REPUBLIC OF IRAQ

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RESETTLEMENT ACTION
PLAN (RAP)

EXPRESSWAY NO.1

EXECUTIVE SUMMARY

Final RAP Report


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Consolidated Consultants



REPUBLIC OF IRAQ


MINISTRY OF CONSTRUC
TION AND HOUSING





THE REHABILITATION O
F EXPRESSWAY NO. 1 I
N
IRAQ


(ERRP.CON.SSS.ESIA E
W
-
1)




RESETTLEMENT ACTION
PLAN

(RAP)


EXECUTIVE
SUMMARY


FINAL


NOVEMBER

1
1
, 2013






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-
Mutanabi St. 4
th

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e
-
mail:
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RESETTLEMENT ACTION
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EXPRESSWAY NO.1

EXECUTIVE SUMMARY

Final RAP Report


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EXECUTIVE SUMMARY


TABLE OF CONTENTS

Page

INTRODUCTION

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POLICY, LEGAL AND IN
STITUTIONAL FRAMEWOR
K

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DESCRIPTION OF THE P
ROJECT

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PREPARA
TION OF THE RESETTLE
MENT ACTION PLAN (RA
P)

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SOCIO
-
ECONOMIC CHARACTERIS
TICS OF AREAS ALONG
THE EXPRESSWAY

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L
AND USE ALONG THE
E
XPRESSWAY

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P
OPULATION
SETTLEMENTS ALONG TH
E
E
XPRESSWAY

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E
DUCATION LEVELS OF
P
OPULATIONS ALONG THE

E
XPRESSWAY

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7

L
IVELIHOODS OF
P
OPULATIONS ALONG THE

E
XPRESSWAY

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ANTICIPATED

IMPACTS ON PROJECT S
TAKEHOLDERS

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DETAILS OF PAPS WHO
WILL BE ADVERSELY AF
FECTED BY PROJECT

ACTIVITIES

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PUBLIC CONSULTATIONS

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10

MITIGATION MEASURES

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12

NUMBERS OF PAPS BY G
OVERNORATE AND ROAD
CONTRACT (C)

SECTION

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16

GRIEVANCE REDRESS ME
ASURES

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17

RESPONSIBLE INSTITUT
IONS, IMPLEMENTATION

SCHEDULE, AN
D

MONITORING AND EVALU
ATION RESPONSIBILITI
ES

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R
ESPONSIBLE
I
NSTITUTIONS

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18

I
MPLEMENTATION
S
CHEDULE

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1
9

MONITORING AND EVALU
ATION

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List of Tables


Page

Table 1: Expressway No.1 Road Sections

................................
................................
.........................

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Table 2: Summary of Entities along the Road

................................
................................
...................

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Table 3: Project Impacts on PAPs

................................
................................
................................
...

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Table 4: Existing Government Service Areas and Fuel Stations where service lay
-
bys will be
established for relocation of PAPs

................................
................................
....................

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Table 5: Proposed New Fuel Station and Service Lay
-
bys to be established for

............................

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15

Table 6: Number
of Affected Entities by Governorate (incl. operational, seasonally operational
and possibly abandoned)

................................
................................
................................
...

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Table 7: Timeline for
Social Safeguards Activities by Road Contract

................................
...........

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List of Figures


Figure 1: Map of Iraq showing the

Path of Expressway No. 1

................................
.........................

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Figure 2:
Distribution of Land Use (Part I)

................................
................................
.......................

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Figure 3:
Distribution of Land Use (Part II)

................................
................................
......................

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Figure 4: The Express Way
01
-
Existing Official Gas Stations

................................
.......................

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Figure 5: The Express Way 01
-
Existing Official Stations

................................
..............................

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Figure 6: The Express Way 01
-
Proposed Official Stations

................................
.............................

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EXECUTIVE SUMMARY

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EXECUTIVE SUMMARY



INTRODUCTION


This
Executive Summary of the Resettlement Action Plan (
RAP
) for the
Bank financed
Rehabilitation of
Expressway No. 1
Project
summarizes the main data and information on the
extent and nature of resettlement impacts on

project affected people (
PAPs
)

who will be
adversely affected by project activities
. It also
presents summarized information on the
mitigation and compensation measures to be applied to redress the unavoidable adverse effects of
project activities on
proj
ect stakeholders
. The Executive Summary also provides
census details;
nature and extent of consultations
undertaken to advise the public
, including PAPs,

of the project
and its expected outcomes,
and also

provide opportunities for the public to ask questi
ons and
provide input on their concerns regarding project activities, and engage on possible mitigation
and compensation measures to be provided to
affected stakeholders
.



POLICY, LEGAL AND IN
STITUTIONAL FRAMEWOR
K


A desk study was carried out to identify

and assess the applicable legal and administrative
regulations to be applied to project activities. The assessment considered both Iraqi laws and the
policies and procedures of the World Bank.


The relevant national and local law pertaining to the projec
t activities for Expressway is:



The Republic of Iraq’s Acquisition Law No. 12 of 1981.


This law says that the State has the right to remove encroachers and settlers on State
-
owned land
without compensation.


The World Bank’s Policies applicable to this pr
oject are:



The Involuntary Resettlement Policy (OP 4.12)



The Environmental Assessment Policy (OP4.01)


The objectives of the Bank’s OP4.12 on Involuntary Resettlement are to:



Avoid or minimize involuntary resettlement where feasible, exploring all viable
alternative project designs



Assist displaced persons in improving their former living standards, income earning
capacity, and production levels, or at least restore them



Encourage community participation in planning and implementing resettlement



Provide as
sistance to affected people regardless of the legality of land tenure.


A gap exists between GOI laws and regulations and the Bank’s OP 4.12 in that national law
provides for removal of all individuals and entities encroaching on State land without mitigat
ion
or compensation. Additionally, national laws also do not require consideration of alternatives to
displacement of PAPs located on State land. Given the gap between GOI laws and regulations
and OP 4.12, the GOI has agreed that the Bank’s OP 4.12 and O
P 4.01 will apply to project
activities.

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The World Bank’s policies require that a Resettlement Action Plan (RAP) be prepared whenever
property must be acquired, or its use modified, for a project, and this acquisition or modification
results in the loss o
f income, residence or access to resources, either permanent or temporary, and
whether the occupation is legal or illegal. Resettlement of project affected persons (PAPs) in the
project site will therefore be carried out in accordance with laws, regulation
s and guidelines of
the World Bank’s Operational Policy (OP 4.12), which has resulted in the preparation of this
RAP. The Entitlement Matrix developed for this RAP complies with requirements of the Bank’s
policies.


The Government of Iraq has committed to

applying the World Bank Safeguards Policies to the
entire transport corridor project. This includes the segments of the transport corridor that are not
supported by the World Bank. As such the environmental and social due diligence of these road
segment
s will include the preparation of environmental audits and resettlement audits prior to the
end of the appraisal period of the World Bank funded road segments. These environmental and
social audits will assess the non
-
Bank funded road segments compliance
with the safeguards
policies, identify any gaps in terms of environmental and social management and develop
corrective action plans, if needed. The Government will implement these corrective action
plans/environmental management plans/RAPs for non
-
Bank fu
nded road segments in addition to
the environmental management plans and RAPs for Bank
-
funded segments. The Bank will
monitor E&S management for both non
-
Bank funded and Bank funded road segments during
implementation to ensure compliance with World Bank
Safeguards Policies. Additionally,
consistent with application of OP 4.12, the disclosure requirements required under the Bank’s
Environmental Assessment Policy (OP 4.01) apply.


The RAP, prepared by the Borrower, is being submitted to the Bank prior to
project appraisal.
Once cleared by the Bank, this RAP required to be publicly disclosed in
-
country and also in the
Bank’s InfoShop prior to project Appraisal, with the Executive Summary being posted at that
time in English and Arabic. The full RAP, in bo
th English and Arabic will also be publicly
disclosed.



DESCRIPTION OF THE P
ROJECT


The Expressway No. 1 is one of two road works
being supported under the I
raq Transport
Corridors Project. Project activities for Expressway No. 1 involve: rehabilitation and resurfacing
of damaged sections of the Expressway and
installation of

road furniture

vital
to road safety.
Expressway No. 1 has been a
heavily travelled

road for decades and is heavily used by
freight
trucks
, tourists, and the general public. This is a high speed transport corridor that is vital to
Iraq’s economy, but which suffers
numerous deficiencies

and has a high accident rate
.
As the
Expressway alr
eady exists and will not be widened, no
new land acquisition is
required.
Project
activities will be undertaken over a four year period.


The Expressway

consists of two main sections.
The length of the
Southern part
of the road
(from Baghdad to
Safwan
-
Basra interchange) is about 510 km of 3x3 lanes with a standing lane
(15.5m width), then the road splits into a 51 km 2x2 lane heading to Basra, and thereafter it is a
64 km 2X2 lane heading to Safwan.

The
Western part
of the road from Baghdad to R
utbah is a
455 km 3x3 lane with a standing lane (15.5m width), but reduces to two 2x2 lane roads, from
Rutbah to Tribel, and Rutbah to Al Walid.
Figure 1

below shows the Expressway path (both
western and southern).

T
he Exp
ressway passes through several G
overnorates

in Iraq
-

Al Anbar,
Baghdad, Babil, Al Qadisyah, Al Muthanna, Dhi Qar and Basra
h.


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EXPRESSWAY NO.1

EXECUTIVE SUMMARY

Final RAP Report


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Figure
1
:
Map of Iraq showing the Path of Expressway No. 1


Summary
of existing
features of the Expressway are as follows:



Expressway

length, including interchanges: 1250 km



6
-
lane sections: 800 km



4
-
lane sections: 450 km



Existing Access roads : 250 km



Number of interchanges: 25



Number of expressway branches: 3



Number of expressway bridges: 80, with total length: 9230 m



Number of road
overpasses: 117, with total length: 6820 m



Length of existing drainage culverts: 100 kms



Number of rest areas with fuel station: 15 existing, but with limited facilities



Number of parking areas: 200


Road works
activities
to be supported by the Project
along the entire length of the Expressway
include the following:



Rehabilitation and resurfacing of the Expressway in sections where necessary



Installation of signs and road furniture



Provision of road safety measures including: installation of guardrails i
n the median and sides
where necessary to prevent access to the road and prevent unsafe crossing and u
-
turns by
traffic; installation of a chain link fence along both sides of the road to limit access and
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prevent animal crossings;
re
-
delineation
and cleari
ng
of the road Right of Way (ROW)
,

and
,
re
-
delineation of the

corridor of impact (COI).



Expansion of existing, and provision of new
,

service lay
-
bys to accommodate PAPs who have
encroached on the ROW or are in the COI and who will need to be relocated.

Table 1
below provides summary information on different sections of the Expressway.

Table
1
:

Expressway No.1
Road Sections

Road Section

Length
(kms)

Lanes

Existing


New Lay
-
Bys

#

Southern Section

R4: Baghdad West
-
Hilla

105

3x3

4

R
5: Hilla
-
Diwaniya

77

3x3

3

R
6: Diwaniya
-
Nasiria

1
31

(3x3)
1

1

R
7: Nasiria
-
Rumaila

145

3x3

2

R
8: Rumaila
-
Safwan

112

3x3

1

Western Section

R
9: Baghdad West
-
Hit9

124

3x3

2

R
10: Hit
-
Tullaha

134

3x3

0

R
11: Tullaha
-
Rutba

137

3x3

1

R
12: Rutba
-
Jordanian

border

129

2x2

1

R
13: Jordanian junction
-
Syrian border

76

2x2

1


PREPARATION OF THE
RESETTLEMENT ACTION
PLAN (RAP)


Preparation of th
e
RAP
, including this summary,
drew on information gathered from desk
studies, reviews of secondary data, and from
collection of new data and information

from a
Baseline Census conducted along the full length of th
e Expressway in September, 2012. The
information gathered in the Baseline Census
was revalidated

during a second visit to all sites
along the Expressway

in
June, 2013
.





1

R6 comprises 3x3 lanes of which only one side has been surfaced. Work is ongoing to surface the entire 3x3 lanes
supported by
MOCH.

This section will be subjected to a post
-
completion social and environment audit


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Desk studies and analysis of secondary data from recent sur
veys and demographic data

examined

information on communities in close proximity to the Expressway, including on settl
ement
patterns, demographic characteristics
, gender issues,
employment and livelihoods

conditions
, and
patterns of use of the Expressway. Main secondary sources included UNDP’s Poverty Analysis
survey data (2012); GOI data on Land Use (2010); and GO
I Population Estimates (2010).


New
socio
-
economic and cultural
da
ta and information was

also

gathered through an extensive
consultation and interview process
conducted along the length of the Expressway

as part of the
Baseline Census. The

data and information gathering efforts revealed that
176

entities had, over
time
, encroached on the ROW or were within
inner margins of
the
corridor of impact (
COI
).
T
hese entities will need to be relocated

under the project for safety reasons and to maintain the
integrity of this high volume, high speed transport corridor
. They are

predominantly
small
informal businesses such as food and supply shops, restaurants, vehicle maintenance and repair
shops, very small scale dispensers of fuel and oil, etc. All are located on state
-
owned land.


The informati
on gathered from the Baseline
Census shows

that these entities are
small businesses
that are
largely
unlicensed,
family owned and operated businesses
. Since more than
200 persons
will be adversely affected by the

relocation of these businesses
, the
World Bank OP

4.12 requires
that a
full Resettlement

Action Plan (RAP) be prepared.


This
executive
RAP

summary

presents, is distilled manner, some of the main details available in
the full document. The RAP fully
conforms to

the principles
and requirements
of
the Bank’s
OP

4.12 in that it
:



Is based on comprehensive efforts to gather and analyze information on PAPs likely to be
adversely affected by project activities. These efforts included desk work which identified
and reviewed secondary sources of information; fielding of a Baseline Ce
nsus along the entire
length of the Expressway; re
-
validation of the Census; and, broad
-
based public consultations
with PAPs along the length of the Expressway
; and consultations with PAPs
.



Draws extensively on, and responds to, public input gathered from
interviews, focus groups
and town hall
-
type meetings to solicit public opinion and concerns on project activities;
ensure widespread understanding of the rights of adversely affected PAPs to mitigation; and

ensure
s

agreement on the identification of PAPs a
nd proposed mitigation measures; and
widely publicize the cut
-
off date

(June 30, 2013)

for identification of PAPs who qualify for
mitigation and compensation.



Establishes mitigation measures which will ensure that the livelihoods of adversely affected
PAPs will be improved or, at a minimum maintained,
during and
following relocation.



Supports easily accessible Grievance Redress Mechanisms (GRMs) for PAPs who hav
e
concerns or grievances relating to project activities. These
GRMs will be activated prior to
commencement of project activities and will operate until all project activities are completed.
Thereafter, project activities will support the design and inst
itutionalization of an ICT (mobile
phone) facilitated “hotline” to receive and address public complaints and concerns relating to
Expressway No. 1 on a continuing basis.





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SOCIO
-
ECONOMIC
CHARACTERISTICS OF A
REAS ALONG THE
EXPRESSWAY


Land use along the
Expressway


Land use along the Expressway is predominantly agricultural, but land is less likely to be used for
agriculture in the drier western area as the Maps below show.
Settlements close to the
Expressway are relatively few except in Babil
Governorate which is considerably more
urbanized. The road is also dotted along its entire length with security check points, police
stations and, in some Governorates, Government
-
owned gas an
d service stations.

Figures 2
and

Figure 3
present distribution

of Land use.



Figure
2
:
Distribution of Land Use (Part I)


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Figure
3
:
Distribution of Land Use (Part II)



Population settlements along the Expressway


There are
6

population centers
within 1 km of the
Expressway, and a further 4 within 2kms.

The
total population of these 10

centers is



Education levels of Populations along the Expressway


The Baseline Census showed that PAPs at large have a formal education level equivalent to
middle school. However, many of the PAPs operating small businesses in the Expressway ROW
have less formal education; many have only a few years of basic education a
nd 16% report being
illiterate.



Livelihoods of Populations along the Expressway


As stated above, only a few population settlements are situated within 2kms of the Expressway,
and the most urbanized area along the Expressway is in Babil Governorate. The limited
employment opportunities in Iraq have caused many to establish small busin
esses run by one or a
few immediate or extended family members which have limited turn
-
over but are important in
that they are the most important source of income for the families dependent on them. This
Expressway, with its passing traffic, provides a cl
ient source to small businesses. This has led to
encroachment on the Expressway ROW and immediate COI by these small businesses. The
Baseline Census undertaken for this RAP identified
176

such

entities
. No
residences/
dwellings
are located on the ROW or
in the immediate COI. Beyond these
176

mostly unlicensed
small
business entities, a number of police stations, check points and other public services are also
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present on the ROW and in the COI. Relocation of entities located on the ROW and in the COI
wil
l be necessary given the need to improve safety on the Expressway through installation of road
barriers, medians, and roadside fencing. Appropriate mitigation and compensation measures will
be undertaken for sections of the Expressway whether financed by
the World Bank, the Islamic
Development Bank or
the Government of Iraq.


Table 2

presents aggregate information on the
176

privately owned business entities in the ROW
or immediate COI. Most are small, informal and unlicensed. Around one third (46)

of th
e
entities were closed at the time the
c
ensus was undertaken. During the
b
aseline re
-
evaluation, it
was confirmed that
22

of the closed entities operated
only
on a seasonal basis. Information on the
remaining
36

closed entities seemed to confirm that they were permanently closed and
abandoned, but this will be further verified prior to commencement of road construction on the
road contract section on which they are located.

Table
2
: Summa
ry of Entities along the Road


Operating

Closed but Operate
on a Seasonal basis

Possibly Abandoned

Entities

11
8

22

36



ANTICIPATED IMPACTS
ON
PROJECT
STAKEHOLDERS



The specific project activities which will adversely affect PAPs are the following:



The reclamation of the ROW and clearing of immediate COI area:
This will require the
relocation of up to
176

unlicensed
small business entities
. These will be relocated to a new
site that will enable them to continue with their livelihood opportunities.



Installation of Road Furniture:

The installation of road barriers and fencing along the sides
of the Expressway

will mean that populations that used to cross the highway cannot do so any
longer. This is a major safety feature under the project. These popu
lations will now use
underpasses that are located at 3 km intervals which will be rehabilitated and cleared under
this project.



Fencing of the Expressway:

This will
affect

some
small
businesses and cultural entities
, as
well as residents, which could adversely affect livelihoods and cultural activities.

All the
small unlicensed businesses currently operating along the expressway will be relocated to a
new venue chosen in manner to not harm their daily livelihoods.
These are mostly
restaurants, food vendors,
and vehicle

repairs

located along the sides of the Expressway
serving the passing traffic.




DETAILS OF
PAPS

WHO WILL BE ADVERSEL
Y AFFECTED BY PROJEC
T
ACTIVITIES


The Baseline Census undertaken along the entire Expressway identified PAPs who would be
adversely affected by project activities.
The
full inventory of these PAPs is provided in
Annex 1
of the
complete
RAP. The Baseline Census also identified some govern
ment and cultural entities
on the R
OW

or in the COI which could be adversely affected.
The summary of affected entities
is as follows:


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P
rivately owned small business
es

and

vending entities
. These have encroached on the
state
-
owned
ROW or are immediately adjacent to it and are almost exclusively
family owned and
operated. There are
176

of these entities,
11
8

of which operate on a year
-
round basis.
Seventeen operate on a seasonal basis only. The remaining
36

entities were closed at

the time
of the Census and the Census re
-
validation and are reported to have been abandoned. Further
efforts, prior to commencement of road works, will be made to
re
-
confirm that these have
indeed been fully abandoned.



Government
-
owned entities

leased to

private individuals
. There are 16 of these entities
which are

mainly gas stations
and restaurants. On average, these entities employ 5 workers.




H
ussaniyahs/mosques
.

Two of these were identified, both being outside the ROW but well
within the COI. The
se were
both were closed at the time the Census was done, but operate on
a seas
onal basis.

Their relocation will not be necessary, but accommodations to road barriers
and fencing will need to be made to ensure continued safe and easy access by Expressway
travellers.

There will be no restriction of access to these mosques under the project.



Security check points and
police stations.


Fifteen of these operate along the Expressway,
many of which are on the ROW or in the median area.

These will need to be relocated to a
location which will not endanger Expressway traffic. This relocation will be
undertaken by
t
he relevant
responsible
Ministry
.


Most of the entities encroaching on the ROW or
close in with
in the COI
,

are permanent
str
uctures,
being
constructed of blocks and having
either concrete or
metal sheet roofs.
However,
some portable caravans, some palm thatch booths, and some mud brick and tent structures also
exist. All of the privately owned small businesses provide services

to passing traffic; they are
restaurants; food and basic supply shops; agricultural produce vendors; tire repair and vehicle
maintenance shops; and very s
mall scale fuel and oil shops.


The

Baseline Census and consultation process showed that the PAPs
connected to the
affected
entities fall into the following categories:




Owner
:
U
sually one individual has claimed the location with or without the consent of the
authorities and invested in the structure and supporting structures (perimeter, parking, etc.)
.
Usually the owner and his immediate male family members operate the business.

Most
entities are of this type.



Tenant renters
: I
ndividuals rent the premises and operate the businesses themselves or with
the assistance of immediate family members
. These

are exclusively men. Few of the entities
are operated by tenant renters, except in the case of publicly owned and leased properties.



Workers:

Most of the entities are small and workers comprise the owner and members of his
immediate family. However, paid

employees do work in some of the larger entities, including
in the pu
blicly
-
owned leased facilities.


It should be noted that the Baseline Census, the re
-
validation of this Census, and the public
consultations did not identify any particularly vulnerable
groups (elders, women, handicapped)
who would be adversely affected by the project activities. However, a sizeable number of the
adversely affected PAPs are vulnerable in that they operate unlicensed businesses which encroach
on the state
-
owned ROW and ar
e low
-
income and have tenuous livelihoods. Cultural norms in
the transient and largely rural locations through with the Expressway runs prevent women from
working in these roadside businesses.


Table
3

below summarizes the project impacts on PAPs.

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Table
3
: Project Impacts on PAPs

Category of
Loss

Eligible person

Compensation

(USD)

Responsible
Agency

Timeline

Structures &
Buildings

Operating business
vendors ( including
seasonal vendors)

5,
285
,
28
0

MOCH

Vendors will be relocated to the
new shops situated in dedicated
lay
-
bys following construction of
the shops

Closed business
vendor ( Abandoned)

4
23
,
4
00

MOCH

Same as above if owner of
seemingly abandoned structure is
identified and business is
confirmed as being seasonally
operative rather than abandoned.

Income

Operating business
vendors

N/A


Since lay
-
bys and replacement
structures will be completed prior
to commencement of PAP
relocation no loss of income by
vendors is expected. However, if
loss is incurred due to time taken
to relocate heavy equipment,
compensation will be based
average dai
ly household income
pro
-
rated by days taken for
movement of heavy equipment,
with a cap being set at 5 days

Seasonal business
vendors

N/A


Same as above


Wage workers

N/A


Same as above

Other costs

Paving and new
Facility provision
(WC, Parking, Waste

disposal etc.)

1,
629
,
99
0

MOCH

During RCs as it is applicable and
before relocation of PAPs

Public Security
facilities &
checkpoints

N/A

Ministry of
Defense

Ministry of Defense responsible
for relocation of staff and
facilities and for all associated
costs



PUBLIC CONSULTATIONS


The public consultation process sought to gather information from as wide a range of PAPs as
possible through three different
approach
e
s:

(i)

Unstructured, informal interviews and discussions with randomly selected individuals
along the entire length of the Expressway. These individuals included owners of business
entities; workers in business entities; vendors; clients of business
entities; agricultural
workers; herders; community members; private travellers; drivers of commercial
vehicles; etc. The objective of this consultation approach was to present information on
the project to a broad range of persons using the Expressway in
some way and to gather
information from a one
-
on
-
one approach that encouraged free and open thinking and
responses in individuals’ “typical setting”. All responses were anonymous to encourage
free expression of opinions. This type of interview was undert
aken during the fielding of
the Baseline Census in September, 2012.

(ii)

Small, informally constituted, focus group discussions which followed a structured
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information sharing and questionnaire format. This type of public consultation was
carried out with rand
omly selected entities at points along the Expressway where there
were agglomerations of entities. The objective of this consultation approach was to
gather information from small groups of PAPs engaged in similar activities which could
jointly share and
discuss issues, so highlighting common and divergent opinions.

(iii)

Large Town Hall
-
type consultations open to invitees and the general public. Two such
consultations were held, one at a central point on the Western Section of the Expressway
and one at a centr
al point on the Southern Section of the Expressway. Invitations were
issued in advance to a full range of PAPs, including government (Governorate, local, and
Ministry representatives), private and commercial sector PAPs, NGOs and Associations,
and communi
ty representatives. Public announcements of the meetings were also issued
to encourage open participation. The objective of these meetings was to make formal
presentations on the project activities, inform the public of the rights of PAPs, discuss the
pr
oposed mitigation and compensation measures in detail, including discussion of the
procedure used to identify adversely affected PAPs; confirm the cut
-
off date for
identification of adversely affected PAPS, and encourage open and public discussion and
deba
te about the project. Numerous press representatives were invited and attended the
events.


At
all consultations, time was given to the following:



Background
on,
and need for
,

the project



Expected works to be executed (resurfacing, installation of guardrails, and fencing, re
-
establishment of a clear ROW and immediate COI) and
duration

of project activities




Locations along the Expressway which will be
affected



The objectives of safeguards

procedures and presentation of the rights of adversely
affected PAPs to mitigation



Question

and
answer time for
PAPs.



Discussion of Mitigation and Compensation measures that
would be acceptable
to

adversely affected PAPs



Presentation of the
grievance
redress mechanism
s that will be
operational



Timeline for project activities and responsible institutions.


During both the town halls and road
-
point public consultations


at which community
representatives, owners, renters and employees business entities,

farmers, and government
officials participated
--

discussions were held on possible mitigation measures for adversely
affected PAPs. There was widespread agreement that adversely affected PAPs should be
provided with replacement facilities in an accessib
le, nearby location. There was no interest in
cash compensation as an alternative to relocation. PAPs who were likely to be adversely affected
uniformly agreed that replacement of existing facilities with an equal or improved structure of the
same size w
ould be very acceptable. PAPs were also appreciative that dedicated lay
-
bys would
formalize their business concerns, significantly improve their safety from high speed passing
traffic, and significantly improve their working conditions since services (WCs
, waste disposal,
parking) would be provided in the lay
-
bys.


The principal issues and concerns brought up during the
town hall
consultations
which were held
following the interviews and focus groups, and after collection and analysis of the Baseline
Census,
were that:

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Participants were strongly supportive of the proposed mitigation and compensation
procedures

relating to relocation of businesses on the ROW and the immediate COI area.
Mitigation provides for relocation of businesses to dedicated lay
-
bys provided with
services and clustered around a gas station located near an interchange
.

Relocation would
onl
y happen after the lay
-
bys had been established and the replacement business
infrastructure would be better than, or at least equivalent to, the existing structures.
PAPs
considered the mitigation to provide opportunities for significantly improving their

business infrastructures and, by grouping small businesses in lay
-
bys served by gas
stations, greatly improving their business and income prospects.



Participants agreed with the procedure and cut
-
off date for the identification of adversely
affected PAPs

which is June, 2013.



Participants expressed very limited concern
about
the likelihood that they would need to
travel to the new lay
-
bys given the mitigation measures
, the fact that they would be
relocated

to a site near their existing business,

and their e
xpectations of improved business
opportunities

at the new lay
-
by.




Participants expressed concern about sand blowing across the road which causes many
accidents. They agreed that the installation of a median and road barriers would help
reduce this proble
m.



Participants requested that dedicated areas for
heavy vehicle parking

to limit trucks
stopping on the ROW. They appreciated that road barriers would limit roadside parking of
trucks and that parking at lay
-
bys would provide alternatives to roadside pa
rking.




There was strong interest in b
eautification of the Expressway
through tree planting.




PAPs requested that

priority be given to locals living along the Expressway
for any
employment opportunities
as many of them are jobless.



PAPs requested improved

maintenance of the Expressway following rehabilitation.



PAPs requested that
traffic centres with ambulances
be established
at

different points so
accidents can be dealt with quickly



PAPs expressed concern about the many police and security
centres along
the road
which
cause many accidents and need to
be moved.



MITIGATION MEASURES


M
itigation measures
will
be provided to all adversely affected PAPs identified in the Baseline
Census re
-
evaluation undertaken in June 2013. These PAPs can be sorted into
5

different groups

of PAPs, each of which will be somewhat differently affected by project activities

and which,
therefore, will receive appropriate mitigation. These 5 groups are
:


(i)

PAPs in
Business Entities

Operating Year
-
round
:
The baseline Census identifies
11
8

entities along the Expressway which are active and operational year
-
round
. Interviews and
public consultations with these PAPs
, including owners and workers,

revealed strong
support for mitigation measures that involve r
elocation to nearby service lay
-
bys with
dedicated parking and facilities (WCs, waste disposal, parking).
These service lay
-
bys will
create agglomerations of small businesses around a gas station located near interchanges
which will concentrate travellers

around a fuller and better organized set of services.
The
location of these lay
-
bys
will be developed to ensure there is no loss of income to these
business entities (i.e., that their living standards are expected to be maintained).

PAPs will
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be provide
d with
a
replacement structure of the same size (m3
)

as the one forfeited which
will be of
equal

or generally better
construction.


The new relocation site will be established prior to relocating PAPs thus ensuring there is
no loss of income in the interve
ning days between the relocation. In the few instances that
the relocation takes longer (
i.e.
, a few days because large e
quipment such as fridges,
generators

are moved), cas
h compensation will be pro
-
rated based on average Iraqi
household annual income (US
$13,000) by number of days taken for relocation

(capped at 7
days) and paid to both owner/s and workers
.


Figures 4
and
Figure

5
show the existing official stations. The proposed official stations are
shown in
Figure

6
.
Table
4

below
shows

the
55

service lay
-
bys

(relocation site)
to which
PAPs receiving mitigation will be
relocated. These
lay
-
bys will be created around both
existing and n
ewly established gas stations

as presented in
Table
5
.


Figure
4
: The Express Way 01
-
Existing Official
Gas
Stations


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Figure
5
: The Express Way 01
-
Existing Official Stations



Figure
6
: The Express Way 01
-
Proposed Official Stations




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Table
4
: Existing
Government Service Areas
and Fuel Stations where service lay
-
bys will be
established for relocation of PAPs

Name Of Entity

English Name

Station
Name

Name of Owner

Area of
Lands (m
2
)

Gas station

Alshumli

يلموشلا

Ministry of Oil

1000

Gas
station
-

Rumailah

Tal Allahm

خويشلا قوس
محللا لت /

Ministry of Oil

1500

East Rutba Restaurant
Station

East Rutba
-

Upper

ةبطرلا برغ
دعاص/

General Directorate for
Roads and Bridges

6000

Arab Gulf Station

Ala'skandariyah

ةيردنكسلإا

General
Directorate for
Roads and Bridges

3300

Al Nada Fule Station

Al
-
Fallujah

ةجولفلا

General Directorate for
Roads and Bridges

3500

Station and Restaurant of
West Al Rotbh

West Rutba
-

Lower

برغ
لزان /ةبطرلا

General Directorate for
Roads and Bridges

5300

Medina Al Monawarh
Station

Upper Ramadi

يدامرلا
دعاصلا

Abdulsattar Juber

1250

Gas Station

Al
-
Mahmudiyat
-
T 10

ط تايدمحملا
/
01

General Directorate for
Roads and Bridges

1500

Tolaha Gas Station

Tullaha

ةحيلط

General Directorate for
Roads and Bridges

600

Al Ghota Al moshayyadh
Station

East Rutba
-

Lower

ةبطرلا قرش
لزان /

General Directorate for
Roads and Bridges

6000

Al Rotbh Cross Restaurant

Rutba
Intersection
-
Upper

ةبطرلا عطاقت
دعاصلا /

General Directorate for
Roads and Bridges

4500

Al Rotbh
Cross Restaurant

Rutba
Intersection


Lower

ةبطرلا عطاقت
لزان /

General Directorate for
Roads and Bridges

4500

station of West Al Rotbh
(Al Abed)

West Rutba
-
Upper

ةبطرلا برغ
دعاص/

General Directorate for
Roads and Bridges

400

Trebeel Restaurant +
Gasoline Station

Treibil

ليبيرط

General Directorate for
Roads and Bridges

3300

Al Waleed Restaurant+
Gasoline Station

Al_Walid

ديلولا

General Directorate for
Roads and Bridges

5000


Table
5
: Proposed New Fuel Station and Service Lay
-
bys to be
established

for

Relocation of PAPs

Name Of Entity

Station
Name

English
Name

Name of Owner

Area of Lands
(m
2
)

Gas station

يلموشلا

Alshumli

Ministry of Oil

1000

Gas station
-

Rumailah


محللا لت

Tal
Allahm

Ministry of Oil

1500

Arab Gulf Station

ةيردنكسلإا

Ala'skandari
yah

General Directorate for Roads and
Bridges

3300

Al Nada Fule Station

ةجولفلا

Al
-
Fallujah

General Directorate for Roads and
Bridges

3500

Medina Al Monawarh
Station

يدامرلا

Al
-
Ramadi

Abdulsattar Juber

1250

Gas Station

تايدمحملا

Al
-
Mahmudiyat

General Directorate for Roads and
Bridges

1500

Tolaha Gas Station

ةحيلط

Tullaha

General Directorate for Roads and
Bridges

600

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(ii)

PAPs in
Seasonally active Business
es
:
The baseline Census identified
22

small business
entities that are either encroaching on the ROW or in the COI which operate on a seasonal
basis. Mitigation for these entities will also consist of relocation to a service lay
-
by

situated close to the
present location of the business. Replacement structures will be of
the same size (m
3
) and of equivalent, but generally improved, construction. C
ash
compensation being provided if transfer of heavy equipment results in some loss of
livelihoods
.

Such com
pensation will be provided to owners
will be pro
-
rated based on
average Iraqi household annual income (US$13,000) by number of days taken for
relocation (with a cap being set at 7days).


(iii)

PAPs using roadside Hussaniyahs/Mosques:

Users of t
he
two small
huss
aniyahs/mosques situated very close to the ROW

which were identified in the
Baseline Census
could be hindered by the installation of road barriers and roadside
fencing. T
he hussaniyahs/mosques will
not
need to
be relocated.
Users will have
safe
and ready

access

via

access roads from the Expressway
which will pass through
entrances
provided
in the road barriers and fencing.
The MOCH will cover the costs involved in
providing safe traffic access to these hussaniyahs.


(iv)


“Probably
abandoned
” business

entitie
s
:

The

Baseline Survey identified
36

business
entities on the ROW which are reportedly “probably abandoned”. The

size and
composition of these entities has been recorded as part of the Baseline Census. Further
efforts will be made prior to road construction to confirm that they have indeed been
abandoned. If some are determined to have not been abandoned then the
same mitigation
measures will be applied to those cases

as for the seasonally active businesses
.
Since
some of these entities are in good repair and others in very poor repair, the assumption
has been made that up to
50% of these entities may not have bee
n abandoned

and
mitigation costs have been budgeted accordingly.


(v)

Persons needing Access across the Expressway
:
Traffic along the Expressway is heavy
and travels at high speed. Crossing the Expressway

itself
is very unsafe and will be
curtailed under the
project by the installation of road median and side barriers and road
-
side fencing. Although this will improve safety, it risks fragmenting communities and
agricultural and nomadic/herding activities.
There are no adverse livelihood impacts for
herdsman
and other population used to crossing the expressway since their safe passage
across the expressway will be assured through the clearing and
rehabilitation of existing
under
-
passes which are spaced at
a maximum of
3km intervals

in agricultural and
inhabite
d areas
. Such under
-
passes already exist but have fallen into disrepair over time,
being blocked by sand, brush and other debris. The project will support the clearing and
rehabilitation of these under
-
passes which can accommodate pedestrian traffic, far
m
equipment, herders and animals, etc. Clearance of the under
-
passes in each road section
will be undertaken prior to installation of fences and road barriers so cross
-
road travel is
not inhibited.





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NUMBERS OF PAPS BY G
OVERNORATE AND ROAD
CONTRACT (C)
SECTION


The entities that will be adversely affected by project activities are spread across 6 governorates,
as shown in
Table
6
: Close to 46% of these are located in Babil Governorate and around 18% in
Al Anbar and Dhi Qar.

Table
6
: Number of Affected Entities by Governorate (incl. operational, seasonally
operational and possibly abandoned)

Governorate

No. of Entities

Babil

66

Al
-
Anbar

26

Dhi Qar

25

Al Basra

4

Al
Qadisiya

14

Al M
u
tha
n
na

41


A complete
Entitlement Matrix
has been developed, and is included in the full RAP which
provides detailed information on the PAPs qualifying for mitigation, including their location by
governorate, GPS location, Road Contract location, and details of their names, nature of business
or
other concern, and mitigation provisions, including identification of lay
-
by relocation site. The
Entitlement Matrix includes information on all adversely affected PAPs
.

The information in this
Matrix was collected from the Baseline Census which was re
-
v
alida
ted through a follow
-
up visit.

The Entitlement Matrix includes estimated mitigation costs for the operational and seasonally
operational entities, the costs of which will be covered by MOCH.


The total mitigation cost for the full Expressway for reb
uilding of relocated operational and
seasonally operational entities amounts to $5,
285
,
28
0. The cost of rebuilding “probably
abandoned” entities which are found, through further checking, to not have been abandoned and
are relocated is $4
23
,
4
00 (based on
an assumption that up to 50% of these entities are found not
to have been abandoned). The cost of proving paving and facilities (WCs, parking areas, waste
collection areas) is $1,
629
,
99
0. Hence, the total mitigation costs are estimated to be $7,
338
,
67
0.



GRIEVANCE REDRESS ME
ASURES


MOCH will
, with Governorate support,

establish a Governorate Resettlement Committee (RC) in
each project Governorate
to
oversee the effective operation of a Grievance Redress Mechanism
(GRM). The GRM will be
easily
accessible

to
the public want
ing

to report complaints or seek
redress for project activities that cause th
em
or their communities harm. Information on the
GRM will be widely disseminated through local newspapers and via sign boards posted at road
works en
trances and at each service lay
-
by. Additionally, the MOCH website will pr
ovide
information on the GRMs.


The Governorate Resettlement Committees will include the following Representatives:



Ministry of Construction and Housing/ Project Management Unit (PM
T)

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Expressway Department



Governorate Council



Local Council



Ministry of Agriculture



Legal Consultant



Financial Department



Representatives of communities close to the Expressway in the specific Governorate


The GRMs established in each Governorate are
expect
ed to resolve grievances and
misunderstandings
arising

in relation to the resettlement
and mitigation process
for Expressway
No. 1.


The Governorate and MOCH will keep detailed records of all grievances received and responses
and remediation provided.


The
GRMs are
designed to be easy, transparent and fair. The proce
dural steps and responsibilities
under the GRMS will be as follows:



At the first stage, PAPs will register their complaints and grievances to the Governorate
Resettlement Committee
level of t
he GRM
which will provide a written response to the
PAPs, within fifteen calendar days of receiving the complaint.



If PAPs are not satisfied with the decision of the Governorate RC,
they
will present the
case to the MOHC within fifteen (15) calendar days o
f receiving the written response from
the RC

level GRM
.



If PAPs are not satisfied with the decisi
on of the MOHC, they can submit their
case to the
Governorate Council, or Municipality Council

level of the GRM which
must respond with
15 da
ys of receiving th
e complaint.



If PAPs remain dissatisfied with the responses they may take the case to the courts.
PAPs
will be exempted from all administrative and legal fees.


The GRMs will operate for the full 4 years during which project activities are underway.
After
that period, PAPs will have access to a technology
-
based GRM (based on mobile phone systems)
which will be designed and operationalized under the project and will be integral to routine
management and maintenance of the Expressway.



RESPONSIBLE INST
ITUTIONS,
IMPLEMENTATION SCHED
ULE, AND
MONITORING AND EVALU
ATION RESPONSIBILITI
ES


Responsible Institutions


The principal institutions responsible for the Resettlement and Mitigation processes are the
following:



the Ministry of Construction and Housing
(MOCH) who will oversee and finance the
Resettlement and Mitigation

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Governors and relevant officials in the Governorates through which the Expressway
passes who will be responsible for implementation of the Resettlement and Mitigation
activities, and who w
ill ensure effective management and operation of the Resettlement
Committees (RCs) and GRMs



Municipalities along the Expressway which will play an important field
-
level role in
managing the GRM process and be the first level of approach for the GRM and who

will
support waste collection from lay
-
bys



The World Bank which will work with the GOI to ensure compliance with policies
OP4.12 and OP4.01.



Implementation Schedule


A detailed implementation framework that adequately manages the mitigation measures
will be
set up in coordination with the authori
ties and the PAPs for each Expressway Contract/road
segment. The implementation framework, is already prepared in advanced draft form, and details
the approach and timeframe for the construction and for the pr
ovision of the new service lay
-
bys
and structures that will accommodate the PAPs being relocated. These will be discussed with
PAPs in each road section in further consultation sessions.


The time frame for project activities and the provision of mitigat
ions is 4 years
. This is also the
time frame for resolution of any conflicts and grievances raised by PAPs through the GRMs.
.
Prior to commencing any rehabilitation works for each Road Contract (Segment or “R”), the
MOCH
will
have finalize
d

all mitigatio
n agreements with all PAPs who will be adversely
affected by the road works on that Road Contract.

Any conflicts or grievances occurring beyond
the 4 year period of project activities will be resolved via the “Expressway Hotline”, a mobile
phone and IT ba
sed system which will be set up under the project to respond to citizens’ and
Expressway users questions and concerns.


The implementation schedule
should follow the schedule outlined in the
Table

7

below:


The budget for the resettlement is based on the

cost of the substitute facilities where the
establishments are to be relocated. The cost reflects the provision of replacement structures
which, at a minimum, are equivalent to the existing structure as was the agreement reached
through the interview and
public consultation process with PAPs. However, in most instances,
the replacement structures will end up being significantly improved structures as they will follow
building code standards which most of the original entities did not.

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Table
7
:

Timeline for Social Safeguards Activities by Road Contract

Core Social Safeguards
Activities

Contract 4

Contract 5

Contract 6

Contract 7

Contract 8

Contract 9

Contract 10

Contract 11

Contract 12

Road Work to Commence

10/2013

10/2013

Ongoing

03/2014

03/2014

09/2014

05/
2014

2015

05/
2014

Set up & Activate
Resettlement Committee

09/2013

09/2013

09/2013

02/2014

02/2014

08/2014

TBD

TBD

TBD

Disseminate information
on Grievance Redress
System to Communities
& PAPs

09/2013

09/2013

09/2013

02/2014

02/2014

08/2014

TBD

TBD

TBD

Final Baseline Census of
PAPs delivered to
Governorates by MOCH

09/2013

09/2013

09/2013

09/2013

09/2013

09/2013

09/2013

09/2013

09/2013

Relocation of PAPs to
new service lay
-
bys
commences

05/2014

09/2014

10/2013

09/2014

09/2014

03/2015

TBD

TBD

TBD

Resolution of Conflicts &
Grievances

09/2013
-
10/2015

09/2013
-
11/2015

09/2013
-
11/2015

02/2014
-
10/2016

02/2014
-
04/2016

08/2014
-
03/2015

2014 thru

2016

2015 thru
2017

2014 thru
2016

Quarterly Monitoring
Report on Mitigation &
Compensation by Road
Contract delivered to
MOCH and World Bank

Quarterly
04/2014

11/2015

Quarterly
08/2014
-
11/2015

Quarterly
09/2013
-
11/2015

Quarterly
08/2014
-
10/2016

Quarterly
08/2014
-
04/2014

Quarterly
02/2015
-
04/2017

Quarterly

thru end 2016

Quarterly
thru end 2017

Quarterly
thru end 2016



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MONITORING AND EVALU
ATION


The resettlement and mitigation measures for adversely affected PAPs which are detailed in the
Entitlement Matrix need to be carefully monitored by the MOCH to ensure effective
implementation. The 2 social experts working under the MOCH on the TCP will ov
ersee the
monitoring process and record progress and challenges. The Governorate
-
level MOCH social
experts (typically 2 officials in each Governorate) are to be assigned responsible for ensuring
effective monitoring is done in the Governorate in which th
ey work. These officials will be
responsible for ensuring that site visits are made to observe and record resettlement and
mitigation processes, and interview and respond to concerns expressed by the PAPs.


Additionally, appropriately timed public consultations will be held in each Governorate so PAPs
can report on their satisfaction with the resettlement and mitigation process and raise concerns.
These officials will also draw on information received from t
he GRM system in their
Governorate to inform their monitoring activities.


The monitoring activities must be undertaken consistently through preparation and
implementation of the resettlement process, and also subsequent to the resettlement to ensure
com
prehensive information is gathered and responded to through the entire process. The
Governorate officials are responsible for forwarding monitoring information to the MOCH on a
monthly basis once the resettlement and mitigation process gets underway. The

MOCH staff are
responsible for collating the information received and entering it into a data and information base
which measures inputs, outputs and outcomes from the various resettlement activities, and which
records the involvement of the affected PAPs
.


When this process identifies PAP grievances or issues that are persistent and do not seem to be
being resolved through the GRM system at the local and Governorate level in a timely manner,
the MOCH staff are responsible for intervening and providing a
ppropriate assistance to identify
and resolve the situations. After resettlement activities have been completed on a specific road
contract, the MOCH staff will review the process


The Bank will supplement the MOCH’s monitoring process by supporting sup
plementary and
independent monitoring which will be undertaken during regular project supervision missions
and, where necessary, by contracted consultants having the appropriate expertise, knowledge of
local country context, and language capacities.