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RESETTLEMENT POLICY FRAMEWORK
FOR
THE GAMBIA
COMMERCIAL AGRICULTURE
AND
VALUE CHAIN MANAGEMENT
PROJECT
January, 2014
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Table of contents Contents Abbreviations and acronyms.......................................................................................................... iv
Definition of terms .......................................................................................................................... v
Executive Summary ...................................................................................................................... vii
1.Introduction .................................................................................................................................. 1
1.1 Project Description................................................................................................................ 1
1.2 Rationale for Preparation of a RPF ....................................................................................... 6
1.3 Objectives and Principles of the RPF ................................................................................... 6
1.4 Process for the preparation and approval of RAPs ............................................................... 7
1.5 Extent and scope of Resettlement within the project ............................................................ 7
2. Institutional and Legal Frameworks ........................................................................................... 8
2.1 Gambia institutional and legal framework ............................................................................ 8
2.2 World Bank Policies ........................................................................................................... 10
2.3 Comparison of the Gambia Legal Framework and WB Policies ........................................ 12
2.3 Conclusions: Bridging the Gaps ......................................................................................... 14
3. Eligibility and Entitlements ...................................................................................................... 15
3.1 Eligibility ........................................................................................................................ 15
3.2 Entitlements ........................................................................................................................ 16
3.3 Valuing Affected Assets ..................................................................................................... 19
4. RAP Information Requirement ................................................................................................. 22
4.1 Census and Inventory of Project Affected Persons (PAPs) ................................................ 22
4.2 Identification of losses ........................................................................................................ 22
4.3 Baseline Survey .................................................................................................................. 23
5. Implementation Arrangements .................................................................................................. 24
5.1 RAP Development and Approval process .......................................................................... 24
5.2 RAP implementation Process ............................................................................................. 25
5.3 Supervision and Monitoring ............................................................................................... 28
6. Public participation and consultation ........................................................................................ 30
ANNEXES .................................................................................................................................... 32
Annex 1 OP 4.12 - Involuntary Resettlement ........................................................................... 32
Annex 2 TOR ............................................................................................................................ 45
Annex 3 land assets and physical inventory survey form ......................................................... 51
Annex 4 Sample Census Survey form ...................................................................................... 51
Annex 5 Detailed Screening Checklist for Environmental and Social Impacts ....................... 52
iii
Annex 6 involuntary land acquisition and resettlement form ................................................... 57
Annex 7 consultations with communities ................................................................................. 60
Annex 8 budget template .......................................................................................................... 63
Annex 9 sample Entitlement costing matrix of project affected people ................................... 63
Bibliography ............................................................................................................................. 63
List of Tables
Table1 : Categorization and Resettlement Planning Requirements
Table 2: Comparison of National laws with World Bank Safeguard Policies
Table 3: Forms of compensation
Table 4: Matrix of entitlement and Compensation Packages by Type of Asset Lost and
Ownership Right
Table 5: Methods of Valuation
Table 6: Verifiable indicators
iv
Abbreviations and acronyms CC Compensation Committee
EIA Environmental Impact Assessment
ESSC Environmental and Social Screening Checklist
GCAVMP The Gambia Commercial Agriculture and Value Chain Management Project
GCRC Gross Current Replacement Cost
MIGA Multilateral Investment Guarantee Agency
NALA The National Agency for Legal Aid
NEA National Environment Agency
NGOs None Governmental Organization
MOA Ministry of Agriculture
PAPs Project Affected Persons
PCU Project Coordination Unit
RAP Resettlement Action Plan
RAP Resettlement Policy
v
Definition of terms An Environmental Impact Assessment (EIA) An Environmental Assessment
instrument to identify and assess major potential environmental impact of proposed sub
projects, evaluate alternatives and design appropriate mitigation, management and
monitoring measure.
Bantaba: means an open space in the community where people meet to discuss communal
matters. It is mainly occupied by men.
Compensation : Means payment in cash or in-kind at replacement cost for an asset
to be acquired by the Project.
Cut-off Date : Means the date that a population record or census, preferably at
the project identification stage, serves as an eligibility cut-off date in order to prevent a
subsequent influx of encroachers or others who wish to take advantage of such benefits. The cut-
off date will be the date when the census for the RP is completed
District Authority: means the district authority established under section 132 of the
Local Government Act 2002. The District Authority is responsible for managing the
affairs of the district
Entitlement : Means the range of measures comprising compensation, income
restoration, transfer assistance, income substitution, and relocation
which are due to affected people, depending on the nature of
their losses, to restore their economic and social base.
Inventory of Losses: Means the pre-appraisal inventory of assets as a preliminary record
of affected or lost assets.
Land Acquisition : Means the process whereby a person is compelled by the local
administration through the executing Agency of the Project to alienate
all or part of the land s/he owns or possesses in favor of the State in the implementation of the
Project or any of its components in return for consideration.
Kabilo: cluster of compounds in a village with communal ownership of land
Market Value: means the most probable selling price or the value most often sought by
buyers and sellers.
Project affected persons: Means a person affected by direct economic and social impacts
caused by: a. the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss
of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether
vi
or not the affected persons must move to another location; b. involuntary restriction of access to
legally designated parks and protected areas resulting in adverse impacts on the livelihoods of
the displaced persons.
Resettlement : Means all measures taken by the Project to mitigate any and all adverse social
impacts of the Project on the PAPs, including compensation for lost assets and incomes, and the
provision of other entitlements, income restoration assistance, and relocation
as needed.
Resettlement Plan: Means the time-bound action plan with budget setting out resettlement
strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation.
Resettlement Policy Framework: is a safe guard policy and legal requirement for both the
Government of The Gambia and the WB. The purpose is to have a proactive resettlement system
rather than an adhoc one. It clarifies resettlement principles, organizational arrangements, and
design procedures to be applied incase in any sub project requires involuntary resettlement
during project implementation.
Vulnerable Groups: Means special groups of people who might suffer disproportionately from
the loss of assets, and production base from the effects of resettlement and specifically include:
(i)divorced or widowed female headed households with dependents and low income;(ii)
households with disabled persons or people living with HIV or chronically ill; (iii) households
with persons falling under the category of extreme poor (iv) elderly with no means of support.
vii
Executive Summary
This Resettlement Policy Framework (RPF) provides a broad framework and guidelines for the
Government of The Gambia and its line ministries, local communities for the development of
Resettlement Plans under the Gambia Commercial Agriculture and Value Management Project
(GCVMP). Where a sub-project/s involve involuntary land acquisition or the restriction on
access to economic/natural resources then a Resettlement Action Plan is needed to be prepared as
per the agreement of the Government with the World Bank. This RPF defines the project
affected persons (PAPs) and provide guidelines for suggested compensation measures to be
incorporate in the RAP).
The Development objective of this Project is to improve production systems and access to
market for targeted agricultural commodities for smallholders in rural Gambia. The Project has
three components underpinned by sub-components.
Component One: Support for development of irrigation and key productive infrastructure
with four sub components at a cost of $15 million
Component Two: Support to value chain management with three sub components at $
3.5million
Component 3: Project Administration and Institution Building with four sub components
at a cost of $2 million
According to the World Bank classification of project investments, the GCAVMP is a category
B with moderate social or environmental impacts, including certain financial intermediary
projects with minimal adverse risks. A Resettlement Policy Framework (RPF) is being
prepared to guide the development of future Resettlement Plans (RP) in terms of the principles and
procedures that will govern land acquisition, compensation and economic assistance to project
affected persons (PAPs). The Principles and resettlement measures which will be applied in all
the project subcomponents will be in accordance with this Resettlement Policy Framework
(RPF) which is also in compliance with National laws and World Bank Operational Policy 4.12.
In the unlikely event that involuntary resettlement and land acquisition is unavoidable, a RA P
will be prepared. The activities to be undertaken must include: communication between the
Project and the community; conducting of socio-economic survey; identifying the impacts of the
resettlement on assets and livelihoods; identify affected persons/groups; conduct valuation
exercise; preparing resettlement costs and submitting to appropriate authorities in this case the
PCU for funding and carry out compensation of the affected persons.
Valuation procedure to be followed must include the use of use of Standard Valuation Tables
and Preparation of Asset Inventory and valuation methods to be adopted shall also include
Replacement Cost method/Approach, Gross Current Replacement Cost method, Comparative
Sales Method and Other methods such as Rates from Contractors. All land acquisition and
compensated shall be in accordance with the Gambia’s legal provisions such as the Land
Acquisition and Compensation Act 1991 and the WB Safeguard Policy. Consultations as per the
provisions in the this policy framework shall be followed which includes but not limited to
public meetings/bantabas, , involvement of PAPs in resettlement committees, documentation of
holdings and assets, agreements on compensation package, and payments, awarding of contracts.
viii
The institutional arrangement is such that relevant institutions will be engaged according to their
respective roles and responsibilities. RAP shall also include a grievances redress mechanism
which starts from the community to national level.
Resettlement and compensation shall be the responsibility of the Government of the Gambia and
supervision and monitoring should be carried out by the PCU, the WB, communities and NGOs
for feedback and corrections where necessary. Disclosure is a must for any RAP to be executed
which will include distribution and explanation of copies of the RAP to the communities, NGOs,
experts, local Government Authorities, Village and “Kabilo” heads, for their inputs and the WB
Info-shop for wider disclosure to the national and international.
1.Introduction
The Government of The Gambia has requested funds from the World Bank for the
implementation of the Commercial Agriculture and Value Chain Management Project
(GCAVMP ). The proposed Project Development Objective (PDO) is to improve production
systems and access to market for targeted agricultural commodities for smallholders in rural
Gambia. To achieve this objective, the project would support targeted investments to remove
critical constraints, improve productivity and efficiency and build organizational and
institutional capacities of both public and private sector stakeholders. In particular, the project
would: (i) rehabilitate irrigation infrastructure to enhance the resilience of agricultural
production systems to climate change-induced weather shocks in selected areas; (ii)
rehabilitate/build commercial postharvest infrastructure to facilitate processing and marketing
of agricultural products (iii) support strengthening of the technical, institutional, managerial
and marketing capacities of smallholders and their organizations, as well as the associations of
other stakeholders involved in agricultural production and value chains management, to more
effectively operate in a market-driven environment; and (iv) provide institutional-strengthening
support to improve the governance of GNAIP.
1.1 Project Description
The proposed project would support interventions designed to help the agriculture sector
improve productivity and build resilience against weather-related shocks, while improving
market access to provide incentives for farmers to produce more. It will seek to maximize the
limited Grant resources by focusing: (i) project support on limited number of commodity value
chains that are both important in terms of food security and nutrition, and have significant
development potential to respond to market opportunities, and in limited geographical areas with
suitable agro-climatic conditions; (ii) project activities in each selected value-chain on resolving
the binding constraints on productivity, quality, and value-addition; (iii) on ensuring a fair
balance between required hardware as well as software investments to adequately address
identified constraints; (v) on linking investments supported under the project to the establishment
of sustainable financing mechanisms with improved governance of internally generated
resources within the supply chains actors and their associations to finance operation and
maintenance and future capital investments; and (vi) on coordinating with similar projects
supported by other development partners, in terms of design and implementation, to leverage
support in critical areas on the value chains and avoid duplication and enhance development
outcomes of interventions.
Project Components
The activities of the project are clustered around two main interlinked technical components: (i)
support to development of irrigation and productive infrastructure and (ii) support to value chain
development. The third component deals with coordination of project activities, and support to
the Ministry of Agriculture for overall sector coordination, to facilitate the implementation of the
Gambia National Agricultural Investment Program (GNAIP).
Component 1: Support for development of irrigation and key productive infrastructure--
$15 million
2
This component would support critical public and private infrastructure needs to enhance the
resilience and competitiveness of the agricultural sector. The objective of this component is to
support the rehabilitation and/or improvement, and management of tidal irrigation schemes and
key small-scale productive infrastructures to address key constraints in the agricultural
production system in order to improve productivity, and to further develop and increase the
efficiency of key value chains through improved access to markets. This objective will be
pursued under the following subcomponents: (i) irrigation development; (ii) farm production
improvement support; (iii) promoting/leveraging private sector investments in agri-business; (iv)
support access to key productive assets; and (v) improving the agricultural investment climate.
Sub-component 1.1-- Irrigation Development (with focus on tidal irrigation schemes)
The sub-component would complement on-going donor support and public sector investments in
land and water management so as to reduce the country’s vulnerability to climate change induced
risks, and raise the productive potential of the limited supply of agricultural land and to boost
rice productivity.. Under this sub-component, the project would finance the rehabilitation of
3000ha of existing tidal irrigation schemes for intensive rice cultivation, in rotation with off–
season vegetables, and sweet potatoes (particularly orange flesh beta-carotene varieties to
improve household nutrition) around CRR (North and South), where tidal irrigation is most
suitable. The selection of specific tidal areas would be carried out after detailed analysis of
technical, financial, economic, institutional, environmental and social aspects of the investments
in the tidal schemes. The activities to be financed would include: (i) physical rehabilitation of
existing tidal irrigation works, including main and secondary canals and drainage structures
(works and goods); construction of on-farm irrigation systems (works and goods); and (ii)
institutional support for a more efficient and sustainable operation and maintenance of the
infrastructure and the land and water resources for irrigated agriculture (technical assistance and
training). Detailed design of irrigation and drainage schemes will be developed. The Ministry of
Agriculture will work closely with the Ministry of Water Resources to design and appraise these
schemes, with participation from the water users and appraised by technical specialists appointed
by the supervising Ministry for the project. The sites would be selected based on: (i) proximity to
markets, (ii) cost and quality evaluation, and (iii) interest expressed by farmer
groups/cooperatives to undertake the development of tertiary network and take subsequent
responsibility for management and maintenance.
The sub-component activities would also include the establishment and capacity building of
Water User Associations (WUAs), and the preparation of management and maintenance
programs for irrigation facilities and equipment.
Sub-Component 1.2: Farm production improvement support:
The objective of this sub-component is to enhance the producers’ access to improved
technologies (including climate-smart technologies) which increase productivity and
competitiveness. This sub-component would coordinate with and leverage WAAPP support in
the identification, implementation of applied research and the dissemination of proven
technologies which are cost-efficient, responsive to market demands and incentives, and enhance
the environmental sustainability of farming practices of the targeted commodities. Technologies
addressing nutrition issues such as nutrient-high varieties, as well as those addressing climate
3
change issues (such as adaptation and resilience) would be deliberately targeted for adoption. It
would also leverage on seed distribution schemes of WAAPP to increase access of farmers to
improved seed.
Sub-Component 1.3: Promoting/leveraging private sector investment in agribusiness:
Under this sub-component, the project would support activities designed to address some of the
key constraints on the value addition potential of Gambian agriculture. These include:
insufficient agribusiness capacity of smallholders and processors, lack of competitiveness; low
access to financial capital; undeveloped access to markets; weak market information systems;
limited processing and storage facilities; and huge post-harvest losses (estimated at 30-50
percent, especially for fruits). The sub-component would leverage private investment through
demand-driven, public-private partnerships with targeted beneficiaries, including producer’
organizations, professional associations of agro-processors and other relevant Small and
Medium-scale agribusiness Enterprises (SMEs) to increase domestic production and processing
capacities for high-quality rice and horticultural produce (particularly mango) for urban markets..
A number of financing mechanisms to leverage private investments would be investigated during
project preparation, including matching grants and first loss provisions for credit extended
through farming contracts. The project would also help promote linkages with local rice traders
for distribution of processed rice to urban markets. The framework of the relationship between
the famer-based organizations and the agro-dealers/agro-enterprises will be established during
project appraisal. The investments to be supported by the project include support for upgrading
or construction of rice processing facilities; processing units and postharvest management of
fruits and vegetables, cold chain equipment, warehouses, packaging units etc.
Sub-component 1.4-- Support Access to key Productive Infrastructure:
The sub-component aims at enhancing the mechanization of the agricultural works (field
preparation, harvesting and threshing etc.)by building the capacity of the various stakeholders in
the private sector, particularly producer groups, and the facilitation of start-up businesses
supplying these services to the sector. In this vain the sub-component would support sub-projects
that largely consist of equipment that requires a business-type use and management to be
sustainable and profitable, for which the matching grant ratio would (initially) be set at 60%
project contribution and 40% beneficiary contribution (to be firmed up at appraisal), under the
condition that the beneficiary group has a contractual agreement with its members to use and
manage the equipment as a microenterprise, providing services to the whole group and or
community. The sub-component would also be extended to young entrepreneurs who would
farm service centers to provide services to farmers
Component 2: Support to value chain management--$ 3.5million (of which IDA Grant: $3.5
million).
The objective of this component is to develop and strengthen the institutional capacity of farmer-
based organizations, the professional associations of private sector participants in the value
chain; to scale up best practices and support farmers’ and private sector participants’ sub-
projects to address key constraints and exploit the opportunities to improve the productivity,
4
processing, and marketing of selected commodities; and to strengthen marketing and agri-
business development through engagement with private sector stakeholders.
The project would facilitate the establishment, development and operation of private The
component would take a gender and vulnerable group sensitive approach to capacity building
and provide support to improved nutritional status among rural households in project affected
districts.
Sub-component 2.1: Institutional strengthening and value chain coordination:
Under this sub-component, the project would strengthen the technical and management capacity
of producer groups, professional associations of other participating stakeholders. The project
would under this sub-component enable producers to adopt effective organizational approaches
to access competitive input and output markets through formal linkages between smallholders
and either larger-scale commercial farms or separate services providers. The managerial and
business capacities of local micro-enterprises that support farming activities (small processors,
craftsmen and local traders) will be strengthened, including the ability to properly handle
contracts, and managing business accounts, creating networks and forming professional
organizations. This training activity would be contracted to a competent service provider. As far
as the eligibility and selection of private and non-governmental agricultural services providers
are concerned, preference will be given to those who have the relevant experience, skills,
outreach, and mandate to work with local communities and smallholder farmer groups or
associations.
Sub-component 2.2: Linking Producers to Markets:
The objective of this sub-component is to support improved value chain development, though
support to SMEs and producer organizations to improve their productive capacity and
competitiveness and to develop market linkages. The subcomponent would facilitate farmers’
access to market by creating and supporting productive partnerships between farmers’
organizations with private agribusiness enterprises to foster the integration of a greater number
of smallholder producers in performing and remunerative value-chains, by developing and
implementing public-private alliances in the project areas aimed at improving market linkages.
Project support would be provided to some five (5) partnerships on a matching grant basis’ for
eligible expenditures including advisory services and training in support of farmer organizations
(and their members) and the respective agribusiness partner. Matching grants will be allocated on
the basis of a competitive selection process, utilizing transparent appraisal procedures
specifically designed and established under the project to result in the selection of commercially
viable partnership business plans. The terms and conditions of this matching grant facility will be
determined and agreed during the appraisal mission
Sub-component 2.3: Improving the agricultural investment climate and service delivery.
The sub-component would support policy dialogues with key stakeholders, especially the private
sector through public-private round tables so as to broaden and deepen agricultural the
commercialization agenda. The subcomponent would support MOA and GIEPA to organize the
participatory policy dialogues to review and improve the agribusiness regulatory environment,
institutional conditions and service delivery systems. These business forums would also
5
contribute to the formulation of national agricultural competitiveness strategies, based on market
opportunities and comparative advantage.
Component 3: Project Administration and Institution Building--$2 million (of which IDA
Grant: $1.50 million).
The objective of this component is to develop and strengthen the overall implementation
capacity of the project coordination unit (PCU), while providing support to the MoA for the
overall coordination of the GNAIP. This component comprises the following four sub-
components: (a) Project management, (b) Impact monitoring and evaluation; (c) Project
communication; and (d) Support to Ministry of Agriculture (MOA) for the implementation of the
Gambia National Agricultural Investment Plan (GNAIP).
Sub-component 3.1:—Supporting Project Management, --$1million.
This subcomponent would: (i) finance the incremental expenses incurred by the Government in
implementing the project through the PCU and the participating field implementing agencies
and various service providers; (ii) provide technical assistance and training to enhance
implementation capacity of the PCU; and (iii) finance office equipment, vehicles, training, and
operating costs to ensure effective coordination and good project management at CPCU and
PCU levels, including safeguards, financial management and audits, reporting and supervision.
Sub-component 3.2: Impact Monitoring and Evaluation:
Under this sub-component, the project would support the establishment and operation of the
Monitoring and Evaluation (M&E) system under the project. This would include support to the
design and implementation of the various surveys and other tools for monitoring and evaluating
the progress of project implementation and the results of the project, including the level of
impact on intended beneficiaries. Technical assistance will be provided to participating technical
implementing agencies for improved monitoring arrangements.
Sub-component 3.3: Communication:
This sub-component will finance consultants and non-consultant services for the preparation and
implementation of a communications education program designed to enhance the quality of
participation of value chain participants and increase transparency and accountability in project
implementation. This support will include: (i) improved information dissemination campaigns at
all levels of government and in the communities to raise awareness and understanding of the
project objectives, approach and guidelines, implementation arrangements; and (ii) hands-on
training in communications education The implementation costs of this subcomponent will
include appropriate multimedia mobile vehicles, simplified posters, leaflets, radio/television
spots, and videos and DVDs.
Sub-component 3.4-- Support to MOA (for implementation of GNAIP)--$2+
Under this subcomponent, the project would provide support to: (i) improve agriculture and rural
development policy and strategy formulation and analysis at all levels of government as well as
to enhance national capacity to implement the Gambia National Agricultural Investment Plan
(GNAIP); and (ii) to streamline interagency coordination in delivering public services to the
rural sector. This support will enable the government, especially the sub-national governments,
6
to establish the necessary preconditions for increased decentralization of rural development
administration. It is envisaged that, within the framework of the GNAIP, the Government will
establish a pathway for setting-up a Sector-wide Approach (SWAp) in agriculture.. The project
would finance the incremental operating costs for MOA to perform this coordination function.
1.2 Rationale for Preparation of a RPF
The project development objective of the GCVMP is to improve production systems and access
to market for targeted agricultural commodities for smallholders in rural Gambia. The
implementation of the project is expected to have a widespread positive impact on overall socio-
economic status and livelihoods of the target communities and the project-affected people
(PAPs). However, this needs to be done through appropriate environmental resources
management as the individual sub-projects that the GCVMP will finance carry some risks of
adverse environmental and social impacts. While the general impacts are addressed in the
Environmental and Social Management (ESMF), this framework addresses the risks, which
might arise if a sub-project requires for the economic or physical resettlement of populations.
Owing to the community-driven nature of the components of this project, the exact location,
nature and magnitude of sub-projects to be financed could not yet be determined. Therefore it is
at this stage neither possible to determine the demography and livelihoods of the PAPs nor the
resettlement related impoverishment risks they might face. This Resettlement Policy Framework
therefore provides guidelines on how the projects will avoid, manage or mitigate all/any project
related displacement risks. It is specifically to establish the resettlement and compensation
principles, organizational arrangements, and design criteria to be applied to meet the needs of the
people who own or use land or resources, which a subproject need to relocate or displace from
their current places of residence or livelihood in order to achieve the project’s objectives.
1.3 Objectives and Principles of the RPF
The objective of the RPF is to guide the preparation of RAPs that will ensure that, in the event of
any future resettlement, all PAPs will be compensated at replacement cost at market value, for
their losses, and provided with rehabilitation measures so that they are at least well off as they
would have been in the absence of the project. The principle is that involuntary resettlement
should be avoided where feasible, or minimized, exploring all viable alternatives in project
design. If unavoidable, resettlement activities should be conceived and executed as sustainable
development programs, providing sufficient investment resources to enable the persons displaced
by the project to share the benefits of the project. Displaced persons should be consulted and
involved in planning and implementing resettlement programs; and be assisted in their efforts to
improve their levels or to levels prevailing prior to the project implementation, whichever is
higher.
.
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1.4 Process for the preparation and approval of RAPs
Process for the preparation and Approval of RAPs is guided by notations described in Table 1
below:
Table1 : Categorization and Resettlement Planning Requirements
Category Number of PAPs Resettlement Impact requirement
A 200 or more
-physical displacement
-Loss of 10% or more of their
productive assets
Significant Full RAP
B <200 Minor Abbreviated RAP
C No loss of assets and incomes or
displacement
None No RAP
1.5 Extent and scope of Resettlement within the project
The initial consultations with communities and potential side visits in Central River and Western
Regions identified no immediate resettlement undertaking/impact in all the options of irrigation
and value addition and major type of impacts if any in some options later in the project might be
land, trees or crops. As such, final selection of proposed sub project options will be the scope of
information of actual resettlement impacts for this project and requirement of the compensation
and consultation adheres to the provisions of this RPF. The scope of this assignment is to prepare
the Resettlement Policy Framework (RPF) for the GCAVMP as specified in the TOR (Annex 2)
8
2. Institutional and Legal Frameworks
2.1 Gambia institutional and legal framework
The Ministry for Lands and Regional Administration is responsible for the administration of
land in the Gambia, supported by two key technical departments- the Department of Lands and
Surveys which is responsible for the survey, mapping and demarcation of national and
international boundaries and government layouts and the Department of Physical Planning and
Housing is responsible for ensuring the rational and equitable use of the available land
resources. In addition to these two departments is the Land Commission which is provided for
in the Constitution
(Art. 192) The Commission, in co-ordination with relevant public agencies and government
institutions, manages lands vested in the state and provides advice to the Minister on land
matters. There are also reserved lands such as the Forest Parks and Protected Areas for wildlife
which are established by the state but administered by sectoral ministries. The Forestry Act 1998
and the Biodiversity Wildlife Act 2003, for example, vests the administration of the land in these
areas on the Minister for Forestry and the Environment. The legislations relating to land
administration in The Gambia were initially, the Provinces Lands Act and The Banjul and
Kombo St. Mary’s Act. However in 1990, The Banjul and Kombo St. Mary’s Act was repealed
resulting in the enactment of the State Lands Act in 1991 which is contained in Volume 8 of
The Laws of The Gambia. The State Lands Act now covers Banjul and Kombo St. Mary and the
whole of the Western Region. The State Lands Act covers compensation for a person/s when
land is being taken away from them for government developments. The Physical Planning and
Control Act and the Surveys Act were also enacted in 1991.
The main laws the govern land administration in the Gambia are two; that is the State Lands
Act 1991 and the Lands (Provinces) Act, CAP 103.
The State Lands Act 1991, Under this Act the administration of all state lands is vested in the
Minister for Local Government and Lands. The Act covers lands in the entire Kombo St. Mary
as well the districts of Kombo North, South and Central all in Western Region. All such lands
are to be administered by the State ‘for the use and common benefit, direct or indirect of the
community in which such land is situated. The Act provided for the establishment of Land
Administration Boards in 2007 in all the regions purposely to advise on the different aspects of
land administration such as; the acquisition and compensation of land for public purposes and
investigation of disputes on land ownership and occupation in designated areas. This Land
Administration Boards were later dissolved by the Lands Commission Act 2007 and transferred
functions of the board to the Lands Commission. The Act also has provision for leases and
mortgages.
The Lands (Provinces) Act Cap. 103 of the Laws of the Gambia vests all land in the Provinces
in the District Authority. Stated in article 4 “All Provinces’ lands are hereby declared to
be vested in the Authorities of the Districts in which such lands are situated, and shall be held
and administered for the use and common benefit, direct or indirect, of the communities
concerned.’ And article 5 states- ‘The occupation of Provinces’ lands by indigenes shall be
governed and regulated by the customary laws obtaining in the localities in which such lands are
9
situated.” ‘Non-indigenes must obtain the consent of the District Authority in which the land is
situated The terms and conditions of such occupation must be stated in the lease and recorded in
the Land Register at the Office of the Governor. Section 24(1) of the Act empowers the Minister
to ‘acquire on behalf of the State, any Provinces’ land for any public purpose for a term of years,
paying such compensation or consideration or compensation and consideration as may be
agreed upon.’ This compensation will be in addition to the land rent. The District Authority
within which such land is situated may grant to the Minister, on behalf of the State, a lease of
such land for a term not exceeding twenty-one years. In the case of lease hold lands,
compensation is to be paid when the land is to be compulsorily acquired for public use. Where
the parties are unable to agree on the level compensation, the Act provides for a committee of
arbitration. The decision of the committee is final as provided in Sections 26 & 27
The physical planning and development control Act 19991Act provides for the establishment of
a Planning Board and Planning Authorities that are responsible for the development of national,
divisional and local plans. The Board advises the Minister on the formulation of general physical
development policy. The Planning Authorities are established in each of the administrative
regions including Banjul and Kombo St. Mary and they are also responsible for considering and
approving development permits for any land within its area of jurisdiction. On the subject of
acquisition of land for public purposes the Act makes provision under Section 36 for the
acquisition of such land by the Minister in accordance with the Land Acquisition and
Compensation Act 1991.
Other laws exist that also regulate land acquisition and resettlements includes, The Constitution
of the Republic of the Gambia 1997.which has provided for land acquisition and resettlement.
The relevant section is section 22 which protects from deprivation of property and provides as
thus:
(i)“No property of any description shall be taken possession of compulsorily, and no right over
or interest in any such of property shall be acquired compulsorily in any part of The Gambia,
except where the following conditions are satisfied”
(a) the taking of possession or acquisition is necessary in the interest of defense, public safety,
public order, public morality, public health, town and country planning, or the development or
utilisation of any property in such manner as to promote the public benefit; and
(b) the necessity therefore is such as to afford reasonable justification of the causing of any
hardship that may result to any person having any interest in or right over the property, and
(c) provision is made by law applicable to that taking of possession or acquisition- (i) for the
prompt payment of adequate compensation; and (ii) securing to any person having an interest in
or right over the property, a right of access to a court or other impartial and independent
authority for the determination of his or her interest or right, the legality of the taking of
possession or acquisition of the property, interest or right, and the amount of any to which he or
she is entitled, and for the purpose of obtaining prompt payment of that compensation”.
Section 22 sub section 4 further state “where a compulsory acquisition of land by or on behalf of
the Government involves the displacement of any inhabitant who occupy the land under
customary law, the Government shall resettle the displaced inhabitants on suitable alternative
land with due regard to their economic well being and social and cultural values” while
subsection 6 states . “Where any such property as is referred to in subsection (5) is not used in
the public interest or for the public purpose for which it was taken or acquired, the person who
10
was the owner immediately before the compulsory taking or acquisition, as the case may be,
shall be given the first option of acquiring that property, in which event he or she shall be
required to refund the whole or such part of the compensation as may be agreed upon between
the parties thereto; and in the absence of any such agreement such amount as shall be
determined by the high Court”.
The Land Acquisition and Compensation Act 1991 also legitimizes the acquisition of property
by the state for public or planning Purpose which can be seen on sections 3,4 and 11
.In computerizing the compensation, the market value of the property is taken which means- the
best price at which an interest in property might reasonably be expected to be sold at the time of
valuation.
Land disputes with regards to ownership, compensation, demarcation are settled by the
arbitration and where that fails the supreme courts takes over.
Land tenure in the Gambia is a dual system which falls under three main categories:
(i). Customary;
(ii). Free hold and
(iii). Leasehold
The Customary form of tenure is mostly prevalent in the Provinces. The tenure is an interest or
title which a member of the larger community acquires in the communal land. It is an interest
which is held as of right by virtue of being a member of the community. The member who holds
such interest has the right of beneficial occupation, free use (subject to the laws of the country).
Upon death, the interest is transferred to his/her successors in title without any limits. this system
is the most relevant for the is project
The Free hold tenure has no term limit and is the highest form of land ownership. It is only
created by express grant from the Government. It is a form of tenure that confers absolute
ownership of the land. This form of tenure mostly exists in Banjul and some part of the greater
Banjul areas. It is a very rare form of ownership and almost does not exist in the provinces and .
The Lease hold tenure involves the execution of a lease between individual(s) and the
Government /District Authority for a period of twenty one years for Provincial lands and ninety
nine years in the state lands area. It is an interest in land for a specified period of time.
Foreigners can only acquire leases for twenty-one years. Various terms and conditions may be
imposed by the grantor including the payment of rent as consideration for the grant. The term for
business leases is dependent on the volume of investment.
2.2 World Bank Policies
The World Bank’s OP4.12 on Involuntary land acquisition and Resettlement, (Annex 1) is the
social safeguards policy that guides (land acquisition and involuntary resettlement) planning and
compliance during implementation of sub-projects. As sub-projects are identified and proposed
for financing both prior to and during the project implementation period, screening for potential
11
land acquisition / involuntary resettlement will be conducted and the necessary mitigation and
management measures in keeping with the agreed RFP will be developed. In the event that a sub-
project resulting from the Bank-assisted investment projects to address direct economic and
social impacts entails land acquisition and are caused by the involuntary taking of land resulting
in the loss of livelihoods, the loss of shelter, loss of assets or access to assets or sources of
income, the loss of income and relocation, the Borrower must implement measures to ensure as
provided below
The OP 4.12 has the following aims to:
(i) Avoiding or minimizing involuntary resettlement wherever possible through
consideration of all viable alternative project designs.
(i) Instances where it is not feasible to avoid resettlement, resettlement activities should
be conceived and executed as sustainable development programs/activities, providing
sufficient investment resources to enable the individual/families displaced or
adversely affected by project activities to share equitably in project benefits. To this
end, displaced persons should be meaningfully consulted and should have
opportunities to participate in the planning and implementing sustainable resettlement
programs/activities.
(ii) Displaced persons should be informed about their options and rights pertaining to
resettlement
(iii) Displaced persons should be assisted in their efforts to improve their livelihoods and
standards of living, or at least to restore them, in real terms, to pre-displacement
levels or to levels prevailing prior to the beginning of project implementation,
whichever is higher
(iv) Provided prompt and effective compensation at full replacement cost for losses of
assets attributable directly to the project. “Full replacement cost” is the method of
valuation of assets that helps determine the amount sufficient to replace lost assets
and cover transaction costs. In applying this method of valuation, depreciation of
structure and assets should not be taken into account. For losses that cannot easily be
valued or compensated for in monetary terms (e.g. access to public services,
customers and supplies; or to fishing grazing or forest areas), attempts are made to
establish access to equivalent and culturally acceptable resources and earning
opportunities. Should the laws of The Gambia not meet the World Bank’s standards
of compensation for full replacement cost, then compensation under domestic law
would be supplemented by additional measures necessary to meet the replacement
cost standard, as per the requirements of World Bank Operational Policy 4.12. Such
additional assistance is distinct from resettlement assistance to be provided.
(v) Displaced persons should be assisted with relocation and supported during the
transition period
(vi) Particular attention should be paid to vulnerable groups (children, women, elderly,
chronically ill, persons with disabilities, widows);
(vii) There will be adequate measures for monitoring and evaluation of the Resettlement
(viii) The Resettlement Policy Framework will form part of the overall GCAVMP’s
operations Manual and is reference in the project contract agreements.
.
12
2.3 Comparison of the Gambia Legal Framework and WB Policies
The World Bank Operational Policy adequately provides for project affected Persons (PAPs)
who are either displaced or suffer other losses, as a result of the Bank funded development
activities/ projects. The bank places high premium on preserving the livelihoods of persons to be
affected, but in cases where this is inevitable, the Bank endeavors to minimize displacement as
much as possible. In instances where displacement is unavoidable, compensation should be paid
to PAPs to help them to restore their social, economic and environmental livelihoods.
The Gambian laws as well make revisions for land acquisition and compensation. A comparison
is detailed in table 2 below. Where there is a difference between World Bank policy and The
Gambia’s law, the former will prevail.
Table 2: Comparison of National laws with World Bank Safeguard Policies
Legislation of The
Republic of The
Gambia
WB Involuntary
Resettlement Policy
Conclusion on
Gaps
Actions to address
gaps
1. Eligibility
Law provides for Persons
who suffer any losses and
can produce any form of
title that is legal in the
form of deeds,
leaseholds, or customary
People impacted by:
-Involuntary taking of
land
-Loss of shelter,
assets, income sources
or livelihood
-Involuntary
restriction of access to
protected areas
resulting in adverse
impacts on livelihood
Policy expects all
forms of losses
without exception to
be catered for
In instances where a
Sub project affect
squatters they are
not likely to be
compensated
Both the Republic of
the Gambia and The
WB commits itself
to abide by all the
provisions in the
involuntary
resettlement policy
by signing the credit
agreement for the
GCAVMP project.
Meaning even those
PAPs that have no
form documentation
shall be
compensated in
accordance with the
RPF.
2. Entitlements
Fair and adequate Full replacement cost In instances where a
Sub project affect
squatters they are
not likely to be
compensated
As above the
agreement should
include all PAPs
regardless of status
and special
provisions/assistance
for vulnerable
persons
13
3. Information
requirements
Laws are not explicit/
silent on consultations
Under the Gambia law, it
is preserve for the
minister to assess loss
due to the resettlement
either through the
Department of Lands&
Surveys or through
consultants
The owner/tenants on the
land must be formally
notified at least a week in
advance of the intent to
enter, and be given at
least 24 hours notice
before actual entry.
Meaningful
involvement of
affected persons,
communities, local
authorities, NGOs, all
stake holders to
ensure that the project
enjoys the full support
of the Bank and
affected persons.
Policy advice that
project affected
persons be assisted
during their transition
period in the
resettlement site and
efforts made to restore
their livelihoods
consultations on
eligibility criteria for
compensation and
assistance; Displaced
persons
& their communities
and host
communities –
participate in
planning,
implementing and
monitoring
resettlement;
Displaced persons and
their
communities are
provided timely and
relevant information,
consulted on
resettlement options,
and offered
opportunities to
participate in
planning,
Communities might
not be fully
informed or have
full access to the
RAP
As part of the
agreement should be
a clause on full
participation of
communities and
processes of
involving them
14
implementation and
monitoring of
resettlement
2.3 Conclusions: Bridging the Gaps
From the point of view of the process of land acquisition and compensation, it is clear that the
calculations for compensation, consultation and information sharing is mainly the prerogative of
the Minister. This is likely to be significantly more time consuming and more difficult in the
event that resettlement issues arise in a significant number of subprojects. Therefore, it is will be
necessary to streamline the compensation review process and engage more community people
particularly that the project will be operating in areas where the land provinces act prevails and
administration of such lands is vested in the district authorities. This will help to ensure that
approval timelines are consistent with those required by the Bank for timely sub-project approval
and implementation. It is therefore being suggested that the PCU develops and agrees with the
Minister of Lands, a valuation and compensation procedure that allows the delegation of
authority and decision making to the local – district level in the case of sub-projects that have
minimal resettlement impact.
The law does not provide for rehabilitation and in practice this has been left to ad hoc
arrangements taken by project proponents in order to meet international donor requirements. To
clarify these issues and reconcile eventual gaps between the national law and WB Policy, this
RPF has been drafted for the Project, ensuring compensation at replacement cost of all items, the
rehabilitation of non titled people and informal settlers, and the provision of subsidies or
allowances for PAPs that may be relocated, suffer business losses, or may be severely affected.
15
3. Eligibility and Entitlements
3.1 Eligibility
3.1.1 Eligible Individuals. According to the World Bank Safeguard Policy, eligible individual(s)
are those who are directly affected socially and or economically through the project funded sub-
projects caused by
(i) The involuntary taking of land and other assets resulting in, relocation or loss of shelter,
loss of assets or access to assets, loss of income sources or means of livelihood whether
or not the affected persons must move to another location and
(ii) The involuntary denial of access to a designated social and economic services, such as
football fields, market, recreation centers
3.1.2 Cut–Off Date. The cut-off date for eligibility will be set as the date when the PCU
completes the census survey of people occupying the land needed for the project and the
inventory of their assets including infrastructure, houses, wells, animal drinking points, small
ruminants, communal/social places for example “bantaba” and all the affected people have been
duly informed of their dues. The cut-date will be communicated among the public and PAPs
through various means of communication. A cut-off date is required to prevent opportunists
rushing to settle on the project needed land and causing additional unplanned burden/risk on sub-
project.
3.2.3 Compensation Procedure
Formation of the Compensation Committee A committee will be formed to be charged with
the affairs of resentment. This will include the staff from the PCU, ministry of Lands, department
of physical planning, AG’s chambers, VDC member, district chief, Alkalo, Kabilo Head and a
woman leader.
Public Participation with the PAPs This will initiate the compensation process as part of an
ongoing process that have started at a stage when the project designs are being developed. This
process therefore seeks to get the involvement of PAPs in a participatory approach with the
project, from the beginning.
Notification of land resource holders – The district authority concern and resettlement
committee who would also been involved in identifying the land will notify the land owners
/users, about the established cut-off date and its significance. The user(s) will be informed
through both a formal notification in writing and also by verbal notification in the presence of
District chief, Alkalo, VDC members and Kabilo Heads, as many of the potential PAPs are
illiterate.
Documentation of Holdings and Assets – The resettlement committee will arrange meetings
with affected individuals to discuss the compensation process. For each individual or household
affected, officials of the Compensation Committee completes a compensation file containing the
necessary personal information on the affected party and those that he/she claims as household
members, total land holdings, inventory of assets affected, and information for monitoring their
future situation. This information is confirmed and witnessed by other family and or community
16
members. The file will be kept current and will include documentation of lands surrendered. This
is necessary because it is one way in which an individual can be monitored over time. All claims
and assets will be documented in writing.
Agreement on Compensation and Preparation of Contracts – All types of compensation are
to be clearly explained to the individuals/ groups or households involved. The respective
Compensation Committees will then draw up a contract listing all property and land being
surrendered, and the types of compensation (cash and/or in-kind/assistance) selected. The type of
compensation will be an individual choice. An individual/group that selects in-kind
compensation has to fill an order form which is signed and witnessed. The compensation
contract and the grievance redress mechanisms are read aloud in the presence of the affected
persons concerned or their representatives and members Compensation Committee (CC) and to
signing.
Compensation Payments – All handing over of property such as land and buildings and
compensation payments will be made in the presence of the affected persons and or their
representatives and the members of the RC. Tables 3&4 describe the forms of Compensation
and compensation package by type of asset lost and ownership rights respectively. Compensation
payment will be based on the market value and this will have been arrived at
either on:
- by Direct Comparison Valuation Technique
Cost Approach.
Table 3 Forms of compensation
Cash Payments Compensation will be calculated in GMD.
Rates will be adjusted in accordance with
inflation
In-kind Compensation Compensation may include items such as land,
houses, other buildings, building materials,
seeds, seedlings, fertilizer, other inputs and
financial credits for equipment
Assistance Assistance may include moving allowance,
transportation and labor
3.2 Entitlements
During preparation of the RAP precise identification of PAPs adversely affected by project
activities will be undertaken and losses of assets and livelihoods carefully assessed. Adetailed
Entitlement Matrix for these PAPs will be prepared. (See Table 4 below ) sample entitlement
and compensation matrix. The matrix provides identification and appropriate and fair
mitigations for various types and levels of asset and livelihood losses. Compensation will be
estimated drawing on established national guidelines, market valuations of property and
structures; values of productive assets including land, agricultural produce, productive trees,
businesses, dwellings, livestock pens, etc.
17
Table 4: Matrix of entitlement and Compensation Packages by Type of Asset Lost and
Ownership Right
Asset Loss Specification RIGHT/PERSON
DISPLACED
COMPENSATION
ENTITLEMENT
Land All land
irrespective of
impact severity
Owner-Formal or
customary title
Land for land
compensation through
provision of plots of
comparable value
and location as the lost
asset, including
transitional support.
The replacement land
should be a similar size and
have similar characteristics
(soil, water) for agriculture
as the original piece of
land.
Renter or Lease holder
Cash compensation value
for rent proportionate to the
duration of the remaining
lease period
Encroacher /Squatter Assistance
to locate to replacement
plot where the
encroacher/squatter may
legally reside.
Allowance covering one
year of agricultural income;
or provision of a
replacement plot in a public
resettlement area and with
the legal status (owned or
leased) of that lost by the
encroacher/squatter
House or Business
Premise
(including all
infrastructure such
as wells, fences,
outdoor
kitchens, chicken
coops and the
like)
Owner Replace with house of at
minimum, same size and
infrastructure
Renter Reimburse any advance
rental
payments;
Provide assistance to
locate new rental property
at same rental rate and
quality of house;
18
Provide at least 6 months
rent for vulnerable persons
and 3 months for persons
with no special needs as
disturbance fee
Squatter Provide assistance to locate
new
rental property;
Provide at least
three months rent (as
disturbance fee);
Assistance to
acquire house plot is
recommended
Business Owner Compensate monthly
profits
foregone during period of
relocation;
Pay employee salaries
during
period of relocation;
Renter Compensate profits and
employees for wages .as
above, plus assistance to
acquire new
locale (as for all renters)
Crops Affected crops Farmer/Owner,
cultivator of crops
Compensate for lost
production (yield) at price
between harvests
Trees and fruit trees All affected
trees
Owner/Owner Provide seedlings as
replacement;
Compensate for value of
fruit clump lost
until seedlings come into
production;
Community
Assets
Rehabilitation/substitution
or cash
compensation at full
replacement cost of
the affected structures and
utilities.
Unidentified
Losses
Unanticipated
Impacts
All Displaced Persons Dealt with as appropriate
during subproject
implementation in
accordance with the World
Bank’s Operational Policy
19
4.12
3.3 Valuing Affected Assets
This sets out the detailed requirements for determining the value of affected assets.
Valuation Procedure to be followed
1. Use of Standard Valuation Tables It is anticipated that a number of small-scale asset
valuations will need to be carried out in the rare even of land acquisition and involuntary
resettlement during the course of the project. Therefore one valuation method or expert would
not be insufficient to evaluate each and every case. It is therefore recommended that an
evaluation expert/firm be contracted by the PCU at the project outset to develop a standardised
procedure for asset valuation, which can then be applied by the project team at the local level.
This standardized procedure would include a series of ‘look-up’ tables for estimating asset value
by type according to the approximate size and condition of the existing asset. The tables would
necessarily be developed using legally acceptable valuation procedures accepted by both the
Gambia Government and World Bank for purposes of fairness and consistency. The approach
will consider replacement costs and types and levels of compensation under the law, and
valuation of lost assets will be made at their replacement cost and different calculation methods
will to be adopted for the different types of assets as outline in Table 4.
2. Preparation of Asset Inventory A field visit would be carried out by a team to the affected
area to carry out an asset valuation survey in order to prepare an inventory of assets for a sub-
project. The team will be led by a representative from the PCU, and will include a representative
of the PAPs, a representative of the ministry of local government and lands, physical planning,
district Chief, a VDC member- essentially Compensation Committee. During the survey, each
asset will be enumerated and inscribed on an inventory and a valuation of the asset carried out
using the approach described above. The values of each asset will then be recorded in a register
and shown to the affected person for agreement. The register will be signed and a copy given to
the affected persons. The document will define when the PAP will be notified, and that the asset
inventory they have signed will not be official until a second signed copy, verified by project
coordinating team before it is returned to the affected person. A copy of the grievance procedure
will also be given to the affected person as required by the banks policy. Annex 3 includes the
land asset and physical inventory survey form.
Valuation Methods to be Adopted
1 Replacement Cost method/Approach. The replacement cost method is based on the premise
that the costs of replacing productive assets is based on damages caused by project operations.
These costs are taken as a minimum estimate of the value of measures that will reduce the
damage or improve on on-site management practices and thereby prevent damage. The approach
involves direct replacement of confiscated assets and covers an amount that is sufficient for asset
replacement, moving expenses and other transaction costs.
20
2 Gross Current Replacement Cost method. Gross Current Replacement Cost (GCRC) is the
estimated cost of erecting a new building having the same gross external area as that of the
existing one, with the same site works and services and on a similar piece of land.
3 Comparative Sales Method is a method of estimating the value of an asset by comparing it to
the values assessed by the market for similar or comparable assets. The process consists of
identifying comparable assets (the peer group) and obtaining market values for these assets.
converting these market values into standardized values relative to a key statistic, since the
absolute prices cannot be compared and this process of standardizing creates valuation multiples
and applying the valuation multiple to the key statistic of the asset being valued, controlling for
any differences between asset and the peer group that might affect the multiple.
4 Other methods such as Rates from Contractors, when rate schedules do not exist or are out
of date, recent quotations by contractors for similar types of construction in the vicinity of the
project can be used for calculating replacement costs. In projects offering the options of cash
compensation or alternative accommodation, the construction cost estimates for alternative
accommodation could be used for calculating cash compensation payable.
The methods for valuation for the various losses are presented in Table 5 below
Table 5 Methods of Valuation
TYPE OF LOSS METHOD OF
VALUATION
BASIS OF VALUE
Loss of Land Comparative Sales Method Based on the open market
value of comparable recent
land transaction
Loss of Buildings and Other
Civil Works
Replacement Cost Method
or Comparative Sales
Method, gross replacement
cost methods
Full replacement cost
value as if new – recent
construction cost rates and
market values for structures,
assets and materials
Loss of Trees, Perennial
Crops, Food Crops
Comparative Sales Method/
Replacement Cost Method
Based on going market
Rates
Loss of Business Income and
Loss of Business Goodwill
Comparative Method Based on the average
monthly net profit
-Loss of Forest Trees / Comparative Sales
Method/Replacement Cost
Method
Based on stumpage fee
Loss of Wages
- Loss of Fees from
Apprentice Loss of Job
Training
Comparative Method Based on Going Fees and
Wages
Expenditure all transportation-
related to transfer
Comparative Method,/ other
methods
Based on truck/transport
hiring charges
21
22
4. RAP Information Requirement
4.1 Census and Inventory of Project Affected Persons (PAPs)
In order to prepare an inventory of all PAPs, a field team would visit the affected area to carry
out a survey. The team would be led by an appropriate person from the PCU and other members
of the Compensation committee including the people from the local authorities and
representative of the PAPs. During the survey, all the PAPs and asset will be enumerated and
inscribed on an inventory. Sample survey form is provided in Annex 4
4.2 Identification of losses
It is important to underscore that at this stage it is not possible to determine the exact number of
PAPs because the individual subprojects of the project components 1 and 3 will be identified
during project implementation by the local communities in a participatory process. For that
reason, the locations, nature and magnitude of these subprojects cannot be determined before
implementation. For each sub-project which might require physical and/or economic
resettlement, land acquisition leading to involuntary resettlement and/or restrictions of access to
resources or livelihoods will be assessed through screening processes and the number of PAPs
will be established through a RAP, which will be elaborated before project implementation.
Category of affected people
In line with the World Bank Safeguard policy on involuntary resettlement O.P. 4.12 and the laws
of the Gambia, the following categories will be used to define affected individual/s or group/s
(i) People who have formal legal rights recognized under the laws of The Gambia.
(ii) People who do not have formal legal rights to land at the time of conducting the
census, but have a claim to such land or assets provided that such claims are
recognized under the laws of the Republic of The Gambia.
(iii) People without any recognized legal rights or claims to land they are occupying.
Those covered under the first two categories above will be provided compensation for the land
they lose and other assistance in accordance with the policy. Persons categorized under the last
and third category will be provided with resettlement assistance in lieu of compensation for the
land they occupy, and other assistance, as and when necessary, to achieve the objectives set out
in this policy, if they occupy the project needed land prior to a cut-off date established by the
PCU in close consultation with the potential Project Affected Persons (PAPs) and the local
officials and acceptable to the Bank. Persons who encroach on the area after the cut-off date are
not entitled to compensation or any other form of resettlement assistance.
All categories of persons defined above are to be provided with compensation for loss of assets
other than land.
Assistance to Affected Groups/ Individuals:
Assistance to affected individual(s) may include the following:
(i) Identification of affected individual(s) and identification of the cause and impacts of their
losses, through one on one interviews.
(ii) Identification of required assistance at the various stages of the process, negotiation,
compensation and relocation
23
(iii) Implementation of the measures necessary to assist the affected individual(s)
(iv) Monitoring and continuation of assistance after resettlement and or compensation, if
Required
Assistance to Vulnerable People:
Serious attention should be paid to vulnerable people or people with specials needs to ensure
compliance with the bank’s policy with regard to vulnerable people. Vulnerable people include
orphans, children, the aged, people with chronic illnesses, pregnant women, single parents, and
people with disabilities
4.3 Baseline Survey
An important aspect of preparing a RAP is to establish the socio- economic baseline data through
a survey to identify the persons who will be displaced by the individual subproject, to determine
who will be eligible for compensation and assistance, and to discourage inflow of people who are
ineligible for these benefits. The census provides a baseline and consolidates information that
(i) Provides initial information on the scale of resettlement to be undertaken
(ii) Gives an indication of further socioeconomic research needed to quantify losses to be
compensated and, if required, to design appropriate development interventions; and
(iii) Establishes indicators that can/be measured at a later date during monitoring and
evaluation.
A Sample census survey form is provided in (Annex 4).
Baseline data for subproject RAPs will include: number of persons; number, type, and area of
the houses to be affected; number, category and area of residential plots and agricultural land to
be affected; and productive assets to be affected as a percentage of total productive assets
24
5. Implementation Arrangements
5.1 RAP Development and Approval process
A resettlement Action plan is needed to operationalise the framework and below are the steps to
follow:
1. Identification and preparation During the identification and preparation stage, an
Environmental and Social Screening Checklist (ESSC) (Annex 5) will be completed to
determine, whether or not, a particular sub-project(s) will acquire land and critically analysis all
the issues for any meaningful resettlement undertaking. The ESSC is designed to inform the
PCU about critical issues and to make available critical information to reviewers/evaluators for
informed decision making about the corresponding mitigation measures. It will also provide the
basis for further analysis and tracking of compliance with national legislation provisions and the
Bank’s safeguard policies and procedures at an early stage.
2 Preparation of a Resettlement Action Plan. When the initial screening suggest that there will
be land acquisition and therefore involuntary resettlement as defined under this policy, the PCU
will be required to develop a Resettlement Plan which will entail the following activities:
Baseline Survey Preparation of the resettlement plan will entail doing a baseline survey
consisting of a Census of all affected persons and assets and a socio-economic survey of the
conditions of the affected persons. The census would identify potentially affected individuals,
households and vulnerable groups (children, the elderly, female headed households, widows,
widowers, people with disabilities etc). The socio-economic study will collect baseline socio-
economic data of the potentially affected populations/communities within the project targeted
areas. The socio-economic assessment would focus on identification of stakeholders
(demographic data), the participation process, identification of affected people and impact on
their property, their production systems, the institutional analysis and the system for monitoring
and evaluation. Detailed calculation of household economies and identification of all impacts
will be done in the socio-economic assessment to determine potential compensation process. The
survey should be done by the PCU or could be sub Contracted to a competent person or firm.
Development of a Resettlement Action Plan (RAP). The resettlement action plan will include:
Description of the project sub-component, potential impacts, relevant findings of the baseline
survey, legal framework, institutional framework, eligibility, valuation of and compensation of
losses indicating whether compensation is in-kind or cash for each loss, the unit compensation
rates and overall cost for monetary compensation, including transport, administrative,
procurements, hiring and other costs as may be required. RAP will also describe the grievance
procedures, resettlement measures, community participation, institutional responsibilities,
economic rehabilitation measures required, implementation schedule, costs, the budget and the
sources of funding and last but not least RAP will also describe monitoring and evaluation and a
timetable for resettlement and sub-project activities.
Screening and Appraisal The screening will be carried out by the relevant Government
Agency or an independent competent agency/individual and submitted to the PCU for approval
or otherwise. The process will identify and assess potential impacts for the proposed project
Sub-component and determine whether land is required and whether displacement or loss of
25
access and/or property is likely to occur, examine whether the involuntary resettlement policy
will be activated or not; examine whether the RAP is adequate and can be implemented, review
the environmental and social impacts assessment
5.2 RAP implementation Process
Implementation of the RAP is given precedence over the implementation of the GCAVMP. This
is in line with WB’s policies to make sure resettlement takes place before any project investment
to ensure that displacement or restriction of access does not occur before the necessary measures
for resettlement are in place. The PCU through the compensation committee will ensure that
compensation is effected in line with the National Legislation and World Bank Safeguard Policy
on Involuntary Resettlement.
Institutional Arrangements:
The Ministry of Agriculture (MOA) is given the overall coordination of the RAP. A PCU will
be established under the MOA to take up the day to day coordination responsibilities. The PCU
will be responsible of approving all sub project activities to be completed under this project.
Prior to any sub project, the subcontractor will conduct screening to assess whether it entails land
acquisition or not and findings/report sent to the PIU and then incorporate the findings into the
final approval document and submit for review by the Project Manager. This process will lead to
sub project RAP if needed and shall also form part of the approval package. The PCU will be
responsible for ensuring overall adherence to the RPF. It is recommended that a focal person be
identified within the PCU to provide oversight on the RPF. As part of efforts to meet the required
capacity to implement the RPF, training on the application of the RPF should be conducted to
respond to the unlikely event when this project is to acquire private land.
The National Environment Agency (NEA), established by an act of parliament is charged with
the responsibility for environmental management in The Gambia. The NEA sets standards and
guidelines relating to environmental protection and/or pollution. It may by notice in writing
direct any developer carrying on any project to submit an Environmental Impact Assessment
(EIA) covering the project. The Environmental Assessment Regulation 1999 has listed the
developments that require clearance with the NEA before implementation can start. Agricultural
development projects are one of those required the issuance of environmental clearance. The
NEA will be responsible for screening and appraising the RAP as well as monitoring and
evaluating the resettlement/rehabilitation process.
The Ministry Lands and Regional Integration is the agency mandated by law to take charge
of land administration in the country including land acquisition, and valuation of losses due to
compulsory acquisition and compensation. The customary land tenure also falls under the MLRI
and this project will be implemented under the CRR and NBR where the Land (provinces) act
applies and the WCR where the State Lands Act mostly applies. Therefore the chiefs, Alkalolos,
Clan Heads or “Kabilo” VDCs will be consulted and participate in the planning, implementation
and monitoring of the land acquisition and resettlement undertakings as they are the land
administrative structures/mechanisms in the provinces. This structures however, to large extend,
excludes women and youths as customary land administration is discriminatory against women
and youths. The structures will be used to prevent or arbitrate and resolve disputes and conflicts
that may arise as a result of involuntary resettlement.
26
The Lands Commission established under the Lands Commission Act 2007 and charged with
the primary responsibility of advising the Minister on policy matters relating to land
administration. Other responsibilities include the investigation of land ownership and occupation
disputes in all parts of the Gambia.
The Department of Lands and Surveys is responsible by law for the survey, mapping and
demarcation of national and international boundaries and government layouts. The Department is
by law responsible for the processing of compensation claims on compulsory acquisitions and
for this purpose performs, for the government, valuation of various properties for specified
purposes.
The Department of Physical Planning& Housing will be responsible to ensure that land
acquired for the project or for resettlement on a reserve land and also to ensure maximal use of
land. It will be responsible approving housing design proposed for resettlement
The Ministry of Finance the Ministry of Finance and Economic Affairs is the agency that
manages the central government’s budget. The Finance Ministry is responsible for releasing
money through the central bank for the compensation of persons affected by compulsory land
acquisition.
The Attorney General’s Chambers is a mechanism for redress incase of any grievances that
are not arbitrated/resolved at district level. Persons who are not satisfied with compensation due
them are empowered by the Constitution to seek redress in the court of law. The AG’s Chambers
represents the government in the court’s proceedings in such instances. The AG’s Chambers is
also responsible for drafting the Executive Instrument for acquiring the land as needed for the
projects.
The National Agency for Legal Aid (NALA) the NALA is the dedicated administrator of legal
aid in The Gambia created in 2008. The agency is responsible for receiving and reviewing legal
aid applications, ensuring that those who cannot afford the services of lawyers get legal
representation at no charge (Institute for Human Rights and Development in Africa (IHRDA,
2012). In instance where a person is not satisfied with compensation due him/her and cannot
afford the cost of a lawyer in a court of law, is empowered by the Legal aid act (2008) to apply
for legal aid and get representation at no charges.
None Governmental Organization (NGOs) the NGOs will take part in monitoring the
implementation of the resettlement activities and those with expertise and mandate on budget
tracking will track the project budget. They will also conduct researched and PAPs satisfaction.
Grievances Redress Mechanisms. A grievance response mechanism is necessary for the project to address genuine individual and
or collective concerns. The grievances redress mechanism is a proactive and reassuring measure
to those who may consider themselves deprived of just treatment under the project.
27
The Bank’s OP 4.12 on Involuntary Land Acquisition and Resettlement (Annex 6) requires that
affordable and accessible procedures for third party settlement of disputes arising from
resettlement (i.e., grievance redress mechanisms) be made available. This Grievance Redress
Mechanism (GRM) should take into account the availability of judicial recourse as well as
traditional and community dispute resolution mechanisms.
The mechanism will be developed by the Project Coordination Unit (PCU) and would look at:
Potential Sources of Grievance/Disputes
The potential grievances and disputes may be related to:
(i) Inventory mistakes made during census survey as well as inadequate valuation of properties.
(ii) Disagreements on plot/asset valuation
(iii) Mistakes related to identification and disagreements on boundaries between affected
individual(s) and specifying their land parcels and associated development.
(iv) Family/community issues resulting into ownership dispute
(v) Inheritance issues resulting to ownership issues
(vi) Land acquired by more than one person, both of whom have some forms of documentation
to prove ownership
(vi)Where affected individual(s) are not in agreement/happy with the compensation and
resettlement operations
Proposed Grievance Management and Redress Mechanism
In response to grievance, the following mechanisms will be used
Administrative Mechanism: The RAP will outline procedures to handle grievances. As an
initial step the person affected report his/her grievances to the District Authority which is
responsible for land administration at the provincial level. If the matter cannot be resolved at that
level then a formal report could be made to the PCU by the Person concern or his/her
representative. The PCU shall immediately
(a) Receive and register/record the complaints,
(b) Verification of complaints
(c) Open a case file
(d) Creating various forms of documenting grievances such as verbal, writing,
photographic, audio visual means of lodging and recording complaints
(e) Designate a focal point/committee responsible to deal with grievances
(f) Establishing grievances referral systems and levels
(g) Putting in place time frame to address the documented grievances.
(h) Monitoring and evaluation of the grievance response mechanism- frequencies,
indicators, responsibilities, costs,
A grievances committee will be formed that include at least three people from the PCU
including the project manager and financial controller, one legal person, one person from the
NGO sector, one lands administrative expert and a representative of PAP. The committee will be
chaired by the project manager who will receive and record all complaints with assistance from a
personnel manager/sectretary and then sermon meetings and make consultation as much as
necessary with relevant entity/ies find an agreement acceptable to the PAP. However, if the PAP
28
is not in agreement with the solution provided at this level. The next level of seeking redress is
the law court.
The Law Courts The Supreme Court is the highest level of appeal and therefore its decision in
resolving grievances is final within the Gambia. Rulings at Supreme Court level is rarely
invoked as most of the affected people are generally satisfied with the administrative responses.
In some cases the PAP are able to negotiate for acceptable awards
5.3 Supervision and Monitoring
The objective of supervision and monitoring is to make assure compliance with national law and
WB OP4.12, to identify and correct issues/problems as early as possible so that implementation
arrangements if any can be adjusted and improved without delays. Resettlement impacts affects
people’s lives directly, and since poor implementation can result in project delays, developing a
practical monitoring system is essential for the success of the project. The monitoring system
envisaged under this project will primarily involve the systematic use of information to
determine the extent to which plans are being implemented effectively. This will involve regular
file visits/checks and reporting within the project. The institutional arrangements,
for monitoring are that PIU will bear the overall responsibility whereas the RC which includes
representative of PAPs will do the day to checks, observations and regular reporting. The Bank
will be involved in monitoring through project supervision and reports coming to the Bank. The
Bank will also be engaged in spot checks and verification of data as and when necessary. The
elements of the monitoring system will include data gathering affecting RAP implementation
including on:
(i) Procurement and physical good deliver
(ii). Use of structures and services by the community
(iii) Measurement of output indicators such as productivity gains etc. The sources of information
could include but is not limited to internal, monthly or quarterly program and financial reporting;
diagnostic studies and other special studies; contact and interviews with project affected people.
Process Parameters for Monitoring:
-Proper documentation and record keeping,
- Efficient and timely delivery of RAP provisions to PAPs,
- Monitoring the consultation process,
- including ensuring that sex disaggregated data is provided,
-The announcements should be arranged in two official newspapers and on public areas
-Announcement of land acquisition plans by the proposed project, in particular announcing such
plans for plots which their owners could not be either identified or contacted,
-Number of consultation activities accomplish and those not carried out, variance explanations, -
-Disclosure of RAP grievance procedures and contact details
-Availability of the RAP implementation to respond to PAPs grievances
-Accidental and/or planned damages and impacts to properties and assets caused by the
construction activities including those not accounted for in the RAP
-Level of coordination and collaboration with respective governmental and nongovernmental
Organizations including CC meetings
-Presence and participation of the PAPs in meetings and negotiations related to RAP
-Grievances handling, recording and reporting and timeliness of response
29
Results parameters
-Number of PAPs consulted disaggregated by agreements ratification status, type of involuntary
resettlement, consultation date and sex (male/female)
-Number of PAPs who received their compensations and who were subject to RAP measures
-Timely advancement of compensations
- Number and details of grievances by respective PAPs disaggregated by grievance
category, date receiving, package area and gender.
-Number of grievances filed at court, and court decision and cost implications or court decision
on the PAP or Project ,
-Number of resolutions of redress grievances and if timely resolved
-level of Compliance with the RAP implementation time schedule (low, medium or high) levels
to be find later
- Financial variance between reached agreements with PAPs and the estimated budget for
-RAP implementation reported for the whole RAP, and disaggregated on case-by-case
Basis
External monitoring will be carried out by the National Environment Agency (NEA). NGOs,
that might be contracted and the World Bank supervision missions.
Evaluation An evaluation will be done to determine whether the efforts to restore the livelihoods
and living standards of the PAPs have been properly designed and executed. The evaluation will
generally assess compliance with the provisions of RAP and law and policies the country and the
Bank. It will assess accountability commitments such as consultation procedures, fair, adequate
and prompt compensation, the impact of the compensation on income and standard of living, best
practices and lessons learnt. Table 6 below describe the M &E Indicators for RAP
Table 6 Verifiable indicators
MONITORING EVALUATION
Number of outstanding compensation or
resettlement contracts not completed before
next agricultural season
Number of outstanding individual
compensation or resettlement contracts
Number of communities/subprojects unable to
access village-level compensation after two
years.
Number of outstanding village
compensation contracts.
Number of Grievances recognized as
legitimate out of all complaints lodged
All legitimate grievances rectified
Pre- project production and income (year
before land used) versus present production
and income of re-settlers, off-farm-income
trainees, and users of improved mining or
agricultural techniques
Affected individuals and/or households
compensated or resettled in first year who
have maintained their previous standard of
living at final evaluation
Pre- project production versus present
production (crop for crop, land for land).
Equal or improved production per
household.
Pre-project income of vulnerable
individuals identified versus present
income of vulnerable groups
Higher post- project income of vulnerable
individuals.
30
6. Public participation and consultation
Consultations on the Preparatory Processes
The documents on the resettlement process has been discussed at the preparatory stage during the
community consultation and validation workshop (see annex 7) for the views of the stakeholders
and once the documents are finalized they will be made available to the general public to ensure
as wide publicity as possible.
Consultations on the Resettlement Policy Framework
As provided under World Bank policy OP. 4.12 information and consultation on the GCVMP
Resettlement Policy Framework shall be organized as follows:
(i) Organize a validation workshop for all relevant stakeholders for comments which was done
(ii) Share with the World Bank for comments
(iii) Incorporation of stakeholders and World Bank comments
Consultation on the Resettlement Action Plan (RAP)
Consultation with the public on the entire process of resettlement is essential as it offers
the affected persons an opportunity to participate and contribute to both design and
implementation of the project activities. Public participatory consultation will be done through
stakeholders’ meetings and workshop at suitable locations such at the “bantaba”, and the official
residence or offices of the local leaders. The information will be made to each household on
entitlement eligibility criteria, modes of compensation complaints and grievances resolution
procedures.
Disclosure Requirements
The document for the Resettlement Action Plan when completed will be widely disclosed.
Methods for the disclosure of the document will include:
(i) Distribution of as many copies as possible to different institutions and communities for
comments and suggestions.
(ii) Distribution to individuals and representative persons like Members of the National
Assembly (NAMs), Regional Governors, Village Councilors, Village Development Committee
members etc.
(iii) Conducting meetings to discussion the plan. The meetings will be conducted at the places
where the resettlement will take place.
(iv) An executive summary of the RPF and of any RAP will be made available in the local
languages.
(v) The Government will also authorize dissemination of this document through the World
Bank’s Info- Shop.
31
7. Costs and Budgets
Resettlement activities in will be the sole responsibility of the Government of The Gambia,
which can be financed through a number of arrangements including the government budget, and
loans borrowed from the domestic market by government..
At this stage, it is not possible to estimate the exact number of people who may be affected since
the technical designs/details have not yet been developed and total land needs particularly new
lands have not yet been identified. When these locations are known, and after the conclusion of
the site specific socioeconomic study, information on specific impacts, individual and household
incomes and numbers of affected people and other demographic data will be available, which
will facilitate the preparation of a detailed and accurate budget for each RAP. The following
assets will need to be identified:
(i).What are the lands impacted or needed for project purposes
(ii).Housing or other physical structures impacted (title or other evidence of valid claims to
land and property rights; plot dimensions, built area of each structure, construction materials for
all structures and infrastructure);
(iii).Businesses (evidence of valid claims to land and property rights; plot dimensions, built
area of each structure, construction materials for all structures and other improvements etc)
(iv). Farming or agricultural impacts (area cropped, cropping patterns, area to be taken, cropping
pattern, field estimate of crops and trees to be taken);
(v) Vegetable gardens (evidence of valid claims to land and property rights, plot dimensions,
number and type of plants or area of crop), if available;
(vi)Trees (by species and maturity); and other infrastructure or investments (e.g., fences, wells,
boreholes). Annex 8 is a proposed budget template for the RAP.
32
ANNEXES
Annex 1 OP 4.12 - Involuntary Resettlement can be can be found on the Bank’s
website at www.worldbank.org.
Bank1 experience indicates that involuntary resettlement under development projects, if
unmitigated, often gives rise to severe economic, social, and environmental risks: production
systems are dismantled; people face impoverishment when their productive assets or income
sources are lost; people are relocated to environments where their productive skills may be less
applicable and the competition for resources greater; community institutions and social networks
are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the
potential for mutual help are diminished or lost. This policy includes safeguards to address and
mitigate these impoverishment risks.
Policy Objectives
2. Involuntary resettlement may cause severe long-term hardship, impoverishment, and
environmental damage unless appropriate measures are carefully planned and carried out. For
these reasons, the overall objectives of the Bank's policy on involuntary resettlement are the
following:
(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable
alternative project designs.2
(b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and
executed as sustainable development programs, providing sufficient investment resources to
enable the persons displaced by the project to share in project benefits. Displaced persons3
should be meaningfully consulted and should have opportunities to participate in planning and
implementing resettlement programs.
(c) Displaced persons should be assisted in their efforts to improve their livelihoods and
standards of living or at least to restore them, in real terms, to pre-displacement levels or to
levels prevailing prior to the beginning of project implementation, whichever is higher.4
Impacts Covered
33
3 . This policy covers direct economic and social impacts5 that both result from Bank-assisted
investment projects,6 and are caused by
(a) the involuntary7 taking of land
8 resulting in
(i) relocation or loss of shelter;
(ii) lost of assets or access to assets; or
(iii) loss of income sources or means of livelihood, whether or not the affected persons must
move to another location; or
(b) the involuntary restriction of access9 to legally designated parks and protected areas resulting
in adverse impacts on the livelihoods of the displaced persons.
4. This policy applies to all components of the project that result in involuntary resettlement,
regardless of the source of financing. It also applies to other activities resulting in involuntary
resettlement, that in the judgment of the Bank, are
(a) directly and significantly related to the Bank-assisted project,
(b) necessary to achieve its objectives as set forth in the project documents; and
(c) carried out, or planned to be carried out, contemporaneously with the project.
5. Requests for guidance on the application and scope of this policy should be addressed to the
Resettlement Committee (see BP 4.12, para. 7).10
Required Measures
6. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a
resettlement plan or a resettlement policy framework (see paras. 25-30) that covers the
following:
34
(a) The resettlement plan or resettlement policy framework includes measures to ensure that the
displaced persons are
(i) informed about their options and rights pertaining to resettlement;
(ii) consulted on, offered choices among, and provided with technically and economically
feasible resettlement alternatives; and
(iii) provided prompt and effective compensation at full replacement cost11
for losses of assets12
attributable directly to the project.
(b) If the impacts include physical relocation, the resettlement plan or resettlement policy
framework includes measures to ensure that the displaced persons are
(i) provided assistance (such as moving allowances) during relocation; and
(ii) provided with residential housing, or housing sites, or, as required, agricultural sites for
which a combination of productive potential, locational advantages, and other factors is at least
equivalent to the advantages of the old site.13
(c) Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement
policy framework also include measures to ensure that displaced persons are
(i) offered support after displacement, for a transition period, based on a reasonable estimate of
the time likely to be needed to restore their livelihood and standards of living;14
and
(ii) provided with development assistance in addition to compensation measures described in
paragraph 6(a);
(iii) such as land preparation, credit facilities, training, or job opportunities.
7. In projects involving involuntary restriction of access to legally designated parks and protected
areas (see para. 3(b)), the nature of restrictions, as well as the type of measures necessary to
mitigate adverse impacts, is determined with the participation of the displaced persons during the
design and implementation of the project. In such cases, the borrower prepares a process
framework acceptable to the Bank, describing the participatory process by which
35
(a) specific components of the project will be prepared and implemented;
(b) the criteria for eligibility of displaced persons will be determined;
(c) measures to assist the displaced persons in their efforts to improve their livelihoods, or at
least to restore them, in real terms, while maintaining the sustainability of the park or protected
area, will be identified; and
(d) potential conflicts involving displaced persons will be resolved.
The process framework also includes a description of the arrangements for implementing and
monitoring the process.
8. To achieve the objectives of this policy, particular attention is paid to the needs of vulnerable
groups among those displaced, especially those below the poverty line, the landless, the elderly,
women and children, indigenous peoples,15
ethnic minorities, or other displaced persons who
may not be protected through national land compensation legislation.
9. Bank experience has shown that resettlement of indigenous peoples with traditional land-
based modes of production is particularly complex and may have significant adverse impacts on
their identity and cultural survival. For this reason, the Bank satisfies itself that the borrower has
explored all viable alternative project designs to avoid physical displacement of these groups.
When it is not feasible to avoid such displacement, preference is given to land-based resettlement
strategies for these groups (see para. 11) that are compatible with their cultural preferences and
are prepared in consultation with them (see Annex A, para. 11).
10. The implementation of resettlement activities is linked to the implementation of the
investment component of the project to ensure that displacement or restriction of access does not
occur before necessary measures for resettlement are in place. For impacts covered in para. 3(a)
of this policy, these measures include provision of compensation and of other assistance required
for relocation, prior to displacement, and preparation and provision of resettlement sites with
adequate facilities, where required. In particular, taking of land and related assets may take place
only after compensation has been paid and, where applicable, resettlement sites and moving
allowances have been provided to the displaced persons. For impacts covered in para. 3(b) of this
policy, the measures to assist the displaced persons are implemented in accordance with the plan
of action as part of the project (see para. 30).16
11. Preference should be given to land-based resettlement strategies for displaced persons whose
livelihoods are land-based. These strategies may include resettlement on public land (see
footnote 1 above), or on private land acquired or purchased for resettlement. Whenever
replacement land is offered, resettlers are provided with land for which a combination of
productive potential, locational advantages, and other factors is at least equivalent to the
advantages of the land taken. If land is not the preferred option of the displaced persons, the
36
provision of land would adversely affect the sustainability of a park or protected area,17
or
sufficient land is not available at a reasonable price, non-land-based options built around
opportunities for employment or self-employment should be provided in addition to cash
compensation for land and other assets lost. The lack of adequate land must be demonstrated and
documented to the satisfaction of the Bank.
12. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are
land-based but the land taken for the project is a small fraction18
of the affected asset and the
residual is economically viable; (b) active markets for land, housing, and labor exist, displaced
persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods
are not land-based. Cash compensation levels should be sufficient to replace the lost land and
other assets at full replacement cost in local markets.
13. For impacts covered under para. 3(a) of this policy, the Bank also requires the following:
(a) Displaced persons and their communities, and any host communities receiving them, are
provided timely and relevant information, consulted on resettlement options, and offered
opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate
and accessible grievance mechanisms are established for these groups.
(b) In new resettlement sites or host communities, infrastructure and public services are provided
as necessary to improve, restore, or maintain accessibility and levels of service for the displaced
persons and host communities. Alternative or similar resources are provided to compensate for
the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder).
(c) Patterns of community organization appropriate to the new circumstances are based on
choices made by the displaced persons. To the extent possible, the existing social and cultural
institutions of resettlers and any host communities are preserved and resettlers' preferences with
respect to relocating in preexisting communities and groups are honored.
Eligibility for Benefits19
14. Upon identification of the need for involuntary resettlement in a project, the borrower carries
out a census to identify the persons who will be affected by the project (see the Annex A, para.
6(a)), to determine who will be eligible for assistance, and to discourage inflow of people
ineligible for assistance. The borrower also develops a procedure, satisfactory to the Bank, for
establishing the criteria by which displaced persons will be deemed eligible for compensation
and other resettlement assistance. The procedure includes provisions for meaningful
37
consultations with affected persons and communities, local authorities, and, as appropriate,
nongovernmental organizations (NGOs), and it specifies grievance mechanisms.
15. Criteria for Eligibility. Displaced persons may be classified in one of the following three
groups:
(a) those who have formal legal rights to land (including customary and traditional rights
recognized under the laws of the country);
(b) those who do not have formal legal rights to land at the time the census begins but have a
claim to such land or assets--provided that such claims are recognized under the laws of the
country or become recognized through a process identified in the resettlement plan (see Annex
A, para. 7(f)); and20
(c) those who have no recognizable legal right or claim to the land they are occupying.
16. Persons covered under para. 15(a) and (b) are provided compensation for the land they lose,
and other assistance in accordance with para. 6. Persons covered under para. 15(c) are provided
resettlement assistance21
in lieu of compensation for the land they occupy, and other assistance,
as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior
to a cut-off date established by the borrower and acceptable to the Bank.22
Persons who encroach
on the area after the cut-off date are not entitled to compensation or any other form of
resettlement assistance. All persons included in para. 15(a), (b), or (c) are provided compensation
for loss of assets other than land.
Resettlement Planning, Implementation, and Monitoring
17. To achieve the objectives of this policy, different planning instruments are used, depending
on the type of project:
(a) a resettlement plan or abbreviated resettlement plan is required for all operations that entail
involuntary resettlement unless otherwise specified (see para. 25 and Annex A);
(b) a resettlement policy framework is required for operations referred to in paras. 26-30 that
may entail involuntary resettlement, unless otherwise specified (see Annex A; and
(c) a process framework is prepared for projects involving restriction of access in accordance
with para. 3(b) (see para. 31).
38
18. The borrower is responsible for preparing, implementing, and monitoring a resettlement plan,
a resettlement policy framework, or a process framework (the "resettlement instruments"), as
appropriate, that conform to this policy. The resettlement instrument presents a strategy for
achieving the objectives of the policy and covers all aspects of the proposed resettlement.
Borrower commitment to, and capacity for, undertaking successful resettlement is a key
determinant of Bank involvement in a project.
19. Resettlement planning includes early screening, scoping of key issues, the choice of
resettlement instrument, and the information required to prepare the resettlement component or
subcomponent. The scope and level of detail of the resettlement instruments vary with the
magnitude and complexity of resettlement. In preparing the resettlement component, the
borrower draws on appropriate social, technical, and legal expertise and on relevant community-
based organizations and NGOs.23
The borrower informs potentially displaced persons at an early
stage about the resettlement aspects of the project and takes their views into account in project
design.
20. The full costs of resettlement activities necessary to achieve the objectives of the project are
included in the total costs of the project. The costs of resettlement, like the costs of other project
activities, are treated as a charge against the economic benefits of the project; and any net
benefits to resettlers (as compared to the "without-project" circumstances) are added to the
benefits stream of the project. Resettlement components or free-standing resettlement projects
need not be economically viable on their own, but they should be cost-effective.
21. The borrower ensures that the Project Implementation Plan is fully consistent with the
resettlement instrument.
22. As a condition of appraisal of projects involving resettlement, the borrower provides the
Bank with the relevant draft resettlement instrument which conforms to this policy, and makes it
available at a place accessible to displaced persons and local NGOs, in a form, manner, and
language that are understandable to them. Once the Bank accepts this instrument as providing an
adequate basis for project appraisal, the Bank makes it available to the public through its
InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the
borrower disclose it again in the same manner.24
23. The borrower's obligations to carry out the resettlement instrument and to keep the Bank
informed of implementation progress are provided for in the legal agreements for the project.
24. The borrower is responsible for adequate monitoring and evaluation of the activities set forth
in the resettlement instrument. The Bank regularly supervises resettlement implementation to
determine compliance with the resettlement instrument. Upon completion of the project, the
borrower undertakes an assessment to determine whether the objectives of the resettlement
39
instrument have been achieved. The assessment takes into account the baseline conditions and
the results of resettlement monitoring. If the assessment reveals that these objectives may not be
realized, the borrower should propose follow-up measures that may serve as the basis for
continued Bank supervision, as the Bank deems appropriate (see also BP 4.12, para. 16).
Resettlement Instruments
Resettlement Plan
25. A draft resettlement plan that conforms to this policy is a condition of appraisal (see Annex
A, para. 2-21) for projects referred to in para. 17(a) above.25
However, where impacts on the
entire displaced population are minor,26
or fewer than 200 people are displaced, an abbreviated
resettlement plan may be agreed with the borrower (see Annex A, para. 22). The information
disclosure procedures set forth in para. 22 apply.
Resettlement Policy Framework
26. For sector investment operations that may involve involuntary resettlement, the Bank
requires that the project implementing agency screen subprojects to be financed by the Bank to
ensure their consistency with this OP. For these operations, the borrower submits, prior to
appraisal, a resettlement policy framework that conforms to this policy (see Annex A, paras. 23-
25). The framework also estimates, to the extent feasible, the total population to be displaced and
the overall resettlement costs.
27. For financial intermediary operations that may involve involuntary resettlement, the Bank
requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to
ensure their consistency with this OP. For these operations, the Bank requires that before
appraisal the borrower or the FI submit to the Bank a resettlement policy framework conforming
to this policy (see Annex A, paras. 23-25). In addition, the framework includes an assessment of
the institutional capacity and procedures of each of the FIs that will be responsible for subproject
financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects
to be financed by the FI, a resettlement policy framework is not required. Instead, the legal
agreements specify the obligation of the FIs to obtain from the potential subborrowers a
resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all
subprojects involving resettlement, the resettlement plan is provided to the Bank for approval
before the subproject is accepted for Bank financing.
28. For other Bank-assisted project with multiple subprojects27
that may involve involuntary
resettlement, the Bank requires that a draft resettlement plan conforming to this policy be
40
submitted to the Bank before appraisal of the project unless, because of the nature and design of
the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot
be determined, or (b) the zone of impact is known but precise sitting alignments cannot be
determined. In such cases, the borrower submits a resettlement policy framework consistent with
this policy prior to appraisal (see Annex A, paras. 23-25). For other subprojects that do not fall
within the above criteria, a resettlement plan conforming to this policy is required prior to
appraisal.
29. For each subproject included in a project described in para. 26, 27, or 28 that may involve
resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated
resettlement plan that is consistent with the provisions of the policy framework be submitted to
the Bank for approval before the subproject is accepted for Bank financing.
30. For projects described in paras. 26-28 above, the Bank may agree, in writing, that subproject
resettlement plans may be approved by the project implementing agency or a responsible
government agency or financial intermediary without prior Bank review, if that agency has
demonstrated adequate institutional capacity to review resettlement plans and ensure their
consistency with this policy. Any such delegation, and appropriate remedies for the entity's
approval of resettlement plans found not to be in compliance with Bank policy, are provided for
in the legal agreements for the project. In all such cases, implementation of the resettlement
plans is subject to ex post review by the Bank.
Process Framework
31. For projects involving restriction of access in accordance with para. 3(b) above, the borrower
provides the Bank with a draft process framework that conforms to the relevant provisions of this
policy as a condition of appraisal. In addition, during project implementation and before to
enforcing of the restriction, the borrower prepares a plan of action, acceptable to the Bank,
describing the specific measures to be undertaken to assist the displaced persons and the
arrangements for their implementation. The plan of action could take the form of a natural
resources management plan prepared for the project.
Assistance to the Borrower
32. In furtherance of the objectives of this policy, the Bank may at a borrower's request support
the borrower and other concerned entities by providing
(a) assistance to assess and strengthen resettlement policies, strategies, legal frameworks, and
specific plans at a country, regional, or sectoral level;
(b) financing of technical assistance to strengthen the capacities of agencies responsible for
resettlement, or of affected people to participate more effectively in resettlement operations;
(c) financing of technical assistance for developing resettlement policies, strategies, and specific
plans, and for implementation, monitoring, and evaluation of resettlement activities; and
41
(d) financing of the investment costs of resettlement.
33. The Bank may finance either a component of the main investment causing displacement and
requiring resettlement, or a free-standing resettlement project with appropriate cross-
conditionalities, processed and implemented in parallel with the investment that causes the
displacement. The Bank may finance resettlement even though it is not financing the main
investment that makes resettlement necessary.
____________
1. "Bank" includes IBRD and IDA; "loans" includes IDA credits and IDA grants,
guarantees, Project Preparation Facility (PPF) advances and grants; and "projects"
includes projects under (a) PPFs advances and Institutional Development Fund (IDF)
grants, if they include investment activities; (b) grants under the Global Environment
Facility and Montreal Protocol, for which the Bank is the implementing/executing
agency; and (c) grants or loans provided by other donors that are administered by the
Bank. The term "project" does not include programs supported by Development Policy
Lending (for which the environmental provisions are set out in OP/BP 8.60, Development
Policy Lending), or by Program-for-Results Financing (for which environmental
provisions are set out in OP/BP 9.00, Program-for-Results Financing. "Borrower" also
includes, wherever the context requires, the guarantor or the project implementing
agency.
2. In devising approaches to resettlement in Bank-assisted projects, other Bank policies
should be taken into account, as relevant. These policies include OP 4.01, Environmental
Assessment, OP 4.04, Natural Habitats, OP 4.10, Indigenous Peoples, and OP
4.11, Physical Cultural Resources.
3. The term "displaced persons" refers to persons who are affected in any of the ways
described in para. 3 of this OP.
4. Displaced persons under para. 3(b) should be assisted in their efforts to improve or
restore their livelihoods in a manner that maintains the sustainability of the parks and
protected areas.
5. Where there are adverse indirect social or economic impacts, it is good practice for the
borrower to undertake a social assessment and implement measures to minimize and
mitigate adverse economic and social impacts, particularly upon poor and vulnerable
groups. Other environmental, social, and economic impacts that do not result from land
42
taking may be identified and addressed through environmental assessments and other
project reports and instruments.
6. This policy does not apply to restrictions of access to natural resources under community-
based projects, i.e. where the community using the resources decides to restrict access to
these resources, provided that an assessment satisfactory to the Bank establishes that the
community decision-making process is adequate, and that it provides for identification of
appropriate measures to mitigate adverse impacts, if any, on the vulnerable members of
the community. This policy also does not cover refugees from natural disasters, war, or
civil strife (see OP 8.00, Rapid Response to Crises and Emergencies).
7. For the puRAPoses of this policy, "involuntary" means actions that may be taken without
the displaced person's informed consent or power of choice.
8. "Land" includes anything growing on or permanently affixed to land, such as buildings
and crops. This policy does not apply to regulations of natural resources on a national or
regional level to promote their sustainability, such as watershed management,
groundwater management, fisheries management, etc. The policy also does not apply to
disputes between private parties in land titling projects, although it is good practice for
the borrower to undertake a social assessment and implement measures to minimize and
mitigate adverse social impacts, especially those affecting poor and vulnerable groups.
9. For the puRAPoses of this policy, involuntary restriction of access covers restrictions on
the use of resources imposed on people living outside the park or protected area, or on
those who continue living inside the park or protected area during and after project
implementation. In cases where new parks and protected areas are created as part of the
project, persons who lose shelter, land, or other assets are covered under para. 3(a).
Persons who lose shelter in existing parks and protected areas are also covered under
para. 3(a).
10. The Involuntary Resettlement Sourcebook provides good practice guidance to staff on the
policy.
11. "Replacement cost" is the method of valuation of assets that helps determine the amount
sufficient to replace lost assets and cover transaction costs. In applying this method of
valuation, depreciation of structures and assets should not be taken into account (for a
detailed definition of replacement cost, see Annex A, footnote 1). For losses that cannot
easily be valued or compensated for in monetary terms (e.g., access to public services,
customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to
43
establish access to equivalent and culturally acceptable resources and earning
opportunities. Where domestic law does not meet the standard of compensation at full
replacement cost, compensation under domestic law is supplemented by additional
measures necessary to meet the replacement cost standard. Such additional assistance is
distinct from resettlement assistance to be provided under other clauses of para. 6.
12. If the residual of the asset being taken is not economically viable, compensation and
other resettlement assistance are provided as if the entire asset had been taken.
13. The alternative assets are provided with adequate tenure arrangements. The cost of
alternative residential housing, housing sites, business premises, and agricultural sites to
be provided can be set off against all or part of the compensation payable for the
corresponding asset lost.
14. Such support could take the form of short-term jobs, subsistence support, salary
maintenance or similar arrangements.
15. See OP 4.10, Indigenous Peoples.
16. Where the borrower has offered to pay compensation to an affected person in accordance
with an approved resettlement plan, but the offer has been rejected, the taking of land and
related assets may only proceed if the borrower has deposited funds equal to the offered
amount plus 10 percent in a secure form of escrow or other interest-bearing deposit
acceptable to the Bank, and has provided a means satisfactory to the Bank for resolving
the dispute concerning said offer of compensation in a timely and equitable manner.
17. See OP 4.04, Natural Habitats.
18. As a general principle, this applies if the land taken constitutes less than 20% of the total
productive area.
19. Paras. 13-15 do not apply to impacts covered under para. 3(b) of this policy. The
eligibility criteria for displaced persons under 3 (b) are covered under the process
framework (see paras. 7 and 30).
20. Such claims could be derived from adverse possession, from continued possession of
public lands without government action for eviction (that is, with the implicit leave of the
government), or from customary and traditional law and usage, and so on.
44
21. Resettlement assistance may consist of land, other assets, cash, employment, and so on,
as appropriate.
22. Normally, this cut-off date is the date the census begins. The cut-off date could also be
the date the project area was delineated, prior to the census, provided that there has been
an effective public dissemination of information on the area delineated, and systematic
and continuous dissemination subsequent to the delineation to prevent further population
influx.
23. For projects that are highly risky or contentious, or that involve significant and complex
resettlement activities, the borrower should normally engage an advisory panel of
independent, internationally recognized resettlement specialists to advise on all aspects of
the project relevant to the resettlement activities. The size, role, and frequency of meeting
depend on the complexity of the resettlement. If independent technical advisory panels
are established under OP 4.01, Environmental Assessment, the resettlement panel may
form part of the environmental panel of experts.
24. See The World Bank Policy on Access to Information, para. 34 (Washington,
D.C.: World Bank, 2002).
25. An exception to this requirement may be made in highly unusual circumstances (such as
emergency operations) with the approval of Bank Management (see BP 4.12, para. 8). In
such cases, the Management's approval stipulates a timetable and budget for developing
the resettlement plan.
26. Impacts are considered "minor" if the affected people are not physically displaced and
less than 10 percent of their productive assets are lost.
27. For the puRAPose of this paragraph, the term "subprojects" includes components and subcomponents
45
Annex 2 TOR Resettlement Policy Framework (RPF)
1. Introduction and Project Description
The Government of The Gambia has requested funds for the implementation of the Commercial
Agriculture and Value Chain Management Project. The proposed project would aim to improve
production systems and access to market of targeted agricultural commodities. The project would
have three components: (A) Strengthening key rural infrastructure; (B) Support Agricultural
production and market access; and (C) Institutional support and project Coordination.
Component A: Strengthening Key Rural Infrastructure. The component’s objective is to
improve the country’s resilience to climatic shocks through the construction, rehabilitation and
maintenance of basic irrigation infrastructure and required management systems for enhanced
local grain rice production. Eligible infrastructure would be basic infrastructure related to tidal
irrigation development as well as groundwater extraction and distribution systems. The
component would also support the development of drip irrigation systems as well as other low
cost alternatives such as “semi-Californian” technology (low pressure pipe networks) which have
been successful in other countries, to support horticulture production. Through Public Private
Partnerships (PPPs) the project would help smallholders, small and medium enterprises (SME),
and agribusiness enterprises establish tidal irrigation schemes. The project may complement new
investors' capital with grants set at different levels to support consultants' services, civil works,
and irrigation equipment. It would also support technical advisory services to ensure the
viability of the schemes. It would also seek to leverage private sector investment through public-
private partnerships and viable productive alliance with targeted beneficiaries, including
producers, agro-processors and other relevant small and medium agribusiness enterprises to
increase domestic production and milling capacities for high-quality rice for urban markets. This
would be essential for connecting farmers to markets
1. The scope of works eligible for support and the selection of specific tidal areas would be
carried out after more elaborate technical studies and economic and financial viability
assessments have been conducted in addition to the environmental and social studies of the area
to be developed. A Menu of Options would be developed during the project preparation process.
Annex 1 presents the basic principles for the construction/rehabilitation of tidal schemes and
selection of projects sites. It is expected that a large share of the project funds would go to
rehabilitation and maintenance Irrigations systems. .
2. Component B: Support to agricultural production and access to markets (the
development of value chains). The objective of this component is to improve smallholder
productivity and increase market access and market efficiency for the identified value chains to
promote smallholder commercialization. The component would provide support for enhanced
domestic production, processing, linking producers to markets, and strengthening value chains of
the target commodities. These investments would cover specific aspects of the targeted
commodities (at production, post-harvest and storage, processing and marketing levels), and
focus on the integration of activities across different stages of the value chains. The Component
would also improve technical and organizational capacities producer organizations in targeted
commodities, through advisory support and training. Positive and visible developments in
46
improving market access are expected to provide major incentives to farmers for increased
production. It would leverage support from existing interventions as the West Africa Agricultural
Productivity Program (WAAPP) and the Gambia Emergency Agricultural Production Support to
enhance the producers’ access to improved technologies (including climate-smart technologies)
which increase productivity and competitiveness. Assistance provided would include support for
the establishment of sustainable services supply models that could include the establishment of
agri-business centers to provide essential services and inputs to smallholder rice farmers in
viable and sustainable productive alliances. Annex 2 presents basic principles and models of
productive alliances that would be explored and tuned up. Envisaged technology transfer and
extension activities would also cover relevant nutrition education and where possible promote
bio-fortified crop varieties.
Component C: Project Management and Coordination. Project management and
coordination would largely rely on existing Government institutions and structures and capacities
build under the CPCU. The component would fund costs associated with: project management
and coordination; relevant technical assistance; project monitoring and evaluation; consultancy
services; communication and training; equipment and vehicles; and incremental operating cost.
The activities to be undertaken under Component A have triggered a number of World Bank
Safeguard policies including OP4.12 on involuntary resettlement. This means that the project is
likely to have impacts on land access, restriction of access to assets, displacement and loss of
livelihood among others. Initial reviews indicate that the project can generate positive social,
environmental and economic impacts. In spite of these potential positive impacts, there is also
the recognition of potential negative impacts which calls for appropriate mitigation measures and
institutional arrangements to implement the measures.
To ensure that the project either completely avoids or minimize such negative impacts as per
World Bank requirement for safeguards, the Government of Ghana is required to prepare a
Resettlement Policy Framework (RPF). This Terms of Reference (TOR) is developed to guide
the preparation of the RPF.
2. Objective for the Assignment
The objective for the RPF is to set out the policies, principles, institutional arrangements,
schedules and indicative budgets that will take care of anticipated resettlements. These
arrangements are also to ensure that there is a systematic process (as against an hoc one) to guide
the different stages of the implementation of the measures outlined in the framework. This
process shall also consider the participation of affected persons, involvement of relevant
institutions and stakeholders, adherence to both World Bank and Government policies,
procedures and requirements; and shall delineate compensation for affected persons.
The consultant shall be guided by these considerations. The RPF shall serve as a guide for the
development of a resettlement action plan (RAP) should this be required after assessment of
locations and specific subproject activities.
3. Specific Requirements of the RPF
47
The preparation of this RPF should follow the requirements of the World Bank’s policy on
Involuntary Resettlement, OP4.12. The RPF shall also make reference to Government of
Ghana’s legal and institutional requirements. Any identified gaps between these two
requirements are to be clearly captured. The consultant shall explain how these gaps will be
filled, and which one shall take precedence over what and why.
4. Scope of Assignment
The assignment by the consultant shall cover the following key areas. Other areas considered
relevant may be described by the consultant if needed. The consultant shall undertake the
following tasks:
i. Project Description. Provide a brief description of the project to place the RPF in the
right context. This would include a summary of the background to the project and the
components. Most importantly, the consultant shall identify the possible resettlement
issues that each component and subcomponents are likely to generate and for which
reason this RPF is being developed.
ii. Country Legal and Institutional Guidelines and Requirements. Review the national
laws governing land take and other assets. S/he shall also look at the various land
tenure and ownership systems in Ghana, the different legal instruments regarding
government and individual acquisitions, resettlement and compensation policies. The
consultant shall also describe any discrepancies identified in the different legal
instruments and identify the institutions associated with these legal instruments and
their respective roles from the national to the local level. The institutional
arrangement will include implementation and monitoring mechanisms that ensure
inclusiveness and participation of all affected people, groups and communities.
iii. World Bank Safeguards Policies. Spell out the World Bank’s policy on Involuntary
Resettlement OP 4.12 and assess how this applies in the specific case of the
GCAVMP. Attention shall be paid and documented on the difference(s) between the
Bank’s policy and The Gambia’s policy on involuntary resettlement, noting that
where the differences are significant whichever policy is considered to be of a
comparatively higher standard will apply.
iv. Social Assessment and Socio-Economic Surveys. Conduct an initial social and
economic survey within the proposed regions (may rely on existing information from
other studies) for the project activities required under the components that trigger the
involuntary resettlement policy. The survey shall cover issues on the social structure,
economic activities, social characterization of persons likely to be affected including
numbers, the different social institutions, social capital and mechanism for social
cohesion. The RPF shall also explore and describe existing conflict resolution
mechanism and potential for conflict situations arising as a result of the special
conditions in the Northern part of Ghana. This information will serve as critical
baseline data for a future RAP should that become necessary.
48
v. Estimated Population, Displacement and Categories of Affected People. The
consultant shall record the number of estimated people likely to be affected or
displaced by the project activities as noted in the project component description
above. The different categories may include those who may be losing legal title to
land and those without legal title but use the land for economic activities or for
residential purposes-accommodation. There may be those who may be losing
temporary access to property or business site. These are only examples of those who
are likely to be affected through displacement. The RPF shall identify the right
categories as per the impacts noted or expected.
vi. Eligibility criteria for various Categories of affected people. Determine the method
for setting a cut-off date for eligibility for compensation and also as a means for
making this information (on cut-off date) reach the wider public. In addition, the
consultant shall determine the compensation type for the different categories, losses
and affected persons. The RPF shall take particular note of the multidimensional
impact of the project and factor that into the analysis especially with regard to
different sites and different forms of social impacts. The criteria for compensation
should be pegged on the national legal requirements and provisions, World Bank
OP4.12, and guided by social sustainability and poverty reduction factors and
fairness. The section shall also document the unit of payment for compensation that
is, whether per individuals, families or groups and indicate the scenarios or cases for
the application of each unit of analysis or a combination of units where appropriate.
vii. Methods for valuing affected assets. This section shall describe in detail the methods
used in valuing those assets that will be eligible for compensation as per national or
World Bank policy on involuntary resettlement (OP4.12). This process shall capture
the methodology for taking of inventory of assets, values assigned and agreement
reached with each identified PAP and consider inflationary realities in the final
determination of values. The consultant shall indicate in the RPF a statement on the
possible revision of values should there be major discrepancies between dates for
value determination and actual date for payments. The PAPs shall have an
opportunity to do their own valuation if they have doubts or misgivings through the
facilitation of the project for further negotiations between the PAP(s) and the client.
Valuing of assets should be a process of engagement with PAPs and not an
imposition. The RPF shall demonstrate that the methods used for the exercise in its
entirety were engaging and acceptable to all stakeholders.
viii. Entitlement matrix for proposed resettlement and compensation policy. Following
from the above, the RPF shall include a matrix that details the type of compensation
that each identified PAP will be entitled to and a rationale as part of the matrix.
ix. Organizational Arrangements and Procedures for Delivery of Entitlements. The
RPF shall describe the process for organizational arrangements, responsibilities and
roles, the approval processes for the various stages of the compensation work and
which actors will be involved. This section shall also spell out the actual process for
49
delivering the entitlement including the roles for the different agencies and reporting
formats and responsibilities.
x. Methods for Consultation with and Participation of Affected People. The consultant
shall as a matter of importance, describe the methodology for consultation and
participation by the PAPs in the process (until they have received their entitlements).
The consultation process includes that for the development of the RPF and
subsequent RAPs. The record of consultation and participation for this RPF shall be
attached as an annex to the final RPF report. As part of this, the consultant will
develop a program for the disclosure of the RPF, but the responsibility for both the
disclosure and dissemination of the RPF lies with the client.
xi. Grievance Redress Mechanisms. Under the grievance redress mechanism, the
consultant shall describe the options available to PAPs for grievance redress they may
have about the process, the identification of eligible people for compensation, the
valuing and payments of compensation and any other complaints they may have with
the entire process. The RPF shall indicate how these would be disseminated and made
accessible to them in a clear and comprehensible manner. The grievance redress
mechanism shall also have an in-built monitoring mechanism to check on
responsiveness to complaints or grievances lodged. The different forms of receiving
the complaints should be clearly described together with the different stages of the
process. In addition, the redress mechanism shall indicate alternatives, in case the
proposed mechanisms, for any reason, do not respond to all grievances and
complaints.
xii. Budget and Funding Arrangements. The RPF shall indicate the sources of funding
for RAPs, should that become necessary and an overall cost estimates for resettlement
including for monitoring of the resettlement activities for all sites. The financial
responsibility of the relevant stakeholders, where applicable, should be stated to avoid
ambiguity of sources of funding for resettlement activities. These budgets shall
consider inflationary trends.
xiii. Monitoring Arrangements. The RPF shall provide appropriate mechanism for
monitoring the implementation of the resettlement activities. The consultant shall
propose participatory monitoring approaches that would involve PAPs. The roles of
different players like the PAPs, civil society, traditional authorities, and local
government authorities among others, in the implementation and monitoring process
will need to be clarified. The RPF shall develop, as part of this, a template for
monitoring with indicators based on the main issues identified and spelt out in the
RPF.
xiv. Implementation Schedule. To avoid confusion with cut-off dates and other time lines
especially because compensation will have to be paid prior to commencement of any
civil works, it is important for the RPF to set out implementation schedule for the
resettlement. The RPF shall, in addition to the implementation schedule identify
potential risks that could militate against the smooth implementation of the
50
resettlement actions and suggest plausible mitigation measures to serve as a guide to
the client and the team who will be working on the implementation.
xv. Template for the Design of Resettlement Action Plan. The RPF shall develop a
template for the design of a RAP based on the details of the RPF and informed by
World Bank framework for RAPs. This template shall spell out the main subsections
of the RAP and any other relevant annexes that should be included.
5. Qualifications and Experience
The assignment will be carried out by an individual consultant. The Consultant shall have a
minimum of five (5) years working experience, with a background in sociology, anthropology,
development planning or other relevant field. S/he should have expertise and knowledge
preparations of social safeguards or involuntary resettlement documents like Resettlement Policy
Framework (RPF) and Resettlement Action Plan (RAP) and shall demonstrate experience with
working with international development institutions like the World Bank. Knowledge of World
Bank safeguard policies will be additional advantage.
6. Facilities to be provided by Client
The consultant shall be provided with project documents, reports from related projects and
studies already conducted. The client may also facilitate scheduling of meetings with
stakeholders on behalf of the consultant.
7. Time Frame
The assignment shall be completed within four (4) weeks after signing of contract.
8. Expected Output/Deliverables and Reporting Format
The Consultant is expected to have the following deliverables:
(i) Detailed work plan with expected output. This will be discussed by consultant, client
and other experts to ensure quality of final outcome. Three (3) copies shall be
submitted to the client in addition to there an electronic version.
This will be delivered one week after signing of contract;
(ii) Draft Report This will be circulated for comments and relevant issues raised
incorporated into revised version. Three copies shall be submitted to the client. In
addition the consultant will provide an electronic version.
This will be delivered two (2) weeks after submission of inception report.
(iii) Final Report The final report should include a concise Executive Summary and
should have all annexes and bibliography and the dissemination/disclosure plan. This
will be delivered two (2) weeks after submission of draft report. The consultant shall
submit three (3) copies of the report in hard copies and an electronic version.
51
Annex 3 land assets and physical inventory survey form
District.......................................
Village.......................................
Sur
vey
No
Na
me
H/
H
No
of
pers
ons
in
the
hous
e
Tota
l
hold
ing
of
H/H
Land
to be
acqui
red
La
nd
us
e
typ
e
Los
e of
%to
tal
Lose of assets Loss of crops Lose
of
other
asset
s
Other loses
Perma
nent
struct
ure
Temp
oral
struct
ure
Are of
reside
ntial
land
loss
Fr
uit
tre
es,
typ
e
&
no
Agricul
tural
land
loss
Oth
er
spec
ify
Grav
e
yards
,
well,
mark
ets,
type
& no
Resid
ence
(rente
d)
Busi
ness
loss
Inco
me
loss
Signed by Relevant Safeguard Focal Person: _______________________________
Title: _______________________________
Date: _______________________________
Signed by Project Manager: Name: _______________________________
Title: _______________________________
Date: _______________________________
Annex 4 Sample Census Survey form Part 1
Name of Interviewer
ID Code
Signature
Name of Supervisor
ID Code
After verification of interview
Village Name
ID Code
No of concessions in the Village
Date...........................................................................................
Day Month Year
Part 2 household survey Name
&surna
me
Relationsh
ip to H of
family
sex PO
B
Ag
e
Marit
al
status
Residenti
al status
Ethni
c
grou
p
Religio
n
Level of
Educati
on
Incom
e
earner
Economic activity
52
M F Y N primar
y
seconda
ry
1
2
3
4
5
6
Note:
Relation to Head of family- spouse, child, parent, grand children, spouse of childe of head of
family, others specify
POB-Place of Birth
Marital status –married, widowed, divorce, unmarried, no answer
Residential status-permanent, absent, visitor, other specify
Level of Education- illiterate, some primary education, complete primary education, some
secondary, complete secondary, tertiary, religious school technical and vocational school others
specify
Annex 5 Detailed Screening Checklist for Environmental and Social Impacts ISSUES SCALE
Mitigatio
n
measure
A Zoning and Land
Use Planning
non
e
minor/sma
ll
moderate/mediu
m
Significant/lar
ge
1 Will the subproject
affect land use zoning
and
planning or conflict
with prevalent land
use
patterns?
2 Will the subproject
involve significant
land disturbance or
site clearance?
3 Will the subproject
land be subject to
potential
encroachment by
urban or industrial
use or located
in an area intended
for urban or industrial
development?
B. Utilities and
53
Facilities
1 Will the subproject
require the setting up
of
ancillary facilities?
5 Will the subproject
make significant
demands on
utilities and services?
6 Will the subproject
require significant
levels of
accommodation or
service amenities to
support the
workforce during
construction (e.g.,
contractor will
need more than 20
workers)?
C Water and Soil
Contamination
7 Will the subproject
require large amounts
of raw
materials or
construction
materials?
8 Will the subproject
generate large
amounts of
residual wastes,
construction material
waste or
cause soil erosion?
9 Will the subproject
result in potential soil
or water
contamination (e.g.,
from oil, grease and
fuel from
equipment yards)?
1
0
Will the subproject
lead to contamination
of ground
and surface waters by
54
herbicides for
vegetation
control and chemicals
(e.g., calcium
chloride) for
dust control?
1
1
Will the subproject
lead to an increase in
suspended
sediments in streams
affected by road cut
erosion,
decline in water
quality and increased
sedimentation
downstream?
1
2
Will the subproject
involve the use of
chemicals or
solvents?
1
3
Will the subproject
lead to the
destruction of
vegetation and soil in
the right-of-way,
borrow pits,
waste dumps, and
equipment yards?
1
4
Will the subproject
lead to the creation of
stagnant
water bodies in
borrow pits, quarries,
etc.,
encouraging for
mosquito breeding
and other
disease vectors?
D
.
Noise and Air
Pollution Hazardous
Substances
1
5
Will the subproject
increase the levels of
harmful air
emissions?
1 Will the subproject
55
6 increase ambient
noise levels?
1
7
Will the subproject
involve the storage,
handling or
transport of
hazardous
substances?
E. Fauna and Flora
1
8
Will the subproject
involve the
disturbance or
modification of
existing drainage
channels (rivers,
canals) or surface
water bodies
(wetlands, marshes)?
1
9
Will the subproject
lead to the
destruction or
damage of terrestrial
or aquatic ecosystems
or
endangered species
directly or by induced
development?
2
0
Will the subproject
lead to the
disruption/destruction
of wildlife through
interruption of
migratory routes,
disturbance of
wildlife habitats, and
noise-related
problems?
F. Destruction/Disrupti
on of Land and
Vegetation
2
1
Will the subproject
lead to unplanned use
of the
infrastructure being
developed?
2 Will the subproject
56
2 lead to long-term or
semipermanent
destruction of soils in
cleared areas not
suited for agriculture?
2
3
Will the subproject
lead to the
interruption of
subsoil and overland
drainage patterns (in
areas of
cuts and fills)?
2
4
Will the subproject
lead to landslides,
slumps, slips
and other mass
movements in road
cuts?
2
5
Will the subproject
lead to erosion of
lands below
the roWorld Banked
receiving
concentrated outflow
carried by covered or
open drains
2
6
Will the subproject
lead to long-term or
semipermanent
destruction of soils in
cleared areas not
suited for agriculture
2
7
Will the subproject
lead to health hazards
and
interference of plant
growth adjacent to
roads by
dust raised and blown
by vehicles?
G Cultural Property
2
8
Will the subproject
have an impact on
archaeological or
historical sites,
including historic
57
urban areas
2
9
Will the subproject
have an impact on
religious
monuments,
structures and/or
cemeteries?
3
0
Have Chance Finds
procedures been
prepared for
use in the subproject?
H
.
Expropriation and
Social Disturbance
Will the subproject
involve land
expropriation or
demolition of existing
structures?
Will the subproject
lead to induced
settlements by
workers and others
causing social and
economic
disruption?
Will the subproject
lead to environmental
and social
disturbance by
construction camps?
Annex 6 involuntary land acquisition and resettlement form IMPACT NOT
KNOWN
YES NO SCALE/TO
WHAT
EXTEND?
Is the proposed
sub-project
undertaking
likely to involve
land acquisition
Must the land
eye marked
acquired?
Is there an
58
alternative?
Is the location of
the land t
acquired known?
What is the size
of the Land?
Ownership-
Whose land is it?
Productive land
that is allocated
to women?
Any
documentations?
What is the land
being use for
currently?
Are there future
plans for use of
the land?
Security of Land
– is it being used
as collateral?
Borrowed?
Will there be loss
of housing?
Will there be loss
of incomes, or
businesses ? and
livelihoods?
Will access to
facilities,
services, or
resources be lost
Is the no of
people affected
directly and
indirectly
known?
Will any social
or economic
activities be
affected by land
use related
changes?
Will water be
affected?
59
Will any social
or economic
activities be
affected by land
use related
changes?
Will the
involuntary
resettlement be
conducted in
accordance with
World Bank
Safeguard
Policy?
Will the
involuntary
resettlement be
conducted in
accordance with
Gambia
Government
legislation
provisions
regarding
resettlement?
Will there be loss
of crops, trees,
forest, and other
fixed assets?
Are the most
vulnerable
people affected?
Women,
children, elderly,
people with
disabilities
Is there any legal
or social disputes
that are not
resolved?
Are the people
affected
involved?
Does the PCU
have the capacity
60
to execute plan?
Are the capacity
building
requirements to
execute this plan
fulfilled?
Is there budget
allocated for the
plan?
Annex 7 consultations with communities
A team comprising consultants, staff from department of Agriculture and other agriculture project
staff went on a consultative visit to stake holders and also visited other project sites and potential
sites for this project. The team met farmers (men and women) in communities, extension workers,
community leaders, land owners and regional directors. Below are dates and communities visited.
Date Site/Community Region/Site Main Issue(s) Person (s) Remarks
15.11.2013 Nuimi Lamin NBR Vegetable cold store Adama Touray Discussed gender and resettlement policy. Also discussed on challenges they faced operating the cold store. Store not functional at the time of visit.
15.11.2013 Chamen Nianija CRR North 1. Possibility of 2 crop/year Tidal irrigation 2. Access bridge to fields
Chief and village elders
Potential constraint is saline intrusion to make 2 crop/year impossible. also discussed lack of tools for women and the fact that if there is need for involuntary land acquisition affected persons will be duly and fairly compensated. However community members confirmed that there will be no need to acquire new land as the existing land cannot even be all used.
15.11.2013 Kuntaur Wassu CRR North Potential available area for tidal irrigation
Asst Regional Agric. Director (RAD) Jammeh
Region a potential area for GCAVMP intervention,
16.11.2013 Janjanbureh CRR –Prisoners’
A modified pump irrigated perimeter to
Commissioner of Prisons -
These rice fields were modified from pump
61
Rice field tidal irrigated scheme Janjanbureh irrigated to tidal flooding by reducing height of embankment to allow tidal flow into the fields because it is cheaper than pump irrigation. In the process of “cutting” to reduce the height of the land to allow tidal flooding the top soil was removed and this could expose unsuitable soil type.
16.11.2013 Sankulay Kunda CRR South Possibility of rehabilitating abandoned pump irrigated rice fields to “test” new concept of management by a group
May be developed within the GCAVMP
16.11.2013 Boiram CRR South Review operations and performance of small scale rice milling 1. Sited in the village among residents 2. Equipment seemed well maintained but excessive husks piled up, apparently not usable. 3. Husks used to fill up crater left in the yard during mud block making. 4. Husks are sometimes used as manure in rice fields 5. Where no one else needs it in village, the piles are burnt away 6. Bran is sold out to as animal feed
Operator Mainly Chinese models capable of cleaning 100 bags paddy (x 50 kg) in 8 hours (625kg/hr. Produces 50 kg bran from 4 bags (200 kg) of paddy rice.
16.11.2013 Sapu Agriculture Station
CRR South 1. Mainly tidal irrigation scheme 2. Constraints – ineffective farmer organizations; need
Ayib Touray - RAD Ansumana Njie-Agronomist
The milling machine is Chinese made capable of doing 700kg/hr (cleaned and bagged and ready for market)
62
capacity building of farmer organizations; weak input supply ; Low yields – 1-2 tons/ha; 3. Need in-service training for Extension staff 4. Water borne d illnesses due to impoundment of fields 5. Surrounding communities make use of national Malaria Control Program – bed nets, etc. 6. Rice milling machine
Siting is well away from habitation, and consequently noise pollution will not be an issue Apparently not in operation now (no barn/husks observed) but waste generated is treated much the same way as in Boiram
16.11.2013 Touba Demba Sama CRR South Currently tidally irrigated (approx. 95 ha). Catchment includes 9 other communities ( Demba Sama, Misira, Kanunku, Sambel Kunda, Wellingara, Karantaba, Yida and Banni
Woman President- Maimuna Ceesay
Issues: hippo threats; tsetse flies; clogging of canals by overgrown grass–habors snakes, mosquitoes, disclosed the existence of a RP
17.11.2013 Kanwally WCR Development of Horticulture garden –LHDP 1. 5 ha fenced area; 2. Infrastructure (water tank-75,000L), processing area for grading, sorting and cleaning; borehole; reticulation system.
1.
President of the women vegetable Kafo
Apparently poor soil condition; Community using cattle to provide manure disclosed the existence of a gender and Re settlement Policy, there is no waiting shed for child minders and pregnant women
17.11.2013 Tampoto WCR 1.Newly developed area for horticulture 2. GALDEP provided : processing equipment to handle tomato; solar powered water supply system; inputs 3.Processing area has processing
The women president
1.The first attempt of the community to work on a project of this type 2. Low soil fertility 3. Will need training in: gender, waste management; pesticide and fertilizer use
63
Annex 8 budget template Amount or
number/quantity
Total estimated cost Agency responsible
Asset acquisition
Land
Structures
Crops and economic
trees
Infrastructure
Land Acquisition
and preparation
Land
Structures
Crops and other
Community
Infrastructure
Relocation
Transfer of
possessions
Installation costs
Economic
rehabilitation
Training
Capital Investment
Technical Assistance
Monitoring
Contingency
Total
Based on the outcomes from the above discussed activities, the consultant will ensure that
all values for lost assets are based on current market rates, by square meter, at new replacement
cost, not taking into account any depreciation as per the requirements of WB (OP 4.12).
Annex 9 sample Entitlement costing matrix of project affected people
Compensation for land Compensation for structure Compensation for crops & trees
Compensation for other assets & loses (wells, schools, grave yards..
TOTAL
Quantity Unit price GMD
Entitlement GMD
Quantity Unit price GMD
Entitlement GMD
Quantity Unit price GMD
Entitlement GMD
Quantity Unit price GMD
Entitlement GMD
Bibliography 1 Constitution of the Republic of the Gambia, 1997
64
2 Environmental Impact Assessment Guidelines 1999
3 Land Acquisition and Compensation Act, 1991
4. Lands Commission Act 2007
5 Lands (Provinces) Act
6. National Environmental Management Act 1990
7 Physical Planning and Development Control Act, 1991
8. Republic of Iraq-Regional Government of Kurdistan Transport Corridors Project:
resettlement policy framework for Roads corridors
9 Republic of Kenya Resettlement Policy Framework Natural Resource Management
Project (NRMP) (2001)
10 Resettlement policy framework for the Gambia growth and
Competitiveness project Gambia investment promotion & free zones agency (GIPFZA)
the gateway project (2009)
10 State Lands Act,1991
11. Surveys Act 1991
