Documents & Reports - All Documents | The World Bank
Republic of Ghana
URBAN TRANSPORT PROJECT
Ministry of Roads and Highways
In collaboration with
Ministry of Local Government, Rural Development
Implemented by
Department of Urban Roads
RESETTLEMENT ACTION PLAN (RAP)
For
Infrastructure and Operational Design for Accra Pilot Bus Rapid Transit Route
June 2010
List of Acronyms
AFD Agence Francaise de Developement
AMA Accra Metropolitan Assembly
BRT Bus Rapid Transport
CBD Central Business District
DA's District Assemblies
DFR Department of Feeder Roads
DUR Department of Urban Roads
EAP Environmental Action Plan
ECG Electricity Company of Ghana Ltd
EIA Environmental Impact Assessment
EMP Environmental Management Plan
EPA Environmental Protection Agency
ESMF Environmental and social management framework
GAMA Greater Accra Metropolitan Assembly
GHA Ghana Highway Authority
GoG Government of Ghana
GT Ghana Telecom
GWCL Ghana Water Company Ltd
LI Legislative Instrument
LVB Land Valuation Board
MoT Ministry of Transportation
MRH Ministry of Roads and Highways
NEP National Environmental Policy
NGOs Non Governmental Organizations
OLC Obetsebi Lamptey Circle
OP Operational policy
PAPs Project Affected Persons
PMU Project Management Unit
PS Permanent Structure
RAP Resettlement Action Plan
RPF Resettlement policy framework
SPSS Statistical Package for Social Surveys
TSDP Transport Sector Development Programme
RSDP Road Sector Development Programme
TCPD Town and Country Planning Department
TS Temporary Structure
UTC United Trading Company
UTP Urban Transport Project
WB World Bank
EXECUTIVE SUMMARY
Introduction
The Government of Ghana (GoG), with assistance from the World Bank (WB), the Global Environment Facility (GEF) and the Agence Francaise de Development (AFD) is undertaking an Urban Transport Project (UTP) with pilot implementation in the Greater Accra Metropolitan Area (GAMA). The Accra Bus Rapid Transit (BRT) Pilot Project which is a component of the UTP is being implemented to improve the flow of traffic within the city. The participating Assemblies under the UTP are Accra Metropolitan Assembly (AMA), Tema Metropolitan Assembly (TMA) and Ga West Assembly (GWA). The Department of Urban Roads (DUR) of the Ministry of Roads and Highways (MRH) is the implementing agency.
In connection with the Accra BRT Pilot Project, Resettlement Action Plan (RAP) has been prepared, in order to mitigate potential negative impacts to property and persons that may result from the implementation of the project. This is required under the Transport Sector Environmental and Social Management Framework (ESMF) and the Resettlement Policy Framework (RPF), and by the World Bank’s Operational Policies on Involuntary Resettlement.
Objectives of the RAP
The main objectives are:
← Undertake socio-economic survey along the corridor to assess impacts on people who shall be affected by the project. This will include the assessment of the magnitude of any displacement and general impacts of the project implementation – both positive and negative;
← To mitigate the adverse impacts associated with the reconstruction of the Pilot BRT route;
← Ensure that the standard of living of PAPs is improved or at least restored by way of better shelter and access to services, training and facilitation of community action; and
← To maximize the involvement of PAPs and Civil Society in all stages of the implementation of the RAP.
Legal Framework
The documents upon which the legal framework of this RAP hinges on are:
← The Constitution of Ghana i.e. Article 20 of the 1992 Constitution;
← The State Lands Acts, 1962 (Act 125) which gives authority for land to be acquired;
← The Statutory Way-leaves Instrument which provides for or empowers the President, whenever in his opinion, entry on any land for construction and maintenance of public works;
← The 2006 RPF of the MRH and its Agencies. The document mentions that no one is to be denied compensation because he/she is not the holder of legal document. It proposes payment of supplemental assistance to non-holders of legal titles; and
← The World Banks Operational Directive OP 4.12, which outlines the conditions under which the World Bank will fund a project if it displaces persons or affects their social and economic well being.
The Pilot BRT Route
The operational design of the Pilot BRT is an externalised system with tributary routes that start outside the BRT corridor but feed into it. The buses will travel on tributary routes to Winneba and Graphic Roads which form the main spine or BRT corridor, of the pilot scheme. The tributary services then join the main corridor.
The BRT Pilot Project is divided into four main parts:
1. The tributary services which consist of 5 tributary origins in north and north-west Accra;
2. The route along Winneba Road from Mallam Junction to First Light Junction where the BRT buses will run in mixed traffic and stop at BRT stations at the kerbside;
3. First Light to Obetsebi Lamptey Circle (OLC) and then Graphic Road to Kwame Nkrumah Road which will have a segregated BRT located in the median; and
4. The BRT distribution system in the Central Business District (CBD) will have two routes: one will be a loop via South Liberia Road, Independence Avenue, Barnes Road and the other will travel down to a city terminal at UTC via a segregated bus way in the median.
This report covers sections 2, 3 and 4 (excluding the Odaw Bridge and proposed railway flyover on Graphic Road). The major works are in Sections 3 and 4.
Project Affected Persons
PAPs in this documents refers to business units, (including their workers), owners of assets like land and buildings, non-resident lessees, tenants of buildings, squatters and roadside dwellers, who have been identified to be adversely affected by the activities during the reconstruction of the Pilot BRT road.
Socio-Economic Characteristics of PAPs
In March 2008, the Pilot BRT corridor was surveyed (as part of the ToR), to document exiting land use activities within the safety corridor required for the road project.. Also in May 2009 the baseline data collected in that project zone in March 2008 was updated and served as a cut-off date, following continuous consultation and notification to all PAPs in the project zone.
From March to May 2008, May 2009 and in January 2010, as part of the TOR, there was baseline data collection from PAPs located in the proposed safety zone in the Pilot BRT corridor to document exiting land use activities, profiles of the PAPs and the level of encroachment within the safety corridor required for the reconstruction of the dedicated Pilot BRT route.
From the analysis of the data obtained from the surveys, the summary of results of the principal demographic and socio-economic characteristics is outlined below:
Winneba Road - First Light to Obetsebi Lamptey Circle
Major stakeholders surveyed as likely to be affected by the construction of the Pilot BRT bus lanes from the First Light traffic light to Obetsebi Circle are:
← Traders on road sidewalks in the safety zone; and
← Commercial transport operators operating from the road carriageway.
Traders
About 886 traders who operate on the road sidewalks were enumerated in the safety corridor.
Demographic Characteristics: a sample of traders revealed that with regards to sex ratio, the average of female traders was more than males, i.e. 54% for females and 46% for males.
Social Conditions: Literacy status among the traders was high. Majority (57.1%) of the project affected traders have had Middle School/Junior High School Education. Only 17.00% of the project affected traders had no formal education.
Economic Condition: The sample survey also revealed that 95% of the traders are owners of their businesses and their daily sales range between GH¢12-40 with traders of second hand clothes being the highest daily income earners.
Commercial Vehicles
About 180 commercial transports operate in the carriage way daily.
Demographic Characteristics: a sample of commercial transport operators revealed that with regards to age, 40% of the drivers are between 20–30 years, 54.3% between 31–40 years and 5.7% above 40 years.
Social Conditions: Literacy status among the commercial transport operators was high. Majority (82.9%) of the project affected commercial transport operators have had Middle School/Junior High School Education. Only 17.1% of the project affected commercial transport operators had no formal education.
Economic Condition: The sample survey of commercial transport operators revealed that their incomes are determined by the capacity of the vehicles. Metro Mass Transport vehicles make an average of about GH¢5,952.00 while the Ford vehicles make an average of about GH¢3,360.00 per vehicle.
Kwame Nkrumah Avenue
Major stakeholders surveyed as likely to be affected by the construction of the Pilot BRT bus lanes are:
← Traders in the median;
← A restaurant;
← Accra Okaishie Kumasi cargo service; and
← Metro Mass Transport.
Traders in the Median
About 184 traders operate in the road median strip in the safety corridor.
Demographic Characteristics: a sample of traders revealed that with regards to sex ratio of traders, the average of female traders was more than males, i.e. 83.2% for females and 16.82% for males.
Social Conditions: Literacy status among the traders was significant. Majority (51.1%) of the project affected traders have had Middle School/Junior High School Education.
Economic Condition: The sample survey also revealed that 95% of the traders/ are owners of their businesses and their daily sales average GH¢13.60.
Accra Okaishie Kumasi Cargo Service
This cargo service is located in the road median strip in the safety zone. Currently the cargo service has 60 full members who operate 60 containerized cargo vehicles and 70 shift members with 70 container Vehicles. On the average about 50 vehicles are loaded every day to different destinations.
Demographic Characteristics: a sample of cargo services operators revealed that with regards to their sex all are male.
Social Conditions: Literacy status among the cargo operators was high. Majority (90.00%) of the project affected cargo operators have had Middle School/Junior High School Education.
Economic Condition: An income of about GH¢350 per trip is earned by the owner while the mate is paid GH¢1.50 per trip. Loaders receive GH¢6.00 for a day’s work.
Magnitude of Displacement
Permanent structures within existing right of way – First Light to Obetsebi Lamptey Circle
← None was enumerated and recorded.
Temporary Structures within proposed right of way – First Light to Obetsebi Lamptey Circle
Total of 886 temporary structures were listed as presented in the tables below.
Table I Temporary Structures Impacted
|Type of Structure |Dimensions |No. of structure |
|Winneba Road | |
|Table Top |1.20x1.35m |495 |
|Kiosk |2.25x2.50m |1 |
|Umbrella Stand |1.30x1.80m |84 |
|*Open Ground/Pallets |1.20x1.80m |306 |
|Total | |886 |
Table II Summary Table – Winneba Road Project Zone
|ITEM |Reconstruction of road median strip from First Light to Obetsebi | |
| |Lamptey Circle | |
|1 |Mallam- Kaneshie Road – CBD Corridor in the city of Accra |Accra |
|2 |Road Length (m) |400m |
|3 |Road functional classification (asphalt) |Arterial Road |
|4 |Proposed surfacing type |Asphalt |
|5 |Number of project affected households |None |
|6 |Total residential houses and other buildings that will be fully |None |
| |affected | |
|7 |Total residential houses and other buildings that will be partially|None |
| |affected | |
|8 |Total business properties that will be fully affected |None |
|9 |Total business properties that will be partially affected |None |
|10 |Total Temporary Structures that will be fully affected |886 |
|11 |Total PAP who will be fully affected |954 |
|12 |Total loss of strip of land including fence wall |None |
|13 |Partial loss of strip of land including fence wall |None |
|14 |Temporary road diversion |Yes |
Permanent structures within existing right of way – Kwame Nkrumah Avenue
▪ Two passenger shed were listed
Table III Permanent Structures Impacted
|Kwame Nkrumah Avenue |
|Businesses |Dimensions |No. of Affected Properties |
|Kwame Nkrumah Avenue | |
|Table Top |1.50x2.80m |66 |
|Kiosk |2.25x2.50m |9 |
|Umbrella Stand |1.30x1.80m |23 |
|Open |2.00x2.40m |84 |
|Shed |4.00x7.65m |2 |
|Container |4.6x5.40m |6 |
|Total | |190 |
Table V Summary Table – Kwame Nkrumah Avenue Project Zone
|ITEM |Reconstruction of road median strip on Kwame Nkrumah Avenue from | |
| |Traffic Light to Bonsu Brothers Building | |
|1 |Circular Road in CBD |Accra |
|2 |Road Length (m) |820m |
|3 |Road functional classification (asphalt) |Arterial Road |
|4 |Proposed surfacing type |Asphalt |
|5 |Number of project affected households |None |
|6 |Total residential houses and other buildings that will be fully |None |
| |affected | |
|7 |Total residential houses and other buildings that will be partially|None |
| |affected | |
|8 |Total business properties that will be fully affected |None |
|9 |Total business properties that will be partially affected |None |
|10 |Metro Mass Passenger sheds that will be fully affected |2 |
|11 |Metro Mass Passenger sheds that will be partially affected |None |
|12 |Total Temporary Structures that will be fully affected |190 |
|13 |Total PAP who will be fully affected |189 |
|14 |Temporary road diversion |None |
ELIGIBILITY
Project Affected Persons
PAPs in this document refers to business units, including their workers and owners of assets like land and buildings to be affected by the project, non-resident lessees; tenants of buildings; squatters and pavement dwellers who have been identified to be adversely affected by the activities during the construction of the overpass bridge over the railway crossing on the Graphic Road.
Any person who was identified to suffer loss of or damage to a building, trade or loss of access to productive resources, as a result of the reconstruction of sections of the Winneba Road (Kaneshie-Mallam) and the Kwame Nkrumah Avenue was considered eligible for compensation and/or resettlement assistance. The cut off date for being eligible for compensation and/or resettlement assistance was 30th June 2009, which was the last day during which the socio-economic baseline survey was completed. Any new structures or their occupants would not be eligible for compensation or supplementary assistance. This arrangement was consistent with the laws of Ghana and the World Bank Policy.
IMPACTS OF THE PROJECT
Potential Benefits
The implementation of the project will create some benefits for road users, those who live and work in the corridor and the country as a whole. The implementation of the project will also help facilitate the increased movement of goods in the corridor.
The following are the potential positive impacts of the project:
← Reduced traffic congestion in that corridor which is particularly noted for traffic congestion at peak periods;
← Improved transportation services in the metropolis due to the provision of large capacity buses, scheduled operations and the introduction of the feeder network concept;
← Improved access to the city centre and social services in the corridor as result of the development of a dedicated bus lane;
← Reduced vehicle operating cost and expenditure on transport through the shift from small private vehicles to a more efficient public transport system as well as a reduction in traffic congestion;
← A reduction in government expenditure on fuel; and
← Improve urban landscape through the construction of modern transport terminals and bus stops.
Potential Negative Impacts
The proposed construction of the overpass bridge over the railway crossing and the reconstruction of the Odaw Bridge have both physical and social implication on socio-economic activities in the project zone. The construction of the overpass bridge will require the provision of temporary access road on both the north and south sides will involve temporary land take that will impact negatively on socio-economic activities in the zone.
The potentially adverse social impacts of the proposed project during the construction phase include:
← Loss of business among PAPs including women;
← Impact on well-being of PAPs;
← Traffic hold-ups and congestion;
← Disruption of public transportation system;
← Disruption of public utilities;
← Temporary loss of access to properties; and
← Probable increase in accidents.
MITIGATION MEASURES
Mitigation measures have been proposed to address the anticipated negative impacts of the BRT project; these include:
← Implementation of management practices to protect the public by fencing off construction sites during the construction period for security and safety of the general public;
← Payment of appropriate compensation for affected businesses and implementation of the RAP to address in detail issues of compensation and resettlement; and
← Implementing appropriate traffic management measures, including provision of diversion routes and appropriate road signs, as well as driver sensitization and education.
ASSESSMENT OF PAYMENT AND COMPENSATION
Two categories of affected persons were identified within the road safety corridor and have been compiled to receive compensation. These categories are:
← Owners of permanent structures; and
← Owners of temporary structures.
All property that fall within the right-of-way have been captured and photographed with measurement as well as constructional details. The type, age, state and stages of all affected properties have been established. The cost or amount of compensation to be paid is based on the depreciated replacement cost plus the value of land/structure. The identified PAPs will be offered and paid compensation that will be based on the assessed values of their properties.
Compensation to owners of these structures has three components:
← Land value;
← Cost of replacement of structures; and
← Disturbance.
The estimated values for the structures will be finalized when the setting out is carried out in the field. The current values were based on properties which fall within the legal ROW of 34.30m (ie. 17.15m on each side from the centreline). However, compensation will only be paid for those structures which will actually be affected by roads construction.
These include structures which fall within the ‘band’ that would be used for the reconstruction of the carriageway, drainage structures, bus stop, pedestrian facilities etc. The implication is that not all properties identified to be affected will be demolished and therefore resulting in the final numbers of PAPs and compensation to be paid.
GRIEVANCES AND REDRESS PROCEDURES
According to our laws each individual PAP has the right to refuse the compensation proposed and take his or her case to the Lands Court at the 28th February Road, Accra if he or she finds the compensation to be inadequate and unfair under the replacement cost. The DUR has constituted a Grievance and Redress Committee (GRC) to receive and mediate any such complaints. The committee is composed of the Director of Survey and Design, the Principal Valuer, the Environmental Manager and the Principal Legal Officer all of DUR, and Representatives of the respective Sub-Metro (Table VI). It is expected that this committee will be able to amicable settle any claims and disputes.
Table VI Membership of Grievance Redress Committee
|Name |Designation |Office Address |Telephone Contact |
|Eric Amoako |Environmental Officer DUR |DUR Head Office Accra |0244965949 |
|James Amoo Gottfried |Planning and Development DUR |DUR Head Office Accra |0205110629/ |
| | | |0244822813 |
|Ms Amma Aikins |Regional Valuer LVB |Regional LVB, Accra |0208162791 |
|Ms Jossephine Manu |Legal Officer MRH |MRH, Accra |0209027379 |
|Dr Appiah |PAP |Accra |0266105008 |
|Cynthia Kae |PAP |Kaneshie-Accra |0277058374 |
If the conciliation does not resolve the matter, the affected person may seek redress through the judicial system at the Lands Court on the 28th February Road, Accra which will have jurisdiction in this case.
RESETTLEMENT/REHABILITATION PROGRAMME
To ensure the successful implementation of the resettlement expropriation and/or compensation programme, the DUR will set up a Project Management Unit (PMU) to implement this RAP. The PMU will ensure continuous consultations with the PAPs throughout the implementation process.
Table VII Permanent Structures Impacted
|Kwame Nkrumah Avenue |
|Businesses |
|Table Top |
|Table Top |1.50x2.80m |66 |
|1 |Mallam Kaneshie Road – CBD Corridor in the city of Accra |Accra |
|2 |Road Length (m) |1575m |
|3 |Road functional classification (asphalt) |Arterial Road |
|4 |Proposed surfacing type |Asphalt |
|5 |Number of project affected households |None |
|6 |Total residential houses and other buildings that will be fully |None |
| |affected | |
|7 |Total residential houses and other buildings that will be partially|None |
| |affected | |
|8 |Total business properties that will be fully affected |None |
|9 |Total business properties that will be partially affected |None |
|10 |Total Temporary Structures that will be fully affected |886 |
|11 |Total PAP who will be fully affected |954 |
|12 |Total loss of strip of land including fence wall |None |
|13 |Partial loss of strip of land including fence wall |None |
|14 |Temporary road diversion |Yes |
Table IX Summary Table – Kwame Nkrumah Avenue Project Zone
|ITEM |Reconstruction of road median strip on Kwame Nkrumah Avenue from | |
| |Traffic Light to Bonsu Brothers Building | |
|1 |Circular Road in CBD |Accra |
|2 |Road Length (m) |820m |
|3 |Road functional classification (asphalt) |Arterial Road |
|4 |Proposed surfacing type |Asphalt |
|5 |Number of project affected households |None |
|6 |Total residential houses and other buildings that will be fully |None |
| |affected | |
|7 |Total residential houses and other buildings that will be partially|None |
| |affected | |
|8 |Total business properties that will be fully affected |None |
|9 |Total business properties that will be partially affected |None |
|10 |Total Metro Mass Passenger sheds that will be fully affected |2 |
|11 |Total Metro Mass Passenger sheds that will be partially affected |None |
|10 |Total Temporary Structures that will be fully affected |190 |
|12 |Total loss of strip of land including fence wall |None |
|13 |Partial loss of strip of land including fence wall |None |
|14 |Temporary road diversion |None |
Table X I Entitlement Matrix
|Type of Loss ` |Eligibility Criteria |Entitlement |
|Loss of Land (Urban or Rural) |Various interest and rights – allodia title |Compensation – Capital Market Value of |
| |holder, freeholder, leaseholder, tenant, licensee |Asset |
|Business Losses | |Supplementary Assistance based: |
| | | |
|Loss of business income |Business owner /operator |- average net monthly profit, |
|Loss of business goodwill |Business owner /operator |- monthly rent passing, |
|Loss of rented income |Business employees/attendants |- equivalent of rent advance to be refunded|
|Loss of wage income | | |
| |Trainer/person offering apprenticeship job |- monthly wages earned, |
|Loss of fees from trainees/apprentices |training |- training fees to be refunded |
| | |Calculated for specific period taking into |
| | |consideration reinstatement period. |
|Loss of business, Residential or Industrial |Business/commercial/Industrial tenant |Supplementary Assistance Based: |
|Accommodation or Room |Owner of building during the reinstatement period |comparable open market rent for alternative|
| | |accommodation based on specific period |
| | |(reinstatement period); and |
| | |transportation rates for the transfer of |
| | |chattels or movable properties |
|Loss of location for temporary structure – |Owner of temporary structure |Supplementary Assistance based on:- |
|expense for moving structure |Squatters |transportation rates for transfer of |
| | |structure |
|Loss of training or apprenticeship |Apprenticeship/Trainees |Comparable fees for alternative training |
| | | |
|Loss of Public Amenities/Utilities |Institution/Operator Responsible |Open Market value of Asset |
|Loss of Permanent Structures |N/A (State Property) |N/A (State Property) |
MONITORING AND EVALUATION
The DUR will be responsible for the overall monitoring of the day to day implementation of this RAP. Additionally, MRH and EPA will also conduct periodic monitoring while external consultants and experts will be hired to evaluate and audit the implementation.
BUDGET
The general budget for the project covers compensation for affected temporary structures.
The overall cost of implementation of this RAP is GH¢315,051.00 (US$214,320). The Government of Ghana will be responsible for payments covering all structures which amounts to GH¢247,510.00 (US$168,374). While an amount of GH¢67,541.00 (US$45,946) will be the cost of managing the compensation process will be included in the civil works as confirmed with DUR. The implementation cost of this RAP will be financed by Ghana Government. The budget is presented in table XII below.
Table XII Budget Estimates of Compensation and Resettlement for Graphic Road
|Number |Items |No of Business |Amount (GH¢) |
| | |Activities | |
|1 |Supplemental Assistance - Fully Impacted Temporary |886 |200,805.00 |
| |Structures in Mallam – Kaneshie Corridor | | |
|2 |Supplemental Assistance - Fully Impacted Temporary |190 |46,705.00 |
| |Structures in Kwame Nkrumah Avenue Corridor | | |
|3 |Public Meeting and Disclosure | |1,200.00 |
|4 |Training for Resettlement Staff | |500.00 |
|5 |Monitoring of RAP by DUR, (5 visits by PMU) | |1,200.00 |
|6 |Grievance Redress and Dispute Resolutions | |1,000.00 |
|7 |Evaluation and Audit by Independent Consultant | |35,000.00 |
|8 |Sub-total | |286,410.00 |
|9 |Contingencies/provisional cost(10% of subtotal cost) | |28,641.00 |
|10 |Grand Total | |315,051.00 |
Table of Contents
List of Acronyms i
EXECUTIVE SUMMARY ii
List of Tables xvii
List of Figures xviii
1.0 INTRODUCTION 1
1.2 Description of the BRT Pilot Project 1
1.2.1 Justification for a BRT System 1
1.2 The Proposed Pilot BRT 2
1.2.1 Median BRT Location 3
1.2.2 BRT Stations 3
1.2.3 Terminals and Depots 3
1.2.4 Feeder Bus Services 3
1.2.5 Fare and ITS Systems 3
1.3 Area of Influence 4
1.4 Objectives of the RAP 4
2.0 PLANNING PRINCIPLES 5
2.1 Project Objectives 6
2.2 BRT Communication Process Plan 6
2.2.1 General Communication Stages 6
2.2.2 Communication Tools 7
3.0 LEGAL AND INSTITUTIONAL FRAMEWORK 8
3.1 Legal Framework for Expropriation and Compensation 8
3.1.1 Constitution of the Republic of Ghana 8
3.1.2 State Lands Act, 1962 (Act 125) 8
3.1.3 Statutory Way Leaves Instrument 8
3.2 The World Bank Operational Directive OP 4.12 9
3.3 Comparing the Ghanaian Law and the World Bank OP 4.12 9
3.4 Institutional Framework 10
3.4.1 MRH’s Resettlement Policy Framework (RPF) 10
3.4.2 Ministry of Roads and Highways/Department of Urban Roads (DUR) 11
3.4.3 Department of Urban Roads 11
3.4.4 DUR Project Management Unit 11
3.4.5 Ghana Railway Company (GRC) 11
3.4.6 Land Valuation Board (LVB) 11
3.4.7 Ministry of Finance/Accountant General’s Department 11
3.4.8 Land Commission/Ministry of Lands and Forestry 11
3.4.9 Town and Country Planning Department (AMA) 12
3.4.10 Attorney General’s Department and Ministry of Justice 12
3.4.11 Utility Companies 12
3.4.12 The Metropolitan Assembly 12
4.0 PROJECT DESCRIPTION AND JUSTIFICATION 13
4.1 Project Location 13
4.1.1 Existing Road Conditions 13
4.0 PROJECT DESCRIPTION AND JUSTIFICATION Error! Bookmark not defined.
4.2 Project Components 15
4.2.1 Design Standards 15
4.2.2 Project Works 15
4.2.3 The Preferred Alternative 18
5.0 SOCIO-ECONOMIC SURVEY OF AFFECTED POPULATION 19
5.1 Field Study Findings 19
5.1.1 Socio-Cultural and Economic Landscape of PAPs 19
5.2 Socio-economic Characteristics of PAPs 19
5.2.1 Land Uses 19
5.2.2 Profile of PAPs within the Safety Zone in the Kaneshie Market Area 19
5.2.3 PAPs within the Road Strip Median on the Kwame Nkrumah Avenue 23
5.3 Land Uses 26
5.4 Findings from Winneba Road and Kwame Nkrumah Avenue Corridors 26
5.5 Permanent Structures within Existing Right of Way 28
5.6 Temporary Structures within Proposed Right of Way 28
5.6.1 Winneba Road (Kaneshie-Mallam) 28
5.6.2 Kwame Nkrumah Avenue 28
5.7 Temporary Road Diversion 28
6.0 RESETTLEMENT ACTION PLAN 29
6.1 Justification for a Resettlement Action Plan 29
6.2 Methodology 29
7.0 VALUATION PROCEDURES 30
7.1 Introduction 30
7.2 Eligibility Criteria for Project Affected Persons 30
7.3 Proof of Eligibility 31
7.4 Public Notifications 31
7.5 Values of Land Parcels in the ROW 32
7.5.1 Land Ownership 32
7.6 The Valuation Process 32
7.7 Basis of Valuation 32
7.8 Method of Valuation 33
7.9 Replacement Cost Method 33
7.10 Direct Capital Comparative Method 33
7.11 Disturbance and Other Incidental Contingencies 33
7.12 Modes of Restitution 33
7.13 Grievances and Redress Procedure 34
8.0 COMPENSATION AND OTHER ASSISTANCE (STRUCTURES TO BE AFFECTED) 35
8.1 Loss of Land 35
8.2 Loss of Permanent Structures 35
8.3 Loss and Relocation of Temporary Structures 35
8.4 Mode of Resettlement 36
8.5 Payment of Compensation 36
8.6 Supplemental Assistance for Temporary Structures 36
9.0 ENTITLEMENT MATRIX 38
10.0 PUBLIC AND STAKEHOLDER CONSULTATIONS 39
10.1 Consultation Process 39
10.2 Consultations with Individual Project Affected Persons 39
10.3 Focus Group Discussions 40
10.3.1 Appreciations about the Project 40
10.3.2 Concerns about the Project 40
10.4 Public Restitution Meetings 41
10.5 Technical Coordination, Consultations among Stakeholders 41
10.6 The Current Situation 42
10.7 Future Consultations 42
11.0 GRIEVANCE PROCEDURE 43
12.0 INSTITUTIONAL RESPONSIBILITIES 44
DEPARTMENT OF URBAN ROADS 44
14.0 ESTIMATED COST OF RAP 46
14.1 Funding 46
15.0 DISCLOSURE 47
APPENDICES 48
APPENDIX A: Involuntary Resettlement – OP 4.12 49
APPENDIX B: List of Affected Persons and Structures 62
APPENDIX C: Project Affected Properties 71
APPENDIX D: Sample Questionnaires 75
List of Tables
Table I Temporary Structures Impacted v
Table II Summary Table – Winneba Road Project Zone v
Table III Permanent Structures Impacted vi
Table IV Temporary Structures Impacted vi
Table V Summary Table – Kwame Nkrumah Avenue Project Zone vi
Table VI Membership of Grievance Redress Committee ix
Table VIII Temporary Structures Impacted ix
Table VIIIX Summary Table – Winneba Road Project Zone x
Table IX Summary Table – Kwame Nkrumah Avenue Project Zone x
Table X I Entitlement Matrix xii
Table XII Budget Estimates of Compensation and Resettlement for Graphic Road xiii
Table 3. 1: Comparison of Ghanaian Laws and World Bank Policies 10
Table 5. 1: Types of Merchandize Sold on the Pavement along at the Kaneshie Market 20
Table 5. 2: Daily Turnover of Traders and -Kaneshie 21
Table 5. 3: Vehicles that Parked on the Winneba-Accra Road around Kaneshie Market 21
Table 5. 4: Age Composition of the Drivers Surveyed (Kaneshie) 22
Table 5. 5: The Educational Status of Vehicle Operators (Drivers)-Kaneshie 22
Table 5. 6: The Income of the Vehicle Operators-Kaneshie Market Area 22
Table 5. 7: Magnitude of Displacement: The Median between the Kinbu-Agbogbloshi-Kwame Nkrumah Road Junction and Market Street 23
Table 5. 8: Types of Commercial Activities in the Median (Bonsu Brother Area UTC) 23
Table 5. 9: Type of Structures Used by the Traders for Selling their Products 24
Table 5. 10: Turnover of Traders in the Median 24
Table 5. 11: Temporary Structures Impacted on Winneba Road Project Zone 26
Table 5. 12: Summary – Winneba Road Project Zone 26
Table 5. 13: Temporary Structures Impacted-Kwame Nkrumah Avenue Zone 27
Table 5. 14: Compensation Summary – Winneba Road Project Zone 27
Table 8. 1: Permanent Structures Impacted 35
Table 8. 2: Temporary Structures Impacted 36
Table 8. 3: Computation of Supplemental Assistance 37
Table 9. 1: Entitlement Matrix 38
Table 13. 1: Monitoring Role Cast Recast as Matrix and Move to Grievance 45
Table 14. 1: Budgets Estimate of Compensation and Resettlement 46
List of Figures
Figure 4. 1: Project Location 14
Figure 4. 2: Morning Peak Period Traffic Conditions at Kaneshie Market 16
Figure 4. 3: Peak Hour Traffic in Kwame Nkrumah Avenue at UTC 17
1.0 INTRODUCTION
The Government of Ghana, with assistance from the World Bank (WB), the Global Environment Facility (GEF) and the Agence Francaise de Development (AFD) intends to undertake an UTP with pilot implementation in the Greater Accra Metropolitan Area (GAMA). It is within this context that the Accra BRT Pilot Project, a component of the UTP, is being implemented to improve the flow of traffic within the city. The participating Assemblies under the UTP are Accra Metropolitan Assembly, Tema Metropolitan Assembly (TMA) and Ga West Assembly.
To support the implementation of the Accra BRT Pilot Project, The DUR has engaged Centre for Environment and Health Research and Training (CEHRT) to perform a comprehensive RAP. In view of possible destruction of properties (buildings and other properties) an Environmental and Social Impact Assessment (ESIA) was conducted in line with the Ministry of Roads and Highways’ (MRH) ESMF and RPF as well as the World Bank’s Operational Directive O.P 4.12. This was done to ensure that people whose properties were affected as a result of the reconstruction of the Pilot BRT route receive full compensation.
The implementation of such projects is normally associated with some negative and positive impacts. The positive impacts will enhance economic and social activities including easy access to the city centre, markets, health and educational facilities as well as reduce vehicle operating cost and travel time. On the other hand, the reconstruction of the Pilot BRT route will result in the destruction of the built environment, demolition of properties, disruption in incomes and livelihoods. This RAP has been prepared to be implemented prior to the reconstruction of the dedicated pilot route on the Winneba Road and Kwame Nkrumah Avenue. The report therefore outlines a compensation plan to be implemented to mitigate these negative impacts on affected properties.
It must be emphasized that under Ghana’s State Lands Act 186 of 1963, any person who suffers the loss or damage to his property as a result of any project will receive compensation. This will also apply to owners of properties along sections of Winneba Road and Kwame Nkrumah Avenue.
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1.2 Description of the BRT Pilot Project
1 1.2.1 Justification for a BRT System
BRT is an enhanced bus system that operates on bus lanes or other transit ways in order to combine the flexibility of buses with the efficiency of rail. BRT utilizes a combination of advanced technologies, infrastructure and operational investments that provide significantly better service than traditional bus service.
Development of this system will be in line with the Ghana Government’s Transport Sector Development Programme (TSDP) that aims, among other things, at reducing congestion and facilitating the free movement of goods and people to enhance accelerated growth of the national economy.
The development of a BRT route would enhance safety for vehicles and pedestrians and provide benefits such as operation at faster speeds, provision of greater service reliability and an increased customer convenience.
The corridor selected for the implementation of the Pilot BRT is the heaviest loaded route in the metropolitan area. Daily traffic volumes on the Winneba and Graphic roads can peak at 50,000 and 40,000 respectively. The high traffic volumes have led to a situation where the two roads are frequently always choked with traffic with the attendant negative implications for the environment and socio-economic development.
The traffic volume on the Winneba and Graphic roads is likely to increase significantly in the near future. This projection is based on the growth of communities such as Kasoa, Buduburam and others to the west of Accra. These communities would contribute to the traffic volumes in Accra as residents access the CBD of Accra. The Winneba-Graphic road corridor would carry the bulk of this traffic.
In light of the above, the environmental, safety and socio-economic justification for the BRT project is established. The BRT project will help relieve congestion, enhance mobility and improve the environment in the pilot corridor.
1.2 The Proposed Pilot BRT
The operational design of the Pilot BRT is an externalised system with tributary routes that start outside the BRT corridor but feed into it. The buses will travel on tributary routes to Winneba and Graphic roads which form the main spine, or BRT corridor, of the pilot scheme. The tributary services then join the main corridor.
The BRT Pilot Project is divided into four main parts:
1. The tributary services. There are 5 tributary origins in north and north-west Accra. Their origin of travel and points at which they join the BRT corridor are:
– Kasoa (joins the BRT corridor at Mallam Junction);
– Gbawe (Mallam Junction);
– Awoshie (Odorkor Junction);
– Sowutuom/Santa Maria (Odorkor Junction);
– Nyamekye (Darkuman Junction).
There is one further tributary at the city end of the route which will have a terminal at Kwame Nkrumah Circle and which will leave the main BRT corridor at Obetsebi Lamptey Circle (OLC).
2. The route along Winneba Road from Mallam Junction to First Light Junction. In this part of the route the BRT buses will run in mixed traffic and stop at BRT stations at the kerbside. There will be 14 stations (in both directions of travel) in this section of route.
3. First Light to OLC and then Graphic Road to Kwame Nkrumah Road. This section of route will have a segregated BRT located in the median. There will be 6 stations in this section of route.
4. The BRT distribution system in the Central Business District (CBD) will have two routes:
– A CBD loop via South Liberia Road, Independence Avenue, Barnes Road, North Liberia Road and returning to Barnes Road via Kwame Nkrumah Avenue. This loop route will have 5 stations and the buses will run in mixed traffic.
– A route south on Kwame Nkrumah Avenue to UTC and then return the same way to Graphic Road. This route will have 2 bus stations at CMB and a terminal at UTC.
This report is only concerned with sections 2, 3 and 4 (excluding the Odaw Bridge and proposed railway flyover on Graphic Road).
1.2.1 Median BRT Location
The segregated BRT way will be located in the median of the route and in general separator islands will be used to separate the BRT way from the normal mixed traffic lanes. The decision to have median running was dictated by the intense activity on the frontages along the route and also the absence of any service roads east of First Light.
1.2.2 BRT Stations
At locations where there are BRT stations in each direction of travel, the stations will be staggered to minimise the width of the BRT facilities. Passenger access to stations will be via surface pedestrian crossings or via crossing points at signal controlled junctions. Only at a single location, Kaneshie Market, will access to a station be via a pedestrian over-bridge.
The stations will be provided with platforms that will be slightly above normal walkway height to make it easier for passengers to step up/down from buses.
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1.2.3 Terminals and Depots
Bus depots will be provided at Kasoa and at Mallam and are intended to provide full service facilities as well as stabling of buses when not in use.
A major terminal will be located at Kasoa crossroads. Other smaller terminals will be located at Gbawe, Awoshie, Sowutuom, Santa Maria, Nyamekye, Kwame Nkrumah Circle and UTC.
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1.2.4 Feeder Bus Services
It is assumed that Accra BRT will be protected from direct competition through regulation and that feeder services are able to be planned. This is dependent upon a complementary regulatory regime supported by an institutional structure to monitor and enforce planned public transport in Accra. Outside of Greater Accra regulation cannot be assumed, as such, any service operating that has a relationship to BRT, as feeder or tributary, must compete for trips on the basis of either cost or level of service.
It is intended that reconfigured bus feeder services will no longer operate in Winneba and Graphic Roads but will serve adjacent areas to the corridor and feed into the BRT route. Tro-tro passengers would alight from the small buses at or close to the BRT route and walk to the nearest BRT station.
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1.2.5 Fare and ITS Systems
It is planned that passengers will be asked to pay no more than that which is paid at present for bus travel. The operations service plan for the scheme requires that payment is made in a manner which does not cause additional delay to the vehicle, ensuring that minimal dwell times at stops can be achieved. Various fare collection systems have been reviewed within previous project reports focusing primarily upon pre-payment or on-board payment with stations being open. This will allow boarding and alighting to be unhindered by further payments or ticket verification.
It is probable that Smart Card ticketing will ultimately be adopted. However, in the year of opening and early years of the scheme an interim and lower-tech fare system will be used (the precise form of this has not been fixed).
1.3 Area of Influence
Though the project will have varying degrees and levels of impacts on residences and land use activities in the corridors in general, the critical areas of influence by the project that are the subject matter of this Social Impact Study are the safety zones required for the reconstruction of portions of the road median from the First Light Junction to Kwame Nkrumah Avenue around Bonsu Brothers/UTC area.
For the purpose of this Resettlement Action Plan (RAP), the area of influence is defined to include:
← Winneba Road. From First Light Junction to Obetsebi Circle. The proposed cross section of the road is defined on the south side by commercial properties including SG-SS Bank property line as built and in the north side by Kaneshie Market property line as built (26.70 - 34.30m).
← Kwame Nkrumah Avenue. existing road median strip of varying width (4.50 - 7.60m) that spans from the intersection with Graphic Road to Bonsu Brothers Building.
These safety zones can be described as the right of way already acquired for and paid for by the government for the construction of Winneba Road and Kwame Nkrumah Avenue.
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1.4 Objectives of the RAP
The main objectives of this RAP are:
← Undertake socio-economic survey along the corridor to assess the impact on people who shall be affected by the project. This will include the assessment of the magnitude of any displacement and general impact of the project implementation – both positive and negative;
← To mitigate the adverse impacts associated with the reconstruction of the Pilot BRT route;
← In consultation with LVB Valuation and by field observation, enumerate all persons and properties (commercial properties, renters and other habitual occupants of the ROW, whether or not with legal title) to be affected by the project, either totally, partially or marginally;
← In addition, identify and give numbers and documents to all affected parties, publish a notification in the newspapers and through other media to inform the public that the process has taken place, and that no other person who seeks to be included among the official list of affected parties will be recognized (i.e. indication of cut off date};
← Ensure that data include non-land owners of property along the corridor who will require supplementary assistance;
← Prepare a Compensation Action Plan (CAP) after establishing consultative channels with the PAP and other identifiable stakeholders;
← To deliver the entitlements to the PAP and support the restoration of their livelihoods in accordance with the 2006 RPF of the Ministry of Transport;
← Ensure that the standard of living of PAPs is improved or at least restored by way of better shelter and access to services, training and facilitation of community action;
← To maximize the involvement of PAP and Civil Society in all stages of the implementation of the RAP.
2.0 PLANNING PRINCIPLES
The fundamental objective of resettlement planning is to avoid resettlement whenever feasible, or, when resettlement is unavoidable, to minimize its extent and to explore all viable alternatives.
The DUR has decided on a design which has greatly reduced resettlement in the Pilot BRT corridor by opting for a segregated BRT way to be located in the median of the pilot route (which uses separators to segregate the BRT way from the normal mixed traffic lanes) and to achieve insertion of the BRT without recourse to land acquisition. The decision to have median running has been dictated by the intense activity on the frontages along the route and also the absence of service roads east of First Light.
DUR recognises the fact that involuntary resettlement of business and disruption of business activities and project affected persons in the project zone, if not carefully managed, could result in socio-economic hardships for the affected persons. The Design has applied some principles to minimize the extent of negative impact of the resettlement.
The underlying Policy Principles of this RAP are stated as follows:
← Reduced resettlement in the Pilot BRT corridor by opting for a segregated BRT way to be located in the median of the pilot route and in general use separators to separate the BRT way from the normal mixed traffic lanes;
← Application of both national polices, laws and strategies and the relevant policies of the World Bank. This is because the World Bank is assisting the implementation of the project through a credit to the Government of Ghana. The Bank requires that environmental and social impacts of the project it supports be mitigated according to operational polices that spell out the principles and planning methods for mitigation work;
← Resettlement of PAPs in the project zone on the Winneba Road and Kwame Nkrumah Avenue will be carried out in accordance with the laws of the Republic of Ghana, the World Bank Resettlement Guidelines (OD 4.12) resulting in the preparation of a RAP;
← Affected persons would be fully involved in the livelihood compensation and development options at the earliest opportunity;
← Where land acquisition and involuntary resettlement are unavoidable, resettlement and compensation activities will be carried out in the manner that provides sufficient opportunity for the people affected to participate in the planning and implementation of the operation;
← In the case of loss of land cash compensation would be an option for all the PAPs;
← Compensation for loss of land, structures, other assets and income would be based on full replacement cost and would be paid promptly;
← Affected persons who do not have documented title to land would receive fair and just treatment;
← Further, if incomes are adversely affected, adequate investment will be given to the persons displaced by the project the opportunity to at least restore their income-earning capacity;
← Vulnerable groups would be identified and given appropriate assistance to substantially improve their standards;
← Gender equality and equity would be ensured and adhered to throughout the policy;
← Resettlement would be planned and implemented with full participation of sub-metropolitan assemblies and local authorities;
← Where land acquisition and involuntary resettlement are unavoidable, resettlement and compensation activities will be carried out in the manner that provides sufficient opportunity for the people affected to participate in the planning and implementation of the operation;
← Further if incomes are adversely affected, adequate investment is required to give the persons displaced by the project opportunity to at least restore their income-earning capacity.
The Resettlement Action Plan shall indicate among other things, the following:
← The means by which the project can be used to preserve the livelihood of the affected people along the corridor;
← The institutional responsibilities for the execution and management of the RAP;
← Mechanism for consultation with PAPs;
← An implementation schedule for the resettlement plan;
← Monitoring indicators for resettlement plan;
← The use of the framework in the Ministry of Roads and Highways ESMF and RPF to identify the various categories of affected people and their entitlements and the World Bank Operational Directive OP4.12.
← A budget for implementation of the resettlement action plan;
← A timetable for implementation, showing inter alia that all compensation will be paid and any transfer of people or business enterprises will be accomplished before actual movement or loss of assets is suffered.
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2.1 Project Objectives
The objectives of the project are to elaborate the technical, social and environmental design of a Pilot BRT project to be implemented in the short term including the following components:
← Technical: includes transport planning, transit operations and design of bus stops and terminal areas;
← Social and Environmental: includes assessment of social, property and environmental impacts and definition and proposal of mitigation plans;
← Legal: includes preparations of bidding and contractual documents for the infrastructure of the pilot project.
The purpose of the Pilot BRT Project is to achieve:
← Efficient level of service;
← Adequate institutional framework and regulation;
← High socio-economic benefits, especially for low income population;
← Maximum level of private participation;
← Minimum level of public expenditures and liability; and
← Adequate mitigation of social and environmental impacts.
2.2 BRT Communication Process Plan
The various phases of the project identified for communication purposes include preparation and design phase, implementation (i.e. pre-construction and construction), and post-construction (phase evaluation).
2.2.1 General Communication Stages
The communication strategy being used involves three-step approach:
• Stakeholder sensitization;
• Public education; and
• Evaluation.
This three-step approach is directly linked to the phases identified above.
Stakeholder Sensitization
A number of tools identified and being used to disseminate information include:
• Meetings;
• Focus group discussions; and
• Education materials.
Public Education
Sensitizations at this level are targeted at the general public who are the ultimate beneficiaries of the project. The focus is on communication through the media. The strategy employed includes:
• Radio and television interviews;
• Newspaper advertisements;
• Radio and television advertisements and documentaries;
• Billboards; and
• Handbills and other published materials, etc.
Additionally, there will be a series of seminars and public fora to educate the general public.
Evaluation
A series of surveys will be designed and conducted to track awareness and measure the impact of the communication activities over a one-year period. The communications effort at this level will seek to reinforce the message of the project and also invite feedback from all stakeholders.
2.2.2 Communication Tools
The preferred communication channels of the UTP generally include:
• Workshops, fora, focus group discussions and seminars;
• Media;
• Presentations;
• Publications;
• E-mails;
• Reports;
• Project publications and CD-ROMs; and
• Internet.
3.0 LEGAL AND INSTITUTIONAL FRAMEWORK
3.1 Legal Framework for Expropriation and Compensation
The important documents upon which the legal framework of this RAP hinges on are: the Constitution of Ghana, State Lands Act which gives authority for land to be acquired if it serves the public interest, the Statutory Way- Leaves Instrument and the World Bank Operational Directives, OP 4.12, which outlines the conditions under which the World Bank will fund a project if it displaces persons or affects their social and economic well being. All power and authority to evoke the various documents is vested in the National Constitution, which is assumed to give authority for the actions taken.
Key documents upon which the legal framework of this RAP is based on are:
← The Constitution of the Republic of Ghana i.e. Article 20 of the 1992 constitution;
← The Administration of Lands Act, 1962 (Act 123);
← The State Lands Acts, 1962 (Act 125) which gives authority for land to be acquired;
← The State Lands Regulations 1962 (LI 230);
← The State Lands (Amendment) (No.2) Regulations 1963 (LI285);
← Lands (Statutory Way Leaves) Act, 1963 (Act186);
← Office of the Administration of Stool Lands Act, 1994 (Act 481);
← The 2006 RPF of the Ministry of Transportation and its Agencies. The RPF states that no one is to be denied compensation because he/she is not the holder of a legal document. It proposes payment of supplemental assistance to non-holders of legal titles.
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3.1.1 Constitution of the Republic of Ghana
Article 20 of the 1992 Constitution of the Republic of Ghana provides for the protection from deprivation of property unless such acquisition is made in the interest of defence, public safety, public order, public morality, town and country planning, or the development or utilization of property to promote the public benefit. The project road reservations are therefore being acquired to promote public benefit.
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3.1.2 State Lands Act, 1962 (Act 125)
This is an Act to provide for the acquisition of land in the national interest and or other purposes connected therewith. The relevant extracts to support this Act are sections 1; item 1, 2 and 3, sections 2, section 4 as well as section 4A of the Amendment Decree of 1974.
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3.1.3 Statutory Way Leaves Instrument
This Act is probably the most relevant Act in place with regards to land acquisition for road construction. Section 1 of this Act empowers the President whenever, in his opinion, it is in the public interest to:
← Provide for entry on any land for construction, and maintenance of public interest; and
← Provide for entry on any land for construction and maintenance of public works and for the creation of ROWs and other similar rights with respect to such works. Works are to be provided by the Local Authority or any Statutory Organization, Corporation or Department.
If this means of compulsory acquisition is undertaken, an application is made to the Lands Commission, which then consults with the Minister of Lands and Forestry to continue with the transfer process.
The instrument for the acquisition must contain the following elements:
← Description (with measurements) of the land affected by the Lands Act together with a plan showing the position of the works to be constructed thereon;
← Particulars of the person or body receiving the benefits of the Executive Instrument; and
← A copy of a Way Leaves Instrument shall be served on the owner or occupier of the land affected by the executive instrument and, if neither the owner nor occupier can be found, it shall be posted in a conspicuous place on the land and published in a local newspaper.
The right may be terminated in accordance with Lands (Act 186) Regulations 1963, including revocation by the President, based on the recommendation of the Minister of Lands and Forestry after the instrument ceases to be used for the purpose for which it was granted.
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3.2 The World Bank Operational Directive OP 4.12
The World Bank Operational Directive OP 4.12 (attached as 0) outlines the conditions under which the World Bank will fund a project if it displaces persons or affects their social and economic well being.
Sections of the World Bank OP states that:
‘.................. Development projects that displace people involuntarily generally give rise to severe economic, social, and environmental problems: production systems are dismantled; productive assets and income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community structures and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environment damage unless appropriate measures are carefully planned and carried out.
The policy objectives and details of the OP 4.12 can be found in 0.
3.3 Comparing the Ghanaian Law and the World Bank OP 4.12
The Constitution is the final legal authority on acquisition and compensation. However, it allows the adoption of other directives whenever the funding source for a project specifies otherwise. In this project, funding is from the World Bank thus the Bank’s rules on involuntary settlement are adopted.
The World Bank Operational Directive OP 4.12 explicitly makes adequate provision for project affected persons who are either displaced or suffer other loss, as a result of projects, to be adequately catered for. Livelihoods of persons to be affected must be preserved, but in cases when this is inevitable, minimal displacements should occur. In instances where displacement is unavoidable, compensation should be paid to PAPs to help them to restore their social, economic and environmental livelihoods.
The Ghanaian statutes make provision for compensation to be paid out to only persons who have suffered any loss and can produce any form of title that is legal in the form of deeds, leaseholds, or legally binding tenancy agreement to the land in question. However, the Operational Directive expects all forms of losses without exception to be catered for.
Under the Ghanaian Statute, it is the preserve of the minister to assess loss due to works done but the World Bank OP 4.12, advocates the involvement of PAP persons through fora, surveys etc. to ensure that the project enjoys the full support of the Bank and affected persons.
The Operational Directive advises that project affected persons are assisted during their transition period in the resettlement site and efforts made to restore their livelihood whereas the State Lands Act is very silent on that. Error! Reference source not found. contains a comparison between the Ghanaian Laws to the World Bank.
To operate within the directives of the Bank, this RAP is being developed in line with the OP 4.12 with the involvement of affected persons through consultations and compensation paid based on full replacement cost; disturbance and restoration of livelihood.
Table 3. 1: Comparison of Ghanaian Laws and World Bank Policies
|Item |Ghanaian Law Requirement |World Bank Policy Requirement |
| |The Ghanaian State Lands Act is very silent on this |The Operational Policy advises that persons be assisted |
| |issue... |during their transition period in the resettlement side |
| | |and efforts made to restore their livelihoods. |
|Timing of compensation |Prompt |Prior to displacement |
|payment | | |
|Calculation of |Fair and adequate |Full replacement cost |
|compensation | | |
|Squatters |No provision, they are deemed not to be eligible |Are to be provided supplementary assistance (but no |
| | |compensation for land) |
|Resettlement |In situations where inhabitants have to be displaced, the|Affected persons who are physically displaced are to be |
| |state is to resettle all on ‘‘suitable land with due |provided with residential housing, or housing sites, or |
| |regards for their economic well being and social and |as required, agricultural sites…at least equivalent to |
| |cultural values’’ |old site. |
| | |Preference to be given to land –based resettlement for |
| | |displaced persons whose livelihoods are land-based. |
|Resettlement Assistance |No specific provision with respect to additional |Affected persons are to be offered support after |
| |assistance and monitoring |displacement, for a transition period |
|Information & |The owner /tenants on the land must be formally notified |Displaced persons and their communities…are provided |
|consultation |at least a week in advance of the intent to enter, and be|timely and relevant information, consulted on |
| |given at least 24 hours notice before actual entry. |resettlement options, and offered opportunities to |
| | |participate in planning, implementation and monitoring |
| | |resettlement |
|Grievances |Informal mechanisms and formal access to court of law |Appropriate and accessible grievance mechanisms to be |
| | |established. |
However, in the event of a conflict between the national legal framework and the World Bank Policy, the latter will supersede the local legal framework. This is because this forms part of the terms of the credit agreement tenets of the International Convention which Ghana is a party to and had signed.
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3.4 Institutional Framework
3.4.1 MRH’s Resettlement Policy Framework (RPF)
The Ministry of Roads and Highways has prepared, in 2006, a Resettlement Policy Framework (RPF) which serve as a guideline for the preparation of RAP on all road sectors related projects. The RPF represent statements of policy, guiding principles and procedures, as well as environmental and social safeguards instruments of reference for the transport sector projects.
3.4.2 Ministry of Roads and Highways/Department of Urban Roads (DUR)
The Government of Ghana (GoG) transport policy provides for continued improvements to the nation’s rural and urban road network. The MRH is responsible for formulating policies and overall strategies on roads and vehicular transport. The DUR, Ghana Highway Authority (GHA), and Department of Feeder Roads (DFR) are the implementing organizations under MRH. The BRT project falls within the jurisdiction of DUR.
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3.4.3 Department of Urban Roads
DUR is the road agency implementing the reconstruction of the Winneba/Graphic Road and sections of Kwame Nkrumah Avenue under the Pilot BRT project and will therefore implement and monitor this plan. The DUR will be directly responsible for ensuring that every PAP entitled to supplemental assistance and/or compensation is adequately paid and on time. The Environmental Unit and the Accounts section of the DUR are directly responsible for the implementation of the RAP. Currently DUR has an Environmental and Safeguards Unit which is managed by two senior staff supported by other junior staff. The current set up is capable of implementing this RAP.
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3.4.4 DUR Project Management Unit
The organizational framework for the management of the payment of compensation will be the responsibility of the DUR. The DUR will set up a Project Management Unit (PMU) comprising of representatives from the Environmental Unit, Planning and Development Sections. The main task of this PMU is to oversee the effective implementation of the RAP.
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3.4.5 Ghana Railway Company (GRC)
The GRC is the institution responsible for the provision and maintenance of railways infrastructure in the country. The overhead bridge to be constructed over the railway crossing at the Graphic Road rail crossing to facilitate the operations of the Pilot BRT will affect the location of the existing rail safety signal lights. The GRC has therefore made inputs into the design of the proposed bridge over the rail and has assisted in the provision of budgets for the relocation of the Rail Signal Warning Lights and the Road Barriers and will continue to monitor the construction of the overhead bridge and the operations.
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3.4.6 Land Valuation Board (LVB)
The LVB is the statutory government institution responsible for assessing and approving compensation amount to PAPs. LVB will receive and verify documentation on affected properties. This is to ensure that payments are not made to people who are not adversely affected and also compensations offered affected persons are reasonable. The BRT project falls within the jurisdiction of LVB. The current set up at the LVB will be capable of implementing this RAP.
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3.4.7 Ministry of Finance/Accountant General’s Department
The ministry of Finance and Economic Planning is the agency that manages the central government’s budget. The Ministry of Finance is responsible for releasing money to be paid to victims of projects undertaken by state agencies. On request from the DUR/Ministry of Roads and Highways, the Ministry of Finance will authorize and release to DUR, the funds required to implement this RAP, pay supplemental assistance and compensations.
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3.4.8 Land Commission/Ministry of Lands and Forestry
This is the state agency charged primarily with the management and administration of state and vested lands. It is responsible for advising on policy framework for development of particular areas so as to ensure that development of such areas is coordinated. The functions of Lands Commission are spelt out in Article 256 of the 1992 Constitution and the Lands Commission Act (Act 483) 1994. The Commission’s role in the compulsory acquisition is that it serves as a member/Secretary to the site selection committee, a technical committee that considers request for compulsory acquisition by the state agencies and recommends its acceptance or otherwise. The proprietary plan covering the site to be acquired is plotted by the Commission in the government records. Also recommendation on the acquisition is processed by the Commission for the approval by the Minister responsible for lands, before an executive instrument would be issued and gazetted.
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3.4.9 Town and Country Planning Department (AMA)
The Department prepares planning layouts for towns and cities and defines safety zones/right of ways. It also vets and approves layouts prepared by prospective developers and specifies all road reservations based on forecasted land use plans. The department is required to approve developments and grant permits in conformity with the already prepared layout of the area. The redesign of that section of Winneba Road, Graphic Road and Kwame Nkrumah Avenue will be revised in current town planning layout for that zone.
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3.4.10 Attorney General’s Department and Ministry of Justice
The Attorney General’s Department of the Ministry of Justice has redress mechanisms in place for aggrieved persons. The Attorney General will encourage all individuals (PAPs) who will not be satisfied with compensation offered them to seek redress in a court of law as empowered by constitution.
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3.4.11 Utility Companies
Utility companies such as Electricity Company of Ghana (ECG), Ghana Water Company Ltd (GWCL), Ghana Telecom (GT), would all assist in the relocation of the public services to the PAPs, which will be disconnected back onto their systems.
The local engineering coordinating committee made up of the planning, developing and environmental sections of DUR with the assistance of the utility companies will manage and ensure that person(s) that are relocated and have access to those utility services are reconnected. PAPs would be paid sums to cover the cost of reconnection onto the respective utility lines.
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3.4.12 The Metropolitan Assembly
The Accra Metropolitan Assembly through it’s Sub-Metros are the local authorities who have jurisdiction over the project road corridor. The Sub Metro Assembly grants permits and licenses for development and operation of infrastructure and any commercial activity.
4.0 PROJECT DESCRIPTION AND JUSTIFICATION
4.1 Project Location
The project location radiates from the Accra city centre to the west of the city shown in the figure 4.1 below.
4.1.1 Existing Road Conditions
The proposed project sites are located on Winneba Road (from Mallam Junction eastwards) and Graphic Road and in the CBD. The BRT corridor is 13.1km in length. The profile of the route varies from a low point near Mallam Junction (elev. 4.2m) to a high point at Odorkor (elev. 28.5m) and then falls gradually to Toyota and the Korli Bridge over the Odaw River (elev. 3.5m)
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2 Winneba Road
Winneba Road runs from Mallam Junction (OLC). The road is 6.9km long and has a dual 2-lane cross-section from Mallam to just west of Odorkor Junction. From this point to First Light Junction the road has a dual 3-lane cross-section with service roads. From First Light to OLC there are no service roads and the cross-section has 3-lanes in each direction with a concrete wall surmounted by razor wire in the median in the vicinity of Kaneshie Market. At either end of the Market there are pedestrian over-bridges.
There are several signal controlled T-junctions (at Dansoman High Street, Odorkor, Darkuman Road, Dansoman Road and the junction east of Kaneshie Market referred to in this project as the MMT/OLC Junction. There is one signal controlled cross-roads at First Light.
3 Graphic Road
Graphic Road is a continuation of the Winneba Road and runs from the Obetsebi Lamptey Circle and ends at the intersection with the Kwame Nkrumah Avenue. It is 2.3km long with about 1.5km of it forming part of the boundary separating Okai Koi South and Ablekuma Central Sub-Metropolitan Assemblies. The remaining 0.8km separates Ashiedu Keteke from Osu Klotey Sub- Metropolitan Assemblies.
The road has a dual 2-lane cross-section throughout its length. There are four signal controlled junctions. Two of these are T-junctions (Official Street and Agbogbloshi Road) and two are cross-roads (a staggered junction at Toyota Motors and a conventional crossroad junction at Kwame Nkrumah Avenue).
Most of the road passes through the South Industrial Area and through the Adabraka residential area. Major establishments along Graphic Road include Pepsi Cola, Toyota Ghana Ltd, Universal Motors, CAL Bank Ltd, Beyeeman Freezing Company Ltd, Orca Deco, and Graphic Communications Group Ltd.
[pic]
Figure 4. 1: Project Location
4.2 Project Components
4.2.1 Design Standards
The project adopts the design standards of the GHA. In some cases there are no appropriate Ghanaian design standards, in particular for BRT facilities, and in these cases standards are adopted from best international practice.
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4.2.2 Project Works
The project works are described in this section.
1 Overview of the Works for the Pilot BRT Project
The works starts from just east of Mallam Junction on the Winneba Road through First Light at Kaneshie, Kaneshie Market, Obetsebi Lamptey Circle, Graphic Road and Kwame Nkrumah Avenue.
Some development works will also be carried out from Kwame Nkrumah Avenue through Liberia Road (South and North Links), Independence Avenue and Barnes Road.
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3 Winneba Road (Mallam to First Light)
This route covers approximately 5.3km. The works to be carried out in this section consist of the provision of BRT stations at the side of the road (no segregation of BRT is proposed here) and reconfiguring of traffic signalised junctions where needed to accommodate BRT stops. There are 14 BRT stations in this section 5 of which will be located at the kerbside and 9 located on separator islands. The main works to be carried out in this section include:
▪ The Construction of Bus Stations (14 No) at locations predetermined by traffic feasibility Studies. These are basically of reinforced concrete and steel;
▪ The reconfiguration of junctions to accommodate the BRT stations meet with design year traffic demands and characteristic at the intersections;
▪ The reconstruction of culverts which have known histories of perennial flooding during rainy seasons; and
▪ Road line markings and signage.
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5 Winneba Road (First Light) and Graphic Road to Kwame Nkrumah Avenue (UTC)
This covers approximately 5.0km. The main works to be carried out in this section include,
▪ The Construction of Bus Stations (6 No) at locations predetermined by traffic feasibility Studies. These are basically of reinforced concrete and steel;
▪ The reconfiguration of junctions to meet with design year traffic demands and characteristic at the intersections;
▪ The construction of concrete storm drains around First Light and Obetsebi Lamptey Circle, which have known histories of perennial flooding during rainy seasons;
▪ The construction of pedestrian foot bridges (2No) and Kaneshie Market;
▪ Traffic diversion and management during construction; and
▪ Road line markings and signage.
The activities leading to the implementation of any of these facilities mentioned above will have a destabilizing effect on the existing road pavement structure and furnishing where the facilities are to be established.
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|[pic] |
Figure 4. 2: Traffic Conditions at Kaneshie Market (Morning Peak Perion)
Therefore remedial action will be taken to reinstate the damaged sections of the road after the implementation of these facilities. In addition, the existing roadway after being subjected to the damaging effect of construction equipment will be strengthened with a 50mm thick Asphaltic Concrete Overlay.
The activities for the implementation of the BRT facilities will include:
▪ Relocation works of ECG, AVRL/GWCL and Ghana Vodafone facilities;
▪ Excavation works;
▪ Earthworks;
▪ Concrete storm drainage works;
▪ Crushed stone base works;
▪ Concrete works;
▪ Asphalt paving works;
▪ Rehabilitation of existing walkways;
▪ Road line markings and road signs; and
▪ Traffic diversion and management during construction.
The works will involve the movement and use of heavy construction equipment and machinery such as excavators, dump and tipper trucks, giant cranes, compactors, concrete mixing plant and trucks, bitumen storage tanks and trucks; asphalt plant and paving machines, etc.
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|[pic] |
Figure 4. 3: Traffic in Kwame Nkrumah Avenue at UTC
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7 CBD Loop
This covers approximately 3.0km. The main works to be carried out in this section include:
▪ The construction of Bus Station (7No) at locations predetermined by traffic feasibility studies. These are basically of reinforced concrete and steel;
▪ The reconfiguration of junctions to meet the design year traffic demands and characteristics at the intersections;
▪ Rehabilitation of existing walkways;
▪ Road line markings and signage; and
▪ Traffic diversion and management during construction.
The activities leading to the implementation of any of these facilities mentioned above will have a destabilizing effect on the existing road pavement structure where the facilities are to be established.
Therefore remedial action will be taken to reinstate any section of the existing road that becomes destabilized as a result of the construction activities.
The activities for the implementation of the BRT facilities will include,
▪ Excavation works;
▪ Earthworks;
▪ Crushed stone base works;
▪ Concrete works;
▪ Asphalt paving works;
▪ Rehabilitation of existing walkways;
▪ Road line markings and signs; and
▪ Traffic diversion and management during construction.
The works will involve the movement and use of heavy construction equipment and machinery such as excavators, dump and tipper trucks, giant cranes, compactors, concrete mixing plant and trucks, bitumen storage tanks and trucks; asphalt plant and paving machines etc.
4.2.3 The Preferred Alternative
The construction and operation of the BRT service will require standards of safety that include, among other issues, adequate separation between road traffic and adjacent properties, people and structures. The DUR owns or controls the Right of Way in the proposed project road corridor and is within its right to use available space in furtherance of its programmes.
Presently, in Mallam - Kaneshie and Kwame Nkrumah Avenue project zones, the concern lies with the “safety zone”, which is within the ‘Right of Way’ that will provide for the safe reconstruction of segregated BRT way in the median of the route and finally the operations of the BRT service that will require substantial reduction of risk to the people and property around the project zone.
5.0 SOCIO-ECONOMIC SURVEY OF AFFECTED POPULATION
5.1 Field Study Findings
In March 2008, as part of the TOR, the entire Pilot BRT corridor was surveyed to document exiting land use activities within the safety corridor required for the construction and operation of the Pilot BRT. Again in May 2009, the baseline data collected in those sections of the project zones was updated and confirmed the March 2008 baseline data. In January 2010 the same action was repeated.
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5.1.1 Socio-Cultural and Economic Landscape of PAPs
Both in March 2008 and May 2009, socio-economic baseline data was collected from project affected persons who were operating in the ROW required for the construction and operation of the Pilot BRT. Surveys were carried out in the following project zones:
← The immediate environs of Kaneshie Market – land use activities within the proposed 34.30m ROW;
← Immediate area around the railway crossing on Graphic Road - Land use activities within proposed 34.10m ROW;
← Kwame Nkrumah Avenue near UTC area - Land use activities in the (4.50 -7.60m) road median strip between JJJ and Bonsu Brothers Building.
Two main sources of data collection were employed in these three project zones to obtain baseline socio-economic data on project affected persons. The first comprised secondary data sources obtained from organized groups like the road transport union of Ghana Private Road and Transport Union (GPRTU). The second consisted of a sample survey of vehicle operators operating in the road carriageway, traders operating from project road side walks and shop owners using project road sidewalks to display wares. Data obtained were analyzed, using simple statistical techniques.
5.2 Socio-economic Characteristics of PAPs
5.2.1 Land Uses
Land uses along the project corridor comprise commercial, light industrial and civic and cultural. The survey identified pockets of intensive roadside economic activities especially around the Kaneshie Market area, Abossey Okai and Okaishie areas.
5.2.2 Profile of PAPs within the Safety Zone in the Kaneshie Market Area
The major focal area identified along the Winneba Road was the Kaneshie Market Area where informal trading activities and unauthorized parking of vehicles located in the safety zones pose a challenge to the successful implementation of the Pilot BRT service.
Apart from the drivers, iterant traders, shop owners and traders have taken over both road pavements between the Kaneshie First Light Traffic Light and the Obetsebi Lamptey Circle section of the Winneba Road and road sidewalks.
A sample survey of 886 traders was conducted in the Market Area among traders who are to be displaced from the sidewalks to allow for the successful implementation of the Pilot BRT service. A sample survey also targeted commercial vehicle operators engaged in unauthorized parking in the carriageway around the Kaneshie Market area.
The principal demographic and socio-economic characteristics of the affected persons are highlighted below.
(a) Traders
Demographic Characteristics
Sex ratio along the project road indicated that on the average females were more than males, i.e. 54% for females and 46% for males. The average age of the traders is 30.8 years with the oldest and youngest traders being 14 and 45 years respectively. This implies that ages of the traders fall within the active working population (15-64 years). In terms of the age distribution the survey estimates that 2.9% of the traders are twenty years or below, 47.5% are between twenty and thirty years and 42.9% are between the ages of thirty and forty years. Only 8.6% are above forty.
Social Conditions
Literacy status: among the PAPs is high, this is because about only 17% were found to have no formal education. Majority (57.1%) had middle school/JSS education.
The traders live in communities within the Mallam-Kaneshie road corridor with few living in other parts of Accra.
Economic Conditions
The traders are into a variety of merchandise ranging from durables including electrical appliances such electrical irons, television sets to perishables such as foodstuff and fish. Services are also prominent in this zone with the most visible ones being small scale mobile telephone operators (space-to-space). The most prominent activity in this zone is the sale of second hand clothing.
Table 5. 1: Types of Merchandize Sold on the Pavement along at the Kaneshie Market
|Type of Commodity |Side A |
|Fish (Smoked/fresh) |12 |
|Fruits/Vegetables |15 |
|Meat |15 |
|Foodstuffs |20 |
|Consumables (provisions etc) |35 |
|Second-hand clothes |40 |
|Mobile Operators/Dealers in Accessories |20 |
|Electrical Appliances |25 |
|Others(eg. sale of sandals, shoes and belts etc) |15 |
Source: Based on Enumeration of Activities in the Pavements between Kaneshie First light and Obetsebi Circle, March 2008 (Up dated in April 2009)
2 (b) Commercial Vehicle Operators
The project will displace about five transport operators currently operating from the road carriageway including the following:
← Large size Metro Mass Transit (MMT) buses;
← Large size Tata buses;
← Long distance medium size Ford vehicles;
← Long distance small size commuter buses (Toyota/Nissan Urvan); and
← Short distance medium size commuter buses (Mercedes Benz 207).
About 180 commercial vehicles that operate each day from that zone will be displaced by the Pilot BRT project. These are illustrated in table 5.3 below.
Table 5. 3: Vehicles that Parked on the Winneba-Accra Road around Kaneshie Market
| | |
|Type of Vehicle |Capacity |
|20-30 |40.0 |
|31-40 |54.3 |
|40-50 |5.7 |
|Total |100.0 |
Source: Consultant Field Survey, March 2008, (Up dated in April 2009) N=35
Social Conditions
The drivers who operate within the Kaneshie market area mostly have basic education as presented in table 5.5 below.
Table 5. 5: Educational Status of Vehicle Operators (Drivers)-Kaneshie
|Educational Status of Drivers |Percentage (%) |
|No Education |17.1 |
|Middle School/ JSS |82.9 |
|Total |100 |
Source: Consultant Field Survey, March 20089(Up dated in April 2009), N=35
Economic Conditions
Income of vehicle operators are determined by the type of vehicle used, number of trips made and the fare charged to its destination. Table 5.6 below presents the income of the vehicle operators.
Table 5. 6: Income of the Vehicle Operators-Kaneshie Market Area
|Type of Vehicle |No. of trips per day |
|(Group) | |
|Male |31 |
|Female |153 |
|Total |184 |
Source: Consultant Enumeration Exercise, April 2009
Social Conditions
The sale of other products (37%) such as cylinders, carpets, cassettes and electrical gargets are most prominent activity among the traders in the median, (table 5.6).
Table 5. 8: Types of Commercial Activities in the Median (Bonsu Brother Area UTC)
|Type of Activities |No. of Activities |Percentage (%) |
|Clothing |9 |4.9 |
|Drinks |6 |3.3 |
|Fish |11 |6.0 |
|Food |11 |6.0 |
|Food Stuff |22 |12.0 |
|Fruits |18 |9.8 |
|Vegetables |21 |11.4 |
|Mobile Phone-Operators |8 |4.3 |
|Dealers in Mobile Phone Accessories |5 |2.7 |
|Footwear |5 |2.7 |
|Others (Electricals, cylinder, calculators etc) |68 |37.0 |
|Total |184 |100 |
Source: Based on Enumeration of Activities in the Median between Kinbu-Agbogbloshi-Kwame Nkrumah Road Intersection and the Market Street, April 2009
The sale of food stuffs (12%) and vegetables (11.4%) are also dominant activities in the median. These sellers are concentrated along the only walkway in the median.
All the traders surveyed in the median are aware of the fact that they are not authorized to be there. The majority (67%) of them indicated that they came to sell in the median through relatives (mother/sisters) and friends. The traders have been trading at the current spot (in the median) for as long as 10 years. The traders are owners of their businesses and operate for an average of six (6) days in a week. (Table 5.9).
Table 5. 9: Type of Structures Used by the Traders for Selling their Products
|Type of Structures |Number |Percentage (%) |
|Container |2 |1.1 |
|Kiosk |9 |4.9 |
|Open Space |84 |45.7 |
|Table Top |66 |35.9 |
|Umbrella Stand |23 |12.5 |
|Total |184 |100.0 |
Source: Based on Enumeration of Activities in the Median between Kinbu-Agbogbloshi-Kwame Nkrumah Road Intersection and the Market Street, April 2009
Economic Conditions
The traders derive their daily incomes from selling in the median. They make an average daily sale of GH¢13.6. In terms of expenditure, the traders (90.3%) pay an amount of GH¢ 0.1 as tickets to AMA.
Table 5.10 below presents the average daily sales made by the traders in the median.
Table 5. 10: Turnover of Traders in the Median
|Types of Activities |Average Daily Sales GH Cedis |
|Clothing |11 |
|Drinks |9.2 |
|Fish |11.9 |
|Food |17 |
|Food Stuff |21.75 |
|Fruits |8 |
|Vegetables |11 |
|Mobile Phone-operators |11 |
|Dealers in Mobile Phone Accessories |58 |
|Footwear |24 |
|Others |12.3 |
Source: Based on Enumeration of Activities in the Median between Kinbu-Agbogbloshi-Kwame Nkrumah Road Intersection and the Market Street
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4 (b) Non-Trader Activities in the Median
Okaishie-Kumasi Cargo Service of the GPRTU of TUC
This cargo service has been operating in the road median since 1995 when the Accra Metropolitan Assembly allocated to them the space to operate the cargo service. The service operator has paved the site, fenced it installed a metal container as an office and connected electricity and telephone to the terminal. Customers and drivers sit under a canopy. The terminal can on the average accommodate about five loading vehicles at a time.
The cargo services serve traders who shop at the city centre and want to convey their goods from Accra to the rest of the country. Currently the cargo service has 60 full members who operate 60 containerized cargo vehicles and 70 shift members with 70 container vehicles. These vehicles are normally parked at two depots at the CMB lorry park where they wait their turn to load. On the average about 50 vehicles are loaded every day to different destinations. Every full load attracts GH¢ 5.0 payment to AMA.
Demographic Conditions
All the drivers who operate the cargo service are male aged between 25 – 51 years.
Social Conditions
About 90% of the drivers have Middle School /JHS Certificate.
Economic Conditions
An income of about GH¢ 350 per trip is earned by the driver while the mate is paid GH¢150 per trip. Loaders receive GH¢ 6.00 for a day’s work.
(c) By His Grace Restaurant
Facilities in the place include 3 open sheds, a metal container and a wooden container. There is electricity connection but no water at the place.
Demographic Conditions
This restaurant is operated by Mama Grace K Owusu supported by five workers comprising 2 cooks and 3 servers. Majority of the workers (84%) at the restaurant are female.
Social Conditions
All the workers have basic school education - Middle School /JHS Certificate
Economic Conditions
The restaurant operates from 6 in the morning and closes at 5 in the evening. Apart from the general public they serve the staff of Ghana Commercial Bank which is located nearby. They have a yearly turnover of about GH¢ 45,000.00.
(d) Metro Mass Transport Terminal
Also located in the Kwame Nkrumah Avenue road median is a MMT terminal with two bays that accommodate about four buses at a time. The terminal also has passenger sheds. Currently the Terminal has been invaded by traders operating from kiosks and table tops.
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5.3 Land Uses
Land uses along the project corridor comprise commercial, light industrial and civic and cultural. The survey identified pockets of intensive roadside economic activities especially around the Kaneshie Market area, Abossey Okai and Okaishie areas.
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5.4 Findings from Winneba Road and Kwame Nkrumah Avenue Corridors
The field survey concluded that, apart from the transport terminal in the road median strip on the Kwame Nkrumah Avenue, which contains permanent structures, the majority of the structures identified in April 2009 that fell within the project safety zone (ROW) in both Kaneshie Mallam Road and Kwame Nkrumah Avenue corridors are temporary structures. The temporary properties include metal containers with concrete bases, kiosks, table tops, table tops with umbrella and those operating from the ground.
Categories of loss as a result of the reconstruction of the Winneba Road in the Kaneshie area will be temporary structures only and no land or permanent structures will be affected as provided in table 5.11 below and summaries of project affected temporary properties are presented in table 5.12.
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Table 5. 11: Temporary Structures Impacted on Winneba Road Project Zone
|Type of Structure |Dimensions |No. of structure |
|Winneba Road | |
|Table Top |1.20x1.35m |495 |
|Kiosk |2.25x2.50m |1 |
|Umbrella Stand |1.30x1.80m |84 |
|*Open Ground/Pallets |1.20x1.80m |306 |
|Total | |886 |
Table 5. 12: Summary – Winneba Road Project Zone
|ITEM |Reconstruction of road median strip from First Light to Obetsebi | |
| |Lamptey Circle | |
|1 |Mallam Kaneshie Road – CBD Corridor in the city of Accra |Accra |
|2 |Road Length (m) |1575m |
|3 |Road functional classification (asphalt) |Arterial Road |
|4 |Proposed surfacing type |Asphalt |
|5 |Number of project affected households |None |
|6 |Total residential houses and other buildings that will be fully |None |
| |affected | |
|7 |Total residential houses and other buildings that will be partially|None |
| |affected | |
|8 |Total business properties that will be fully affected |None |
|9 |Total business properties that will be partially affected |None |
|10 |Total Temporary Structures that will be fully affected |886 |
|11 |Total PAP who will be fully affected |954 |
|12 |Average daily displacement of Commercial Vehicles from road |1,200 |
| |carriageways | |
|13 |Total loss of strip of land including fence wall |None |
|14 |Partial loss of strip of land including fence wall |None |
|15 |Temporary road diversion |Yes |
Table 5. 13: Temporary Structures Impacted-Kwame Nkrumah Avenue Zone
|Type of Structure |Dimensions |No. of structure |
|Kwame Nkrumah Avenue | |
|Table Top |1.50x2.80m |66 |
|Kiosk |2.25x2.50m |9 |
|Umbrella Stand |1.30x1.80m |23 |
|Open |2.00x2.40m |84 |
|Shed |4.00x7.65m |2 |
|Container |4.6x5.40m |6 |
|Total | |190 |
Source: Census of Activities in the Respective Zones of Critical Impact April, 2009
Table 5. 14: Compensation Summary – Winneba Road Project Zone
|ITEM |Reconstruction of road median strip on Kwame Nkrumah Avenue from | |
| |Traffic Light to Bonsu Brothers Building | |
|1 |Circular Road in CBD |Accra |
|2 |Road Length (m) |820m |
|3 |Road functional classification (asphalt) |Arterial Road |
|4 |Proposed surfacing type |Asphalt |
|5 |Number of project affected households |None |
|6 |Total residential houses and other buildings that will be fully |None |
| |affected | |
|7 |Total residential houses and other buildings that will be partially|None |
| |affected | |
|8 |Total business properties that will be fully affected |None |
|9 |Total business properties that will be partially affected |None |
|10 |Metro Mass Passenger sheds that will be fully affected |2 |
|11 |Metro Mass Passenger sheds that will be partially affected |None |
|12 |Total Temporary Structures that will be fully affected |190 |
|13 |Total PAP who will be fully affected |189 |
|14 |Temporary road diversion |None |
The PAPs were categorized as follows:
a. Owners of permanent structures that may be dislocated; and
b. Owners of temporary structures that may have to relocate.
5.5 Permanent Structures within Existing Right of Way
Bus stop with 2 Passenger Sheds
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5.6 Temporary Structures within Proposed Right of Way
5.6.1 Winneba Road (Kaneshie-Mallam)
About 886 temporary structures consisting of a Kiosk, Table Tops, Table Tops with Umbrella Stands and pallets are found in the Kaneshie Market Area.
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5.6.2 Kwame Nkrumah Avenue
About 190 temporary structures consisting of Kiosks, Table Tops, Table tops with Umbrella Stands, Open Sheds, Metal Containers and Pallets are found in the in the road median strip on the Kwame Nkrumah Avenue.
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5.7 Temporary Road Diversion
During the construction stage, temporary road diversions will be provided as follows:
← Works on the Winneba Road in the vicinity of Kaneshie Market will also necessitate the diversion of traffic onto neighbouring roads. As indicated below, west bound traffic will be rerouted north of the market onto the Mantse Akrama Street through the Asafoatse Omanie Street and the Asafoatse. Ashie Street before rejoining the Winneba road. Eastbound traffic will remain on Winneba Road.
← Westbound traffic on Graphic Road will be diverted to the north through Additrom Road and Official Street before rejoining the Graphic Road. Northbound traffic will be rerouted on to the Official Street through the Brewery Road and the Ahinakwa Road. Eastbound traffic will remain on Graphic Road.
These actions will not involve any land take that will require any demolition of structures. The temporary traffic diversion will use existing roads.
6.0 RESETTLEMENT ACTION PLAN
6.1 Justification for a Resettlement Action Plan
The main objective of the RAP is to ensure that PAPs do not lose their sources of livelihood or assets. This RAP has therefore been prepared by following the guidelines of the World Bank’s Operational Directive (OP 4.12.) and the Resettlement Policy Framework prepared by the MRH for the Roads Sector. Paragraph 17 (a) of the OP 4.12 states that a RAP is required for all operations that entail involuntary resettlement unless otherwise specified.
For the above reasons, DUR has prepared this RAP, which comprised a demographic survey, a description of the compensation and the assistance to be provided, public consultation, grievance procedures, institutional responsibility for the operation and monitoring arrangements, and calendar and budget.
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6.2 Methodology
Field visits to the project zones were carried out between March and May 2008, May 2009 and January 2010 to assess the state of encroachment within the proposed safety zones.
In each of the project zones, major stakeholders including the officials of the Road Transport Unions, Street Traders Associations, Kaneshie Market Company, Accra, Okaishie Kumasi Mini Cargo, Sub-Metropolitan Assembly to sensitise them and enlist their assistance for the baseline data collection within the safety corridor in their jurisdiction. The team discussed with market officials at the Kaneshie Market and Okaishie as to how best the reassignment of market spaces and transfer of marketing facilities (e.g. kiosks, tables) would be carried out. The PAPs were informed at the early stage about the resettlement and compensation packages that would be available to them. There was a general consensus by stakeholders on the necessity of clearing the right of way for the safe and effective implementation of the project.
Similar consultations were held with representative of the road transport unions as to how best to discontinue unauthorised parking in the carriageway to drop and pick passengers. Although they showed their reservations about competition from the proposed BRT service, they were made to understand that they can provide feeder services to enhance the BRT service. They gave the undertaking to cooperate by clearing the carriageway for the implementation of the project.
As stated in the previous section, the preparation of the RAP was also preceded by a socio-economic survey for the preparation of the ESIA.
7.0 VALUATION PROCEDURES
7.1 Introduction
This chapter presents valuation procedure of estimates of assets and other costs to the people who will be affected and the mode of restitution that can be followed. The Land Valuation Board undertook the assessment of the assets. However, for the purpose of budgeting, estimation of properties to be affected was done by the Consultant on behalf of DUR. The consultant’s valuations are therefore provided in this section. The values given do not include government administrative cost, salaries of consultants and land acquisition.
7.2 Eligibility Criteria for Project Affected Persons
With reference to the MRH’s RPF, PAPs include: business units, including their workers and owners of assets like land and buildings to be affected by the owners; non-resident lessees; tenants of buildings; squatters and pavement dwellers. This definition covers any person (legal bodies or individuals) who will suffer loss of or damage to a building, business, trade or loss of access to productive resources, as a result of the reconstruction of sections of the Winneba Road (Mallam-Kaneshie) and Kwame Nkrumah Avenue were considered eligible for compensation and/or resettlement assistance.
The cut-off date for being eligible for compensation and/or resettlement assistance was the 30th June 2009, which was the last day during which the socio-economic survey was completed. The cut off date was explained to and agreed to by all the stakeholders. This date was preceded by a notification and census of PAPs in May 2009. Any new structures or their occupants would not be eligible for compensation or supplementary assistance after this date.
This is consistent with the laws of Ghana and the World Bank Policy 4.12. For example, the provision under Clause 15 of the World Bank’s Operational Policy 4.12 suggests the following three criteria for eligibility which was considered in the RPF. Under the provision, PAPs also include:
← Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);
← Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets and become recognized during the survey; as well as
← Those who have no recognizable legal rights or claim to the land they are occupying.
To be described as a PAP under this project, your property or activity must fall within the 15m-20m on either side from the centreline of the Winneba Road (Mallam-Kaneshie) as indicated on the Department of Town and Country Planning Scheme covering the Kaneshie Market Area. On the Kwame Nkrumah Avenue in the city centre, the PAPs are those located in the road median strip at the time of the survey. This means that all persons who owned properties that fell within the 30.40m band cut through the entire Mallam - Kaneshie road corridor and the road median strip in the Kwame Nkrumah Avenue were affected. No matter what activity being carried out in the right of way, as long as persons had/owned a temporary structure that had been in the particular location before properties were marked for dislocation, that person is eligible.
These structures included steel frame structures with concrete foundations, wooden structures and metal containers either fixed into the ground with concrete foundation or raised off the ground on wooden or concrete pillars. These structures are mostly found in the road median strip on Kwame Nkrumah Avenue.
Persons eligible for supplementary assistance were persons who work from temporary structures who would need to relocate their premises so that the Pilot BRT route reconstruction could proceed unhindered.
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7.3 Proof of Eligibility
The DUR will consider various forms of evidence as proof of eligibility as stated in the RPF, to cover following:
← Affected persons with formal legal rights, documented in the form of land title registration certificates, leasehold indentures, tenancy agreements, rent receipts, building and planning permits, business operating licenses, utility bills among others: unprocessed/unregistered formal legal documents will not bar documents will be established in the RAP;
← Affected persons with no formal or recognized legal rights – criteria for establishing non-formal, undocumented or unrecognized claims to eligibility shall be established paying particular attention to each situation and its peculiarities. Alternative means of proof of eligibility will include:
– Affidavit signed by landlords and tenants;
– Witnessing or evidence by recognized traditional authority, customary heads, community elders, family heads and elders and the general community.
However only PAPs registered during the baseline survey shall be eligible for either the compensation or supplemental assistance. In other words the date of completion of baseline survey, 30th June 2009, was the cut-off date for receipt of compensation or any assistance. Any new structures or additions to existing structures carried out after the cut-off date and their occupants will not be eligible for compensation or supplemental assistance.
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7.4 Public Notifications
Two categories of project affected persons were identified within the road safety corridor and these have been compiled to receive compensation. The categories are:
← Owners of permanent structures (belonging to the state); and
← Owners of temporary structures.
During the baseline socio-economic data collection from PAPs in the project zone in the Mallam to Kaneshie corridor and in the Kwame Nkrumah Avenue in from March to May 2008 and updated in May 2009, consultations were held with individual PAPs in the project zones.
Each individual PAP along the project corridor was consulted, briefed about the impact on his/her property; informed about his/her compensation package and given documented recognition of his/her property through the registration of his/her asset(s) by the Valuers and Sociologist. Two forms were administered to that effect: one for property inventory and the other for social/ownership aspects (Title, Mode of Acquisition, Tenure, etc). The result of the consultations confirmed that PAPs were in support of the project.
All properties that fall within the right of way have been captured with measurements as well as construction details. A compensation valuation of all affected properties was carried in May 2009 by the consultants out to assess commensurable values. These values will be passed on to the Land Valuation Board for final confirmation and assessment.
After the disclosure of this RAP, owners of the affected properties will be notified in several ways:
← DUR will send letters to all project affected persons along the Pilot BRT route;
← A Forum will be held at locations along the road (Kaneshie Market area, Bonsu Brothers area in the CBD) to draw attention to the impending reconstruction and consult property owners on their concern;
← A compensation valuation of all affected properties will be carried out to assess commensurable values of properties;
← All those who must be paid supplemental assistance will have their structures numbered and photographed; and
← All persons entitled to supplemental assistance will be listed and photographed.
7.5 Values of Land Parcels in the ROW
7.5.1 Land Ownership
1 State Land
The land take associated with this project will affect a portion of the road median strip on Kwame Nkrumah Avenue where the Metro Mass Transit terminal is located. However this particular land forms part of the Government Acquired ROW on the Kwame Nkrumah Avenue and the affected structures were built by the state so no compensation will be paid for this land and the structures.
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3 Private Appropriations
No strips of lands belonging individually or collectively to private people in the safety zone will be affected.
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7.6 The Valuation Process
Following the determination of the permissible operational space (ROW) within the planning scheme and the pegging of the ROW by DUR Survey and Design Section, the structures found to be affected by the project were numbered. In addition, the affected property owners were requested to furnish the DUR with relevant documents relating to their interest in the properties. There was a preliminary valuation of all project affected properties and was passed on to DUR to study. These property values were then submitted to LVB by DUR for their independent inspection/referencing, assessment, review and approval. The approved compensation figures would be forwarded to the Ministry of Finance and Economic Planning for release of funds to DUR for cash payment to the PAPs. This process takes place after the publication of the RAP and before the commencement of the civil works.
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7.7 Basis of Valuation
The appraisal exercise was based on the Open Market Value which is defined as the best price at which the sale of an interest in a property might reasonably be expected to have been completed unconditionally for cash consideration on the date of the valuation which was in May 2009. These values will be reviewed by independently LVB before payment:
← Predetermined location or condition at a particular point in time;
← That prior to the date of valuation there had been a reasonable period (having regard to the nature of the property and the state of the market) for the agreement of price and for completion of terms;
← That the values will remain static during that period;
← That the property will be freely exposed to the open market; and
← That no account will be taken of any higher price that might be paid by a purchaser with special interest.
The open market value of the property is arrived at by the under listed methods based on the purpose of valuation, the availability and reliability of basic data for the valuation.
7.8 Method of Valuation
In appraising the properties affected by the road project, a combination of the Replacement Cost and the Direct Capital Comparative Methods were used in arriving at the open market capital value of the building and land respectively. For the purpose of this RAP, the two methods have been briefly described in the next section.
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7.9 Replacement Cost Method
The Replacement Cost Method, which is used in estimating the value of the building/structure, is based on the assumption that the capital value of an existing development can be equated to the cost of reinstating the development on the same plot at the current labour, material and other incidental costs. The estimated value represents the cost of the property as if new.
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7.10 Direct Capital Comparative Method
The value of bare land is determined by the comparison of market evidence of recent sale of plots in the vicinity or similar neighbourhood. Comparable data are collected and analyzed to determine the unit rate per acre taking into consideration, statutory use, alternative use, size of plot, nature and terms of interest, proximity of the land to utility services, peculiar advantages of location, the trends of redevelopment and construction.
The appropriate adjustments are made to reflect the differences between the comparable data and the subject land (affected land) and the appropriate rate adopted for the assessment of the current open market value of the subject land (affected land).
7.11 Disturbance and Other Incidental Contingencies
The project has impacted on entire property (transport terminal) and a lot of temporary structures to make room for the road reservation. Depending on the extent to which a property is affected, the occupant will have to resettle elsewhere, construct another building on the remaining portion of land or look for alternative accommodation. The affected persons require the services of professionals which they pay for.
Based upon the level of inconvenience these are quantified and expressed as percentage of the total reinstatement cost of the property.
The summation of the above estimated values of the building/structure, land and the disturbances, gives the adequate and fair amount of compensation payable to the affected person.
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7.12 Modes of Restitution
Traditionally, owners of permanent structures whose properties are affected by the project are protected by law and would be expected to receive adequate compensation for their properties. The State Lands Act gives them adequate legal coverage, which guarantees them compensation, which must be based on mutual agreement. If the property owner is not satisfied with the Government offer he/she has the option of employing a Private Valuer of his/her choice to reassess the property and submit same to the LVB for consideration and final determination of the value of the property. The determined figure by the LVB is then communicated to the DUR for payment to the beneficiaries.
In situations where the beneficiary is still not satisfied with the amount of compensation payable to him, he is at liberty to seek redress at the courts. In this situation the permanent structures to be demolished belong to the State therefore there will be no compensation paid.
Temporary structures that need to relocate will be paid a supplemental assistance that will enable them dismantle their structures, transport them, reconnect power if they need it, pay their District Assembly Annual License fee and have some income while their business gets back on its feet.
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7.13 Grievances and Redress Procedure
Compensation would be paid to a PAP after receiving their written consent. Under Ghana’s Stats Land Act 125, of 1962, each individual PAP has the right to refuse the compensation proposed and take his or her case to court of justice if he or she finds the compensation to be inadequate and unfair under the replacement cost. The DUR has however, set up a Grievance and Redress Committee to receive, mediate compensation disputes amicably. The Committee is composed of the Regional Surveyor, a Valuer from LVB, the Environmental Manager from DUR and Legal Officer from MRH, an EPA Officer as well as a representative from the relevant Sub-Metro. Names and contacts of the members of the committee are in table 11.1. It is expected that this Committee will be able to amicably settle any claims and disputes. If that fails, the PAPs can seek redress from the Lands Court at the 28th February Road, Accra, as provided by the Constitution of Ghana.
The objective of the grievance procedure stated above is to address the following:
← Provide to PAPs with avenues for making a complaint or resolve any dispute that may arise during the course of land, structure and any assets acquisition, including the process of moving business;
← Ensure that appropriate and mutually acceptable corrective actions are identified and implemented to address complaints;
← Verify that complainants are satisfied with outcomes of corrective actions; and
← Avoid the need to resort to judicial proceedings.
If appropriate, the individual grievances and corrective actions would be reviewed in the light of the project and procedures to determine if any changes to the current system were warranted. This review would aid in avoiding similar grievance in the future.
This process would take place after the publication of this RAP and before the commencement of civil works. Past experience (the last five to ten years) has demonstrated this approach to be beneficial to the PAPs. The difference between the values from DUR Valuers and those from Land Valuation Board (LVB) has been minor and to the advantage of the PAPs as the two values are based on the same criteria.
8.0 COMPENSATION AND OTHER ASSISTANCE (STRUCTURES TO BE AFFECTED)
Land taking typically entails compensation for land, houses, business and other structures on that land, as well as other assistance in order to mitigate these adverse consequences that affect people and communities when they give up property for public good.
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8.1 Loss of Land
In the road median strip on the Kwame Nkrumah Avenue is located a bus terminal with passenger sheds which will be displaced by the reconstruction of the median into a dedicated BRT route. This means that by its location in the median in the acquired right of way, the land on which the structures are situated belongs to Government of Ghana.
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8.2 Loss of Permanent Structures
The proposed Right of Way of 34.40m required for the construction and operation of the Pilot BRT will not affect any permanent structures in the proposed safety zone on the Mallam-Winneba Road. However on the Kwame Nkrumah Avenue the reconstruction of the median strip into a dedicated route will displace the MMT terminal including the sheds. These structures have been measured, referenced and valued. However because the structure belongs to the state, no compensation will be paid on the property (Table 8.1).
Table 8. 1: Permanent Structures Impacted
|Business Structures |
|Table Top |
|Table Top |1.50x2.80m |66 |
|Loss of Land (Urban or Rural) |Various interest and rights – allodial title |Compensation – Capital Market Value of |
| |holder, freeholder, leaseholder, tenant, licensee |Asset |
|Business Losses | |Supplementary Assistance based: |
| | | |
|Loss of business income |Business owner /operator |- average net monthly profit, |
|Loss of business goodwill |Business owner /operator |- monthly rent passing, |
|Loss of rented income |Business employees/attendants |- equivalent of rent advance to be refunded|
|Loss of wage income | | |
| |Trainer/person offering apprenticeship job |- monthly wages earned, |
|Loss of fees from trainees/apprentices |training |- training fees to be refunded |
| | |Calculated for specific period taking into |
| | |consideration reinstatement period. |
|Loss of business, Residential or Industrail |Business/commercial/Industrial tenant |Supplementary Assistance Based: |
|Accommodation or Room |Owner of building during the reinstatement period |comparable open market rent for alternative|
| | |accommodation based on specific period |
| | |(reinstatement period); and |
| | |transportation rates for the transfer of |
| | |chattels or movable properties |
|Loss of location for temporary structure – |Owner of temporary structure |Supplementary Assistance based on:- |
|expense for moving structure |Squatters |transportation rates for transfer of |
| | |structure |
|Loss of training or apprenticeship |Apprenticeship/Trainees |Comparable fees for alternative training |
|Loss of Public Utilities |Institution/Operator Responsible |Open Market value for of Asset |
|Permanent Structures |N/A (State Property) |N/A (State Property) |
10.0 PUBLIC AND STAKEHOLDER CONSULTATIONS
Stakeholder consultation and disclosure are key elements of engagement and essential for delivery of this project. Consultation is understood to be an inclusive process, aimed at providing stakeholders with opportunities to express their views, so that these can be taken into consideration and incorporated into the decision making process. Effective consultation requires the prior disclosure of relevant and adequate project information to enable stakeholders to understand the risks, impacts and opportunities of the Project.
The DUR and the Metro Assemblies have from time to time educated the public as to the need to preserve the ROW for all road corridors in the metropolitan areas and the consequences of encroaching/locating structures in the ROW.
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10.1 Consultation Process
The consultation process was carried out in three parts for the preparation of EIA and the RAP. Consultations with individual PAPs as part of structured baseline data collections in the project corridors, Focus Group Discussions held with stakeholders including executives of Road Transport Unions in the project corridors and Executives of Traders on the corridors, Public Hearings in the project corridors in March, April and May 2008 and updated in May 2009.
10.2 Consultations with Individual Project Affected Persons
PAPs in this document refer to persons that have lost structures, business units (including their workers, land and structures, and squatters who have been identified to be adversely affected by the reconstruction of the Pilot BRT route.
During the socio-economic survey of PAPs in the project zone in the Mallam to Kaneshie Corridor and in the Kwame Nkrumah Avenue in March, April and May 2008 and updated in May 2009, consultations were held with individual PAPs in the project zones.
The objectives of the consultations were:
← To inform them that they were located in the safety zone and will be impacted negatively by the road reconstruction works and operation of the service;
← To inform them about the valuation process which include their rights, criteria for compensation and grievance redress procedures; and
← To carry out an inventory of the property to be affected and make a cost estimate.
Each individual PAP along the project corridor was consulted, briefed about the impact on his/her property; informed about his/her compensation package and given documented recognition of his/her property through the registration of his/her asset(s) by the Valuers and Sociologist. Two forms were administered to that effect: one for property inventory and the other for social/ownership aspects (Title, Mode of Acquisition, Tenure, etc). The result of the consultations confirmed that PAPs were positive with the project.
Consultations were held with the authorities of the Kaneshie Market Company who stated that they did not have any of their customers on the road side walks.
10.3 Focus Group Discussions
Focus Group discussions were held along the project corridors (Kaneshie Market Area- Traders and Commercial Transport Owners and Kwame Nkrumah Avenue – Traders, and cargo service providers) in conjunction with the preparation of the RAP in March, April and May 2008 and updated in May 2009. These discussions were held in these corridors with executive members of Traders Associations, and Road Transport Local Unions.
The objective of these Focus Group Discussions was to:
← To inform these stakeholders about the Pilot BRT Service, the need for dedicated route, route reconstruction and its potential impacts on stakeholders/PAPs;
← Brief them on the valuation and compensation procedures and provide opportunities to stakeholders to discuss their concern;
← To inform the PAPs about their rights and entitlements in line with 2006 Resettlement Policy Framework (RPF) of the Ministry of Roads and Highways (MRH) and the World Bank OP 4.12;
← To maximise the involvement of PAPs and civil society in all stages of the implementation of the RAP;
← To solicit the views and comments of the respective stakeholders for inclusion in the RAP;
← To manage expectations and misconceptions regarding the projects; and
← To inform the process of developing appropriate mitigation and monitoring measures.
The outcome of the consultations with the various stakeholders and beneficiaries of the Accra BRT Pilot Route is summarised as follows:
10.3.1 Appreciations about the Project
← Reduced average walk time to bus stops;
← Reduced traffic congestion in that corridor which is notorious for traffic congestion at peak periods;
← Increased capacity and strength of the road;
← Provision of modern bus shelters and terminal facilities;
← Reduced cost of transportation of goods and services;
← Increase in overall travel speeds;
← Improved transportation services in the metropolis due to the provision of large capacity buses, scheduled operations and the introduction of the feeder network concept;
← Improved access to the city centre and social services in the corridor as result of the development of a dedicated bus lane;
← Reduced vehicle operating cost and expenditure on transport through the shift from small private vehicles to a more efficient public transport system as well as a reduction in traffic congestion;
← Increased job opportunities;
← Enhanced socio-economic development of the project corridors; and
← Improved urban landscape through the construction of modern transport terminals and bus stops facilities.
As much as stakeholders appreciate and welcome the Pilot BRT service, some of the stakeholders and beneficiaries of the project were concerned about the timeliness and adequacy of their compensation packages.
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10.3.2 Concerns about the Project
← Clarification of compensation issues and when the implementation of the project will commence;
← Prompt payment of adequate compensation for displacement of business from the safety zones;
← Transport operators at both Kaneshie area and Kwame Nkrumah Avenue were concerned about their relocation options;
← Increased road congestion and disruption of traffic during road reconstruction stage;
← Disruption of access to business;
← Disruption to utilities in the project zones;
The full list of PAPs interviewed is attached as Appendix B while list of project affected properties (Measured Drawings) are attached as Appendix C. Field questionnaires administered are attached as Appendix D.
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10.4 Public Restitution Meetings
The process involves the holding of general public meetings with relevant stakeholders where the Pilot BRT concept and designs are introduced to the public including the stakeholders. During the public restitution meetings the cross sections of the redesigned pilot road carriageways including the dedicated BRT route in the median bus stops, bus terminals, zebra crossings, as well as environmental and social issues and implications will be explained to the gathering. Two of such public gatherings were held at Kasoa and in Accra in January 2009 where the relevant stakeholders were invited to participate.
Representatives of DUR will in future inform the stakeholders about further activities that need to be carried out to enable the prompt payment of supplemental assistance. Issues about the various conditions under which one will be eligible for consideration for supplemental assistance will be outlined. In the meeting/gathering attention will be drawn to mistakes relating to non-identification of some affected structures and steps to be taken to incorporate genuine ones in the list of PAPs.
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10.5 Technical Coordination, Consultations among Stakeholders
The BRT Technical Steering Committee is for conveying project design proposals to various stakeholder institutions listed below. The views and inputs of the Technical Committee that meets to discuss the project and reports of the project consultant were solicited through their periodic meetings among:
← Ministry of Roads and Highways
← Department of Urban Roads
← Ghana Highway Authority
← Environmental Protection Agency
← Town and Country Planning Department
← Motor Traffic and Transport Unit, Ghana Police Force
← Ghana Road Transport Coordinating Council
← Accra Metropolitan Assembly
← Ga West District Assembly
← Land Valuation Board
← Lands Commission.
A review of the minutes of the Technical Committee meetings provided useful insights into the various concerns raised by the institutional stakeholders. These include:
← Integration of land use, transport planning and pedestrian safety in the design;
← Encroachment of traders;
← Need to incorporate the concerns of disabled persons into the design;
← Need for critical assessment of major traffic attractors to the CBD area which will affect traffic demand modelling;
← Integration of BRT requirements and junction designs into the design of the intersecting major road N1; and
← The need to intensify public education on the project.
As part of the project planning and design, the Ghana Railway Company Ltd gave approval for height and lateral clearances provided for railway lines under the proposed flyover bridge. Other institutions that were contacted are:
← Town and Country Planning Department of AMA: on the layout of the BRT route; and
← ECG, GWCL, GT (now Vodafone): on relocating utility lines and the costs.
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10.6 The Current Situation
Public Restitution Meetings were held in Accra and Kasoa in January 9-11, 2008. During the public restitution meetings the cross sections of the redesigned pilot road carriageways including the dedicated BRT route in the median bus stops, bus terminals, zebra crossings, as well as environmental and social issues and implications were explained to the gathering. There was presentation of the project design at the forum which helped to solicit comments and inputs into the design.
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10.7 Future Consultations
These will be held prior to the payment of compensations to the individual PAPs. They will be notified about compensations due them and where to collect the compensation. They will also be notified of the start date of civil works and when encroachers on public spaces have to vacate those spaces.
11.0 GRIEVANCE PROCEDURE
The likelihood of dispute is much reduced because the PAPs concerned by the clearance of the safety corridor have been well consulted and have agreed to accept compensations in the form of supplementary assistance and move out of the safety corridor to acceptable locations within the city. Similarly for those that have encroached upon public open space, they have also given assurance to pull back the display of their wares from the safety zones.
Finally, for those affected by the temporary land take for temporary road diversion at the construction stage, they have indicated to accept compensations for the temporary loss of land and reconstruction of a new fence wall following the construction of the overpass bridge.
Each individual PAP has the right to refuse the compensation proposed and take his/her case to court of justice if he or she finds the compensation to be inadequate and unfair under the replacement cost. However in the event of disagreement, the affected party may first seek recourse through DUR which has set up a Grievance Committee under PMU for that purpose. The Grievance Committee comprises of representatives from the Environmental Unit which is the Project Management Unit of DUR, The Project Advisory Office, Planning and Development Sections of DUR, the Legal Officer from DUR, The Valuer from LVB and the representative of the PAPs. The main task of this Committee is to settle amicably compensation issues.
Each individual PAP has the right to refuse the compensation proposed and take the case to the Lands Court at the 28th February Road, Accra, if he/she finds the compensation to be inadequate and unfair under the replacement cost. However in the event of disagreement, the affected party may first seek recourse through DUR which has set up a Grievance Committee under PMU for that purpose. The members of the committee are listed in table 11.1 below. The main task of this Committee is to settle amicably compensation issues.
Table 11.1 Membership of Grievance Redress Committee
|Name |Designation |Office Address |Telephone Contact |
|Eric Amoako |Environmental Officer DUR |DUR Head Office Accra |0244965949 |
|James Amoo Gottfried |Planning and Development DUR |DUR Head Office Accra |0205110629/ |
| | | |0244822813 |
|Ms Amma Aikins |Regional Valuer LVB |Regional LVB, Accra |0208162791 |
|Ms Jossephine Manu |Legal Officer MRH |MRH, Accra |0209027379 |
|Dr Appiah |PAP |Accra |0266105008 |
|Cynthia Kae |PAP |Kaneshie-Accra |0277058374 |
If the conciliation does not resolve the matter, the affected person may seek redress through the judicial system Lands Court on the 28th February Road, Accra which will have jurisdiction in this case.
12.0 INSTITUTIONAL RESPONSIBILITIES
The DUR has ultimate responsibility for clearing and certifying the safety corridor prior to the commencement of civil works in the project zone. DUR has an implementation unit known as the Project Management Unit that has the ultimate responsibility for the implementation of this RAP. Though various government agencies have a role to play to ensure the successful implementation of this RAP, the institutions that are responsible for ensuring the implementation of this RAP under DUR’s PMU are the Project Advisory Office, Environmental Unit, Planning and Development Unit, the Account section and LVB all working together as a Unit.
DUR will work through the Consultants and the Contractor to implement the clearance programme. The Consultants will inform the project affected persons of the date to begin clearance of the safety corridor. The Contractor and Consultants will work with DUR officials to organise the movement of temporary structures from the safety zones. Figure 12.1 below shows the organizational structure for implementation of the RAP.
|DEPARTMENT OF URBAN ROADS |
|PROJECT MANAGEMENT UNIT |
|PROJECT ADVISORY OFFICE |
|ENVIRONMENTAL UNIT |
|PLANNING AND DEVELOPMENT UNIT |
|ACCOUNT SECTION |
|LAND VALUATION BOARD |
|ENVIRONMENTAL PROTECTION AGENCY |
|ACCRA METROPOLITAN ASSEMBLY |
|GA WEST MUNICIPAL ASSEMBLY |
|ACCRA MAYOR |
|GA WEST MUNICAL CHIEF EXECUTIVE |
|REPRESENTATIVES OF PAPS |
|CONTRACTOR, CONSULTANTS |
|PROJECT AFFECTED PERSONS |
Figure 12.1: Organizational Structure for RAP Implementation
13.0 MONITORING AND EVALUATION
In line with the World Bank’s OP 4.12 and the MRH’s 2006 RPF, implementation of this RAP will be monitored regularly by DUR’s PMU to ensure those actions have proceeded in accordance with the provisions of RAP. Internal monitoring will be carried out by the DUR under supervision of MRH, LVB, EPA to ensure that the DUR’s PMU follows the schedule and abides by the principles of this RAP. The purpose of this internal monitoring is to maintain responsibilities of the resettlement implementation institution i.e. DUR.
The Policy Planning and Monitoring & Evaluation Directorates of the MRH will co-ordinate the activities of the monitoring agency.
Table 13. 1: Monitoring Roles
|Actors |Role |
| |Lead agency and coordinating institution for both internal and external monitoring of the |
|Policy Planning and M & E Directorates of MRH|implementation of this ARAP. Regular monitoring of the Plan implementation and its impact. |
| | |
|Land Valuation Board |Regular monitoring to ensure that the approved assessed compensation are paid |
|Environmental Protection Agency |Periodic monitoring of the Plan implementation and its impact. |
|External Consultant(s) | |
| |Periodic monitoring, evaluation and auditing of implementation of RAP |
14.0 ESTIMATED COST OF RAP
The budget of this RAP includes supplementary assistance for affected temporary structures.
The overall cost of implementation of this RAP is GH¢ 315,051 (US$214,320) and includes cost for administration, monitoring and evaluation. The implementation cost of this RAP will be financed by GoG. The budget which is confirmed by DUR is presented in table 14.1 below.
Table 14. 1: Budgets Estimate of Compensation and Resettlement
|Number |Items |No of Business |Amount (GH¢) |
| | |Activities | |
|1 |Supplemental Assistance - Fully Impacted Temporary |886 |200,805.00 |
| |Structures in Mallam – Kaneshie Corridor | | |
|2 |Supplemental Assistance - Fully Impacted Temporary |190 |46,705.00 |
| |Structures in Kwame Nkrumah Avenue Corridor | | |
|3 |Public Meeting and Disclosure | |1,200.00 |
|4 |Training for Resettlement Staff | |500.00 |
|5 |Monitoring of RAP by DUR, (5 visits by PMU) | |1,200.00 |
|6 |Grievance redress and Dispute Resolutions | |1,000.00 |
|7 |Evaluation and Audit by Independent Consultant | |35,000.00 |
|8 |Sub-total | |286,410.00 |
|9 |Contingencies/provisional cost(10% of subtotal cost) | |28,641.00 |
|10 |Grand Total | |315,051.00 |
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14.1 Funding
The constitution of Ghana states that, people affected by compulsory acquisition of their property should be adequately compensated. This forms the basis for the commitment of the GoG towards compensation of PAPs along the Pilot BRT route. The cost of implementation of this RAP will be financed by GoG. The DUR Project Implementing Unit has the responsibility to request for the amounts required for the compensation in its annual budget. Once approved, DUR will apply to the Ministry of Finance and Economic Planning for funds towards the assessed cost of compensation. The funds are to be released through the Accountant General’s office to DUR’s account at the Bank of Ghana.
15.0 DISCLOSURE
Stakeholder consultation and disclosure are key elements of engagement and essential for delivery of this project. Consultation is understood to be an inclusive process, aimed at providing stakeholders with opportunities to express their views, so that these can be considered, taken into consideration, and incorporated into the decision making process. Effective consultation requires the prior disclosure of relevant and adequate project information to enable stakeholders to understand the risks, impacts and opportunities of the project.
This RAP will be disclosed in Ghana by DUR which will make copies available at its head office and at its website and copies distributed to the PAPs, the press and the sub-metro office overseeing this zone. DUR will also allow to the World Bank to disclose this Resettlement Action Plan electronically through its InfoShop.
APPENDICES
APPENDIX A: Involuntary Resettlement – OP 4.12
These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject.
Note: OP and BP 4.12 together replace OD 4.30, Involuntary Resettlement. This OP and BP apply to all projects for which a Project Concept Review takes place on or after January 1, 2002. Questions may be addressed to the Director, Social Development Department (SDV).
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APPENDIX B: List of Affected Persons and Structures
1 Accra – UTC
Note: the cargo station is excluded from the total number of traders enumerated in the median
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2 Kaneshie Market
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APPENDIX C: Project Affected Properties
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APPENDIX D: Sample Questionnaires
ACCRA PILOT BRT PROJECT
QUESTIONNAIRE FOR SHOP OWNERS
Name of Respondent………………………………………………………………………….
Name of Enumerator……………………………………………………………………………
Locality……………………………………………………………………………………………..
Shop Number………………………………………………………………………………………
Route………………………………………………………………………………………………..
Date………………………………………………………………………………………………….
PERSONAL PROFILE
1. Sex of trader 1. M [ ] 2. F [ ]
2. Age of Respondent………………………………………………………..
3. Place of residence of trader…………………………………………..
4. Educational background
a. None [ ]
b. Primary Level [ ]
c. Middle school/JSS [ ]
d. Vocational/Commercial [ ]
e. Senior Secondary School [ ]
f. Others (Specify)………………………….[ ]
BUSINESS ACTIVITY
5. Type of shop
a. Accra Market Company Lockable shop
b. Private Lockable Shop
c. Others(specify)……………………………………………………………………………………………………………….
6. Number of months/years in this business……………………………………………………………………………………
7. What is your status in this business? a. Part Time [ ] b. Full Time [ ]
8. If trading is your part time activity, what other activity are you engaged in
a. …………………………………………………………………………
b. …………………………………………………………………………
9. How many days in a week do you operate this business……………………………………..days.
10. Type of commodity traded
a. Fish (Smoked/Fresh) [ ]
b. Fruits/Vegetables [ ]
c. Meat [ ]
d. Foodstuffs [ ]
e. Consumer durables [ ]
f. Second Hand Clothing [ ]
g. Textiles [ ]
h. Others (Specify)………………………………[ ]
11. What is your status in this business?
a. Owned [ ] b. Commission bases [ ] c. Others (Specify)…………………
12. What is your average monthly income……………………………………………………………………………
BUSINESS LOCATION
13. Where were you located before?.........................................................................................
14. Why did you move to this location?.....................................................................................
15. How long have you been operating from this place…………………………………………………………..
16. Who allocated this space to you? …………………………………………………………………
17. Do you pay any rent for this space? a. Yes [ ] b. No [ ]
18. If yes how much?...............................................................................................
19. Do you pay any form of tax/toll a. Yes [ ] b. No [ ]
20. If yes to question 16, how much do you pay?
a. Daily Toll/Ticket……………………………………………………………………………………..
b. Tax…………………………………………………………………………………………………………..
21. Are you a member of any association a. Yes [ ] b. No [ ]
22. Please provide name of the association…………………………………………………………………..
23. Where is the source of your products?
a Yes b No
a. From the community [ ] [ ]
b. From Accra [ ] [ ]
c. Outside Accra [ ] [ ]
d. Other part of Ghana [ ] [ ]
e. Others (specify)……………………………………………………………………………………………..
24. Who are your major customers
a Yes b No
a. Passengers [ ] [ ]
b. Drivers [ ] [ ]
c. Community [ ] [ ]
d. Pedestrains [ ] [ ]
e. Others (Specify)…………………………………………………………………………………………………
25. Do you face problems at your current spot of trading? a. Yes { } b. No [ ]
26. If yes to question 22, what are some of the problems that you face while trading at this spot?..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
27. Have you provided space to any person trading on the pavement in front of your shop?
a. Yes [ ] b. No [ ]
28. If yes how much do you charge the person every month?.........................................................................................................................................................................................................................................................................................................
29. Have you extended the display of your products to the curb?
a. Yes [ ] b. No [ ]
30. What are the reasons for the display of your products on the curb used by pedestrians…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
31. Are you aware that during the construction and the operational phase of the BRT service, you will be required to move all your products from the curb?
a. Yes [ ] b. No [ ]
32. How will you display your products?....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
IMPACT OF PILOT BRT
33. What long term negative impacts do you think the Pilot BRT project will have on your business?.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
34. What short term negative impacts do you think the Pilot BRT project will have on your business?......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
35. What long term positive impacts do you think the Pilot BRT project will have on your business?............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
36. Which location will you move your business to and why? (Applies to only those occupying extensions to Kaneshie Market Building).......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
37. What can be done to mitigate the negative impact?...................................................................................................................................................................................................................................................................................................................................................................................................................................................................
38. Are you willing to pay for a permanent spot to trade. a. Yes [ ] b. No [ ]
If yes to question 27, how much are you willing to pay for a site per month?..........................................................................................................................................................................................................................................................................................
Census of Traders/Shop Owners
1 Sample of Form
Locality…………………………………………………………………
Road Name……………………………………………………………
Enumerator……………………………………………………………
Date……………………………………………………………………
No. |Name |Address/Tel |Type of Structure |Items Sold |Regist. Number |Nos. of employees |Daily Sales |Payment of Tax |Comments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
-----------------------
RP513 V2
BRT systems, with articulated bus ways, a restricted number of stations, less dwell time, and efficient route structures, are cost-effective modes of public transport that improve scale economies and limit GHG emissions. Long-term investments in BRT yield efficiency gains from improved safety, lower congestion, and full capacity utilization of the public transport system.
Source: Promoting Global Environmental Priorities in the Urban Transport Sector. Experience from World Bank Group – Global Environmental Facility Projects, 2006.
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