Acronyms - World Bank Group

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FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

URBAN WATER SUPPLY AND SANITATION





PROJECTS:


SOCIAL AUDIT of

Hawassa Water Supply and Sanitation Project

AND

Jimma Water Supply and Sanitation Projects
















FEKADU ADUGNA (PhD)

March 2012

E1566 v2

Contents

Acronyms

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3

Acknowledgments

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

4

1

Social Audit

for Ambowuha Spring Development at Hawassa Water Supply and Sanitation and Jimma
Water Supply and Sanitation Project

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

5

1.1

Backgr
ound

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

5

1.2

Objectives of social audit

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

6

1.3

Expected output

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

6

1.4

Methods of data collection

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

6

2

Field report

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

7

2.1

Ambowuha S
pring Development at Hawassa Water Supply and Sanitation Project

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

7

2.1.1

Land acquisition/expropriation

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

7

2.1.2

Land acquisition at the spring site

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

7

2.1.3

Land acquisition on the transmission line

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

7

2.1.4

Land acquisitions at the reservoir site
................................
................................
..........................

8

2.1.5

Affected Fences

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

10

2.1.6

Consultations and grievance addressing mechanisms

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

10

2.1.7

Adverse livelihood impacts

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

10

2.1.8

Adverse social impacts

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

11

2.1.9

Lesson learned

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

11

2.2

Jimma
Water supply and Sanitation Project

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

11

2.2.1

Land acquisition/expropriation

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

11

2.2.2

Loss of other assets

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

12

2.
2.3

Consultations and grievance addressing mechanisms

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

13

2.2.4

Adverse livelihood impact

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

13

2.2.5

Adverse social impact

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

13

2.2.6

Lesson learned

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

14

3

Legal
Framework for Expropriation and Compensation

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

14

4

Concluding remarks

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

15

5

Recommendations

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......

16

References

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16




Page
3




ACRONYMS

ESIAS


Environmental and Socio
-
economic Impact Assessments and Safeguards

ESMF Environmental and Social Management Framework

FGD Focus Group Discussion

PAP


Project Affected People

UWSSP

Urban

water supply and sanitation programs




Page
4




ACKNOWLEDGMENTS

A number of individuals contributed to the successful completion of this social audit. First and for
most, I am grateful to the project affected people
s

(PAPs) who shared with me
their views and
attitudes abou
t
the water

project
s
.

I am also thankful to

Ato Letta Yetamo,
manager of Hawassa
Water Supply and Sanitation Enterprise
,
and
his
colleagues

Ato Demissie and Yohannis who
accompanied
me
during my visits to the water construction sites and
for
collecting all relevant
documents respectively.
I am highly indebted to Abdu Mohammed Abba Fogi, manager of Jimma
water supply and sanitation project and his affectionate staff members: Ismael Abba Jihad, Ahmed
Kedir, and Awal Mohamed. Abdu accompanied me
to all the water construction sites, to some of
them two times, exhaustively explained to me all the details and socialized me in Jimma when my
health was rather flimsy.



Page
5






1

SOCIAL AUDIT FOR AMB
OWUHA SPRING DEVELOP
MENT AT HAWASSA

WATER SUPPLY
AND SANITATION AND J
IMMA WATER SUPPLY AN
D SANITATION PROJECT

1.1

Background

Ambowuha Spring Development at Hawassa Water Supply and Sanitation and Jimma Water Supply
and Sanitation Projects are two of t
he five Worl
d Bank funded urban water supply

and sanitation
programs (UWSSP) in Ethiopia.

The remaining three are Addis Ababa, Mekele and Gonder. The
main objectives of the project are (i) to increase access to sustainable water supply and sanitation
services for the dwellers; (ii) improve the lives

and health of the people living in the town; and (iii)
promote investment and economic development oriented interventions. This includes increasing
water production, expand distribution network to un
-
served and low
-
income areas (ESIA,

2010
).

The followin
g is
brief introductory information on the projects of the two cities included in this
social audit: Hawassa and Jimma.
Hawassa is a capital city of Southern Nations Nationalities and
Peoples Regional State (SNNPRS). It is a flourishing and expanding city
that recently witnessed
new
public institutions and numerous private businesses.

Th
is has

caused shortage of water. The selected
source of water is
Ambowuha
spring

and other two smaller springs:

Tunto and Shallo
. While the first
two are very close to each other (less than one hundred meters), Shallo is located at about one
kilometer and a half from the two. According to the initial study, Ambowuha, Tunto and Shallo yield
57 liters per second, 5 liters per second
and 10 liter per second respectively

(ESIA, 2010)
. All the
three
springs are located in Shasha Kekele kebele of Wondo woreda, Oromia National Regional
State. The kebele had been part of the Hawassa Zuria woreda, Sidama Zone of the
SNNPRS

until the
referend
um that took place in 2008.

The water project built
three
cattle troughs and
two
washing
basin
s that can accommodate eight people at a time

on Shallo spring
for the people aroun
d the source
of the spring. Two

communal water tabs have also been constructed
for the nearby village. Initially
the plan was to give 5 liters per second for the people around the source of the spring from the 10
liters per second the
Shallo
spring can produce. Currently, they are negotiating on increasing the
amount of water and exp
anding the communal water tabs to the other nearby villages.

Jimma is situated in southwestern Ethiopia in Oromia National Regional State at 352 kilometers from
Addis Ababa. Jimma water supply and sanitation project is a big project that includes rehabili
tation
of intake structures, replacement of old water pumps, numerous constructions at the new water
treatment plant, and three reservoirs. An old water pump that conveys raw water from intake
structures on Gilgel Gibe River to the new water treatment plan
t located at Boye has been replaced
by new ones. A new pipeline that conveys clean water from the new water plant at Boyye to two big
reservoirs

at Jiren Kella
and then to the Ginjo booster station and a small reservoir at Abba Jifar site
is under construc
tion
.



Page
6




1.2

Objectives of social audit

The objective of this social audit is to validate the extent of the impact of the Ambowuha
spring
development at

Hawassa water supply and sanitation project

and

Jimma water supply and sanitation
project
on land and/or people (land acquisition, resettlement and livelihood restoration of the affected
people) and to confirm and corroborate whether farmers and other households have had land
acquired, been resettled, and if so have been compensated for the los
s of land and other assets
as
detailed in the Environmental and Social Impact assessment of the two projects.
Specifically the
audit will establish:



What compensations and livelihood restoration packages were provided to all affected
persons including the
farmers whose land has been acquired;



What percentage of land was acquired from each of the farmers;



Was there loss of any other assets such as trees, tukuls, water source, grazing land, etc.



Were any of the farmers or other households, tenants or busine
sses affected and, if so what
assets have been lost and have they received compensation for these assets?



Whether farmers or other households were satisfied with the compensation packages offered
(with particular focus on female headed households and othe
r vulnerable groups);



Whether farmers or other households were consulted in the process of determining the
compensations;



Whether grievance mechanisms and procedures are put in place and affected persons are
adequately aware of;



Whether there have been adverse impacts on livelihood of farmers as a result of the land
acquisition; and



Whether there are potential adverse social impacts that could be caused by the project.

1.3


Expected output

A short report of key findings regarding the

points outlined above, key lessons learned and
recommendations.

1.4

Methods of data collection

The data for this report was collected both from secondary and primary sources. Secondary
documents such as ESMF, RPF, ESIA and other official documents, minutes o
f meetings concerning
project affected people and the compensations they received are properly consulted. On top of that
a
brief semi
-
structured and in
-
depth interviews, focus group discussions (FGDs) and site observations
were used.

In Hawassa,
the consul
tant
conducted

six detail
ed

interviews with PAPs, four with
relevant officials from Kebele chairman up to the mayor, and two focus group discussions: one with
representatives of
the affected religious institutions
and one
with

affected households
.

In Jimma
,
the


Page
7




consultant
interviewed five of the seven PAPs, the water project officials, the relevant administration
officials and
the consultant
undertook one
FGD

with the Jimma city administration’s compensation
committee members.

2

FIELD REPORT

2.1


Ambowuha
Spring

Development at Hawassa Water Supply and Sanitation Project

2.1.1

Land acquisition
/expropriation

Plots of land belonging to 24
households and

institutions
have been
acquired

by the

Ambowuha
water project:
1

at the spring devel
opment site

and

23

at the
Eredo reservoir site
.

The transmission
line also acqui
red some land from ELFORA Agro
-
I
ndustry PLC
.

This social audit describes the land
acquisitions
;

mitigation

measures taken;

check
s

whether the mitigation measures

were consistent
with the provisions give
n in the RPF of the project and ESIA
;

and
summarizes the PAPs’
compensation. A separate
appendix
(not disclosed)
provides specific details of individual PAPs
by
comparing the

matrix of actual compensation paid with the estimated compensation in ESIA.

2.1.2

Land acquisition a
t the spring site

Of the three springs
that constitute Ambowuha water project one spring (
Ambowuha
) i
s
situa
ted
within a privately owned plot.
The area
was

owned by

an individual
.
. The water project
expropriated

968
m2
out of his
total
12000
m2 plot of land
. He lost less than 9%
of his farmland.
This
spring side

plot has been used for crops such as

cabbage, potato, maize, p
e
p
p
er
and
some
perennial trees
specifically

eucalyptus

tree
s
.

The owner

is a young entrepreneur engaged

in multiple
businesses and
diverse income generating activities. He has a lorry
; houses in Wondo, Shashemene and Hawassa,
and he is a salaried civil servant.

The loss of the plot of land did not affect his livelihood
, and even he
did not claim compensation
.

However, based on estimation report from Wondo Woreda Agriculture
Office, Oromia Regional State, to which the spring area belongs
, h
e was paid 15
,
000 Birr
compensation, which is
in line

with the environmental and social impact assessment

as well as the
pr
ovisions of the RPF
.


2.1.3

Land acquisition o
n the transmission line

A 9.3 kilometers long
transmission pipeline
is constructed
from the spring source at Ambowuha to a
reservoir station situated on Er
edo hill
, at the periphery of Hawassa city.
Around
8
0% of
this

(7.4

kilometers
)

are situated within ELFORA
Agro Industries PLC, a private investment

venture
. The
investor uses most of the land for grazing and
only insignificant
part

is

cultivated.
The impact of the
transmission
pipel
ine
on ELFORA Agro Industry PL
C was

mostly
tem
porary as after the pipe

was

buried underground the land can se
rve
whatever

purpose it wa
s meant for.
The owner of ELFORA
Agro
-
Industry allowed the water project without claim to any compensation.
During
the brief
fieldwork
,

the consultant
visited

a culvert where the pipeline crosses Tikurwuha River partly situated
within the ELFORA site

(see the picture
below
)
.
The consultant
also
spoke to a tractor driver who


Page
8




was on duty
and he
said
he was

instructed by the
ELFORA

authorities to make a maximum care
for
the pipeline around the culvert where it is laid
above

the ground.
That shows the
attitude of the staff
of ELFORA Agro Industry PLC towards
the water project.

The remaining pipeline passes through
public lan
d includi
ng the Tikurwuha swamp, which is in fact consistent with ESIA.




Picture1:
T
he transmission line cross
ing the ELFORA field (left), and

the Tikurwuha swamp and
the
river

(right)

2.1.4

Land
acquisitions

at the r
eservoir site

The reservoir
wa
s built on the top of Eredo hill.
The
main

selection criterion of the area for building
the reservoir there
wa
s its elevation which makes it suitable to pump down the water by gravity to
supply the eastern part of Hawassa city where important institutions
such as Hawassa University are
located.
It

was built in a compound
of

32
,
000
m
2

wide out of which 17
,
457m
2

was expropriated from
three

churches

(Catholic, Hiwot Birhan and Mekane Yesus)
,

a mosque
and

17

households

and a land
held by a kebele

youth association
.
Of these thre
e churches, Hiwot Birhan and Me
kane Yesus had
two plots of land in the compound.
Catholic Church lost 3600m
2
.

Two churches
under the name
Hiwot Birhan each of them lost 3294
m
2

and 1848
m
2

and
two
churches

of
Mekane Yesus

each of
them

lost

1848
m
2

and 1925m
2

. The

mosque lost 716m
2
. Their properties on the land range from a
simple

wooden

fence to a medium size house.

Only Mekane Yesus church

had constructed a medium

size

mud house to use as a

church
on one of the plots and the
mosque
started a construction of a
small
size
house.

Compensation
s were properly

calculated

for fences, crops and the mud house in
adhe
rence to the law of the land
, which is also in

line with the approved RPF
. The calculations w
ere
made

by construction and agricultural experts

and paid as per the ESIA.


While Catholic Church, the two churches of Hiwot Birhan and one of Mekane Yesus churches
satisfied

with the compensation arrangements, the
other
Mekane Yesus

church

which built a

small
house

and
the mosque filed their complaints following the grievance airing mechanism of the project.

They filed their complaint at the Hawassa water and sanitation enterprise office and the city
administration.

Their complaint was that they prefer land for land substitution to cash for land,
and in
the absence of that they asked to raise the amount of compensation. The original amount of


Page
9




compensation calculated by the experts

and recorded in ESIA

was 44,064

Birr

and 4560

Birr

for
the
Mekane Yesus church and mosque respectively.
The mayor of Hawassa city
was
involved in the case
and had set up a

special

committee to investigate their complaints.
After

protracted negotiations
between the church and the mosque
offic
ials

on
one
side and the
especial
committee

established by
the mayor

on

the other side for more than six months
,

they agreed on
raising

the amount of
cash
compensation
.
Accordingly, com
pensation for Mekanne Yesus
rais
ed

to 95
,
200 Birr and that of the
m
osque to 20
,
686 Birr.
Officials of the Mekane Yesus church and the
m
osque agreed
on

the new
amount

and received the money while I was in Hawassa for this fieldwork.







Picture2:
The Mekane Yesus C
hurch

(left)

and the construction begun on the
land given to a mosque
(right)

As mentioned above, b
esides the
se

religious institutions,

1
7

households

and the kebele Youth
association

have
lost
plots of
land and properties

at the reservoir site.
The land lost ranges from 24m
2

to 640m
2
.
O
ne of them is a female headed household. None of them built a house on the land.
These
are farmers who came from rural areas and were
given land
in the periphery of Hawassa by
the
lowest level administration, the kebele chairman
, and
all of them
have
no ow
nership certificate

and
any other document

that shows the plot of land belongs to them
.

Most of them fenced the plots and
cultivated maize and haricot bean for one or two seasons. Actually
,

that site had been allocated for
the water reservoir and the
occup
ation by these farmers was a misunderstanding from the kebele
administration.
Notwithstanding the fact that none of them produced any ownership certificate, the
water project paid them
appropriate
compensation
for the properties they had on the plot of lan
d

based on
the estimation done by the

construction and agricultural experts
.
All compensations were in
cash. Although some PAPs would have preferred land for land compensation to cash for land, the
Hawassa city administration could not do that because base
d on
the decision of the
council of
SNNPRS urban land allocation for any purpose has been temporarily banned

in the region
. All of
them have received their cash compensati
on
, which is consistent with ESIA,

without filing any
complaint
. Both for the
religious institutions and the individual household the calculations and
compensations have been made

as per

the procedures put in place by the GOE and the World Bank’s
safeguard requirements

in line

with the provisions of the approved RPF of the project.




Page
10




2.1.5

A
ffected
Fences

The road from the main highway to the reservoir site expanded by the water project for the
transportation of construction materials during the construction of the reservoir damaged 2
7

households’ fences. All of them are adequately compensa
ted for the damages. The compensation was
calculated based on the market price of the damaged fence and the labour it requires to construct the
fence
s

again

consistent with the ESIA study and the provisions in the RPF
.
Six of these were
mentioned in the ES
IA, and the remaining
were
affected during the construction phase.


2.1.6

Consultations and
grievance addressing mechanisms

Hawassa

Water Project and City Administration officials put in place a consultation and grievance
addressing mechanisms as per the RPF.
Consultations are made at different levels between the PAPs
and the Project officials. The water project officials first of all

contact
ed

the PAPs either through
personal contacts (that was how they discussed with the PAP at the spring site) or officially through
kebeles. In b
oth cases the initial contacts we
re to inform the PAPs about the project, its positive and
adverse impacts

and about
the expected compensations. The next step in both cases
wa
s writing
letters to the concerned offi
ces (Tula sub
-
city and Hawassa city administration)

about the calculation
of compensation. For instance, a letter was sent to Wondo woreda administr
ation, Oromia regional
state, to calculate compensation for a PAP at the source of the spring. Another letter with the list
of
PAPs
and the type and amount of loss was sent to
Tula sub
-
city administration and the Hawassa city
administration. A compensation

committee that included experts of agriculture and construction was
set up to calculate the appropriate compensation. It was this committee that calculated all the
compensations. The Committee made a number of discussions with the PAPs.

In case of complai
nts,
the committee informs the PAPs that they have the right to file their grievances to the higher city
administration offices.

Officials of Mekane Yesus church and a Mosque insisted on their
complaints
,
as discussed above,
and finally appealed to the
mayor. The mayor established a special committee to
address their grievances and that committee actually negotiated with the PAPs
and reached on
solutions

that satisfied both sides
. All the PAPs
the consultant
spoke to are
at least informed about

the fact
that they can present their complaints to higher officials.

2.1.7

Adverse
livelihood

impacts

The Ambowuha water project did not cause any physical household displacement. No settlement is
affected. In terms of proportion, no significant loss has been regis
tered, and they

are properly
compensated for the losses: mostly fences, crops and cropland, and trees.
Thus,
no
adverse

livelihood

impact

has been observed
.

To the contrary, people residing around the spring are going to benefit
from the water project. The

project
has built cattle troughs, washing basins and road that enormously
impact on the livelihood of the cattle rearing surrounding communities.

The local communities are
also negotiating with the officials of the project on the way to use the e
lectricity line recently
extended up to the source of the spring.




Page
11




2.1.8

Adverse social impacts




Some of the project
’s

affected

are religious institutions
. This

is more related to the socio
-
cultural

sphere

rather
than livelihood.

That
could

have evoked
OP 4.11 in the World Bank safeguard
policy.
However
, most of them simply fenced it and cultivated crops for one season, and only one church
constructed a mud house, which has not started to serve as a religious centre.
The water project and
the municipalit
y have managed to settle the difference with the affected churches and mosque
peacefully and smoothly through flexible compensation arrangements

and grievance addressing
mechanisms as per the approved RPF
.
Thus, no adverse social impact has been
observed
.

2.1.9

Lesson l
earned


Hawassa water supply and sanitation enterprise in collaboration with the Hawassa city administration
has been working on the
Ambo
wuha water project affected people for
more than one

year.

Now all
the affected PAPs and the religious insti
tutions have accepted the compensation arrangements and
received the
cash compensation
. The water project officials have acquired enormous experience from
the processes. The big lesson they have
learned
is the value of engaging the concerned people in the
process and making intensive and all inclusive
consultation
s.
In the
consultation
s the PAPs, the water
project officials and the city administration officials from the kebele up to the mayor involved.
Especially the grievance addressing mechanism through w
hich they solved the complaints of the
Mekane Yesus and the Mosque is the best instruction they acquired for the future endeavors.
The
continuous reshuffling of administrators (since the start of the water project many relevant officials
have been changed including the mayor and the sub
-
city administrator) has been mentioned by the
water project officials as
a major difficulty they fa
ced in the process of dealing with the PAPs
.


2.2


Jimma Water supply and Sanitation Project




2.2.1

Land acquisition/expropriation

A

total of seven
households

have been affected by the

Jimma water supply and sanitation

project.
F
our
households

lost plots of land

permanently

at two reservoir areas: three of them at the Jiren Kella
reservoir and one at the Abba Jifar reservoir sites. The loss ranges from 25m
2

to 200m
2
.
Assets of
three individuals are affected by pipeline and constructions without permanently expropriating their
land.
All PAPs have been appropriately compensated based on the suggestions of the ESIA and the
provisions given in the PRF for the project.

In t
his part too, the land acquisition, mitigation measures
,

and cross
-
check with the ESIA and the approved RPF

will be described
.
The Jiren Kella reservoirs
are under construction within state owned forest on 2800m
2

the water project
was

given from the
munici
pality. Thus, the Jimma water supply and sanitation project and the municipality officials did
not expect any PAP there.

In fact, the ESIA also did not mention any PAP at these reservoirs site.

However, in the course of implementation,

three people who liv
e in the neighbouring Sarbo woreda
claimed that their plots of land (100m
2
, 80m
2
, and 25m
2
) have been expropriated at the site of the
reservoir. According to the PAPs they used to live there until they were displaced by the Derg
villagization program in th
e late 1980s, and they have continued to harvest coffee and
use
some


Page
12




remnants of trees existing on the plots of land. From the municipality officials point of view these
individuals are illegal encroachers on state forest. Regardless of these divergent vie
ws on their
ownership rights, based on World Bank’s safeguard policies all the three
households
are properly
compensated for the properties they lost as a result of the land acquisition. They were compensated
for
perennial crops

they had over the plots of
land,
such as coffee, chat (qhat), and trees. The
PAPs
were paid, respectively
ten thousand Birr, seven thousand Birr
,

and two thousand Birr
, based on their
losses
.


At Abba Jifar reservoir site the project acquired 200m
2
land belongs to an individual
.

Th
is man
,

a
descendant of
Abba Jifar II, the last monarch of Jimma, had some old coffee trees and banana
trees
on
the land. He was compensated 11715 Birr for the properties. In a
n

interview with him, the owner
told me that he has
another
large plot of land a
nd two houses

other than the one near the reservoir
.
“Though the money buys very little thing in the current market”, as he said, “the coffee trees are also
getting older and older and yield very little”, which he mentioned to tell me his relative satisfaction
with the compensation he was paid. As it can b
e seen from the picture below the reservoir is
constructed very close to his house, and as the person has another two houses, one in the same village
and the other one at five kilometers distance, he is
currently
negotiating with the water project
official
s to sell the house to

the project
. In that case
,

the water project would get a relaxed space, and
partly use it for office.


Picture 3:
A reservoir under construction at Abba Jifar site


2.2.2

Loss of other assets

The
PAPs in Jimma

water supply and sanitation project are compensated for loss of assets mostly
perennial crops and trees. Other than the four individuals affected at the Jiren Kella and Abba Jifar
reservoirs sites, assets of three individuals are affected by pipeline and
constructions without
permanently expropriating their land. They lost coffee trees, chat, banana and eucalyptus trees.
All
the

three are properly compensated

per the requirements of the RPF
. In general more than 300 coffee
trees; 1 banana tree; 28 chat; 13
3 cypress and 100 eucalyptus trees belonging to private owners are
damaged and the owners are compensated.
All the PAPs are compensated for the loss of assets as per
the provisions of the approved RPF.
Besides, the pipeline from the Boye new water treatmen
t plant


Page
13




to the reservoir in Jiren kella and
a
0.9 km

new

road
constructed
on the same line

damaged about 170
eucalyptus

trees

and cypress trees from the state owned Jiren forest. The trees are properly collected
and handed over to the Oromia Forest
M
anagem
ent, which officially administers the forest.
These
are consistent with the details mentioned in ESIA.

2.2.3

Consultations and
grievance addressing mechanisms

The Jimma

Water Supply and Sanitation Project officials and the city administration are consistent in
conducting consultations with the project affected people.
The project usually reports in advance to
the kebele the sites where they are going to construct, for in
stance, a reservoir or design of a pipeline.
Then, the kebele officials inform individuals whose property will be

potentially

impacted. This
initiates consultations between the project and the PAPs. Based on the consensus of the PAPs the
project requests t
he city administration’s compensation
standing
committee to calculate their losses.
The compensation committee is constituted by representatives from the Mayor’s office

(construction
department)
, land administration, urban agriculture, security and the keb
ele administration. An
agricultural expert and a construction expert are always part of the compensation committee and play
a pivotal role in the calculation of the property lost. The PAPs and the compensation committee visit
the impacted site together and

agree on the type and amount of losses, share views on the calculation
of compensation.

In case they disagree with the compensation committee’s suggestions, the PAPs are informed the
way to air their grievances. In that case, the PAPs file their complain
ts at the mayor’s office, and the
mayor establishes a special committee to address a specific grievance. So far, this did not happen.
The compensation procedures have been handled smoothly.

2.2.4




Adverse

livelihood

impact

Notwithstanding the various
constructions underway, Jimma water supply and sanitation project has
no adverse livelihood impact
. To date, seven individuals have been affected by the project. There is
no physical displacement of a dwelling unit. In terms of proportion, the loss by each

of them is less
than 10% of what they have. Most of them lost commercial crops such as coffee, chat, and trees
.

All
of them are dully compensated.
Besides,
the individual
who lost more than 200 coffee trees at the
Jiren Kella reservoir site

(
which is the
maj
or loss in terms of cash crop
)

wa
s given an employment
opportunity by the project,
in addition to
cash compensation, to support his household. Therefore, so
far there is no adverse
livelihood
impact. All the compensation procedures took place with grea
t
consensus.

2.2.5

Adverse social

impact

The pipeline from Ginjo to Abba Jifar is designed to pass fairly close to a burial site. Based on the
ESIA recommendation the contractor and the water project planned to use only human labour

rather
than machine during the construction of the pipeline, and that would mitigate any impact on the
burial ground. Thus, no adverse socio
-
cultural impact has been observed and
foreseen in the future.



Page
14




2.2.6


Lesson learned

Officials of

Jimma
Water S
upply and

S
anitation
P
roject have

been

effective

in searching for options
to mitigate adverse impacts of the project. For instance
the ESIA mentioned that the pipeline from
Boye to Jiren Kella cross the main asphalt road causing a significant damage to the road (ES
IA,
2011:89). However, during construction phase the project innovatively passed the pipeline under the
asphalt road culvert without affecting the road. The project officials also
worked in identifying the
PAPs in advance, contacting and negotiating with t
hem, and processing their compensation with the
compensation standing committee. The project facilitated for the individual PAPs to go to their
impacted site with the compensation

committee

and measure or count the losses. Of the seven PAPs
they have paid
compensation so
far;

they identified the poorest household and gave the head of the
household employment opportunity within the project, besides the cash compensation he received.
According to the manager of the project, this is the kind of lesson they acquired from working w
ith
the PAPs. So far there was no complaint. In fact, all the PAPs contacted
by the consultant
expressed
their satisfaction. This experience would help the project officials in their future
efforts
.

3

LEGAL FRAMEWORK FOR
EXPROPRIATION AND
COMPENSATION

Land

expropriation and compensations were conducted based on relevant laws of the land as agreed
upon in the Resettlement Policy Framework. As land is
state

property compensations have been
calculated for property situated on landholdings and not for the land.

The 1995 Constitution of the
Federal Democratic Republic of Ethiopia states:


The right to ownership of rural and urban land, as well as of all natural resources, is
exclusively vested in the State and in the peoples of Ethiopia…”

(Article 40, sub article

3).


Every Ethiopian shall have the full right to immovable property he builds and to the
permanent improvements he brings about on the land by his labour or capital This right
shall include the right to alienate, to bequeath, and, where the right of use
expires, to
remove his property, transfer his title, or claim compensation for it. Particulars shall be
determined by law
”. (Art. 40, sub article 7)

Furthermore, Article 8 states:


Without prejudice to the right to private property, the government may
expropriate private
property for public purposes subject to payment in advance of compensation commensurate
to the value of the property
”.

Also and more specifically, Article 44, sub article 2 states:


All persons who have been displaced or whose livelihoo
ds have been adversely affected as
a result of State programmes have the right to commensurate monetary or alternative means
of compensation, including relocation with adequate State assistance
.”



Page
15




Subsequent proclamations and directives have become the inst
ruments to implement the provisions
of the Federal Constitution pertaining to land. Accordingly, Proclamation no 455/2005 clarifies and
defines who has the power to expropriate land holdings, in urban or rural areas. Article 3, sub article
1 of the proclam
ation states:


A woreda or an urban administration shall, upon payment in advance of the compensation
in accordance with this proclamation, have the power to expropriate rural or urban
landholdings for public purposes where it believes that it should be us
ed for a better
development project to be carried out by public entities, private investors, cooperative
societies or other organs, or where such expropriation has been decided by the appropriate
higher regional or federal government organ for the same pur
pose
.”

Displacement compensation for rural landholdings is governed by provision of Article 8, sub article
three of the proclamation:


A rural landholder whose land has been permanently expropriated shall, in addition to the
compensation payable under arti
cle 7 of this proclamation, be paid displacement
compensation which shall be equivalent to ten times the average annual income he secured
during the five years preceding the expropriation of the land
.”

The above legal provisions constitute the basis for t
he expropriation of landholdings and
commensurate compensations for all lands expropriated for public purposes.
The Ambowuha Spring
Development Project at Hawassa Water Supply and Sanitation Project and Jimma Water Supply and
Sanitation projects are
also g
overned by these legal provisions. In view of this, the Resettlement
Policy Framework (January 2007) for the UWSSP proposes “permanent loss of land” will be
compensated with “
replacement by a similar piece of land

(…)
OR

cash compensation at
replacement va
lue
…” (page d)

In line with the above stated legal provisions and the resettlement policy framework of the UWSSP,
the regional/city administrations determine the value of the property affected by the project and rate
at which the damage will be compensated
. Variables taken into account when compensations are
calculated for the expropriated landholdings include production per hectare, market price of a given
type of crop produced on that land,
types and values of
fences or other structures on the land.


4

CONCLUDING REMARKS

In both water projects the project affected people and institutions have been properly compensated in
line with the GOE compensation procedures and the
World Bank’s

safeguard policies

as per the RPF
provisions
.

In Jimma a very good exper
ience others have to share is the presence of a standing
compensation committee. It is an experienced committee that has developed trust from t
he people.
The Hawassa water project officials and the city administration officials have put in place grievance
addressing mechanisms and smoothly addressed the complaints from the religious institutions.
Moreover
, the

Hawassa water project has to be commended for its
works to benefit the people around
the source of the spring. It has constructed cattle troughs, was
hing places and communal drinking
tabs in the nearby villages. That obviously supports the sustainability of the use of the water.





Page
16




5

RECOMMENDATION
S


Since the
procedures in both projects run with at most care, smoothly and successfully there is little
practical thing to recommend. Hawassa water supply and sanitation project has successfully handled
the cases of many PAPs. Legally, they have cleared everything in

relation to the PAPs. Yet, the
project can take further constructive roles in collaboration with other relevant offices
in
support
ing

some of the PAPs such as the single female household head and some of the poor households through
micro
-
finances or other

employment opportunities.

Another point, Hawassa water supply and sanitation project is doing very well in supporting people
around the source of the spring. That is an area where they should do more in expanding the
communal watering tabs that makes the
people part of the project and work together on the
sustainability of the water.

In Jimma, the pipeline from the Jiren Kella to Abba Jifar is under construction.

It is recommended
that the Government
use their established experience in smoothly approaching

and handling the
PAPs.


REFERENCES



Council of Ministers Regulations No. 135/2007, on
The Payment of Compensation for Property


Situated on Landholdings Expropriated for Public Purposes
.


ESIA

(2010)

ESIA Report of Hawassa

w
ater
s
upply and
s
anitation Project



ESIA (2011) ESIA Report for Jimma water supply and sanitation project environmental and
social impact assessment study (ESIA Report)

FDRE 2007 Urban Water Supply and Sanitation Project Environmental and Social
Managem
ent Framework.

FDRE 2007 Urban Water Supply and Sanitation Project Resettlement Framework