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Egyptian natural Gas company (GASCO) Prepared by
Nubaria-Metnama Gas Pipeline, Egypt
RESETTLEMENT ACTION PLAN
Final Report
March 2013
EcoConServ Environmental Solutions
12 El-SalehAyoubSt., Zamalek, Cairo, Egypt 11211 Tel: + 20 2 27359078 – 2736 4818 Fax: + 20 2 2736 5397 E-mail: genena@ecoconserv.com URL: http://www.ecoconserv.com
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Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013
TABLE OF CONTENTS
LIST OF TABLES AND FIGURES ........................................................................................... ت
LIST OF BOXES ......................................................................................................................... ت
LIST OF ACRONYMS AND ABBREVIATIONS ..................................................................... ث
SUMMARY ................................................................................................................................... I
CHAPTER ONE: INTRODUCTION AND METHODOLOGY ............................................. 1
1.1 Project Background ..................................................................................................................................... 1
1.2 Right of Way for the Gas Pipeline ............................................................................................................ 2
1.3 Land Needed for the Project ..................................................................................................................... 2
1.4 Rationale of the RAP .................................................................................................................................. 4
1.5 RAP Objectives, Principals and Methodology ........................................................................................ 4
1.5.1 RAP Objective .......................................................................................................................................... 4
1.5.2 World Bank Principles and Standards ....................................................................................................... 5
1.5.3RAP Methodology ...................................................................................................................................... 6
1.6 Preparation of Resettlement Action Plan .............................................................................................. 12
1.6.1 The ESIA .............................................................................................................................................. 12
1.6.2 The Resettlement Policy Framework ......................................................................................................... 12
1.6.3 Development of Resettlement Action Plan ................................................................................................. 13
1.7 RAP Study Team ....................................................................................................................................... 13
CHAPTER TWO: DESCRIPTION OF POTENTIAL IMPACTS ......................................... 15
2.1 Potential Positive Environmental and Social Impacts ................................................................... 15
2.2 Potential Negative Social Impacts .................................................................................................... 16
2.2.1 Negative Social Impacts during Construction ............................................................................................ 16
2.2.2 Negative Social Impacts during Operation ............................................................................................... 16
2.2.3 Negative Impacts Result due to land acquisition and lose of livelihood ....................................................... 17
2.3 Mechanisms and Procedures to Put Limitationson for Land Acquisition ................................. 20
2.4 Extent and Duration of Impact (permanent or temporary) ......................................................... 21
2.5 Census Survey Results ........................................................................................................................ 21
2.6 Baseline Socioeconomic Profile ........................................................................................................ 22
CHAPTER THREE: LEGAL FRAMEWORK .......................................................................... 24
3.1. Policy References ................................................................................................................................. 24
3.2. Gaps Between Egyptian Regulations and World Bank Policies .................................................. 24
3.3. Summary of GASCO Compensation System for Affected Lands, Crops and Trees ............. 25
CHAPTER FOUR: ENTITLEMENT,COMPENSATION ASSISTANCE AND VALUATION OF
ASSETS ....................................................................................................................................... 28
4.1 Entitlement Matrix .................................................................................................................................... 28
4.2 Valuation of Crops/Assets ....................................................................................................................... 39
4.2.1. Crop Valuation .............................................................................................................................. 39
4.2.2. Asset Valuation ............................................................................................................................. 39
CHAPTER FIVE: PLANNING FOR LAND ACQUISITION AND RESETTLEMENT
MITIGATION ............................................................................................................................ 41
5.1 Consultation Activities .............................................................................................................................. 41
5.1.1. Consultation Activities During Planning Phase ............................................................................... 41
5.1.2. Consultation Activities During Preparation of the RAP ................................................................. 45
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013
5.1.3 Community Participation and Local Stakeholder Analysis .............................................................. 51
5.2. Grievance redresses mechanism ....................................................................................................... 52
5.2.1 Institutional Responsibility for the Grievances ........................................................................................... 53
5.2.2 Grievances tiers ........................................................................................................................................ 53
5.2.3 Grievances channels .................................................................................................................................. 55
5.2.4 Response to grievances ............................................................................................................................. 55
5.3 Requirements for monitoring and evaluation ................................................................................. 55
5.3.1 General monitoring by GASCO ..................................................................................................... 55
5.3.2 Internal monitoring .......................................................................................................................... 56
5.3.4 External monitoring and evaluation ................................................................................................ 57
5.4 Disclosure of the RAP ........................................................................................................................ 58
5.4.1 During Preparation Phase ............................................................................................................... 58
5.4.2 During Implementation Phase ......................................................................................................... 59
5.5 Institutional Responsibilities for the RAP Implementation ............................................................... 60
5.5.1 Organization Setup .................................................................................................................................. 60
5.5.2 Organization Composition and Responsibilities ........................................................................................ 60
5.6 Cost and budgets........................................................................................................................................ 61
5.6.1Implementation Sequence ........................................................................................................................... 61
5.6.2 Time Schedule and the Cut-off Date ......................................................................................................... 62
5.6.3 Estimation of Total Temporarily Land Acquisition Cost ......................................................................... 63
5.6.4 Impact Compensation Expenses .............................................................................................................. 63
5.6.5 Fund Flow and Payment Plan ................................................................................................................. 64
Annexes Annex I: List of Project Affected Persons
Annex II: Letters sent to Agriculture Directorate for compensation process
Annex III: Valuation of crops
Annex IV: Affected people compensation Questionnaire
Annex V: Gaps Between Egyptian Regulations and World Bank Policies
Annex VI: Entitlement Matrix
Annex VII: Legal Framework that Governs the Project
Annex IX : Guiding Document For The Addendum of The RAP
Annex X : Participants details
Annex XI: Consultations’ Activities Related to the Project:
Scoping Phase
Public Consultation
a. Menoufia Governorate Public Consultation Documentation
b. El Behira Governorate Public Consultation Documentation
c. Consultation Documentation during the RAP
Annex XI : Maps of the project
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013
LIST OF TABLES AND FIGURES
Table 1: Generic Overview of the Lands Needed for Project ......................................................................... 3
Table 2: Giza North Gas Pipeline Impact Matrix – OP 4.12 ........................................................................ 18
Table 3: Project impacts by type of loss ........................................................................................................ 20
Table 4: Distribution of Project Affected People by type of Loss ................................................................. 21
Table 5: Entitlement Matrix to meet Op 4.12 Requirements ......................................................................... 30
Table 6: Entitlement matrix of the project .................................................................................................... 37
Table 7: Results of the public consultations implemented in Behira on the 25th of May and Menoufia
Governorate on February 17th governorates ................................................................................................. 44
Table 8: Issues, concerns and topics raised during the Field Consultation ..................................................... 47
Table 9: Examples of the Proposed Indicators Needed For Monitoring Activities ........................................ 58
Table 10: Institutional Responsibilities for RAP Implementation.................................................................. 60
Table 11: Time Plan ..................................................................................................................................... 63
Table 12: Total cost and budget in EGP ....................................................................................................... 64
Figure 1: Nubaria-Metnama gas pipeline route indicated on a satellite image ................................................. 2
Figure 2: Map for the full route of Nubaria-Metnama ..................................................................................... 4
Figure 3: Menoufia Public Consultation ....................................................................................................... 44
Figure 4: Behira Public Consultation ............................................................................................................ 44
Figure 5: Consultation with the PAPS through door to door consultation ................................................... 47
Figure 6: Consultation with the PAPS through house gatherings ................................................................. 48
Figure 7: Consultation with the PAPS through transportation consultation ................................................. 49
Figure 8: Consultation with the PAPS ......................................................................................................... 49
LIST OF BOXES
Box 1: GASCO Strategies to inform the affected people about their compensations .................................. 50
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013
LIST OF ACRONYMS AND ABBREVIATIONS
ARAP Abbreviated Resettlement Action Plan
BPL Below Poverty Line
CAPMAS Central Agency for Public Mobilization and Statistics
CBOs Community-based Organizations
CDA Community Development Association
CEPC Cairo Electricity Production Company
EA Environmental Assessment
EDHS Egyptian Demographic and Health Survey
EEAA Egyptian Environmental Affairs Agency
EGP Egyptian Pound
EIA Environmental Impact Assessment
EPADP Egyptian Public Authority for Drainage Projects
ESIA Environmental and Social Impact Assessment
ESIAF Environmental and Social Impact Assessment Framework
EU European Union
Euro Euro
FGD Focus Group Discussion
FHH Female Headed Household
GIS Gas Insulated Substation
GNPPP Giza North Power Plant Project
IG Indigenous groups
IR Involuntary Resettlement
Km Kilo Meter
LDU Local Development Unit
LGUs Local Governmental Units
MALR Ministry of Agriculture and Land Reclamation
MC Mediation Committee
NGO Non-Governmental Organization
OP Operational Policy
PAF Project Affected Family
PAP Project Affected Persons
PC Public Consultation
PL Poverty Line
RAP Resettlement Action Plan
RAPAR Resettlement Action Plan Addendum Report
ROW Right Of Way
RPF Resettlement Policy Framework
SDO Social Development Officer
TOR Terms of Reference
WB World Bank
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013
GLOSSARY
Words Definition
Abbreviated Resettlement Plan Establish a baseline through the census of Project Affected Persons
(PAP)which comprises of socio-economic data, the inventory of assets
lost, and the compensation and resettlement benefits awarded to the
PAPs.
Census Enumerating and collecting basic information on the project affected
persons, registering the PAP by residence or locality, and establishing a
list of legitimate beneficiaries before the project’s onset that counters
spurious claims from those moving into the project
area solely in anticipation of benefits
Community A group of people who live in together in one place, and may have the
common attributes in terms social and economic status.
Compensation Payment in cash or in kind for an asset or a resource that is
acquired or affected by a project at the time the asset needs to be
replaced.
Complete Structures Buildings( including houses and institutional structures) which have
enclosed walls, roofs, leveled earth or concrete floors.
Compound A place of residence for one or more household, to include a number of
clustered interrelated buildings, with shared cooking facilities.
Compounds are also referred to as Homesteads.
Crop Survey A survey of all eligible crops within the moratorium area following the
declaration of the entitlement cut-off date.
Cutoff Date Date of completion of the census and assets inventory of persons
affected by the project. Persons occupying the project area after the
cutoff date are not eligible for compensation and/or resettlement
assistance. Similarly, fixed assets (such as built structures, crops, fruit
trees, and woodlots) established after the date of completion of the assets
inventory, or an alternative mutually agreed on date, will not be
compensated.
Displacement Assistance Support provided to people who are physically displaced by a project.
Assistance may include transportation, shelter, and services provided to
affected people during their move. Assistance may also include cash
allowances to compensate affected persons for the inconvenience
associated with displacement. The payments may include expenses of a
transition to a new locale, such as moving expenses.
Economic Displacement Loss of income streams or means of livelihood resulting from
land acquisition or obstructed access to resources (land, water, or forest)
which results from the construction or operation of a project or its
associated facilities
Economically-Displaced
Households
Households whose livelihoods are impacted by
the project includes residential households, or people living outside the
project area but have land, crops, or businesses in the area.
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013
Eligible Crops Crops planted by Project Affected Persons within the Moratorium Area
before the Entitlement Cut-Off Date, and who are eligible for
compensation in accordance with this RAP.
Eligible Land The land (cropped and fallow, agricultural and communal) within the
Moratorium Area before the Entitlement Cut-Off Date, considered
eligible for compensation in accordance with this RAP.
Eligible Structures The buildings and structures constructed within the Moratorium
Area before the Entitlement Cut-Off Date, considered eligible for
compensation in accordance with this RAP.
Entitlements The benefits set out in the RAP includes: financial compensation, right to
participate in livelihood restoration programs, housing, house sites,
service provision, transport, and other short-term assistance required to
resettle or relocate.
Entitlement Cut-off Date The date established by the project as the deadline for entitlement to
compensation is also known as the Moratorium Date. Persons found at
the project area after the Entitlement Cut-Off Date will not be eligible
for compensation and/or resettlement assistance. Similarly, fixed assets
(such as built structures, crops, fruit trees, and woodlots) established after
the Entitlement Cut-Off Date (Moratorium Date) will not be
compensated.
Environmental Impact The effect (whether positive or negative) on an environmental resources
or a value resulting from infrastructure development projects.
Environmental and Social Impact
Assessment (ESIA)
A systematic procedure for enabling the possible environmental and
social impacts of development projects to be considered before a decision
is made as to whether the project should be given approval to proceed.
Farmer A person who has acquired the right to use a piece of land for farming
activities, either for cash generation or home consumption, and is
engaged in such activities at the time of the Entitlement Cut-Off Date.
Full Built Asset Survey A detailed survey of all buildings within the Moratorium Area
following the Entitlement Cut-Off Date, recording ownership,
constructional details, internal and external measurements, photographs
and GPS positioning
Full Replacement Cost The market value of assets plus transaction costs, where depreciation of
structures and assets is not taken into account.
Host Community People living in or around areas to which people physically displaced by a
project will be resettled to, who in turn may be affected by the
resettlement
Household A person, or group of persons living together, in an individual house or
compound, who share cooking and eating facilities, and form a basic
socio-economic and decision-making unit.
IFC International Finance Corporation, a division of the World Bank Group,
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013
which provides investment and advisory services to private sector
projects in developing countries, with the goal of ensuring everyone
benefits from economic growth.
Incomplete Structures Buildings and structures missing any major construction elements such as
walls, roofs, rammed earth, concrete floors, doors, and/or window
openings.
Institutional Structures and
Infrastructure
Buildings, structures and facilities for public, government and religious
use, such as schools and churches, within the Moratorium Area, and
being used for the purpose for which they were established at the
Entitlement Cut-Off Date.
Involuntary Actions that may be taken without the displaced person’s informed
consent or power of choice.
Involuntary Resettlement (IR) The unavoidable displacement of people and/or impact on their
livelihood, assets and common property resulting from development
projects that create the need for rebuilding their livelihood, sources of
income and asset bases.
Landlord A person who has customary control over a piece of land on which a
farm is located, further may or may not own buildings and structures on
the farm.
Land Survey All eligible land which was recorded in a survey of the Moratorium Area
following the declaration of the Entitlement Cut-off Date
Livelihood Programs Programs intended to replace or restore quality of life indicators
(education, health, nutrition, water and sanitation, income) and maintain
or improve economic security for Project-Affected Persons through
provision of economic and income-generating opportunities, including,
but not limited to, activities such as training, agricultural production and
processing and small and medium enterprises.
Millennium Development Goals There are eight United Nations brokered Millennium Development Goals
(MDGs), which range from halving extreme poverty to halting the spread
of HIV/AIDS and providing universal primary education, all by a target
date of 2015. They form a blueprint agreed to by all the world’s countries
and leading development institutions, and seek to galvanize efforts to
meet the needs of the world’s poorest.
Monitoring The process of repeated observations and measurements of
environmental and social quality parameters to assess and enable changes
over a period of time.
Non-resident Household Household (or an individual) that has an asset in the Moratorium Area,
which existed on or before the Entitlement Cut-off Date, but who resides
outside the Moratorium Area.
Occupied Structures These are structures that have signs of regular and sustained human
occupancy, for a period prior to the Entitlement Cut-Off Date.
Other Structures Wells, toilets, kitchens, and animal pens, constructed within the
Moratorium Area before the Entitlement Cut-Off Date.
Performance Standard 5 The International Finance Corporation’s (IFC) Performance
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013
Standard on Involuntary Resettlement, which embodies the basic
principles and procedures that underlie the IFC’s approach to involuntary
resettlement associated with its investment projects, and stands as the
benchmark against which resettlements are measured.
Physical Displacement Loss of shelter and assets resulting from the acquisition of
land associated with a project that requires the affected person(s) to move
to another location
Physically-displaced Household Households who normally live in the Project Area
and who will lose access to shelter and assets resulting from the
acquisition of land associated with the Project that requires them to move
to another location
Project The Egyptian Natural Gas Company (GASCO ) is carrying out multiple projects to support the expanding national gas grid. Among them is a proposed 32” diameter, 105 km long pipeline to transport natural gas from the Nubaria power station to a Pressure Reduction Station at the North Giza power station, and continuing to join the Metnama pipeline at an area called Nawa or Ezbet Swelem
Project-affected Household: All members of a household, whether related or not,
operating as a single socio-economic and decision-making unit, who are
affected by a project.
Project Affected Person Includes any persons, households, firms or private institutions who, on
account of changes that result from the project will have their (i) standard
of living adversely affected, (ii) right, title, or interest in any house, land
(including residential, commercial, agricultural, forest, and/or grazing
land), water resources, or any other moveable or fixed assets acquired,
possessed, restricted, or otherwise adversely affected, in full or in part,
permanently ore temporarily; and/or (iii) business, occupation, place of
work or residence, or habitat adversely affected, with or without
displacement
Public Involvement The dialogue encompassing consultation and communication between a
project proponent and the public. It includes dissemination, solicitation
and presentation of information
Rapid Asset Survey An initial asset survey of all buildings within the Moratorium Area at the
Entitlement Cut-Off Date, recording basic information such as external
measurements, photographs and GPS positions, with the aim of
recording all buildings as rapidly as possible and minimizing post-
moratorium speculation.
Relocation A process through which physically displaced households are provided
with a one-time lump sum compensation payment for their existing
residential structures and move from the Project Area
Replacement Cost The rate of compensation for lost assets must be calculated at full
replacement cost, that is, the market value of the assets plus transaction
costs.
Rehabilitation/Resettlement A term used to describe the process of reestablishing lifestyles and
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, final report march. 2013
livelihoods following resettlement. The term is also used to describe
construction work that brings a deteriorated structure back to its original
conditions.
Resettlement Action Plan (RAP) A time-bound action plan with a budget, setting out resettlement strategy,
objectives, options, entitlements, actions, approvals, responsibilities,
monitoring and evaluation
Social Impact The effect (whether positive or negative) on a social issue resulting from
infrastructure development projects.
Stakeholders Those who have an interest in project development and who will be
involved in the consultative process, and includes any individual or group
affected by, or that believes it is affected by the project; and any
individual or group that can plan a significant role in shaping or affecting
the project, either positively or negatively, including the host
community/population.
Vulnerable Groups People who by virtue of gender, ethnicity, age, physical or mental
disability, economic disadvantage, or social status may be more adversely
affected by resettlement than others and who may be limited in their
ability to claim or take advantage of resettlement assistance and related
development benefits.
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Summary
I
SUMMARY
I. Introduction
The Egyptian Natural Gas Company (GASCO ) is carrying out multiple projects to support the expanding of the national gas grid. Among them is a proposed 32” diameter, 105 km long pipeline to transport natural gas from the Nubaria power station to a Pressure Reduction Station at the North Giza power station, and continuing to join the Metnama pipeline at an area called Nawa or Ezbet Swelem.
The Nubaria-Metnama gas pipeline starts from the valve room at the end of the Abu Homos-El Nubaria 42"-diameter gas pipeline, near Nubaria Electrical Power Station. Then the pipeline continues south, parallel to El Rayh El Nasry, for approximately 62 km. During the first 45 km, the pipeline runs parallel to EL Rayh EL Nasry. For the last 17 km, the pipeline runs parallel to El Katatba-Borkoash asphalt road (this road is also parallel to El Rayh El Nasry), then runs east to cut across El Rayh El Nasry and the railway and El Rayh El Bahery until the turnoff to North Giza Electrical Power Station.
The pipeline will pass across three governorates until reaching North Giza Power Station namely Behira
Governorate, Menoufia and Giza Governorate. Reaching Metnama will be through crossing Qalubia
Governorate. The pipeline then starts again from the turnoff of North Giza Electrical Power Station and
continues east through north part of El Ata City. The pipeline then cuts through the Nile River (Rashed
Branch) and continues parallel to the river for about 14 km. Then the pipeline cuts through El Rayh El
Monofy and continues through the Nile Delta heading east.
II. RAP objective and methodology
The goal of the Resettlement Action Plan (RAP) is to apply the project activities in compliance with
the World Bank Operation Policy 4.12 with the least disturbances to the communities impacted
under the project. In order to achieve this goal the following objectives have been developed:
1. To identify and assess the potential social and economic impacts of the project and recommend mitigation measures. For the Project Affected Persons (PAPs), who would require some form of assistance, compensation, rehabilitation or relocation (if needed), the goal is to identify and quantify their different categories, and to prepare the socioeconomic/inventory/census survey.
2. To describe the existing Egyptian legal and policy framework for land acquisition and compensation of assets, as well as, to review the laws and regulations that apply to reclaiming informally settled public land, involuntary eviction, and resettlement. In addition to review World Bank (WB) policy OP 4.12 related to resettlement and ensure that the RAP is developed in full compliance with this policy and the national laws.
3. To prepare a detailed entitlements matrix listing all likely effects relevant to classifications related to assets and resources meeting the requirements of the World Bank Operational Policy 4.12.
4. To prepare standards for compensation or restoration of land affected (if applicable) by the project. Further, to set the standards for replacing any types of losses, as appropriate.
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Summary
II
5. To develop clear executive time plan for the RAP’s implementation, linking the steps of project implementation to the various project components. Further to include the institutional responsibilities and monitoring parameters.
6. To develop a communication and consultation plan for GASCO to implement throughout the various stages of the project cycle for RAP implementation.
7. To identify the institutional responsibility utilized for implementation and procedures for the grievance redress.
8. To consult the agencies responsible for compensation and land acquisition, such as GASCO, and to determine their roles and responsibilities.
9. To highlight the monitoring, time plan, and implementation procedures.
10. To ensure that appropriate project level grievance redressal mechanisms are in place that are accessible to local community members, including especially affected persons.
The development of the RAP is based on a multi-prong research approach (qualitative and
quantitative) to carry out the inventory and census; to consult with community members; to
understand impacted assets; to develop the compensation package; develop a grievance
redressal mechanism as well as a monitoring and evaluation system.
The RAP preparation team’s focus was on project affected persons (PAP) in order to assess
the level of adverse impacts and to determine the required compensation to be paid.
Categories such as; the loss of crops and trees, the temporary loss of lands and assets were
also included as per coverage under the World Bank Policy OP 4.12. A detailed strategy was
developed to evaluate each impact.
III. The policy, legal and institutional framework
This is a long list of all references to this RAP:
1. Government of Egypt Relevant Legislation
Law No. 4 of year1988 related to gas pipelines Article No. 2. This Law identifies the right of way and the limitation to use the lands above the pipeline. As well, defined those who are entitled for compensation
Law No.10 of year1990 on the expropriation of real estate for public interest.
Law No. 217 of year 1980 related to Natural Gas which is the responsibility of Ministry of Petroleum to declare the expropriation decree. As well, the necessity to provide an appropriate compensation to the affected people. The safety of the constructions is assured according to this law (article 2).
2. World Bank Operational Policies
OP 4.12 – Involuntary Resettlement
OP 4.01 – Environmental Assessment
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Summary
III
In addition to the above mentioned regulations, the Agricultural Directorates set a list of prices for the
crops located within their zones. As well as, they developed decree with the set of rules for
compensation.
IV. The scope of affected lands
1) Project impacts
236PAPs (households- companies) will be affected due to the project, among which three are companies
in addition to 17 tenants. The project-affected persons notified were mainly the head of households.
Almost all the land owners and tenants live in extended families that vary between 10-25 persons
each.(that might guide us to the total affected individuals who are up to 3500 persons). Households
nominate one person to be their representative during compensation. The companies work in the field of
agriculture products. Average workers vary according to the size of company. The labor force inside the
companies will not be affected. However, part of the lands and external fence will be affected during the
construction. The potential negative impacts might be summarized as follow:
The digging activities during construction is to affect 2,100,000 m2 of land.
The removal of trees and crops along pipelines lines is to affect around 106,552 trees.
Damage to physical assets i.e. irrigation ditches(4 units) , irrigation networks (212 units), barns/rooms (5 units).
Possible restrictions to use 1,260,000 m2 (future construction activities). These lands are identified now as agriculture lands. In case of expansion of the town or city borders, some of those lands will be used for construction activities. In such cases, the owners of lands inform GASCO High Compensation Committee. The PAP gets the compensation due to the restriction to build on their lands
2) Land requirement by the project
Summary of lands needed
Ser. Type of lands needed Behira Menoufia Giza Qalubia Total
1 Uncultivated agriculture lands (owned by state)
24,000 m2 24,000 m2
2 Uncultivated agriculture lands (owned by individuals)
8,800 m2 8,800 m2
3 Empty lands 2,119 m2 22,000 m2 10,000 m2 34,119 m2
4 Lands cultivated by crops 432,650 m2 100,400 m2 48,000 m2 145,000 m2 726,050 m2
Total Affected lands 434,769m2 155,200m2 58,000 m2 145,000 m2 792,969 m2
5 Total affected trees 71,026 24,563 10,250 713 106,552
3) Socioeconomic scope
Resettlement Action Plan, Nubaria – Metnama Gas Pipeline, Summary
IV
The project route passes along four governorates, namely, Behira, Menoufia, Giza and Qalubia. The Nubaria-Metnama gas pipeline starts from the valve room at the end of the Abu Homos-El Nubaria 42"-diameter gas pipeline, near Nubaria Electrical Power Station. Then the pipeline continues south, parallel to El Rayh El Nasry, for approximately 62 km. Based on the site visits and census results, the majority of the project-affected persons are living among extended families (the household has more than four families living in the same building). The average household size varies between 10-25 person. The majority of the older head of households are illiterate while the sons and grandsons are literate (intermediate and above). The national census developed by CAPMAS did not segregate the data related to education by age categories on the level of small hamlets adjacent El Riah El Nasery Canal. Therefore, the RAP study relied upon the data collected during the census. In Behira, Menoufia and Giza Governorates, the Bedouin tribes are settled in the areas from the km 17 to km 56.There was a lack for information that covers the total population of Bedouin inhabited the areas as they were censed under farmers. Bedouin norm and traditions shed lights on their living conditions. They pay respect to the head of the tribe (El Haj Moftah El Arabawy). Their side work beside farming is trading (mainly in agriculture products) and provision for security services to the projects implemented in their areas. The Bedouin community pays due attention to securing the projects. It is for the Bedouins a kind of expression on their Territorial Right. In order to guarantee smooth implementation of the project, it is required to consult with the head of the tribes, El Haj Moftah El Arabawy. Yet, getting closer to the Giza governorate, there are private ranches owned by the upper class and private/ commercial companies for farming and agricultural products.
4) Attitudes towards relocation and compensation strategies
The following attitudes from the Project Affected Persons have been captured during field visits and data
collection process:
The majority of PAPs showed acceptance towards implementing the project on their land especially that
similar and previous GASCO projects have provided fair compensation. Further, the PAPs impression is
that GASCO is benefitting and supporting the farmer through the following measures:
a. Counting and compensating for each and every affected asset in the field such as irrigation
systems and irrigation ditches.
b. Providing full compensation for any damages caused during construction.
c. Providing the farmer to harvest their crops and provide full compensation
d. Providing the farmer to extract their own tree and replant.
V. Entitlement matrix
Based on the data collected by the study team, the following are the groups that will be entitled for mitigation/compensation:
The land owners who might lose their agricultural land: Temporary (complete or partial) loss of all or part of arable and grazing land located under the ROW. (Those who own the lands legally or illegally)
The tenants of lands who might lose their land or access to land: Temporary (complete or partial) loss of all or part of arable and grazing land located in the sub-project site (If they have legal or illegal rights)
The owners of standing crops, trees, and plants: Permanent (complete or partial) loss of standing crops, trees, or plants for legal or illegal farmers.
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The owners and tenants who are restricted to reuse the lands above the ROW according to Gas Law No 217 of year 1980:Permanent limitation of use for constructions or for planting certain types of trees for legal or illegal farmers.
The owners, tenants who are restricted to build under the ROW: Permanent prevention to construct above the ROW for legal or illegal farmers
Vulnerable Groups: The main affected groups due to the implementation of the project are known as “vulnerable groups”. The project should provide the most attention to them. The study team did not find the vulnerable group category on the right of way (ROW) during the census survey.
I. Planning for land acquisition
GASCO Compensation Committee relies upon the price lists of compensation provided by the Agriculture Directorates that identify the prices of crops, trees, and irrigation systems according to the full compensation cost within the Governorate. In addition, the valuation committee determines the compensation according to the following basis:
1- Age of trees (below 5 years and above 5 years) 2- Fertility of land and crop productivity 3- Type of irrigation used in the land 4- Other components appropriate for compensating the farmer such as having access to roads, having
facilities in the lands, such as covered disposing network or irrigation ditches
II. Budget and time plan
Due to having the Compensation Committee formed in GASCO, it was useful for the RAP study to be
reviewed by the head of the committee. He provided more information on how they calculate the
compensation of trees. The compensation is based on the tree age and whether it is fruitful or not. Providing
this information to the team enabled us to have more accurate figure for the compensation of trees.
Following is a summary for the budget
Summary of needed budget:
Budget item Behira Menoufia Giza Qalubia Total
Total crop price 954,590 279,757 141,000 346,163 1,721,510
Total tree price 5,528,911 13,652,600 3,614,500 409,975 23,205,986
Total Asset price 300,291 12,925 1,300 0 314,516
Total price 6,783,792 13,945,282 3,756,800 756,138 25,242,012
Pico company 1,000,000
Purchasing lands 8,800,000
Monitoring 50000
Total 35,092,012
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CHAPTER ONE: INTRODUCTION AND METHODOLOGY
This chapter will cover the following:
Project background
Right of way for the gas pipeline
The land needed for the project
Rationale of the RAP
RAP Objectives, Principals and Methodology
Preparation of Resettlement Action Plan
RAP Study Team
1.1 Project Background
In Egypt, the domestic market for natural gas is currently undersupplied while the demand is growing. Due to major recent discoveries, natural gas is likely to be the primary growth engine of Egypt’s energy sector for the near future. Egypt’s natural gas sector is now expanding rapidly. The Egyptian Natural Gas Company (GASCO ) is carrying out multiple projects to support the expanding national gas grid. Among them is a proposed 32” diameter, 105 km long pipeline to transport natural gas from the Nubaria power station to a Pressure Reduction Station at the North Giza power station, and continuing to join the Metnama pipeline at an area called Nawa or Ezbet Swelem.
The Nubaria-Metnama gas pipeline starts from the valve room at the end of the Abu Homos-El Nubaria 42"-diameter gas pipeline, near Nubaria Electrical Power Station. Then the pipeline continues south, parallel to El Rayh El Nasry, for approximately 62 km. During the first 45 km, the pipeline runs parallel to EL Rayh EL Nasry. For the last 17 km, the pipeline runs parallel to El Katatba-Borkoash asphalt road (this road is also parallel to El Rayh El Nasry), then runs east to cut across El Rayh El Nasry and the railway and El Rayh El Bahery until the turnoff to North Giza Electrical Power Station.
The pipeline will pass across three governorates until reaching North Giza Power Station namely Behira Governorate, Menoufia and Giza Governorate. Reaching Metnama will be through crossing Qalubia Governorate. The pipeline then starts again from the turnoff of North Giza Electrical Power Station and continues east through north part of El Ata City. The pipeline then cuts through the Nile River (Rashed Branch) and continues parallel to the river for about 14 km. Then the pipeline cuts through El Rayh El Monofy and continues through the Nile Delta heading east. The pipeline then intersects with the following features:
Sheben El Kom Railway
Nile River (Damietta Branch)
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El Rayh El Tawfeky
El Basosya Conduit
Cairo Alexandria Agriculture Road
Cairo Alexandria Railway
Sheben El Kanatr Road and Railway
Finally, the pipeline joins the existing Tena-Metnama pipeline in an area called Nawa or Ezbet Swelem. Eleven valve rooms will be constructed along the pipeline
Figure 1: Nubaria-Metnama gas pipeline route indicated on a satellite image
1.2 Right of Way for the Gas Pipeline
In accordance with Law 4 for year 1988 related to gas pipelines Article No. 2, the Right of Way is 2m from each side from the center of the pipeline in urban areas, while it is 6 meters from each side of the center of pipeline in the rural or semi-structured areas. Right of way restricts mining activities, construction on the line but no restrictions for plantation. During the construction phase of the pipeline, an area of 20 meters will be expropriated for the purposes of digging the pipeline temporarily.
1.3 Land Needed for the Project
The implementation of the project might result in two types of land expropriation: temporary land acquisition along the 105 km length of the pipeline, and permanents land expropriation for the valve rooms.
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Table 1: Generic Overview of the Lands Needed for Project
Type of lands Area of lands
Temporary lands needed during the construction (105 km X 20 meters needed for construction. Without deducting the crossings and the canals)
(2.100.000 m2)
Permanent lands needed for the valve rooms (12,600 m2)
Permanent restriction to use lands for mining, planting certain types of trees, and construction activities
(1,260,000 m2)
Based on rough estimates from the Agriculture Directorates, the majority of the line is located in old agriculture lands. The following map illustrates the areas where the pipelines will pass through:
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Figure 2: Map for the full route of Nubaria-Metnama
1.4 Rationale of the RAP
In compliance with the OP 4.12, the RAP is implemented to ensure fair economic compensation to the affected crop owners through a consultative and mutually agreeable process. This RAP relates to the land needed for the proposed construction of the gas pipeline, due to the nature of that temporary land acquisition.
This Resettlement Action Plan covers the following topics:
1. Existing legal and policy framework for land acquisition;
2. Description of compensation and other resettlement assistance to be provided;
3. Institutional arrangements and consultations with affected people about acceptable alternatives;
4. Census survey of displaced persons and valuation of assets;
5. Institutional responsibility for implementation and procedures for grievance redress;
6. Arrangements for monitoring and implementation; and
7. Timetable and budget.
Local cultivation is taking place along the Nubaria - Metnama gas pipelines, where farmers own or hire land. In most of the cases, the farming activities are the sole source of livelihoods for the local farmers
1.5 RAP Objectives, Principals and Methodology
1.5.1 RAP Objective
The main goal of the RAP is to apply the project activities with the least disturbance to the communities hosting the project. In order to achieve this goal the following objectives have been developed:
1. To identify and assess the potential social impacts of the project and recommend mitigation measures. For the Project Affected Persons (PAPs), who would require some form of assistance, compensation, rehabilitation or relocation (if needed) , the goal is to identify and quantify their different categories, and to prepare the socioeconomic/inventory/census survey
2. To describe the existing Egyptian legal and policy framework for land acquisition, as well as, to review the laws and regulations that apply to reclaiming informally settled public land, involuntary eviction, and resettlement. In addition to review World Bank (WB) policy OP 4.12related to resettlement and ensure that the RAP is developed in full compliance with these policies and the national laws.
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3. To prepare a detailed entitlements matrix listing all likely effects relevant to classifications related to assets and resources.
4. To prepare standards for compensation or restoration of land affected by the project and to set the standards for replacing any types of losses, as appropriate.
5. To develop clear executive time plan for the RAP’s implementation, linking the steps of project implementation to the various project components. Further to include the institutional responsibilities and monitoring parameters.
6. To develop a communication and consultation plan for GASCO to implement throughout the various stages of the project cycle.
7. To identify the institutional responsibility utilized for implementation and procedures for the grievance redress. In addition to identify the mechanisms available for crop and land compensation.
8. To consult the agencies responsible for compensation and land acquisition, such as GASCO, and to determine their roles and responsibilities.
9. To highlight the monitoring, time plan, and implementation procedures.
1.5.2 World Bank Principles and Standards
1. Bank 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. The OP 4.12 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.
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 persons3should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.
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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.
A project specific policy was developed, and outlined below:
Principles of Compensation Entitlement
a) All persons associated with rights to the ownership or use of the property to be acquired
shall be entitled to compensation. Compensation shall be due for, but not limited to, the
following physical elements: i) Land, ii) Residential structures, iii) Non-residential structures,
iv) Private infrastructure, v)Standing crops, vi) Trees, perennial crops
Two forms of additional compensation are defined:
Mandatory: Compensation for the costs incurred (e.g.) in relocation; removal costs, insurance,
and lost income.
b) Compensation values is assessed at replacement costs and at replacement value at market prices
with a further additional costs included for the effect of compulsory acquisition;
c) Compensation is cumulative. Each compensation item is additional to the compensation claim.
This is particularly important in ensuring equity in all valuations and dealings. Single, lump sum
valuations do not promote transparency; and,
d) Equity considerations also dictate that all compensation dues are treated equally. There can be
no priority between equal competing claims.
e) The affected lands, crops, economic activities on the ROW should be considered, estimated and
compensated.
1.5.3 RAP Methodology
The methodology of this RAP used a multi-pronged research approach to collect data on; and to carry out the following:
1- The inventory of all affected persons
2- The consultation
3- Crops and assets valuation and the compensation package
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1.5.3.1 Methodology of the RAP preparation
Data for the RAP was carried out between May-December 2012 to fulfill the above mentioned objectives. The main adopted methodology was the Participatory Rapid Appraisal which focused on data collection in cooperation with stakeholders and community people. Data on crops is collected just prior to construction works in order to ensure that community members are appropriately compensated for the crops that are directly impacted by the construction work. For this type of impact, 1 a rapid survey is conducted prior to the construction activity, project affected persons are consulted with on the crop compensation and these results are summarized in a RAP addendum, each of which are cleared by the World Bank safeguards specialists. As with the RAP, the addendums are also translated and made available to the affected population.
This study relied upon different sources of data, which are:
1. Secondary data through reviewing
o Egyptian Human Development Report 2010 and CAPMAS reports and census
o Environmental and Social Impact Assessment for Nubaria- Metnama
o Resettlement Policy Framework
2. Primary data consisted of the use of the following tools
o Census sheet
o Compensation sheet
o Discussions with GASCO compensation committee, Petrojet engineer, and Agricultural Associations
o Consultation with the stakeholder through the following activities:
- Scooping sessions during the preparation of the ESIA
- Public consultation in Menoufia and El Behira Governorate
- Consultations conducted with the project affected persons during the RPF preparation
- Consultations conducted with the PAPs during the RAP census
3. Observation of the areas in order to address the PAPs
1.5.3.2 Methodology of the Inventory of All Affected Persons
1The agriculture season lasts for 6 month. Since the project cycle covers three seasons, the nature of cropping will be
different at different stages of the construction works.
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Prior to the implementation of the project activities the following steps have been taken in order to
prepare the RAP:
- The ROW was identified according to Gas pipeline Law 4 for year 1988
- Letters were sent to the Governorates to inform about the project activities that will be implemented in the four Governorates
- Different meetings were conducted with site engineers (Petrojet), the Compensation Committee and the Social Development Officer in GASCO to address the potential project impacts. Later on, preliminary site visits were paid to the PAPs.
- Reviewing the Resettlement Policy Framework of the project and the Environmental and Social Impact Assessment in order to identify the potential PAPs and the proposed strategies for mitigation
- The project affected persons census and compensation form were prepared in cooperation with GASCO team and reviewed by the WB.
- Based on the Egyptian regulations for crop compensation, it was recommended to contact the Agriculture Directorate/ Association in the potential zones that will be expropriated temporarily. The Agricultural Directorate/ Associations sent a list of crops valuation and the other items that necessitate compensation i.e. modern types of irrigation that might be affected.
- The affected areas were screened during the inventory. The PAPs were addressed according to their type of loss and the administrative governorate. The whole (105 Km)line was covered in order to identify the affected people there, in addition to highlighting their potential loss of assets, crops.
1.5.3.3Methodology of Consultations Consultation is one of the essential requirements of the WB. Thus, the study team tried to adopt a
multilevel of consultation. The client, the stakeholders and the PAPs were consulted along the
process of RAP preparation. Following are a description of consultation activities implemented up
to date:
a) Discussion with the client representatives (GASCO)
The discussion with the affected people was crucial in order to: 1) Address the locations and
range of households affected including the range of impact; 2) Identify the final routes of the
project, 3) Highlight the potential impacts of the project that might need land acquisition,4) Set
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focus on the potential activities and compensation methods to be applied, 5)Evaluate the
institutional capacity of GASCO to apply compensation strategies.
The RAP team observed through different meetings with the personnel that the Compensation
Committee was openly transparent about all the procedures they applied. Meetings were
conducted with the head of the PMU, Environmental study experts, the social officers, the
Compensation Committee members (accountant, lawyers and enginners)
b) Consultation with stakeholders,
Consultation with the stakeholders is a continuous process along the project life.
Consultation activities started during the ESIA preparation, the RPF and the RAP survey.
Public consultation took place in Menoufia and Behira Governorates
- Menoufia Public Consultation took place on the 17thof February 2011
- Behira Public Consultation was held on the 25th of May 2011
Different scoping sessions with the community people, especially, Agriculture
Directorate and Associations
Meetings conducted with the governor to inform him about the project
Meetings with other stakeholders during the site visits conducted to the affected
areas
c) Consultation with PAPs
It is the policy of the WB to consult with community people regarding potential compensation,
grievance mechanism and other issues related to compensation and mitigation measures that might
be applicable to the affected people. The PAPs were consulted since project inception:
During the ESIA, scoping sessions and public consultation were held to identify their
perception, worries and their attitudes towards the project by the end of January – February
2011
During the RPF, they were consulted to identify their perception related to the potential
impacts by the end of January – February 2011
During the RAP, almost the majority of PAPS along the line were consulted. Moreover,
their inquiries, worries, recommendations and perceptions were highlighted. Consultation
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activities were applied during September 18th and December 10th -12th . The affected
company (Pico company) was consulted during the RAP by the RAP team in cooperation
with Petrojet team on the10th of December. The owners of ranches close to Giza North
Power planted were informed through their ranches guards. Detailed information will be
provided under chapter 5 section 5.1
This process adopted community tailored approach for consultation. Individual meetings,
house gathering and transportation consultations were applied. Seemingly, the PAPs are not
reluctant to host the project due to the good reputation of Natural Gas companies that were
famous for their fair compensations. The PAPs reported that they have some inquiries
related to the value of compensation, how and when they get their compensation. Detailed
information about consultation with PAPs is developed in the consultation section
presented in this study.
1.5.3.4 Methodology of crops and assets valuation and the compensation packages
Through having different site visit for the pipeline route, the following was achieved:
Identification of the potential impact
Highlight the potential loss of assets, crops, livelihood …etc.
Provision of a list of crop/ trees prices by the directorates
The governorates identified the potential project asset value (irrigation ditch, wire fence, stakes
In case of having special cases (i.e. Pico Company) which has completely unlisted items, negotiation
according to the value of market price will be the main guidance to identify the potential value.
a. Regarding the loss of crops and trees
It was noted that the project would result in a temporary impact on the crops and lands. However,
the impacts of trees will be permanent. Therefore, the study team relied upon the pricing lists
provided by the Agriculture Directorates for the crops (sample of prices is put as Annex III).Based
on the meetings conducted with PAPs, the value cost covers replacement cost of tree. As well, the
implementing company allows the owner of tree to remove the trees to other plots of land during
the construction. However, the PAPs will receive a full compensation for the trees.
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It is worth mentioning that such pricing lists were not sufficient, as some other factors might be
considered in valuation2.These factors were provided by the related Agriculture Directorates for
example:
Type of irrigation system (50.0% raise in the price of affected crops and trees)
Age of trees
Plantation inside green house (100% raise in the price of affected crops and trees)
b. Temporary loss of lands
The lands that have no crops (uncultivated lands) were valuated according to their productivity
status. The fertility of lands varied according to its productivity (It was essential to set a group of
determinants that might influence the compensation valuation. Following are the main determinants:
1)Access to the lands, 2) Status of land, 3) Effort exerted to prepare lands for cultivation, 4)Renting
of the land according to the market value in the area
c. Temporary loss of assets
The main asset noted in the project area was the modern irrigation system (hose that irrigate plants
by dripping water) During construction, farmers are asked to move the hose and reinstall them after
the completion of construction activities. They are paid for this process as some workers might be
hired to move the hose, as well, the hose might be damaged. The valuation of this type of irrigation
is mainly based on the pricing lists presented by the Agricultural Directorates in the governorates.
Some of the governorates calculate the irrigation system separately, while other governorates pay
50% more of the value of compensation for crops. All the affected households in Behira, Menoufia
and Giza Governorates use this system. The total number of the project affected persons applied
this irrigation system are 212 households and companies
According to the expropriation law No. 10 of year 1990 and the institutional responsibility for crop
valuation, the Ministry of Agriculture is the responsible entity for crop valuation. The second type of
asset reported was the rooms that are constructed on the farms(might be used as barn). There are
five rooms in the project areas. The governorate addresses the estimated value for compensation
which was up to 5000 EGP per room size 2*3 m. Table 2 contains detailed information about the
project impacts.
2 That is mainly in Giza Governorate
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1.6 Preparation of Resettlement Action Plan
The preparation of this RAP also builds on data collected during the project ESIA and the RPF preparation process. This is a brief description of the main two studies.
1.6.1 The ESIA
The ESIA study was conducted during the first two weeks of February 2011. It was the peak of the Youth Revolution in Egypt. Due to this fact, the study teams faced some problems in investigating the community people and taking the needed photos. However, due to the approach used, community people were more open to speak freely.
The consultation activities carried out as part of the scoping and disclosure of the ESIAs showed
clearly that farmers believe that as long as their rights in fair compensation are guaranteed, they are
willing to accept the projects and the various temporary or permanent land expropriation. However,
the current political changes underway in the country after the people-led Revolution of 25th of
January 2011 necessitates for more community participation in the compensation process.
The present political situation supports that a more participatory approach undertaken for data
collection to elicit community viewpoints. GASCO has demonstrated that involving community
level grievance redress mechanisms is crucial in order to minimize conflict. Community level
grievance redress mechanisms should involve the engagement of natural leaders from the villages or
trustworthy members
The ESIA study was originally prepared to cover the potential environmental and social impacts of
the new gas pipeline that starts at El Nubaria – Metnama, with total length 105 km, including the
pipeline and pressure reduction station at north Giza power station. List of participants in
consultation activities (ESIA scoping sessions, public consultation in Menoufia and Behira is
included in (Annex XI).
It is crucial to note that during the Public Consultation the females were represented strongly in the
above mentioned activities at about 15% of the participants were among females. Young people also
were interested to attend different events applied. At least 20% of the participants were among
young groups less than 25 years old.
1.6.2 The Resettlement Policy Framework
The RPF was prepared by conducting several consultation activities with concerned Governmental departments, project affected people, neighboring communities and GASCO personnel. The preparation of the RPF is also based on the experience of GASCO in other similar projects. The discussion with the concerned bodies included information about the Egyptian Laws, views on the application methods and timing of execution. Moreover, as part of the preparation of the ESIA and the RPF, public consultations planned with the objectives of sharing the studies’ findings and get the feedbacks and comments of the concerned stakeholders. More emphasis paid to the land acquisition issues and compensation mechanism.
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1.6.3 Development of Resettlement Action Plan
RAPs are prepared as mitigation plan for all social impacts of the project particularly impacting land, assets/infrastructure ”The main impact results due to the implementation of this project will be temporary land acquisition during the construction phase. In addition to the long-term restriction to use the lands located on the ROW identified according to Law No. 4 of year 1988 for certain types of trees or for construction. The total estimated affected people are less 236 households (the majority of them are extended families).
RAPs are prepared for all persons whose lands, assets or livelihood status will be affected temporarily or permanently. The RAP process started after receiving different approvals on the project (Ministry of Agriculture, Agriculture Directorate, Ministry of Irrigation, EEAA, and the Army). The base of the RAP has been developed and discussed with the World Bank The he following activities were undertaken to prepare the RAP, which includes the whole line (105 Km) along the route.
Categorization of project activities with respect to land needs
Conducting of socio-economic survey to determine assets and households affected
Organization and conduction of stakeholders consultation
In case of any change in the inventory results, an addendum will be prepared and reported to the WB for approval.
1.7 RAP Study Team
EcoConServ has a clear understanding of the requirements set out in the Terms of Reference for the RAP, and provided a team of expertise in all the areas critical to conducting a successful RAP for the project. A diverse team was composed from the consultation firm, Petrojet (the project contractor)and GASCO. Further, the Agricultural Associations was responsible for identifying the compensations. The following is the team composition according to their role:
Two key experts in RAP studies and Resettlement action plans were dedicated to finalize the study objectives, methodology, tools etc. and finalizing the report.
Eight interviewers were mobilized to collect data in cooperation with GASCO and Petrojet engineers, Social Officers from the PMU
EcoConServ consultant collected the data needed about the PAPs and applied household questionnaires.
In addition, a data management specialist and a data analyst were supported by a data entry and coding person.
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GASCO supported the study team with engineers from the Petrojet (GASCO contractor). They accompanied the study team in order to show them the sites of pipelines, access to the lands and the ROW. Moreover they developed the measurements of lands, trees and made the valuation of the compensation needed
The combination of the team was competent to achieve the different objectives of the study and enabled the team to gather rich information about the land owners, tenants and exact value of affected lands, assets, etc. that are in compliance with the Egyptian Expropriation Law.
The activities implemented by the whole team were:
Preparation of the work plan
Attending all meetings allocated to explain the compensation activities
Provide training on the surveying tools
Provision of the documents needed for the study
Site visit and data collection
Data management
Other additional activities needed for reviewing the documents
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CHAPTER TWO: DESCRIPTION OF POTENTIAL IMPACTS
This chapter will cover the following:
Potential positive environmental and social impacts
Potential negative social impacts
Mechanisms and procedures to put limitations for land acquisition
The project’s expected result includes several positive social impacts that are elaborated in more details in the ESIA. The impacts, most importantly, include:
2.1 Potential Positive Environmental and Social Impacts
Achievement of the previously mentioned project objectives represents many of the social and
economic benefits, and will support the achievement of Egypt's strategy for the energy sector. The
most significant positive impacts to be achieved are:
To provide work opportunities for local untrained labor within the community or limited trained labor in construction works, as well as opportunities for engineers, welding and coating workers, marine employment (assistance), and supervisors allocated from the contracting company (Petrojet) .
To achieve increased commercial activities (such as restaurants and cafes) at construction sites, which exist in the rural areas of Qalubia, El Behira and Menoufia.
To stimulate the sale and rental of building materials and construction equipment at the targeted areas. Where such projects provide a good marketing opportunity, particularly as a result of distance from the production plants that are buying from them in bulk.
Increased opportunities for workers in the various means of transportation in the different locations, and in particular light transportation means, such as motorcycles and Tuk Tuk which spread in the governorates of Qalubia, El Behira and Menoufia, and also ferry owners in these areas.
Contribute to improving the opportunities for targeted communities to benefit from the natural gas service.
Utilization of housing units for the project management at site, as well as to accommodate the workers.
Achievement of sustainability and continuity of the energy source, which is environmentally safer and comes with less economic cost. The life span of the facilities used to generate electricity at power stations that will be supplied by gas will be extended. This will lead to improved continuity of electricity in the targeted governorates of Egypt.
The ability to make subsidiary gas connections for the various governorates, which could result in delivery of natural gas to houses around the clock.
Economic benefits as a result of using sustainable local source of energy at the power stations, which will work on the stability of the fuel cost price, unlike other unstable sources such as fuel oil and diesel fuel. This will also reduce the subsidiary cost of petroleum materials which overburden Egypt.
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2.2 Potential Negative Social Impacts
2.2.1 Negative Social Impacts during Construction
There is an effect on the socioeconomic conditions of the community people, due to the expropriation of their crops , which represents the main source of income for them. The implementation of the project will necessitate expropriation of a plot of land about 500 Feddans(2,100,000 m2)(that was a calculation of the agricultural lands facing the line.) during the construction. It was very difficult to estimate the numbers of potentially affected people due to the limitation of information about them
Accumulation of wastes in the construction areas might make community people suffer from insects and unfavorable smells is one of the potential unfavorable impacts.
During construction, the digging and storage of wastes will take place in an area of 20 meter width multiplied by about 105 km length. The following are the potential impacts result:
The crops and trees should be eliminated from the pipeline areas
Accumulation of solid wastes result from digging
Land acquisition during construction (applicable on reclaimed empty lands or other types of lands needed)
Moving of the modern type of irrigation system
Potential damage for small ditch canals
Potential removal of barns and small rooms allocated for generators storage in the farms
Potential impacts on the covered disposal system
2.2.2 Negative Social Impacts during Operation
The possibility of a gas leakage or the occurrence of fires, which could affect the residents in the
area, is a concern. This would have a significant effect on health, as well as induce a financial
burden on the owners of destroyed property.
The other element is the possibility of extending the residential mass to the pipe line routes, which
could lead to encroachment on the line. This is likely significant, especially after the marginalization
of localities and policemen.
During operation, there are many potential negative impacts due to the limitation of land use:
Restriction to construct building on the pipeline, 2 meters from the line in urban areas and 6 meters from the line in rural areas are banned to construct on
Limitation of planting trees on the line. Therefore trees are planted around the line
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2.2.3 Negative Impacts Result due to land acquisition and lose of livelihood
The project will extend along 105 kilometer; the following is a summary for the affected lands
Temporary lands that will be expropriated during the construction phase 20* 105 km = (2.100.000 m2)
Permanent lands needed for the valve rooms that will be purchased, about three feddans total (12,600 m2)
Permanent restriction will apply to the use of the land (2 m) in urban areas – (6 meters) in rural areas from the center of the pipeline above or near the line for construction or buildings. (1,260,000 m2)
In addition to that potential loss of assets (irrigation network, constructed buildings…etc.) was ratified by the affected people
Based on team observation, the crops in the area are diverse and involve fruit trees which grown in orchards included mango, date palms, olives, oranges, pomes, grapes, and guava. Winter crops include wheat, broad beans and clover, as well as vegetables including tomatoes and onion. Summer crops are maize and melons
Under the Nubaria-Metnama gas pipeline, the PAPs are mainly farmers whose lands will be used by the project either temporarily or permanently. Those who will be affected temporarily are the farmers whose lands will be crossed by the pipeline. In this case the impact is limited to the construction phase, which might result in destroying crops or removing trees. Once the construction phase is over the farmers can restore their farming activities with no restrictions. In the meantime, this type of projects also involves a need for permanent land acquisition, which happens in one of the following cases:
During the project construction, there is a need for land expropriation to establish the PRS. In this case GASCO buys land from the farmers at full replacement value at market prices. However, this is not the case under this project since PRS land has been already secured as part of the power station.
Establishing the valve rooms requires permanent land acquisition. According to GASCO the valve rooms land is purchased with full replacement value at market prices from the owners of the land. All of the valve rooms have not been purchased yet.
The third case might happen during the project operation in cases where the agriculture land gets inside the official urban borders as a result of urban expansion. In this case, and by law, the owner of the land is allowed to use the land in construction purposes. In such cases and in order for GASCO to secure the land where the pipelines are crossing and prevent any activities that may damage the pipelines, they buy land form the owners in replacement value at market prices under satisfactory, agreeable and appropriate manner.
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Table 2: Gas Pipeline Impact Matrix – OP 4.12
Detailed list of impacts Permanent Land Acquisition Temporary Land Acquisition (during construction)
Total amount of land
Total HH affected
Total HH/persons displaced
# of businesses affected
Total amount of land
Total HH affected
Total HH affected (per total family members)
# of businesses affected
Behira Governorate
Uncultivated agriculture lands (owned by state)
Uncultivated agriculture lands (owned by individuals)
Empty lands (not defined as arable land) 2,119 m2 2 30
Lands cultivated by crops 432,650 m2 58 870
Needed lands for valve rooms (each valve rooms require 1050 m2) 3,150 m2
3
45
Total affected trees 71,026 69 1035
Menoufia Governorate
Uncultivated agriculture lands (owned by state)
8,800 m2
Uncultivated agriculture lands (owned by individuals)
24,000 m2 2
30
Empty lands (not defined as arable land) 22,000 m2 3 45
Lands cultivated by crops 100,400 m2 22 330
Needed lands for valve rooms (each valve rooms require 1050 m2) 3,150 m2
3 45
Total affected trees 24,563 72 1080
Giza Governorate
Uncultivated agriculture lands (owned by state)
Uncultivated agriculture lands (owned by individuals)
Empty lands (not defined as arable land) 10,000 m2 1 15
Lands cultivated by crops 48,000 m2 5 75
Needed lands for valve rooms (each valve rooms require 1050 m2) 2,100 m2
2 30
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Detailed list of impacts Permanent Land Acquisition Temporary Land Acquisition (during construction)
Total amount of land
Total HH affected
Total HH/persons displaced
# of businesses affected
Total amount of land
Total HH affected
Total HH affected (per total family members)
# of businesses affected
Total affected trees 10,250 11 165
Qalubia Governorate
Uncultivated agriculture lands (owned by state)
Uncultivated agriculture lands (owned by individuals)
Empty lands (not defined as arable land)
Lands cultivated by crops 145,000 m2 19 285
Needed lands for valve rooms (each valve rooms require 1050 m2) 4,200 m2
4 60
Total affected trees 713 5 75
Total
Uncultivated agriculture lands (owned by state)
8,800 m2
0
Uncultivated agriculture lands (owned by individuals)
24,000 m2 2
30
Empty lands (not defined as arable land) 34,119 m2 6 90
Lands cultivated by crops 726,050 m2 104 1560
Needed lands for valve rooms (each valve rooms require 1050 m2) 12,600 m2
12 180
Total affected trees 106,552 157 2355
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Table 3: Project impacts by type of loss
Serial no.
Type of Impact Total affected number
Governorates
Behira Menoufia Giza Qalubia Total
A. Affected Lands and trees
1 Uncultivated agriculture lands (owned by state) 8,800 m2 8,800 m2
2 Uncultivated agriculture lands (owned by individuals) 24,000 m2 24,000 m2
3 Empty lands (not defined as arable land) 2,119 m2 22,000 m2 10,000 m2 34,119 m2
4 Lands cultivated by crops 432,650 m2 100,400 m2 48,000 m2 145,000 m2 726,050 m2
5 Needed lands for valve rooms (each valve rooms require 1050 m2) 3,150 m2 3,150 m2 2,100 m2 4,200 m2 12,600 m2
6 Total affected trees 71,026 24,563 10,250 713 106,552
B. Affected Assets
11 Rooms 5 0 0 0 5
12 Irrigation Network 102 39 71 0 212
13 Green houses 75 155 0 0 230
14 Wire net 2 0 0 0 2
15 Banana tents 1 0 0 0 1
16 Well 3 0 0 0 3
17 Water station 3 0 0 0 3
18 Irrigation ditch 4 0 0 0 4
C. Affected people
21 Owners 102 39 71 42 236
22 Tenants 17 0 0 0 17
23 Companies 1 1 1 0 3
* the areas of affected lands represent (uncultivated agriculture lands/ non agriculture lands- lands cultivated
by crops and state lands) However lands planted by trees were not calculated due to the fact that these lands
are not considered as affected lands but affected trees
2.3 Mechanisms and Procedures to Put Limitationson for Land Acquisition
GASCO compensation committee, in cooperation with the project designers, did their best to minimize the level of land needed throught selecting the appropriate route that is close to the right of way for main roads or the lands passing desert areas. During the site visits, it was observed that the line avoids all constructions except for few number of small rooms that are used for animals.
GASCO tried to put limitations on land acquisition for two reasons’) To minimize the budget allocated for compensation, ii) To implement the project with the least disturbance and resistance from community. In order to achieve this goal the following has been done:
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During designing phase a proactive mechanism was applied to avoid any potential impact on the physical assets (buildings, constructed hamlets)
The selected routes pass through empty lands that lie nearby the canals or main roads
Applying more than one site visit to select the appropriate route and the need of any modification on the design
Fences, trees and any other fixed asset should be avoided.
Close monitoring of the project routes, so that whenever a new construction is implemented, the monitoring officer immediately report to stop any encroachment on the lands
2.4 Extent and Duration of Impact (permanent or temporary)
As it was mentioned before, two types of impacts will be faced:
Permanent impact:
The lands needed for valve rooms.
Restriction to use lands for construction due to the right of way
Restriction for plantation of certain types of trees with roots on the pipeline Temporary impact:
Lands needed during the construction to install the pipeline (20 m width * 105 km)
Lands needed to accumulate digging wastes (included in the previous land 20m wide)
Irrigation system, green houses, and fences that should be moved during the construction
2.5 Census Survey Results
The number of project affected people along the pipeline will be up to 236 household/ extended families along the 105 km. However, under those affected households live about 3500 individuals They are mainly the farmers who will lose their crops, assets or lands temporary during construction. In addition, they will be the ones who are restricted to use their lands for construction purposes or planting long root trees during the operation phase.
Table 4: Distribution of Project Affected People by type of Loss
Sl. no.
PAPS Affected number
Governorate
Behira Menoufia Giza Qalubia Total
1 PAPs who will have their uncultivated agriculture lands affected
2 2
2 PAPs who will have their empty non arable lands affected
2 3 1 0 6
3 PAPs who will have their lands cultivated by crops affected
58 22 5 19 104
4 PAPs who will have their trees affected
69 72 11 5 157
5 PAPs who will lose their assets 96 5 1 0
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** The same PAP might lose more than one object (lands, assets, trees)
2.6 Baseline Socioeconomic Profile
The project will pass through four main governorates, namely, Behira, Giza, Menoufia and Qalubia. The four project areas rely mainly upon agricultural activities. They are famous for the traditional crops and fruit trees that are not restricted to be planted on the pipeline according to Law 4 of year 1988..
The site visits conducted during the RAP process revealed that the project will pass by the following categories:
Behira and Menoufia governorates
1- All of the PAPs rely upon agriculture activities
2- From km1 to km 56 extended families are the main type of households
3- The households respect their leaders (regardless of their gender) mothers, fathers and the elder brother have influence on the rest of the house members
4- PAPs invested to get land reclaimed in certain desert lands. The RAP team was informed that these investment reached up to 100.000 EGP per feddan..
5- The majority of them own their house.
6- Siblings live with their families after being married.
7- The majority of them own all appliances and truck
8- Thereafter comes the Bedouin tribe named after El Arabwia, who is characterized by obedience to the head of the tribe. During the site visit, the study team hired one of them to facilitate data collection. They were satisfied to have this person hired by the study. They offered to support the project, mainly, for security purpose (El Ghafra ). They have their own lands which vary between 2 Feddans( Feddan = 4200m2) to 50 Feddans. They are relatively of wealthy households. They live in extended families. There is no individual ownership for lands. It is the property of family (family based ownership.) They are committed to their norms and traditions. They own their houses, lands, appliances and trucks. They live in the area located from Pico Company km 17 to Km 56 close to Giza Governorate. They rent their lands with no documents.
Regarding Pico Company, it is one of the biggest companies in the field of food products. The company expands for 3.5-4 km. They have developed farming techniques, advanced irrigation system, Roadway Lighting Fixture, certain type of fence, ornamental plant and generator rooms. These specifications of the company assets made it difficult for the Compensation Committee to have a clear evaluation for the assets. Consequently, different meetings were conducted with the
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board of directors in Pico to discuss the route inside the company and the potential compensation for the affected assets, which were not evaluated by the agriculture directorate.
Giza Governorate
From km 56 to km 67.The PAPs who live in Giza are of the highest socioeconomic conditions. They own their lands, houses, cars. They are literate. They have their legal status of lands ownership. They leave their lands for staff to run their orchards, However, some of them run their orchards by themselves. The main type of crops in Giza are citrus trees and mangos.
Qalubia Governorate
The PAPs accommodate in the area started from Giza North power plant to Km 105
This governorate is relatively of the least socioeconomic conditions
The areas are more likely to be semi-urban areas
The average ownership of lands is relatively limited
Urbanization in the area is relatively rapid, particularly after the 25th of January 2011 Revolution
The reluctance to host the project in the area is relatively high due to the urbanization activities, particularly, due to the ROW.
The main crops in the area are clover, wheat and onion
The above-mentioned information was based on the interviews conducted during the preliminary census and observation for the areas.
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CHAPTER THREE: LEGAL FRAMEWORK
This chapter will cover the following:
Policy references
Gaps Between Egyptian Regulations and World Bank Policies
Summary of GASCO Compensation System for Affected Lands, Crops and Trees
3.1. Policy References
This is a summarylist of all Egyptian Laws that are applied to this RAP:
Government of Egypt Relevant Legislation
o Law No. 4 of year 1988 related to gas pipelines Article No. 2. This Law identifies the right of way and the limitation to use the lands above the pipeline. As well, defined those who are entitled for compensation
o Law No.10 of year 1990 on the expropriation of real estate for public interest. o Law No. 217 of year 1980 related to Natural Gas which is the responsibility of
Ministry of Petroleum to declare the expropriation decree. As well, the necessity to provide an appropriate compensation to the affected people. The safety of the constructions is assured according to this law (article 2).
o Law No. 346 of year 2007 that delegates the valuation of crops and trees for the Agriculture Directorate in the governorate that hosts the project.
World Bank Operational Policies
o OP 4.12 – Involuntary Resettlement
o OP 4.01 – Environmental Assessment
In addition to the above-mentioned regulations, the Agricultural Directorates set a list of prices for the crops located within their Zones.
Detailed description of Legal Framework is mentioned in the Annex VII
3.2. Gaps Between Egyptian Regulations and World Bank Policies
As demonstrated in the following subsections, there are policy gaps between the two systems. These differences arise mainly from policy issues and implementation difficulties specifically related to: (i) calculation of compensation, (ii) temporary acquisition of land, (iii) temporary occupation of structure, (iv) temporary loss of business, (v) resettlement at the new site, (vi) resettlement assistance, (vii) disturbance allowance,(viii) asset value increase, (ix) assistance to vulnerable groups, (x) access to timely and relevant information on sharing, (xi)grievance and redress mechanisms and, (xii) monitoring and evaluation.
The gaps between Egyptian regulations and World Bank policies are summarized as follow:
Egyptian practices of valuation have been substantially below the market full replacement value. The WB seeks for a full compensation cost. Thus, compensations to be paid
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according to what has been defined by the Agricultural Directorate with a limited space for negotiations with farmers.
The Egyptian law does not pay attention to the assistance during replacement, while WB stipulates that affected people are to be offered support after displacement, for a transition period.
According to the World Bank particular attention is to be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities. However, the Egyptian Laws do not consider this group. GASCO tries to fill the gaps through providing the compensation for elder and handicapped at their place. Immediate compensation is paid to the vulnerable groups
According to the Egyptian Laws, displaced persons are provided timely and relevant information. Not consulted on resettlement options Not able to participate in planning, implementing and monitoring resettlement. However, the WB declared that displaced persons and their communities are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. GASCO consult people and provided them with the needed sufficient information
Specialized committees for that purpose and time of one month to object to the decision of
resettlement. Four months to object to the compensation value. While the WB emphasize on having
an appropriate and accessible grievance mechanisms to be established. GASCO grievances
mechanism is relatively applied in proactive way. Through meeting with the PAPS in the
construction sites and accompany them during the compensation process. In case of any complains
during construction the civil resident engineer is informed about the problem. In case of having
resistance to the compensation value, the negotiation handled on the site might solve the problem.
The development and implementation of the RAP will comply with national laws, local regulations
and World Bank Policies on Involuntary Resettlement (OP 4.12). In case of any discrepancy
between the national laws/decrees and OP 4.12, The WB policies and procedures including op.
4.12 should prevail as per the loan agreement.
For detailed discussion for the legislation, see Annex V.
3.3. Summary of GASCO Compensation System for Affected Lands, Crops and Trees
1. According to Law 10 Year 90, a temporary land acquisition decree is issued for the land required for the establishment of the pipeline route. The decree is enforced after obtaining the official agreement from the Local People Assembly. In addition, an approval from the agriculture minister should be obtained for the agricultural lands the line will pass through. Another approval from the minister of petroleum should be obtained for temporarily land acquisition
2. Compensations are also paid according to the decree of the Ministry of Agriculture 346/2007 that authorizes the governors in each governorate to constitute committees for crops and trees
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valuation according to the nature of the governorate with respect to quality of land and type of crop. The committee reference in the valuation process is the market price.
Maps should be prepared about the exact route and sent to the Agricultural Directorates through which the line will pass. The directorates identify the Agricultural Association offices on the line. The directorates mail them to participate with compensation committees in order to make sure that the compensations are paid according to their price lists in the governorate which is prepared and updated annually based on the market price.
An agriculture committee and the survey/inventory/census committee (formed from a representative from GASCO , a representative from the Contractor and a representative from the Agriculture Association where the line passes in) carry out the inventory survey and prepare lists of PAPs, amount of affected crops and trees for each affected farmer and the amount of compensation that should be estimated in accordance with the price of the crops and trees of the Directorate of Agriculture in the Governorate where the line will pass.
These lists should be approved by GASCO, the Contractor and the Agriculture association, and they should be announced in the Agriculture association.
GASCO should conduct introductory meetings with communities, including PAPs and vulnerable groups, in cooperation with the agriculture association, in order to inform the PAPs about the project, compensation and mechanisms. In case of any damage for the land-owner, land will be handed in the same condition as before the construction, the land owners or the farmers will be compensated for the affected crops according to the price list provided by the agriculture association. After the pipe line installation the farmer can cultivate his lands with no problems
Compensations should be paid to the affected people (legal or illegal owners and land renters) during that meeting. They should sign a document that they received their compensation and they approve to allow the line to pass through their lands. As well, they are responsible for any problems due to receiving the compensation
Later on other meetings will be conducted with land owners to continue compensation process
For the landowners who are not accepting the compensation, negotiation and dialogues will be
facilitated in cooperation with stakeholders (Mayor, Sheikh, local council, etc.) until agreement is
reached. In case of refusal, the project should get a higher level of mediation through the
compensation committee and the stakeholders (Mayor and Head of Agriculture Association) trying
to convince the PAP amicably. GASCO showed willingness to involve community level grievance
redress mechanisms in order to minimize the cases where conflict accelerates and necessitate the
resort to courts. Community level grievance redress mechanisms could involve the engagement of
natural leaders from the villages (Mayor- Head of Agriculture Association) or NGOs trustworthy
members. It is believed that the ESIA’s, the RPF and the RAP processes introduced the project
transparently to the hosting communities and channels of trust has been created between GASCO
and the local communities, particularly farmers. This approach is perceived to be a key proactive
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approach that goes in line with the World Bank OP 4.12. In case of the compensation rejection by
the PAP. He has the full right to draw his case to the Court. However, GASCO will deposit the full
compensation in the Court Safe box. This action will not have any impact on the implementation
plan.
3. GASCO will pay the full compensation in acceptable, appropriate and satisfying manner in agreement with squatters who cultivated agriculture lands without having official documents to prove their legal right.
4. In cases where the pipeline passes State owned land, no fees/compensations are paid and the Contractor is obliged to return the situation to its original conditions before construction. This is done in accordance with law 217/1980 related to natural gas and law 4/1988 related to gas pipelines and the ministerial decrees.
5. In cases where the pipelines passes land that is owned by any governmental agencies (e.g. the Irrigation, Tourism settlements, etc.), passing and construction of the pipelines permits shall be issued by the affected entity, and a compensation should be paid accordingly.
6. In cases of purchasing land for the purposes of the valve rooms, reduction and distribution stations, negotiations are carried out with the owner of the land before purchasing the land, according to the status of his ownership to the land (legal contracts, preliminary contracts, illegal possession or inheritance). Agreement is signed and approved by the Company’s Chairman. Hereafter, Egas, with its capacity as the mother company that GASCO affiliates to, will sign a preliminary purchasing contract with the land owners. Included that, in case of the land owner refuses to endorse the final contract, GASCO will raise the case to the court in order to validate the signature of the land owner (Sehet Tawqee) Consequently the purchasing contract will be valid(This case is named as Seha and Nafaz meaning the contract is reliable and should be executed).
7. In all cases GASCO is paying directly to the affected persons without any intermediary parties.
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CHAPTER FOUR: ENTITLEMENT,COMPENSATION ASSISTANCE AND VALUATION OF ASSETS
This chapter will discuss the following topics:
Entitlement Matrix
Valuation of Crops/Assets
4.1 Entitlement Matrix
There are various categories entitled for compensation and business restoration according to the World Bank. Below find a table to include the full listing of categories identified by the World Bank.
The following are the project-affected persons (PAPs) specified for this project that will be entitled to mitigation/compensation:
The owners of lands who might lose their agricultural land (legal or illegal owners): Temporary (complete or partial) loss of all or part of arable and grazing land located due to the construction activities
The owners of lands who might lose their land (legal or illegal owners): Temporary (complete or partial) loss of all or part of arable and grazing land located due to the construction activities
The tenants of lands who might lose their land or access to it(legal or illegal status): Temporary (complete or partial) loss of all or part of arable and grazing land located in the sub-project site (If they have legal or illegal rights)
The owners of standing crops, trees, and plants(legal or illegal crop owners): Permanent (complete or partial) loss of standing crops, trees, or plants
The owners, tenants are not restricted to reuse the lands according to RoW: Permanent limitation of use are only for certain types of trees according to Law No 4 for 1988.
The owners, tenants who are restricted to build on the RoW: Permanent prevention to construct under the ROWfor legal or illegal farmers
Vulnerable Groups: The main affected groups due to the implementation of the project are known as “vulnerable groups”. The project should provide the most attention to them. The study team did not find the vulnerable group category on the right of way (ROW) during the census survey.
The project revised the entitlement matrix developed during the RPF that was mainly based on the WB requirements. As well as, a tailored entitlement matrix was prepared during the preparation of RAP. Both tables are presented below. The main issue that needs to set focus on regarding entitlement and valuation for affected assets is that the compensation value developed by the Agriculture Directorate is based on the full market price prevailed in the governorate. As well as, the compensation strategy adopted by GASCO paid attention the cost of labor needed to move wires,
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hose rooms ditch under the lump sum allocated for compensation. All valuation decisions are taken in cooperation with the Agriculture Directorates.
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Table 5: Entitlement Matrix to meet Op 4.12 Requirements
Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues
Agricultural Land
Loss of arable and grazing agricultural land or access to it
Permanent (complete or partial) loss of arable and grazing land located in the sub-project site
Farmers / Individuals who have formal legal ownership rights to land
Provide cash compensation at replacement cost for the lost land3 plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes.
Provide cash compensation for loss of crops or trees at replacement cost.
A list of available arable and grazing land in each affected commune
A list of PAP and entitled persons
Consultations and formal agreement with PAPs on type of compensation (cash or in-kind)
If available and requested by the PAPs and agreed to by the sub-project and concerned authorities: provide equivalent land nearby, of similar size, value, and quality
In case of relocation, provide assistance to farmers during and after the relocation process
Provision of assistance to farmers to develop new crops and improve production for both crops and livestock
Poor and vulnerable PAPs (including the landless) will not be displaced until replacement land is provided
Loss of arable and grazing agricultural land or access to it
Permanent (complete or partial) loss of arable and grazing land located in the sub-project site
Farmers / Individuals who do not have formal legal ownership rights to land but have temporary or leasing rights
Provide development and transitional assistance in locating new replacement lease land.
Provide cash compensation for loss of crops or trees at replacement cost.
Loss of arable and grazing agricultural land or access to it
Permanent (complete or partial) loss of arable and grazing land located in the sub-project site
Farmers / Individuals who do not have any recognizable legal right or claim to the land
No compensation for land.
Provide landless PAPs with resettlement assistance in securing temporary or lease rights to replacement land
Provide cash compensation for loss of crops or trees at replacement cost.
Loss of arable and grazing agricultural land or access to it
Temporary (complete or partial) loss of all or part of arable and grazing land located in the
Farmers / Individuals who have formal legal ownership rights to land
No compensation for land if returned to owner in less than one year.
Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use.
If the temporary loss continues for more than one year, PAPs will be given a choice of either continuing with the temporary arrangements, or selling the
3Calculated at entitlement cut-off date.
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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues
sub-project site Provide cash compensation for loss of crops or trees at replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease.
affected land to the sub-project at full replacement cost at current market value
Provision of development assistance to enable farmers / land owners to restore land to its previous condition or better quality by providing measures to improve land quality in cases of land being adversely affected.
Loss of arable and grazing agricultural land or access to it
Temporary (complete or partial) loss of all or part of arable and grazing land located in the sub-project site
Farmers / Individuals who do not have formal legal ownership rights to land but have temporary or leasing rights
No compensation for land if returned to owner in less than one year.
Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use.
Provide cash compensation for loss of crops or trees at replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease.
Loss of arable and grazing agricultural land or access to it
Temporary (complete or partial) loss of all or part of arable and grazing land located in the sub-project site
Farmers / Individuals who do not have any recognizable legal right or claim to the land
No compensation for land if returned to owner in less than one year.
Provide cash compensation for loss of crops or trees at replacement cost.
Provision of development and resettlement assistance to landless PAPs with no legal rights.
Urban Land (Residential and /or Commercial)
Loss of urban residential or commercial non-arable land or access to it
Permanent (complete or partial) loss of urban residential or commercial non-arable land
Individuals who have formal legal ownership rights to land
Provide cash compensation at replacement cost of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes.
In the case that there are structures on the land, provide cash compensation at replacement cost
A list of available non-arable land in each affected commune
A list of PAP and entitled persons
Consultations and formal agreement with PAPs on type of compensation (cash or in-kind)
If available and requested
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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues
for the materials used to rebuild the structures or to partially repair an affected structure.
by the PAPs and agreed to by the sub-project and concerned authorities: provide equivalent land nearby, of similar size, value, and quality
Provision of development and resettlement assistance, mainly in the form of transition allowances for severely affected PAPs (transition subsistence allowance for food, moving incentive allowance, assistance in locating new residential or commercial leasing, and income transition allowance if businesses are affected).
Loss of urban residential or commercial non-arable land or access to it
Permanent (complete or partial) loss of urban residential or commercial non-arable land
Individuals who do not have formal legal ownership rights to land but have temporary or leasing rights
In the case that there are structures on the land which have been built by the users, provide cash compensation at replacement cost for the materials used to rebuild the structures or to partially repair an affected structure.
Provide development and transitional assistance in locating new replacement lease land
Loss of urban residential or commercial non-arable land or access to it
Permanent (complete or partial) loss of urban residential or commercial non-arable land
Individuals who do not have any recognizable legal right or claim to the land
Provide no compensation for land.
In the case that there are structures on the land which have been built by the users, provide cash compensation at replacement cost for the materials used to rebuild the structures or to partially repair an affected structure.
Provide landless PAPs with resettlement and transitional assistance in securing alternative commercial or residential land and to restore their livelihoods.
Loss of urban residential or commercial non-arable land or access to it
Temporary (complete or partial) loss of urban residential or commercial non-arable land
Individuals who have formal legal ownership rights to land
No compensation for land if returned to owner in less than one year.
Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use
Provide cash compensation for loss of crops, trees, or structures at replacement cost
If the temporary loss continues for more than one year, PAPs will be given a choice of either continuing with the temporary arrangements, or selling the affected land to the sub-project at full replacement cost at current market value
Provision of assistance to enable the land users owners to Loss of urban Temporary Individuals who do not No compensation for land if returned
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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues
residential or commercial non-arable land or access to it
(complete or partial) loss of urban residential or commercial non-arable land
have formal legal ownership rights to land but have temporary or leasing rights
to owner in less than one year.
Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use
Provide cash compensation for loss of crops, trees, or structures at replacement cost
restore land to its pre-subproject condition by providing measures to improve land quality in cases where land is adversely affected
Loss of urban residential or commercial non-arable land or access to it
Temporary (complete or partial) loss of urban residential or commercial non-arable land
Individuals who do not have any recognizable legal right or claim to the land
No compensation for land if returned to owner in less than one year.
Provide cash compensation for loss of crops, trees, or structures at replacement cost
Provision of resettlement assistance to landless PAPs with no legal rights
Structures or Buildings (Commercial, Business, Industrial, or Residential)
Loss of structures or access to them
Permanent (complete or partial) loss of structures
Individuals who have formal legal ownership rights to the structures
Provide cash compensation at replacement cost which equals the market cost of materials used to build a replacement structure with similar area and quality, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes.
A list of available structures in each affected commune
A list of PAP and entitled persons
Consultations and formal agreement with PAPs on type of compensation (cash or in-kind, i.e. relocation)
Loss of structures or access to them
Permanent (complete or partial) loss of urban residential or commercial non-arable land
Individuals who do not have formal legal ownership rights to land but have temporary or leasing rights (tenants)
Provide assistance in moving and finding similar and affordable rental accommodation (this may include moving allowance and rental allowance for a transitional period).
A 3-months’ notice - at least - to be given to the tenants.
Loss of structures or access to them
Permanent (complete or partial) loss of urban
Individuals who do not have any recognizable legal right or claim to
Provide cash compensation at replacement cost for the structures if they were built by the users.
The Environmental and Social Officer may look into the possibilities of
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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues
residential or commercial non-arable land
the land (squatters and persons in ownership dispute)
Provide assistance in moving and finding similar and affordable rental accommodation (this may include moving allowance and rental allowance for a transitional period).
formalizing the structures following their repair.
Standing Crops, Trees, and Plants
Loss of standing crops, trees, or plants or access to them
Permanent (complete or partial) loss of standing crops, trees, or plants
Farmers or individuals who cultivate the land and who have formal legal ownership rights to the land on which the crops are
Provide cash compensation for loss of crops, trees, or plants at replacement cost.
A comparative list of the prices of agricultural products in local markets.
A list of tree and plant species in the commune area.
The sub-project activities should take into consideration the cropping patterns and seasons in order to avoid partial or complete loss – if possible.
Loss of standing crops, trees, or plants or access to them
Permanent (complete or partial) loss of standing crops, trees, or plants
Farmers or individuals who do not have formal legal ownership rights to land on which the crops are but have temporary or leasing rights (tenants)
Provide cash compensation for loss of crops, trees, or plants at replacement cost.
Loss of standing crops, trees, or plants or access to them
Permanent (complete or partial) loss of standing crops, trees, or plants
Farmers or individuals who do not have any recognizable legal right or claim to the land on which the crops are
Provide cash compensation for loss of crops, trees, or plants at replacement cost.
Income or Access to Income (Commercial, Business, and Industrial Activities)
Loss of source of income or access to source of income
Permanent loss of income source or access to it
Owner or workers in formal registered businesses
Provide transitional cash compensation until new permanent employment is secured based on net income (for a maximum period of 6 months).
A list of available commercial, industrial, and business activities in each affected commune
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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues
Provide development assistance to PAPs (i.e. training in specific areas) in order to help them to maintain and/or improve their income generation potential and access to gainful employment.
A list of PAP and entitled persons.
The Environmental and Social Officer shall assist in the provision of development assistance to severely affected PAPs and vulnerable groups (i.e. design training programs, formalizing informal activities, access to credit, including them in the sub-project’s contractors’ specifications wherever possible).
Loss of source of income or access to source of income
Permanent loss of income source or access to it
Owner or workers in informal unregistered businesses
Provide transitional cash compensation until new employment is secured based on minimum wage per month in the respective district (for a maximum period of 6 months)
Priority shall be given to severely affected PAPs in the provision of any relevant employment in the activities related to the sub-project.
Loss of source of income or access to source of income
Temporary loss of income source or access to it
Owner or workers in formal registered businesses
Provide cash compensation for the duration of business/income generation that is disrupted based on net income.
Loss of source of income or access to source of income
Temporary loss of income source or access to it
Owner or workers in informal unregistered businesses
Provide cash compensation for the duration of business/income generation that is disrupted based on the minimum wage per month in the respective district.
Community Resources
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Loss of community assets or access to them
Permanent (complete or partial loss) of community physical assets
All members of the community
Affected land will be replaced in areas identified in consultation with affected communities and relevant organizations and authorities.
Provide alternative or similar resources to compensate for the loss of access to community physical resources
A list identifying community physical assets and resources (i.e., public hospitals, markets, fishing areas, grazing areas, fuel, or fodder).
If income loss is expected due to the loss in any community assets, compensation for this loss shall be in the form of development assistance to restore the livelihoods of the PAPs.
Loss of community assets or access to them
Temporary (complete or partial loss) of community physical assets
All members of the community
Restoration of affected community buildings and structures to original or better condition
Provide alternative or similar resources to compensate for the temporary loss of access to community physical resources
Loss of socio-economic and/or social-cultural relationships / networks or access to them
Permanent (complete or partial loss) of community non-physical assets
All members of the community
Provide development assistance to enable community members to take advantage of income restoration measures noted above.
Provide alternative or similar resources to compensate for the loss of access to community social capital.
Identify different forms of social capital from PAPs’ point of view (i.e. social credit, networks, social cohesion, etc.)
Consultation with PAPs to identify measures to rectify the permanent or partial losses in social capital.
Loss of socio-economic and/or social-cultural relationships / networks or access to them
Temporary (complete or partial loss) of community non-physical assets
All members of the community
Provide development assistance to enable community members to take advantage of income restoration measures noted above.
Provide alternative or similar resources to compensate for the temporary loss of access to community social capital.
Source: Adapted from the Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, Safeguard Policies Sector, Egypt, June 2006
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Table 6: Entitlement matrix of the project
No Type of Losses
Level of Impact
Entitled Person(s)
Compensation Policy & Standards
Type of compensation to be applied
Responsible entity
A. LOSS OF AGRICULTURAL LAND
1 Loss of arable and grazing agricultural land or access to it
Temporary (complete or partial) loss of all or part of arable and grazing land located in the ROW
Farmers / Individuals who have formal legal ownership rights to land (Tenants or owners)
Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use.
Provide cash compensation for loss of crops or trees at replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease.
*Cash Full compensation
GASCO (
2 Loss of arable and grazing agricultural land or access to it
Temporary (complete or partial) loss of all or part of arable and grazing land located in the sub-project site
Farmers / Individuals who do not have formal legal ownership rights to land but have temporary or leasing rights
Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use.
Provide cash compensation for loss of crops or trees at replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease.
Cash full compensation
GASCO
3
Loss of arable and grazing agricultural land or access to it
Temporary (complete or partial) loss of all or part of arable and grazing land located in the sub-project site
Farmers / Individuals who do not have any recognizable legal right or claim to the land
Provide cash compensation for loss of crops or trees at replacement cost.
Cash full compensation
GASCO
B. Loss of Standing Crops, Trees, and Plants
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No Type of Losses
Level of Impact
Entitled Person(s)
Compensation Policy & Standards
Type of compensation to be applied
Responsible entity
1 Loss of standing crops, trees, or plants or access to them
Permanent (complete or partial) loss of standing crops, trees, or plants
Farmers or individuals who cultivate the land and who have formal legal ownership rights to the land on which the crops are
Provide cash compensation for loss of crops, trees, or plants at replacement cost.
Cash full compensation
GASCO
2 Loss of standing crops, trees, or plants or access to them
Permanent (complete or partial) loss of standing crops, trees, or plants
Farmers or individuals who do not have formal legal ownership rights to land on which the crops are but have temporary or leasing rights (tenants)
Provide cash compensation for loss of crops, trees, or plants at replacement cost.
Cash full compensation
GASCO
3 Loss of standing crops, trees, or plants or access to them
Permanent (complete or partial) loss of standing crops, trees, or plants
Farmers or individuals who do not have any recognizable legal right or claim to the land on which the crops are
Provide cash compensation for loss of crops, trees, or plants at replacement cost.
Cash full compensation
GASCO
F. Restriction to reuse the lands
1 Restrictions to build above the ROW 2 meters from each side in urban areas and 6 meters in rural areas
Permanent prevention to construct above the ROW
Owners who have legal or illegal status to build on the land (if the land became officially an urbanized land not squatter)
Provide monetary compensation
Cash full compensation
GASCO
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No Type of Losses
Level of Impact
Entitled Person(s)
Compensation Policy & Standards
Type of compensation to be applied
Responsible entity
2 Restriction to build above the pipeline
Permanent prevention to construct above the ROW
Farmers who have legal or illegal status to reuse the lands (Squatter )
Remove any illegal construction with no compensation
Cash full compensation
GASCO
4.2 Valuation of Crops/Assets
4.2.1 Crop Valuation
The crop valuation depends mainly on the lists developed and provided by the Agriculture Directorate in the governorate. These lists are updated annually based on the change in the market price in the crops value. In developing these lists, the Agriculture Directorate considers the following criteria:
Type and age of tree
Tree status (fruitful or unfruitful) ( for example fruitful banana trees in Behira cost 104 EGP while the non-fruitful cost only 65. The seedlings cost less than 15 EGP)
Type of irrigation system (modern irrigation system 50% raise in crop price)
Planting inside green house (100% raise in the value of crop)
Any unidentified crop in the list is left to the valuation of the Compensation Committee who also considers the common market value and consult with PAPs and other key informants like the Agriculture Directorate for setting the compensation value.
To verify the prices indicated in the lists, the RAP team consulted the prices of some crops and trees with local key informants. This included the head of the Bedouin Tribe (Sheikh) and other trustworthy community leaders. The main objective of this exercise was to confirm the fairness of the proposed amount for compensation. The result of this exercise revealed consensus on the included value and agreement on their fairness as compensation.
4.2.2Asset Valuation
Based on the site visits to the affected areas certain assets were reported, they are as follows:
Barns (it will be evaluated according to the construction material and its area)
The irrigation ditch (will be compensated by meter according to the construction materials, or the contractor will rebuild it after the construction)
Irrigation system (Either add 50% raise to the crop/land value or being compensation according to the price declared in each agriculture directorate). The farmer is allowed to move it before the construction
Wire fence (to be identified by the Compensation Committee)
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The compensation allocated for the assets to be rehabilitated includes full replacement cost involving labor needed to rebuild the asset, construction materials and transportation cost. Some of the farmers who own lands that are located in an older pipeline route reported during the consultations that GASCO’s approach in compensation was in favor for the affected person and that they trust the compensation will be fair.
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CHAPTER FIVE: PLANNING FOR LAND ACQUISITION AND RESETTLEMENT MITIGATION
This chapter will discuss the following topics:
Consultation activities related to the project
Grievances and redress mechanism
Community participation and local stakeholder analysis
Requirement for monitoring and evaluation
Disclosure of the RAP
Institutional responsibilities
Cost and Budget
Time plan
5.1 Consultation Activities
The consultation process starts before the construction, during the construction, and during operation. The objective of the consultation is to provide the needed information to all community people in general with special attention to the PAPs. GASCO has applied multi-levels of consultation with the stakeholder and the PAPs. The following are the detailed consultations with different stakeholders.
5.1.1. Consultation Activities During Planning Phase
5.1.1.1 Consultation Activities During site visits Prior to the planning phase, GASCO pays a visit to the governorates where the project goes through. The main objectives of these visits are to introduce the project to the governmental entities and community people. During these visits, all the concerns and comments received from the governorates and the directorates (health, environment, etc...) are considered during the planning of the project.
5.1.1.2 Consultation Activities During preparation of the ESIA and the RPF
During the preparation of the ESIA and the RPF, community people were consulted through the focus group discussions (FGDs) and scoping sessions conducted along the route. In addition, individual interviews were conducted with the potential affected persons in their fields. The farmers interviewed noted that they have witnessed other Gas pipeline
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projects. No complaints were raised during this phase except for the potential impacts on the status of lands
During the preparation of the ESIA, there were two public consultations (PCs) with the stakeholders and community people in the areas adjacent the project. GASCO submitted the PCs results to the EEAA as part of the ESIA study. Any comments mentioned by people were considered (see annex VIII). For the various activities of the project, there needs to be consideration for a temporary expropriation of agricultural land and a need for supportive community participation.. The reference should be made to the existing population patterns in those governorates, which vary between farmers and residents of urban areas. Residents of the Behira governorate are distinguished for their sense of anger, and quick raged responses i.e. in case of dissatisfaction with any action, in the previous period there were several demonstrations and roads closures.
Public Consultation in Menoufia Governorate 17th of February 2011
In order to review the findings of the draft ESIA, a collective public consultation workshop was organized to allow the various groups of stakeholders to come together and provide comments on the drafted ESIA. EcoConServ consulting carried out several steps to announce for the event and invite stakeholders,. An announcement was made for a “Public Invitation”, which was published in Al Akhbar newspaper. Then an official letter was directed to the Secretary General (SG) of Menoufia Governorate stating the workshop objectives, time and venue. A list of relevant stakeholders that should participate in the workshop has also been prepared and attached to the letter. The letter asked the SG to direct official invitation to representatives from the relevant affiliations (the list is included in Annex C). Despite the daily strikes across the Governorate and the close of several governmental offices, Menoufia Governorate helped in directing personal invitations to the nominated stakeholders. Menoufia EMU also provided the ESIA team with contact details for the nominated stakeholders, and invitations have been directed through phone calls from EcoConServ. Public consultation held in Behira Governorate 25th of May 2011
In order to review the findings of the draft ESIA, a collective public consultation workshop was
organized to allow the various groups of stakeholders to come together and provide comments on
the drafted ESIA. To announce for the event and invite stakeholders the following activities have
been carried out:
An announcement for a “Public Invitation” has been published in Al Akhbar newspaper.
An official letter has been directed to the Secretary General, El Behira Governorate (SG) of Behira Governorate stating the workshop objectives, time and venue.
A list of relevant stakeholders that should participate in the workshop has also been prepared and attached to the letter. The letter asked the SG to direct official invitation to representatives from the relevant affiliations.
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One of the active NGOs supported in the logistics of the workshop. They were efficient in mobilization, not only for the community leaders but also for the farmers
El Behira Governorate helped in directing personal invitations to the nominated stakeholders.
El Behira EMU also provided the ESIA team with contact details for the nominated stakeholders, and invitations have been directed through phone calls from EcoConServ.
The Public Consultation started with a word from the SG about the natural gas and the importance
of using it to the population. Then Eng. Mostafa Abu El Makarem and Eng. Ibrahim Mahmoud of
GASCO presented the company to the audience and informed them about the project. After that
Dr. Tarek Genena, Head of EcoConServ, made a presentation about the environmental impacts,
followed by the social expert’s presentation about the social impacts. Eventually, two hours and half
discussion with the audience took place in order to receive any potential comments or to clarify
vague issues.
The discussion revolved around the following items:
The compensation for damaged crops and the strategies to pay for such loss of crops. Moreover, the entity responsible for paying the compensation. The importance of integrating the local community was one of the issues raised by the participants
One of the main worries raised by the farmers was the amount of compensation needed in case of urbanization of the villages. Consequently the lands will not be a farm land but it would be construction plots of lands which are much more expensive
Another issue raised was the importance of coordination between the project and Irrigation Directorate and Water Company in order to avoid the potential overlapping with their water network and the covered disposal network
The rehabilitation of the streets and roads was raised due to suffering from this problem in other similar projects. Therefore, GASCO team noted that the money allocated for re-estate or rehabilitation of roads should be transferred to the contractor or the Roads Authority before the implementation of the project
There should be a clear plan for implementation with dates and everything inside. This implementation plan should be published in transparent way
Some environmental worries were raised regarding the safety of water and the surrounding areas. However, it was notable that the current pipeline established two years ago is safe to the extent that people sit on it, plant their lands and feed their sheep with no problems
The importance of integrating community people in the process of compensation was discussed.
One from the Governorate reported facing a problem with the company due to sending memos to his Department in English during the construction of the old line. Therefore, GASCO has to communicate with the different authorities in Arabic
The role of NGOs as supportive to the project was not identified
The grievance was highlighted as people asked about the person that will receive their grievance during the construction phase
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The number of participants attending this event was up to 109. The males were dominant due to inviting farmers, as well as different governmental authorities that are mainly males. However, ten females attended, mainly among EEAA staff and press people. Based on the analysis of the participants, it was notable that they were of different work status. About 20% of them were mainly from environmental department, while a quarter of them were NGOs. Due to the sensitivity of land acquisition and the possibility to pass by the covered disposal network, it was important to invite more people from Irrigation Department. The community was represented through farmers, traders, drivers and mayors, besides the local organization staff.
Figure 3: Menoufia Public Consultation Figure 4: Behira Public Consultation
Table 7: Results of the public consultations implemented in Behira on the 25th of May and Menoufia Governorate on February 17th governorates
Topic Participants comments
Responses
Land acquisition needed
Will the compensations be paid before or after the starting of work?
All compensations should be paid to the farmers before putting any equipment in the land. We inform the farmers 45 days before starting the work in order to pay their compensation. Then we inform them that we will start the work 24 hours before starting working
Will the compensation be paid for the total area of the lands, or only for the areas where you will dig for your project?
We have two types of lands: Agricultural, and Potential Residential (this is the land that might be part of the urban areas) The potential residential should be compensated for 7 meters wide and whatever length needed to protect our line. This is the responsibility of the Supreme Committee for Compensation headed by a counselor from the Supreme Court. The whole potential expropriated lands should be compensated for according to the market price. This is the Egyptian and World Bank rules and regulations Regarding the agricultural lands it will be temporarily expropriated and we will pay for the crops. If there is no crops we will pay for the renting
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Topic Participants comments
Responses
The company mentioned that they will compensate for lands. I have a plot of land overlooking the high way. When an investor comes to purchase this plot of land, he notices the sign of Gas he refuses to buy my land
Please inform the responsible people for compensation about that in order to identify the needed compensation according to the condition of land
Safety distance I would like to know about the safety areas needed for the line in order not to allow anyone to build in. In addition we need the final maps for the line.
The safety distance is ruled by an Egyptian Law 4/88 that identifies the safe distance with 6 meters away from the line, according to the Law. We have another safety measure that the valves are automatically turned off in case of any problem
Rehabilitation of the expropriated lands
The route of the line becomes not suitable For agriculture for two seasons at least. I would like to ask for compensation for this period
We are a public sector company. We have our rules and regulations and the Central Authority for Auditing So we have to consult the Agriculture directorate for the compensations and the prices. After that we got approval from the local council that attends the whole compensation process. Regarding the land infertility during two seasons, I am so sorry to tell that it is not correct. But in case of it happens then the farmer should apply to the committee to receive his compensation. The Agriculture Association is an important partner who should attend the process and approve on the payment.
Community participation
A responsible person from a community should be hired to inform about the project transparently
This will be addressed with the community and the stakeholders. the level of their contribution will be identified
For detailed information about the conducted consultation, please refer to Annex XI.
After the completion of the public consultation, the reports were uploaded to Casco Website.
Following these activities, Casco in cooperation with Petrojet (subcontractor of GASCO ) applied dense consultation activities with the governmental units, particularly the Agriculture Directorate and the Governorate. In addition they paid visits to different areas where the project will be implemented.
5.1.2. Consultation Activities During Preparation of the RAP
The RAP team accompanied with Casco and Petrojet staff conducted different levels of consultation in the field. in certain areas access to local communities required facilitation by
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local representatives like the case in accessing El Arabaweia tribes. Public consultation applied during the ESIA was generic for all potential communities and included a range of stakeholders. However, during the RAP preparation consultations focused on the PAPs' engagement.
Upon launching the RAP, the study team prepared a community based consultation strategy in order to cover the whole 105 km line. The consultation activities started from the 18thof September and continued during 10-12th of December. The approach of the consultations was designed to ensure high level of transparency and minimize potential local conflicts. In parts where plenary sessions were appropriate the team conducted plenary sessions. This was the case for Menoufia and Behira Governorates where about 70% of the line is passing through. Besides, additional scoping sessions and individual consultations were applied with PAPs from Giza and Qalubia Governorate during developing the RAP. For these two governorates, a need appeared for a more outreach approach due to the nature of the affected communities. The assets in the areas are widely owned by high socioeconomic groups (e.g. governors). Fearing that these groups will not be responsive to invitations for plenary meeting, the outreach consultation activities were designed to ensure that information is shared transparently with them in an efficient and locally sensitive manner.
The key applied tools for consultation during the preparation of the ESIA, RPF and the RAP could be summarized as follows:
5.1.2.1 Door to door consultation
That was handled by consulting the PAP in his house or field. All household members participated in the discussion in order to warranty clear consultation and dissemination of the following information:
1- About the project
2- Potential impacts
3- Compensation strategy and mitigation measures
4- Entitlement
5- Grievances mechanism
6- Residual impacts after restoring the lands
25 persons were consulted on the 18th of September
38 persons were consulted during the 10thto the 12th of December
Lists of people consulted are attached in Annex XI
About 53 households were consulted along the line as some of the PAPs offered to host other affected people in a gathering. The team hired one from the community from the Arabaweia tribes living in the area from km 17 to km 62. This person facilitated the study teamwork, and conducted
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additional night consultations. Almost 95% of the PAPs were willing to deal with the study team. That drew our attention to having such person during the implementation of the RAP.
Figure 5: Consultation with the PAPS through door to door consultation
During the consultation, the engineers handled and responded to the concerns and questions.
Table 8: Issues, concerns and topics raised during the Field Consultation
Topic Concern/question Response
Impacts on the lands
Will our lands be affected permanently?
No it will only be affected during the construction phase
The productivity of lands will be affected
No it will be restored with the same soil extracted
The trees will be cut down
The affected farmers may remove them to another area. However the compensation will be paid in full at market value according to the price lists developed by the Agriculture Directorate
Compensation Will it be paid before or after the construction?
It will be paid before the construction. However in case of affecting anything additional during the construction you will be compensated for it as well
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Will the compensation be fair?
It will be fair and complied withthe market price. In addition we allow you to harvest your crops in case of not affecting the time plan
About the project and exact location of the project
Will the project be implemented 35 m from the surface of water or more?
We will review that with the Irrigation Directorate
How deep will be the pipes?
At least two meters deep
What is the Right of Way?
It will be two meters in urban areas and 6 meters in rural areas from each side of the center of the line. It does not restrict plantation but only deep root trees
Will we have natural gas in our houses
This pipeline will be mainly to feed the Electricity Station. However, it is probable to install gas connection to houses later on( according to energy sector plan). Honestly, we don’t know if it will happen during the near future
5.1.2.2 House gathering
The house gathering was useful particularly in the El Arabaweia areas. More than three heads of households gathered in one of the houses (arranged by the resident personnel in the area) People felt comfortable to ask freely about the project. All consulted people during this process were the heads of households; all of them were males as it is not allowed for women to go to such gatherings due to the Bedouin customs and norms. However, women and young people were outreached through door to door consultation.
All of the people participated in the gatherings refused to sign. However, they accepted photos.
Figure 6: Consultation with the PAPS through house gatherings
5.1.2.3 Transportation consultation
In parallel with the inventory data collection process, the study team was responsible to inform community people in the main stops for Tuk Tuk, and microbuses. In addition, some posters were
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disseminated about the project in Mosques, youth centers and cafes. The community people were satisfied with the project. They noted that they have the feeling that they are listened to. For the first time a project pays attention to consult people in microbuses and Tuk Tuk stops, therefore, community people expressed their satisfaction.
Figure 7: Consultation with the PAPS through transportation consultation
5.1.2.4 Further planned consultation
Prior to construction, GASCO Compensation will send letters to the governorates to inform about the commencing of the project by applying a census survey to the PAPs who are entitled for compensation.
After sending the letters, different meetings are conducted with the governorate and the directorate, particularly, Agriculture Directorate.
Afterwards, the main consultation activities are done with the PAPs aiming at informing them about their compensation with a certain space of negotiation. During this process integrating different stakeholders is essential to apply land expropriation amicably.
Figure 8: Consultation with the PAPS
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Based on GASCO ’s previous experience, they develop and apply meetings with the PAPs in order to consult them and inform them about the project activities. The meetings commenced by having different site visits to the PAPs. This is a continuous process that might be summarized in the following box:
Box 1: GASCO Strategies to inform the affected people about their compensations
How to communicate with PAPs
Five meetings are conducted with the PAPs, that are mainly based on GASCO policy that has the sense of social responsibility. The First meeting: The detailed inventory process is carried out by a compensation committee. It consists of a representative of the Measurements Department in GASCO , the representative of the contractor( Petrojet), and representative from the Agricultural Association is within the zones of the Project Affected Person’s land. All PAPs/farmer must attend this meeting. The inventory took place prior to the construction; all information will be reported to the PAPs/farmers as follows: 1 - Information about how to drill gas line. 2 - The compensation mechanism followed by GASCO to ensure the rights of the farmers. 3 - Emphasize on the restoring the farmland to its original condition. The Second meeting: After the inventory process, GASCO is to convene a meeting with the help of Agricultural Association. All owners of the land listed in the inventory will be invited. They will be informed about the following:
Provide information about the gas line
Follow GASCO compensation mechanisms to ensure the fulfillment of farmers’ rights. Monetary compensation that suits the damaged crop value will be based on the price list of the governorate. The land owner will be able to cultivate his land normally,
Explain how the line will be implemented,
Respond to any questions raised by the farmers,
Clarify the mechanism of appeals in the case of dissatisfaction with the amount of compensation allocated for farmers or in the case of any effect on the livelihood of the farmer due to the implementation of the project
Ensure that the farmland will be rehabilitated
Provide information about the Ministry of Petroleum is the entity responsible for the line
Provide information about the nature of the gas pipeline, the safety factors during and after the implementation of gas pipeline
Provide means of contact during and after the implementation of the line The Third meeting : It is conducted after the general meeting with the Agricultural Association. The compensation activities start by having meetings with each and every affected farmer. During the meeting the following procedures might happen:
To clarify the information previously provided. If there is a necessity to go to the land, then provide explanations on how the compensations were calculated. The technical member for Compensation Committee and representative from the Agriculture association will attend.
The full amount of compensation will be paid and the receipt is signed. Responsibility for any problems due to that compensation will be mainly handled by the farmer himself.
The Fourth meeting :
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With the start of the implementation, to coordinate between the farmer and the implementing company to ensure the maximum benefits for the famer, completed through the following:
Possibility to move the trees to another area with the help of the implementing company
In case that the crop is ripe, the company should wait until harvesting time so not to affect the implementation time plan. However, the compensation will be paid in full amount
The farmer is allowed to move his plants in order to benefit from the affected crop (he/she might use the unripe crop as fodder for the cattle)
The Fifth meeting : During the implementation process, the communication channel is open between the farmer and project manager as long as the contractor is in the farmland . This process ends when the whole equipment are removed and the land is rehabilitated. The main objective is: continuous coordination between the farmers and the project manager.
The main cornerstone in such consultations is that the members of the Compensation Committee to focus on informing the community people about their rights and assist them in obtaining fair compensation. The following chapter will discuss institutional responsibilities in detail.
5.1.3 Community Participation and Local Stakeholder Analysis
Community engagement is the action that actively seeks informed and inclusive dialogue and exchange of views between responsible authorities and those citizens and communities most affected – directly and indirectly – by the design, alignment, construction and operation of the Project. This dialogue should include the stakeholders’ views and proposed alternative solutions (if they are technically and economically feasible) will be respectfully considered and will influence final decisions and the choice of solutions on priority issues of concern. Stakeholders should be fully consulted regarding the design, alignment, construction and operation of public services that will markedly influence their lives, their well-being and their communities.
Due to the importance and the viability of community integration and participation in any developmental project, the study team investigated the role of the Agriculture Association) and community members in the program. Different Agriculture Association, municipalities were interviewed to highlight their role. Though regulations the World Bank mandate integration of non-governmental organizations into the project by informing them about project activities through public meetings.
The main objectives for community participation are:
to disseminate the needed information on project activities and impacts, As well as, needed facts about the pipelines and their impacts on the surrounding environment;
to invite, listen to and demonstrate respect for stakeholder views and constructive suggestions regarding projects activities
to respond satisfactorily to stakeholder response and input, and to ensure sustained and satisfactory operation of communication channels grievances that
respond in a timely, positive manner to legitimate stakeholder complaints and community concerns throughout the intrusive construction phase.
mediate, if possible, between the potential affected people and the project authority in order to have amicable and satisfying implementation of the project
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Primary stakeholders in this context are defined as those persons who are directly involved or affected by the project either because their livelihoods are associated to the project or they are directly involved in its usage in some way. These are:
Local farmers (owners and tenants) of affected communities
The governmental units, municipality and other governmental institutes responsible for land acquisition.
Secondary stakeholders in this context would be those with a more indirect interest, such as those involved in institutions or agencies concerned with approval or managing the resource. These are:
Elected representatives and local opinion-leaders of the affected communities;
Public outreach, announcements and consultations will be fully cognizant of each of these categories of local stakeholders. Community participation should assure that all categories are informed of and invited to participate in the public consultations or other, contingent meetings at their request. Their concerns and opinions will be respectfully heard and considered.
5.2. Grievance redresses mechanism
This section will cover the following issues:
1- Responsible entity for applying grievances’ mechanism 2- Grievances tiers that encourage inclusion of marginalized group ( women, poor, illiterate and
handicapped groups) 3- Grievances channels that is locally tailored 4- Response to grievances procedures 5- The role of locally based organizations 6- Dissemination of the results of the submitted grievances to the community 7- Monitoring of grievances activities
The grievances mechanism was introduced to local communities during the RAP preparation. Careful attention was paid to local communities’ characteristics and the fact that the majority of the line passes by communities of illiterate population. . The Social Development Officer (SDO) and the Compensation Committee introduced different channels of grievances to PAPs. During the construction the SDO and the Compensation Committee in cooperation with the resident engineers will develop the following materials in order to inform community people on how to raise their complaints:
1- leaflets and Brochures 2- Signs to be disclosed in the construction site
The information to be disclosed in the above mentioned materials will be: 1) Name of the SDO (s)
2) His/her telephone/ mobile number 3) Name of resident engineer and his contacts 4) Mediation
Committee members 5) Duration for time for responding to the received complaints and 6) The
recording and documentation system of complaints and the channels for follow up.
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5.2.1 Institutional Responsibility for the Grievances
GASCO, with its capacity as the implementing agency, will be the institution with primary
responsibility for receiving and handling grievances. GASCO started early preparation for the
project by appointing two Social Development Officers (SDO)s with the Compensation Committee
to be dedicated to communicating on the ground on the local level with local communities including
PAPs. The SDOs are Eng.. Ahmed Galal and Ms. Pakinam Tawfeek
The Compensation Committee and Social Development Officer working within GASCO in
cooperation with the local government units, governorates, agriculture association, and the resident
engineers will address all grievances raised by PAPs, particularly the ones related to resettlement
activities. The main responsibilities of the SDO are:
1- Raise people awareness about the grievances redress mechanism 2- Collect the grievances received by each communication channel 3- Document grievances received 4- Direct the grievance to the responsible entities to solve the problem 5- Follow up how the problem was addressed and solved 6- Document, report and disseminate the grievances 7- Monitoring of grievances activities
Raising community awareness about the grievance mechanism should be handled as follow:
-
- brochures should be developed and sent to the main stakeholders, PAPs, Local Governmental Units, Agriculture Associations, mayor mosques and churches and youth centers
- Documentation of the activities should be handled carefully and thoroughly. A quarterly report should be prepared about:
o received grievances, o how they were handled, and o the level of satisfaction of the affected person towards the solution. The first report should be prepared by EcoConServ as guidance to the Compensation Committee and GASCO Social Development Officer
- During the disclosure of the RAP, all PAPs should be informed about the Grievance Mechanism
5.2.2 Grievances tiers
Grievances are an important process that should be tackled carefully, especially in the post
revolution era where citizens are becoming more vocal and more aware of their rights. Tailoring
appropriate grievance mechanisms is needed to allow GASCO smooth implementation for the
project. The traditional case with GASCO’s projects is that the company receives grievances from
the governorate, site engineers and compensation committee. It was observed that PAPs are not
familiar with the appropriate channels through which they can submit their grievances and that no
clear process is in place to handle complaints. Thus, the following procedures will be applied in
order to have a clear grievance’s mechanisms:
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First tier of grievances:
1- As indicted above, GASCO has already assigned SDOs who will be responsible to receive all grievances from all different stakeholders through the Compensation Committee.
2- The Compensation Committee and SDO should be in charge of informing local communities about grievances, to whom they can address their complaints, solution for the problems and document all grievances received. Moreover, they should be following up the problem until it is solved and ensure this is transparently shared with the PAP The turnaround time for the response should be within 15 days.
Second tier of grievances:
In case of having unsolved complaints based on the first tier project level system, PAPs of those who submitted complaints should seek remediation with a second level of grievances. This second tier is implanted in GASCO's system in the form of the Compensation Committee in GASCO. The Compensation Committee in cooperation with project stakeholders in each administrative unit forms a "Mediation Committee" (MC). The Mediation Committee should be carefully selected from trustworthy stakeholders of local community figures. The MC will take decision and play a mediation role with the affected persons to resolve the elevated complaints. It is suggested that the Committee is composed of: 1) Head of Agriculture Directorate/ Association, 2) Active NGOs/PAP, 3) Mayor,4) Head of compensation committee, 5) Representative of the contractor. The actions taken under the second tier are as follow:
1- The Compensation Committee in GASCO in cooperation with the SDO inform people about the members of the mediation committee in order to be able to outreach with them in case of unsolved problems. Thereafter, the members should inform the SDO and the compensation Committee
2- In case of any unsolved problems, the mediation committee should develop a space for negotiations between the PAP and GASCO team
3- The Grievance Mediation Committee will take decision and play a mediation role with the affected persons.
4- Meetings by the Compensation Committee are arranged and distributed geographically
within the jurisdictions of each agriculture association and according to the received
grievance.
In case of not solving the problem on the level of the second grievances tier, the complaint might go to court. In such case, the court assigns an evaluator and a committee to check the validity of the case and the value of compensation assigned to the PAP. Thereafter, the court might modify the value of compensation. GASCO is fully committed to apply to the court decision. Regarding compensation, once the affected people are addressed as well, the crop and the land compensation registers are developed for the project (these registers identify affected farmers. The affected area of land for each farmer, crop type and date of crop damage) they are publicly displayed at the bulletin board within the relevant Agricultural Association . The information is maintained on
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display for a period of fifteen days. Any grievances related to the posted crop/land compensation information will be submitted within fifteen days to be investigated by the Crop Compensation Committee within the following fifteen days. The Compensation Committee and SDO will work closely with the committee in order to identify the actions taken to solve the problem.
5.2.3 Grievances channels
Due to the diversity of the socioeconomic characteristics of the PAPs, the communication
channels to receive grievances were locally tailored to address all affected groups. The
following are the main channels through which grievances will be received:
1- Hotline (mobile number for the Compensation Committee and SDO to be informed to project affected areas).
2- The second channel is through religious institutes in the area. It might be applied, if needed , through the mosque or church
3- Community leaders will be appropriate channel among rural areas 4- Regular meetings with community people to be conducted and applied by
the influence stakeholders 5- Website for educated people who have access to the internet 6- Resident engineer in the site 7- Influence people and Mediation Committee
5.2.4 Response to grievances
Response to grievance will be through the following channels
1- The response of the grievance will be through the same channel used to submit the problem. For example, those who sent their grievances in writing should receive their response in written form, those who used the website should receive an email, those who phoned should receive a telephone call from the Compensation Committee and SDO telling the solution of their problems
2- The second channel is through religious institutes in the area (mosque or church)
3- Response to grievances should be handled in appropriate timing limits in order to give the community people the feeling that their worries are responded to quickly and efficiently, that might put limitation to the problems
5.3 Requirements for monitoring and evaluation
5.3.1 General monitoring by GASCO
Monitoring and Evaluation (M&E) are the key elements that the RAP is appropriately implemented.
They have the following general objectives:
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Monitoring of specific situations or difficulties arising from the implementation, and of the compliance of the implementation with objectives and methods as set out in the RAP.
Monitoring aims at tracking project implementation procedures. It will address the following
aspects:
1- Follow up the activities assigned under the RAP (valuation, awareness raising events, disclosure, dissemination activities). The following indicators should be covered:
a. The valuation documents b. Awareness raising activities applied c. Disclosure activities done (all activities, how many beneficiaries, gender of the target
group, their age) d. Consultation activities (who were consulted, how many, age, gender, education)
2- Follow-up the status of the project affected persons. This will be applied through covering the following indicators:
a. The type of impacts affected the PAP b. How they were compensated c. Satisfaction with compensation and all related activities (valuation, compensation,
grievances …etc) d. Impact of the compensation on the PAP
3- Follow up the process of grievances in order to identify the efficiency of livelihood restoration for agriculture loss. The proposed indicators are:
a. No. of grievances received per each channel b. How they were handled c. Satisfaction of the complaints d. Obstacles and barriers
4- Provision of all data needed to apply the mid-term evaluation and final assessment. The data will be prepared to an independent consultant.
Evaluation aimed at ensuring that policies have been complied with and should provide feedback
needed for adjusting strategic directions. The evaluation has the following specific objectives:
General assessment of the compliance of the implementation of resettlement activities with objectives and methods as set out in this RAP,
Assessment of the compliance of the implementation of resettlement activities with laws, regulations and safeguard policies as stated above,
Identification of actions to take as part of the on-going monitoring to improve the positive impacts of the program and mitigate its possible negative impacts, if any.
5.3.2 Internal monitoring
While Egyptian regulations do not offer any monitoring or evaluation measures, the Bank’s OP 4.12
does. It embraces monitoring and evaluating the social and economic impact on the affected groups.
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It requires measurement of the amounts of compensation paid, time taken to ensure compensation
payment, number of grievances and redress cases received and addressed and objective feedback on
the overall impact of the resettlement action on the affected group. The OP 4.12 explains
procedures for a monitoring and evaluation process that should be incorporated into the Egyptian
law.
GASCO Committee will monitor the RAP process during all its phases. They will be responsible
for ensuring efficient consultation with all land owners, their representatives, fairness of agreement,
proper implementation of the compensation process and its effects on the PAPs socioeconomic
status (that might be affected due to the project implementation). This will not be reflected on the
financial cost as it is part of GASCO activities.
Agricultural Association in full coordination with GASCO committee will undertake internal
monitoring of RAP implementation. They will monitor the progress of RAP implementation against
predetermined performance targets, and facilitate the work of the external and independent
monitors through effective record keeping and the preparation of periodic Project Progress Reports.
The Municipalities will provide early warning of RAP-related project difficulties and concerns and
will ensure that the PAPs concerns are adequately addressed by the project. They will jointly ensure
that compensations are made to the correct individuals in accordance with the compensation
agreements.
5.3.4 External monitoring and evaluation
Independent consultation
GASCO develops in cooperation with the RAP consultant a detailed list of indicators as the RAP
will be the baseline study for the project affected people. By mid of the RAP process, an
independent consulting firm will be contracted by GASCO in order to apply a rapid assessment for
the activities done under the RAP, as well as, the impact of involuntary resettlement on the
livelihood of community people. This assessment aims at providing the guidance for GASCO in
case of facing any obstacles that might affect the implementation of the RAP. By the end of the
construction phase an independent consultant will be hired to evaluate the whole process of the
RAP, in addition to providing a full assessment for the activities done, including documentation,
grievances mechanism, valuation, entitlement and the lessons learned.
This consulting firm will be responsible for developing a final evaluation report by the end of
construction. A full final evaluation report for all activities should be developed.
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Following are some of the indicators to be measured during the external monitoring and evaluation
process:
Table 9: Examples of the Proposed Indicators Needed For Monitoring Activities
Examples of proposed indicators during RAP implementation
PAPS 1. Number of affected persons censed 2. Number of persons compensated for a) land b) crops c) trees,
etc. 3. Number of persons not yet compensated ( by types of losses) 4. Number of consultations held 5. Number of grievances outstanding etc. 6. Level of satisfaction of affected people with the compensation 7. Number of awareness activities held
Consultation 8. Number of participants (According to the communication channel)
9. Gender of participants 10. Age of participants 11. Occupation of participants 12. Their comments
Grievances 13. Number of complaints received ( by types) 14. Number of grievances resolved 15. Number of complainants 16. Gender of complainants 17. Main complains raised 18. Number of solved complains 19. Number of complains left unsolved (reasons should be
reported)
Examples of proposed indicators during the final evaluation and assessment
1. Total Number of persons compensated for a) land b) crops c) trees, etc. versus the baseline information provided in the RAP
2. Number of persons left with no compensation ( by types of losses) and reasons 3. Number of consultations held ( A full assessment about their characteristics of participants,
reason for holding consultation, comments, where they held different consultation 4. Number of complaints received ( by types) (How they were dealt with 5. Number of grievances resolved 6. Number of grievances outstanding etc
Bank monitoring: Bank supervision missions will regularly and systematically review the progress
of the RAP implementation and documentation for different activities.
5.4 Disclosure of the RAP
5.4.1 During Preparation Phase
The project, in consistent with the requirement of Law 10/1990, paid more attention to the disclosure of all information related to the project activities and potential impacts:
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During the ESIA preparation all information related to the project was presented in the website of the following entities:
o GASCO website
o The World Bank
o EcoConServ
o The non-technical summary and the Final ESIA report, as well as, the RPF were uploaded in the websites
The WB translated the RPF document, thereafter, reviewed by EcoConServ and GASCO team. The revised version was uploaded to the Website
Meetings were conducted in the governorates. GASCO team in cooperation with Petrojet disclosed all needed information to the stakeholder. They provided the needed information transparently and sufficiently. They were open to receive questions and responded to it during conducted meeting, as well as, after the sessions
During RAP data collection process, the social development officer from GASCO, the Petrojet engineer who is one of the Compensation Committee members and the agriculture association representative disclosed all needed information to the farmers and the PAPs. Information provided covered the following topics:
o The needed lands to be expropriated temporary
o Potential impacts on the lands and assets
o The valuation strategy
o Grievance methods
o Timing
5.4.2 During Implementation Phase
Owners of the properties and holders of rights therein will be informed about the implementation schedule during the project implementation phase. They will be notified by the Agriculture Association and GASCO compensation Committee. The notification memo should be provided to them in a written or more in verbal as the majority of head of households are illiterate. All process should be documented and reported to the Bank in order to verify the implementation.
Disclosure of information in the religious places (church/ mosque) might be useful to the project. Based on different studies implemented in the rural areas, advertising through religious places is one of the most practical strategies to disclose information.
Disclosure of information in the Local Governmental Units or the Agricultural Association
In addition to the above-mentioned strategies, all information about the PAPs and how they will be affected is already included during the individual meetings conducted during the census.
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5.5 Institutional Responsibilities for the RAP Implementation
5.5.1 Organization Setup
The main organization for this project that is responsible for compensation activities is the Compensation Committee in GASCO , formed of :
Head of the committee
Technical member
Legal member (lawyer)
Accountant
Social officer
These are permanent staff in GASCO . They work closely with the Agricultural Associations and Agriculure Directorates in addition to other entitities located inside the governorates.
5.5.2 Organization Composition and Responsibilities
The following table summarized the organizational composition and their roles
Table 10: Institutional Responsibilities for RAP Implementation
The agencies that will
be involved in crop
compensation
Roles
GASCO
compensation
committee
- Identify the plots of lands needed - Measure the lands - Communicate with the governorate and the Agricultural Directorates for
expropriation decree and valuation of crops - Have site visit with the Agricultural Association and governorate
representative to address the needed compensations - Negotiate with the farmers - Disseminate census results - Pay the compensation - Receive any grievances related to the implementation - In case of any constructions or any change in the status of lands they
renegotiate for appropriate compensation
Agricultural
Association
- Valuate crops - Accompany the compensation committee - Participate in the consultation with people - Approve and disseminate the results of compensation
The Governorate
representative
- Accompany the compensation committee - Participate in the consultation with people - Approve the results of compensation
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5.6 Cost and budgets
The commence date for construction will be during the beginning of March 2013. However, as the main impact of the project is affecting crops which have a seasonal nature, the implementation of the RAP should start two months before the construction of the project. In order to have a clear accurate type of crop, the route will be divided into segments. The segments will be defined according to the Agriculture Association that the plots of lands are affiliated to (tentatively 33 Agricultural Associations are located on the route).Based on the WB requirements all compensation should be paid prior to the construction. The coverage area for each Association is around64.000 m2. The updated census will be implemented in more than one segment during the same time . The process of implementation will be as follow:
1- Revisit the census in order to update the inventory of the PAPs in each affected working segment
2- Inform the PAPs
3- Develop an addendum report to be sent to the WB for Approval
4- After the approval of the WB on the addendum (within a week) the addendum will be disclosed to people
5- Compensation payment for the affected people
6- Documentation for the whole process
Until the preparation of the RAP, the time frame for the project was not finalized due to the political status in Egypt. Thus the following are the consequent steps that will be applied after determining the time frame of the project:
1- The construction will begin only after the completion of the compensation process for each segment. The PAPs should be identified and documented. The segments of the route should be identified and addendum to the RAP should be prepared, sent to the WB for approval and endorsed
2- Crop compensation is linked with implementation of project activities as no digging in the sites before the payment of a full cost of the compensation. In order to visualize the process of resettlement activities the following figure might clarify the process more:
5.6.1Implementation Sequence
The previous system is governed by a clear detailed legal framework that enabled compensation department to perform their work appropriately. In addition, the legal frame is in compliance with the regulation of the World Bank OP 4.12.
The temporary land acquisition and compensation will be completed through the coordination of related organizations. The specific process is as follows:
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1. The project design department in GASCO provides a detailed map on land acquisition scope to identify the land acquisition scope and area.
2. Agricultural Directorate to develop the price lists of different types of crops.
3. Preliminary assessment by GASCO team to evaluate the needed lands in cooperation with the Agricultural Associations,
4. Preparation of the RAP and its addendum for each segment
5. Approval from the WB on the RAP/ addendum for the selected segment
6. Delivery of compensation payment.
7. Complete legal procedures for land acquisition
8. Project officially acquires the land.
5.6.2 Time Schedule and the Cut-off Date
Due to the political situation resulted after the 25th of January Revolution, the time plan is still in progress. However, the potential commencement date allocated for construction the beginning of March. Following is the time plan that will be applied after approval and disbursing of fund. It is important to note that the project schedule will start with a cutoff date. Due to the segmentation of the route, this time plan will be applicable per each segment.
Approval from the World Bank should not exceed one week in order to avoid any potential
problems
During this stage GASCO made a preliminary cost estimate for the project affected lands, the determinants of this estimate were:
land size
type of crop or tree
the prices mentioned by the Agricultural Directorates
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Table 11: Time Plan
Activity Time plan
Week
Before construc
tion
8 7 6 5 4 3 2
1 During Constru
ction
Informing the agriculture directorates and the governorate about the project
Accomplished
Receiving price lists for compensation
Accomplished
Obtain all permits
Accomplished
Baseline investigation on the affected people for each segment
Consultation with farmers and grievances
Developing of resettlement and rehabilitation plan
Submit the addendum RAP to the WB
WB reviews the addendum
Receiving the addendum RAP from the bank
Disbursing money
Paying the compensation
Documentation of additional Grievances recipients and responses
Documentation of operation and efficiency assessment of the RAP;
Quartely reports to be developed
Training to be provided to GASCO team
5.6.3 Estimation of Total Temporarily Land Acquisition Cost
The total cost estimated was about 35,092,012 million EGP.
5.6.4 Impact Compensation Expenses
Impact compensation expenses refer to compensations to be paid directly to the affected persons, which include temporary land use compensation and compensation for sporadic trees. The census showed that the potential impacts will be as follow:
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The majority will be impact on the crops and vegetation
Temporary impact on the assets (irrigation nets, irrigation ditches, barns)
Temporary impacts on empty lands
No impacts on permanent nature
Following are the estimated amount of money needed to compensate the affected people, along with other costs associated with RAP (site supervision, monitoring RAP implementation by client, etc.). Luckily GASCO has formed the Compensation Committee (CC) during February 2013. The member in charge for calculating the compensation within the CC4 reviewed the inventory of the PAPs and the estimated budget allocated for compensation. There was a common acceptance to the methodology of the study and the valuation of affected crops and assets. Regarding the trees valuation he noted that the trees compensation should be calculated based on the nature of tree whether it is fruitful or not. This was revisited by the study team in order to verify the nature of affected trees. That process has an impact on the estimated budget for trees particularly in Behira Governorate where banana trees are the prevailed type.
The following budget reflect the estimated prices per crop, trees, assets, valve rooms and monitoring activities. Pico Company has a separate calculation for compensation as its boundaries expands along 3.5 km on the Gas Pipeline, as well, they have unique trees and assets should be calculated as separate items.
Table 12: Total cost and budget in EGP
Behira Menoufia Giza Qalubia Total
Total crops price 954,590 279,757 141,000 346,163 1,721,510
Total trees price 5,528,911 13,652,600 3,614,500 409,975 23,205,986
Total assets price 300,291 12,925 1,300 0 314,516
Total price 6,783,792 13,945,282 3,756,800 756,138 25,242,012
Pico company 1,000,000
Purchasing lands 8,800,000
Monitoring 50000
Total 35,092,012
5.6.5 Fund Flow and Payment Plan
GASCO is careful about securing the compensation before the implementation of any compensation activities in order to: 1) have the compensation paid on to the PAP in his own land/ land; 2) facilitate work through avoiding tiring red tape. Paying the money to the farmers raises their satisfaction and enhances their openeess to the project. The main objective of having the full
4 Eng. Ahmed Hosam the Technical Manager
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estimated budget of compensation before setting off the construction is to facilitate the compensation process, in addition to facilitate the auditing required by Law.
GASCO is the sole entity to provide the monetary compensation for the PAPs. The budget allocated for compensation is integrated in GASCO main budget as a sub-item under project budget. The head of compensation committee receives a full amount of money after developing the census of the PAPs in a certain areas. After disbursing the compensation and paying it to the PAPs, the head of compensation committee should provide the needed settlement documents to the financial department GASCO as the whole process will be audited by the Central Auditing Organization
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