (title deed
or allotment letters) and the price per m2 in the same sector.
Assessment and compensation for market gardening losses: the method for assessing
the losses of market gardeners along the canal takes into account a number of
technical factors, mainly: (i) the surface area in m2 or the number of market garden
strips; (ii) the type of crop; (iii) yield per m2; (iv) quantities produced; (v) the market
price of crops. Since crop prices fluctuate on the market, prices are calculated so as
not to prejudice the farmer.
Compensation regarding trees is financial and the scale used is that of the ministry of
agriculture and Kenya Forest Services. The amount of financial compensation
received by an owner depends on the species, number and circumference of trees
(age).
Compensation for cultural, religious and sacred sites: among the religious and cultural
sites affected was a church in the allotted area. This church served both PAPs and the
communities in the project area. The displaced persons will be allocated land for the
reconstruction of their place of worship on the resettlement site. This amount will be
paid to the church community of the neighbourhood, to build a new place of worship
for the population that will remain in the location.
Compensation and assistance for the relocation of households: emotional distress and
enable households to meet their subsistence expenses during the displacement and
resettlement period
15. Monitoring and Evaluation
In carrying out the monitoring and evaluation of the Dam, the RAP Monitoring
Committee will be assisted by an independent entity, i.e. consultant/technical assistance.
At the initial stage, the independent Consultant will determine the performance indicators
to be selected in order to effectively assess the progress and outcomes of activities. Once
the indicators have been prepared and validated with the TAWSB and AFDB, it will be
possible to identify the data sources.
Thus, for each indicator proposed, the specific data source will be specified. In some
cases, the data will be provided by RAP implementing committee and the PAPs in the
project site. The consultant will also define the frequency of analysis for each indicator
selected. In some cases, continuous monitoring will be carried out while in other cases it
will be monthly or annually.
The proposed monitoring will get data from both genders (men/women) as may be
required. The same indicator could therefore be split in two in order to monitor the
progress of activities from two separate standpoints, male and female. The evaluation
component of the Resettlement Action Plan seeks to ensure that the PAP living standards
are higher than, or at least equal to pre-project living standards. It will, therefore, be
necessary to:
(i) Establish and interpret the baseline situation of the affected people prior to project
start-up (the baseline situation under the terms of preparation of the PAR is
calculated on the basis of the census and household surveys);
(ii) Regularly define all or part of the above parameters in order to assess and understand
the trends;
(iii) On project completion, establish a new baseline to assess the socio-economic impacts
of the RAP.
Monitoring/evaluation content and indicators: more specifically monitoring/evaluation shall
ensure that:
Pre-determined allowances/compensation have been provided;
Resettlement is progressing as agreed;
Appropriate care is provided for vulnerable groups;
All complaints are effectively considered and the decisions known;
The established schedule for PAR implementation is complied with; and
Resettlement does not create any negative impacts, or such impacts are mitigated. It
will also be necessary to ensure that PAPs are properly settled in their host
communities and that their living standards have not declined.
16. Total project cost
The total cost for this RAP is estimated at Ksh 2,261,382,500. This will cover the entire cost
of the RAP including compensation for loss of land, structures, income, trees and crops.
Item Quantity Unit Cost
(Kshs.)
Total Cost
(Kshs.)
1 Land 13,738 50,000 686,900,000
2 Shops/kiosks/stalls 15 200,000 3,000,000
3 Household description
Permanent houses 149 1,000,000 149,000,000
Semi-permanent houses 941 500,000 470,500,000
Temporal houses 758 100,000 75,800,000
4 Trees
Fruit trees 11,492 10,000 114,920,000
Indigenous & Exotic 5472 7,000 38,304,000
5 Livestock relocation cost 22,200 2000 44,400,000
6 Compensation for other Structures 37,301,000
7 Graves 550 200,000 110,000,000
8 Institutions
School
1 5,000,000
5,000,000
Church 1 2,000,000 2,000,000
Hand dug wells 20 20,000 400,000
Monitoring and evaluation 2,000,000
Total 1,739,525,000
9 Administration cost 5% 86,976,250
10 Miscellaneous 10% 173,952,500
11 15% disturbance, injurious affection and severance 260,928,750
Total compensation cost 2,261,382,500
17. Disclosure of Information to Project Affected People
As described above, project affected people were informed individually and collectively.
They were again informed at the time of the census when their agreement on the data
culminated in their signing of the survey forms. It is important to note that the information
process will continue throughout the project’s implementation and until the PAPs are fully
integrated into the host communities. Under the responsibility of the RAP Monitoring Committee,
an information process will also be conducted by the TAWSB. Community liaisons (elected
representatives of the sectors concerned, religious and customary communities, residents’
associations, PAP representatives) will be identified to pass on information. Periodic meetings will be
held with the latter.