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GOVERNMENT OF THE REPUBLIC OF GHANA
MINISTRY OF LOCAL GOVERNMENT AND RURAL
DEVELOPMENT URBAN ENVIRONMENTAL SANITATION
PROJECT PHASE II
TEMA METROPOLITAN ASSEMBLY
SANITATION LANDFILL FACILITY PROJECT
RESETTLEMENT ACTION PLAN
DECEMBER 2009
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................... 7
CHAPTER ONE: INTRODUCTION AND BACKGROUND ................................... 10
Principles and Objectives of the Resettlement Action Plan (RAP) ........................................... 10 The Scope of the Resettlement Action Plan (RAP) ................................................................... 11 Methodology .............................................................................................................................. 11
Displaced Persons (DP) ............................................................................................................. 12
CHAPTER TWO: LEGAL FRAMEWORK ................................................................ 13
Interest in Land .......................................................................................................................... 13
Allodial Title.............................................................................................................................. 14
Customary Freehold .................................................................................................................. 14 Customary Tenancies ................................................................................................................ 14
The Common Law Freehold ...................................................................................................... 15 The Leasehold ............................................................................................................................ 15
Ghana Laws on Compulsory Acquisition .................................................................................. 15 Constitution of the Republic Of Ghana ..................................................................................... 15 The State Lands Act 1962 (Act 125 as Amended) .................................................................... 16
Administration of Lands Act 1962 Act 123 .............................................................................. 16 Lands Statutory Wayleaves Act 1963 Act186 ........................................................................... 17
The Ghana Land Policy 1999 .................................................................................................... 17 World Bank Policy on Involuntary Resettlement (OP 4.12) ..................................................... 18
Comparison of Ghanaian Law and the World Bank OP 4.12 ................................................... 18
CHAPTER THREE: SOCIO-ECONOMIC PROFILE OF THE AFFECTED
PEOPLE 21
Age distribution ......................................................................................................................... 22 Income Levels ............................................................................................................................ 23
Profile of Affected Persons........................................................................................................ 24 Gender Ratio .............................................................................................................................. 24
Ethnicity..................................................................................................................................... 25 Marital status and family characteristics ................................................................................... 25 Average number of children of Kpone quarry workers ............................................................. 26
Income levels/sources ................................................................................................................ 26 Religious affiliation ................................................................................................................... 27
Educational Status of Workers at the Quarry ............................................................................ 27 Public Health ............................................................................................................................. 28
Project awareness/concerns ....................................................................................................... 28
CHAPTER FOUR: KEY SOCIAL IMPACTS AND ................................................... 29
MITIGATION MEASURES ........................................................................................... 29 Loss of Employment/Income ............................................................................................................................... 29
Eligibility Criteria & Estimated Population Displacement ....................................................... 30
Alternatives: Relocation to other natural gravel borrowing grounds ........................................ 31
3
Compensation for Loss of Income or Livelihood ................................................................................................ 32 Valuation of and Compensation for Losses ............................................................................... 33 Resettlement and Mitigation Measures ..................................................................................... 34 Entitlement Matrix and Estimates ............................................................................................. 34 Consultation Strategy and Participation .................................................................................... 35
CHAPTER FIVE: INSTITUTIONAL AND FINANCIAL RESPONSIBILITIES ..... 36
CHAPTER SIX: GRIEVANCE REDRESS PROCEDURES ...................................... 37
Types of Grievances .................................................................................................................. 37 Institutional Arrangements for Redressing Grievances ............................................................. 38 Grievance Procedures ................................................................................................................ 38 Institutional Roles and Responsibilities .................................................................................... 39
CHAPTER SEVEN: RAP IMPLEMENTATION ........................................................ 40
RAP Implementation Schedule ................................................................................................. 40 CHAPTER EIGHT: BUDGET & FUNDING ........................................................................ 43
CHAPTER NINE: MONITORING AND EVALUATION .......................................... 44
Monitoring and Evaluation Phase .............................................................................................. 44 Internal Monitoring and Supervision ......................................................................................... 44
External Monitoring and Supervision........................................................................................ 45 Monitoring Indicators ................................................................................................................ 45
ANNEXES ...................................................................................................................... 46
Annex 1 Implementation Schedule ........................................................................................ 46 Annex 2 Site Management plan............................................................................................. 48
Annex 3: Relocation Agreement ............................................................................................ 50
Annex 4 GRIEVANCE FORM ............................................................................................. 53 Annex 5 GRIEVANCE CLOSEOUT FORM ....................................................................... 54 Annex 6 Operating Tools and Equipment ............................................................................. 55
Annex 7 Socio-Economic Survey for Proposed Engineered Landfill – Kpone .................... 57 Annex 8 Records of Consultations ........................................................................................ 60
4
List of Tables
Table 1 Comparison of Ghanaian Laws with World Banks
Policies
Table 2 Average Number of Children of Kpone quarry
workers
Table 3 Educational Level of Respondents
Table 4 Number of Affected People and their monthly
Income Range
Table 5 Estimates and Basics for the calculation of
Compensations for Project Affected Persons
Table 6 Monitoring Indicators
5
List of Figures
Fig 1 Cavities created by miners and not filled.
Fig 2 Age Distribution of sampled workers at the Kpone quarry site.
Fig 3 Workers earn income by carrying gravel in head pans.
Fig 4 Workers carry gravel by head pans.
Fig 5 Ethnic Distribution of worker.
Fig 6 Religions Affiliation.
Fig 7 Women and Men break stones down to smaller size.
Fig 8 Food vendors at site.
Fig 9 Blacksmith Shop for repair of digging tools.
6
LIST OF ACRONYMS
DP Displaced Persons
EPA Environmental Protection Agency
GFZB Ghana Free Zones Board
KSQA Kpone Stone Quarry Association
PAD Project Appraisal Document
PAP Project Affected Person
PCU Project Coordinating Unit
RAP Resettlement Action Plan
RPF Resettlement Policy Framework
SLF Sanitary Landfill Facility
TDC Tema Development Corporation
TMA Tema Metropolitan Assembly
UESP II Second Urban Environmental and Sanitation Project
7
EXECUTIVE SUMMARY
1. The Tema Sanitary Landfill Facility (SLF) is to be constructed as part of the Urban
Environmental Sanitation Project, phase two (UESPII) to provide a disposal site for the solid
waste generated within and around the Tema Municipal area. The site earmarked for the 18-
hectare facility to be located at Kpone has for years been occupied by about five hundred men
and women who mine stones from the site for their economic livelihood. These people and their
livelihood will be adversely affected by the construction of the landfill facility.
2. In order to address this situation in a manner compliant with both Ghanaian law and
World Bank policy on Involuntary Resettlement, a Resettlement Action Plan (RAP) has been
developed as required by the Resettlement Policy Framework (RPF) for the UESPII.
3. The objective of this RAP is to ensure that people who will be displaced as a result of
project activities are assisted in their efforts to improve their livelihoods and standards of living
in real terms or at least to restore them to pre-displacement levels or to levels prevailing prior to
the beginning of the project implementation, whichever is higher.
The specific objectives of the RAP are:
i. To assess all social and economic impacts and risks likely to be associated with the
project;
ii. To develop appropriate corresponding measures to avoid, minimize or mitigate the
risks and impacts; and
iii. To develop an implementation and monitoring plan for the activities related to
resettlement due to involuntary resettlement.
4. The methodology followed to gather data for the RAP combined desk review of project
documents, sample surveys and extensive consultations with Project Affected Persons (PAPs)
and other relevant stakeholders.
5. The RAP includes data on PAPs, a description of the compensations and livelihood
restoration measures to be implemented and procedures for ensuring affected persons receive
their entitlements. It also describes the consultation strategy adopted to engage with the affected
people and the institutional framework for implementing the resettlement and livelihood
restoration activities. The RAP also clarifies a grievance redress mechanism, a monitoring and
evaluation framework with a work plan for the overall implementation. It also has a site
management plan for the relocation exercise.
6. The section on legal framework analyses various interests in land and Ghanaian laws
governing the acquisition of land and compares this with the World Bank‟s policy OP 4.12 on
Involuntary Resettlement. Ghanaian laws and the Bank‟s Policy emphasize the need to pay
compensation for losses associated with compulsory acquisition of private property for public
good and to ensure livelihood restoration measures are implemented so that PAPs are not
impoverished.
8
7. The RAP also details the socio-economic profile of affected people presents data and a
the cut-off-date. A total of 493 stone crackers were listed with 394 of them organized into an
association – the Kpone Stone Quarry Association (KSQA). They are engaged in various aspects
of the stone cracking chain including carrying rocks from pits, breaking large stones into smaller
ones and sale of chippings to customers. 58% of the workers are men with 42% being women.
8. The key social impact identified is a loss of employment and incomes which would be
experienced by the stone crackers if unmitigated. The SLF site has adequate buffer gap required
by the Environmental Protection Agency (EPA) between a landfill and residential premises.
9. Eligibility criteria for entitlement adopted is based on the three criteria proposed in the
World Bank Policy on Involuntary Resettlement as follows:
(a) Those who have formal legal rights to land (including customary and traditional rights
recognized under the laws of Ghana);
(b) Those who do not have formal legal rights to land from the beginning of the census but have
a claim to such land or assets, provided that such claims can be substantiated under the existing
laws of Ghana or become recognized through a process identified in the resettlement plan, and
(c) Those who have no recognizable legal right or claim to the land they are occupying.
The Cut-off Date for this project is the date of notification to the leadership of those to be
displaced of the likelihood of their displacement from the site. This date is 15th
August 2005.
Those persons who are considered occupants of the proposed project site as at this date will be
deemed eligible under category c above. Persons who encroached on the site after the cut-off
date are not entitled to compensation or any other form of resettlement assistance.
10. Three options for resettlement were discussed with PAPs: These are (i) relocation to
other natural gravel borrowing grounds, (ii) payment of cash allowance for loss of income or
livelihood and (iii) relocation to the site for phase two. The third option was adopted as the most
acceptable in addition to payment of some disturbance allowance.
11. Compensations will be paid by the Government of Ghana. The total amount is GH¢
212,207.42. The assumptions and basis underlying the estimates have been presented below in
table ES 1
9
Table ES 1: Estimates and Basis for the Calculation of Compensations for Project-Affected
Persons
Type of
Activity
Monthly
Income
Level
GH¢
Average
income
level
GH¢
Minimum Wage
(GH¢2.655/daily)
Average of
Income
Level and
Minimum
Wage
Number
of
People
Totals GH¢
Rock
Crashers
(Masters)
400-1100 750 53.1 401.55 499
200,373.5
Blacksmiths 150-200 175 53.1 114.05 5 570.25
Food
Vendors
120-160 140 53.1 96.55 12
1,158.6
Total 1,065 159.3 612.15 516 202,102.3
Contingency
(5%)
10,105.12
Grand Total 212,207.42
US Dollar
Equivalent
146,349.94
Exchange rate: GH¢ 1.45
12 The RAP includes a section on institutional responsibility, which commits TMA as the
implementer with the PCU monitoring the process and reporting to the World Bank and the
Government of Ghana.
13. Grievance redress procedures have been detailed with the objective of addressing and
resolving grievances or complaints from affected persons promptly, fairly, and in a manner that
is, to the extent possible, acceptable to all parties. More details of the guidelines to be applied
have been included in the main document.
14. Monitoring arrangements for the RAP clarifies the responsibilities for both the internal
and external monitoring. The internal monitoring will be undertaken by TMA with the day-to-
day field supervision by the TMA project office. The PCU will ensure on-going external
monitoring and supervision. This arrangement will ensure effective facilitation of the
resettlement of affected persons by the PCU and TMA.
15. An implementation schedule has been designed and discussed with the PAPs and other
stakeholders. RAP implementation activities begun with a public forum on the 25th
November
2009. The process will be concluded with the relocation of the PAPs to the new site with an on-
going monitoring over a period of time. The processes and implementation will be reported on in
an implementation completion report by the TMA.
10
CHAPTER ONE: INTRODUCTION AND BACKGROUND
1. The Ghana Free Zones Board (GFZB) and the Tema Metropolitan Assembly (TMA)
were to construct an 18-hectare Sanitary Landfill facility (SLF) at Kpone. The proposed project
is expected to serve as a waste receptacle for the stream of solid wastes expected from the Free
Zones enclave and the Tema Metropolitanity.
2. Solid wastes generated from Tema and neighboring suburbs are disposed of at a 10-
hectare Solid Waste dump also at Kpone. This site has been operated for the past fifteen (15)
years and is in a deplorable state. Aspects of mismanagement of the site over these years have
warranted a closure of the site to solid waste dumping. However, immediate seizure of dumping
at the site would have dire consequences on the already worsening sanitation situation in the
metropolis, as it lacks suitable long-term disposal sites or solid waste management facilities. To
this end, the TMA intends to rehabilitate the existing solid waste disposal site to extend its
lifespan for about twelve (12) years after which the facility will be completely shut down. The
proposed site for the new facility is a quarry pit where individual stone crackers carry out their
activities. These activities have resulted in deep excavations. The stone crackers and other
workers at the site would have to be displaced for a successful implementation of the project.
This means loss of their livelihood, with other social impacts which must be addressed as per
World Bank involuntary policy, OP4.12.
3. In compliance with the World Bank safeguards policy on involuntary resettlement,
OP4.12, and Ghanaian law, a resettlement action plan guided by the Resettlement Policy
Framework (RPF) has been developed to guide the implementation of resettlement to the
displaced or affected people. As part of the initial designed roles and responsibilities, the GTZB
was to initiate and manage all studies required for the implementation to take place, whilst the
Urban Environmental and Sanitation Project II (UESPII) was to be responsible primarily for the
project implementation but relying on documentation prepared under the technical guidance of
the GTZB. This arrangement has been revised following changes to roles and responsibilities in
the project implementation. The initial responsibility assigned to the Ghana Trade and Free
Zones Board (GTZB) regarding the preparation of documents like safeguards documents has
been transferred to the UESP II since the GTZB is no longer a partner in this project. This report
represents details of the resettlement action plan (RAP) and procedures and timeline for its
implementation, monitoring and evaluation.
Principles and Objectives of the Resettlement Action Plan (RAP)
4. The objective of this RAP is to ensure that people who may be displaced as a result of
this project are assisted in their efforts to improve their livelihoods and standards of living or at
least to restore them, in real terms to pre-displacement levels or to levels prevailing prior to the
beginning of the project implementation, whichever is higher.
The specific objectives of the RAP are:
i. to assess all social and economic impacts and risks likely to be associated with the
project;
11
ii. to develop appropriate corresponding measures to avoid, minimize or mitigate the
risks and impacts; and
iii. to develop an implementation and monitoring plan for the activities related to
resettlement due to involuntary resettlement.
The Scope of the Resettlement Action Plan (RAP)
5. The RAP has been prepared in accordance with (i) the UESP II Resettlement Policy
Framework which was disclosed in December 2003; (ii) the World Bank safeguard policy
OP4.12 and (iii) the laws of the Republic of Ghana. It is based on the principles that “the
involuntary taking of land for the implementation of the project resulting in the displacement of
persons should be avoided where feasible, or minimized, after exploring all viable alternative
project designs including consideration of environmental assessment policies, natural habitats
and the need to safeguard cultural property and the identity of indigenous peoples under the
Environmental Protection Agency (EPA) laws and regulations and any other laws relating to the
social displacement and settlement of persons or groups of persons”.
6. This Resettlement Action Plan (RAP) includes:
i. data on project affected persons (PAPs)
ii. description of the compensations and livelihood restoration measures to be implemented
iii. procedures for ensuring affected persons receive their entitlements
iv. consultation strategy adopted to engage with the affected people
v. institutional framework for implementing the resettlement and livelihood restoration
activities.
vi. grievance redress mechanism and a monitoring and evaluation framework with
accompanying work plan for the overall implementation.
Methodology
7. The methodology used for this RAP is in two phases. The first is desk review of project
documents including the Project Appraisal Document (PAD) and the Resettlement Policy
Framework which set the parameters for further work on resettlement for the project. The
second part of the methodology was engaging in consultation activities with the PAPs and other
stakeholders. The procedure for the study involved site visit to the Kpone quarry and direct
interviews with a sample of workers at the site, including the leadership of the Kpone Stone
Quarry Association (KSQA). In addition, statistical surveys were also conducted. The sample
size for this study was out of a population of 500.
This RAP is aimed at ensuring that the displaced persons are:
Informed about their options and rights pertaining to resettlement;
Consulted, offered choices and provided with technically and economically feasible
resettlement alternatives; and
Provided compensation at full replacement cost for loss of assets attributable directly to
the project, where applicable.
12
Displaced Persons (DP)
8. Resettlement of displaced persons refers to all the measures necessary and taken by the
project to mitigate the adverse social impacts of the project on the displaced persons. The
Bank‟s policy advocates that where feasible, involuntary resettlement should be avoided or
minimized. Where it is not feasible to avoid resettlement, resettlement activities should be
conceived and executed as sustainable development programs, providing sufficient investment
resources to enable the persons displaced by the project to share in project benefits. Displaced
persons will have to be meaningfully consulted and should have opportunities to participate in
planning and implementation of any resettlement measures.
The RAP ensures that displaced persons are:
provided assistance, such as moving allowances as appropriate during relocation;
offered support after displacement, for a transition period, based on a reasonable estimate
of the time likely to be needed to restore their livelihood and standards of living;
provided with development assistance such as land preparation, credit facilities, training,
or job opportunities, in addition to compensation measures described above.
meaningfully consulted and should have opportunity to participate in the planning and
execution of the resettlement.
compensated for their losses at full replacement cost prior to civil works, and
assisted in their effort to improve their former living standards, income earning
capacity and production levels or at least to restore them.
9. In this RAP, compensation is considered to include a valuation of the financial, material
or social loss most likely to be suffered by each displaced person as a result of the project
thereby entitling him or her to an equivalent entitlement. In the valuation of assets lost, full
replacement cost at current market values is to be applied, without any deduction for
depreciation where applicable.
13
CHAPTER TWO: LEGAL FRAMEWORK
10. Ghanaian Law provides that involuntary acquisition of private property must be done in
accordance with laid down statutory procedures. In the area of land administration one of the
critical policies of the government of Ghana is that fair and adequate compensation is paid or in
the alternative, resettlement assistance is provided for eligible people who for the sake of
national interest have to surrender their interest in land or landed properties to the state for
development.
11. The development of the proposed Tema Landfill Project involves the taking of land
and interests and titles to particular pieces of land. The RPF prepared in 2003 did not adequately
address the legal framework. Therefore a more comprehensive analysis of the legal framework
for the project has been done in this RAP and this has considered the various land holding
arrangements in the assessment of compensation for the various interests for lands to be taken.
Some of these interests in land originate from Ghanaian customary law and tradition; and some
are derived from English common law which have been assimilated into Ghanaian law.
The acquisition, occupation and use of land in Ghana is governed by various laws, both
customary and statutory, and as amended over the years. Principal amongst these are the
following:
(i) The Constitution of the Republic of Ghana, 1992
(ii) Lands Development (Protection of Purchasers) Act 1960, Act 2
(iii) The Farm Lands (Protection ) Act 1962, Act 107
(iv) Administration of Lands Act, 1962, Act 123
(v) Conveyancing Decree, 1973, NRCD 175
(vi) Local Government Act, 1993, Act 462
(vii) State Proceedings Act, 1998, Act 555
12. These laws grant power to the President of the Republic and the district assemblies to
acquire land for purposes deemed to be in the interest of the people, subject to laid down
procedures and necessary compensation. In the acquisition of lands for the project which will
result in the involuntary resettlement, these laws amongst others will have to be reviewed to
ensure that:
(i) The Tema Metropolitan Assembly has complied with the necessary land laws
with regards to ownership and acquisition of the land.
(ii) All legal and equitable interests have indeed been transferred the TMA for the
development of the project and that there are no other interest in the properties.
Interest in Land
13. Five main interests assessed are:
Allodial Title
Customary Freehold
14
Customary Tenancies
The Common Law Freehold
The Freehold
Allodial Title
14. In the Ghanaian context, this is the highest interest capable of being held in land. The
Allodial title is customarily communally owned and is generally held or vested in stools or
skins. In some traditional areas, it is held by clans, families or individuals. Being generally in the
form of communal interest in land, it accrues to the entire community and is administered by the
recognized traditional authority. The owner of the allodial title has complete and absolute
freedom to use and dispose of the land only subject to the restrictions, or limitations or
obligations as may be imposed by the general laws of the country.
Customary Freehold
15. The customary freehold is an interest or title which a member of the larger
community which holds the allodial title acquires in the communal land. It is an interest which
is held as of right by virtue of being a member of the community. It is of indefinite duration and
thus potentially subsists forever. The member who holds such interest has the right of
beneficial occupation; unfettered use (also subject to the laws of the country). Upon death, the
interest devolves on his/her successors in title and infinitum. This interest prevails against
the whole world including the allodial title from which it was derived.
16 The customary freehold may however be terminated by the occurrence of any of
these occasions; failure of successors, compulsory acquisition by the state; sale or gift by
owner, abandonment or forfeiture in rare circumstances where for example the holders deny
the absolute title of the allodial owner.
Customary Tenancies
17. These are lesser interests in land and are created by the holder of the allodial title or
customary freehold (or common law freehold). These types of tenancies are in nature share
cropping arrangements. They are quite common in Ghana and occur when a tenant-farmer
gives a specified portion of the farm produce to the land owner at each harvest time in
consideration for use of the land. The two popular tenancy arrangements are the „Abusa‟ and
„Abunu‟ schemes.
18. Other forms of customary tenancies in which the consideration from the tenant is not
sharing of crops but cash or a combination of crops and money exist. The customary license is
in this category.
15
The Common Law Freehold
19. This is an interest held for an indefinite period. It is derived from the rules of
common law. The holder of this interest has the right of beneficial occupation and may subject to
the laws of the land use in any manner. This type of freehold is created only by express grant.
The grantor may thus impose terms on the grantee provided such terms are reasonable and
not contrary to public policy or unconscionable.
The Leasehold
20. This type of interest is also a creation of the common law and not Ghanaian
customary law. It is an interest in land for a specified period. The leasehold may be granted by
the allodial holder in respect of lands in which no conflicting interest exists; or by a
customary freeholder; or common law freeholder. In Ghana, leasehold may be for a maximum
duration of 99 years. (Again non-Ghanaians can only acquire leases up to 50 years). Various
terms and conditions may be imposed by the grantor including the payment of rent as
consideration for the grant.
Ghana Laws on Compulsory Acquisition
Constitution of the Republic Of Ghana
21. The Constitution of the Republic of Ghana (1992) upholds the principle of private
ownership of lands. Adequate safeguards from deprivation of private property rights have been
provided for, in the 1992 Constitution. Even the state‟s inherent powers to compulsorily acquire
private property rights have been reconsidered and somewhat controlled. Article 20 of the
constitution prescribes that under no circumstance should private properties be compulsorily
taken unless there are weighty and justifiable grounds for such acquisition, which invariably
must be in the public interest. It is expressly provided in article 20 (section 1(a) and Section
1(b) that “No property of any description or interest in or right over any property shall be
compulsorily taken possession of or acquired by the state unless:
22. (i) the taking of possession or acquisition is necessary in the interest of defence, public
safety, public morality, public health, town and country planning or the development or
utilization of property in such a manner as to promote public benefit and (ii) the necessity for the
acquisition is clearly stated and is such as to provide reasonable justification for causing any
hardship that may result to any person who has an interest in or right over the property.”
23. Section 2(a) notes that sufficient provision must be made for the prompt payment of fair
and adequate compensation and section 2(b) indicates that aggrieved persons must have right of
access to the High court for redress. Article 20 (2) expressly stipulates that where the
compulsorily acquisition involves the displacement of any inhabitants the state shall resettle
them on suitable alternative site having regard to their Socio-cultural values and economic well
being.
16
An important provision in the constitution includes the giving back of lands to the owners when
such lands are not used for the purpose for which they were compulsorily acquired in the
public interest.
The State Lands Act 1962 (Act 125 as Amended)
24. This is the principal Law under which private lands could be compulsorily
acquired. The Law empowers the President to acquire any land for the public benefit. The Act
and its Regulation that is State Lands Regulation 1962 LI 230 details out the mechanism and
procedure for compulsorily acquiring lands. It is a mandatory requirement that a copy of the
instrument of acquisition be served on any person having an interest in or possession such lands
or be affixed at a convenient place on the land and be published thrice in a newspaper
circulating in the district where the land is situate.
25. The Act emphasizes the payment of compensation to the victims of acquisition made
under the Act. The basis of the said Compensation should be either the market value or
Replacement value. Costs of disturbance and incidental expenses or other damage suffered
are to be considered in the award of compensation.
26. One critical limitation of the Act is that not much premium has been given to the issue of
public involvement in the acquisition process. Community consultations and involvement is
therefore not mandatory. To ensure that projects implementation achieve the desired
results, the acquiring agency will conduct thorough consultations with all the stakeholders
especially communities to be affected at every state of project implementation.
Administration of Lands Act 1962 Act 123
27. Act 123 of 1962 was enacted to facilitate the management and administration of stool
lands (and other lands). The Act empowers the Minister responsible for lands to manage stool
lands in accordance with the provision of the law.
28. By section 7 of the Act 123 the President of the Republic may by Executive
Instrument declare any stool land to be vested in trust and accordingly the state could administer
such land as a trustee for the stool involved. In such situation the legal rights to sell, lease,
collect rent, litigate and manage generally is taken away from the customary land owners and
vested in the state. However, the equitable right in the land, which is right to enjoy the benefits,
is retained by the land owner similarly the Act provides in section 10 that “the President may
authorize the occupation and use of any land for any purpose which, in his opinion, is
conducive to public welfare or the interest of the state”. It is a requirement that a public notice
shall be published in the Gazette giving particulars of the lands to be taken and the use to which it
will be put. Persons whose interests are affected by “reasons of disturbance as a result of the
authorization” so made are entitled to be compensated.
29. The entitlements are however to be assessed by giving due consideration to the values of
the land (and other losses suffered) and the benefits to be derived by the people in the area (by
way of the use to which the state is going to put the land).
17
30. The difficulty of this law is that the nature of interest taken is not expressed in definite
terms. Again stakeholder consultation and community involvement is not highlighted. It must be
observed that the state does not normally use this section of the Act and thus occupation of lands
is rarely exercised.
Lands Statutory Wayleaves Act 1963 Act186
31. The Lands Statutory Wayleaves Act 1963 Act 186 was enacted to facilitate the entry on
any land for the purposes of construction, installation and maintenance of public utility works
and creation of right of ways and other similar right for such works.
32. Works for which right of ways may be created are “highways or works for
purposes of, or in connection with any public utility works”. Highways have been defined in the
Act as “any road, street, path, pavement, or square and includes any bridge, or other structure
associated therewith”.
33. The Act and its accompanying Regulation, the Lands Statutory Wayleave
Regulation 1964 (LI 334) provides the modalities and procedures for the acquisition of the
Statutory right of ways. Thus the mechanism for entry for survey works and construction has
been spelt out in details. The owner/occupier is required to be given formal notification at least
one week, about the intent to enter, and at least 24 hours prior to actual entry.
34. The right of way is legally established by the publication of an executive
instrument. Losses and damages suffered are to be compensated for in accordance with the
states procedure on compensation. Provision has also been made for restoration of affected
lands where that is possible. In assessing compensation to be paid consideration must be given
to the increases of land values as a result of the installation or construction of works. A right of
appeal by an aggrieved person is also provided for.
35. Clearly the desired issue of public participation procedure and community
consultation has not been given serious consideration. Again the provision of compensation
assessment is unfair; especially the exemption from payment of compensation in cases where
the land affected does not exceed twenty (20) percent of the affected person‟s total land
holdings.
The Ghana Land Policy 1999
36. The Government of Ghana in 1999 put in place the above policy to serve as a broad
framework and policy guidelines for land administration and utilization. The main objective is
to provide guidelines aimed at enhancing land management systems, land use,
conservation of land resource and enhancing environmental quality. All these are intended to
ensure coordinated and orderly use of land, a vital resource, by present and future generations.
Ultimately the policy seeks to give protection to proprietary rights and promote the concept
of prompt payment of adequate and fair compensation for compulsorily acquired lands
and also create the enabling environment for community participation in sustained land
management.
18
World Bank Policy on Involuntary Resettlement (OP 4.12)
37. The World Bank‟s policy on involuntary resettlement has been applied under the
proposed Tema Landfill Project to cover all persons that may displaced from land or productive
resources and which results in relocation, the loss of shelter, loss of assets or access to assets
important to production, the loss of income sources or means of livelihood. The Bank
requires the preparation of a resettlement policy framework to guide the project as sub-
projects are selected and specific resettlement action plans (RAPs) for each sub-project are
prepared. The RPF must be ready, accepted and publicly disclosed before the Bank will appraise
the project and it is expected to define the principles and procedures for resettlement operations:
land acquisition; valuation; compensation and reporting; for the Tema Landfill Project; in
accordance with national and Bank safeguard policies related to involuntary resettlement;
(OP4. 12).
38. In preparing the RAP, consideration is given to Bank policy OP 4.12 which requires that
persons occupy the land but have no legal title to it are provided resettlement assistance in lieu of
compensation for the land they occupy, and other assistance, as necessary, to achieve the
objectives set out in the policy, if they occupy the project area prior to a cut-off date established
by the borrower and acceptable to the Bank. The policy further requires that all other persons
affected by the project are provided compensation for loss of assets other than land.
39. Wherever there is a conflict or silence of the law or policy, the most favourable option or
alternative to the displaced person should be applicable under this Policy. Where such an action
is likely to contravene the existing statutory laws, the project will take such steps as are legally
necessary to ensure that displaced persons are not unduly disadvantaged.
40. The legal system provides mechanisms for grievance redress both in terms of alternative
dispute adjudication procedures and the law courts. The RAP outlines the applicable laws for
redress. In all the plans the displaced persons will be afforded the opportunity to participate in
the preparation of the RAP to minimize any potential disputes.
Comparison of Ghanaian Law and the World Bank OP 4.12
41. World Bank Operational Policy OP 4.12 on Involuntary Resettlement, requires that
explicit and adequate provision be made for project affected persons who are either
displaced physically or economically or suffer other losses, to ensure that they are not worse
off as a result of World Bank financed projects. 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.
42. The Ghana statutes makes provision for compensation to be paid 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 Policy
expects all forms of losses without exception to be catered for.
19
43. 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 the project affected persons
through for instance surveys etc. to ensure that the project enjoys the full support of the Bank
and affected persons.
44. The Operational Policy advises that project affected persons be assisted during their
transition period in the resettlement site and efforts made to restore their livelihoods whereas
the Ghana laws are silent on that. Table 1 highlights some comparison between the Ghanaian
Laws and the World Bank policy. To operate within the directives of the Bank, the RAP has
been developed in line with the OP 4.12 with the involvement of affected persons through
consultations and compensation to be paid for disturbance and restoration of livelihood.
Table 1: Comparison of Ghanaian Laws with World Bank Policies
TOPIC GHANAIAN LAWS WORLD BANK
REQUIREMENTS
Timing of Compensation
Payment
Prompt Prior to displacement and
relocation
Calculation of
Compensation
Fair and adequate Full replacement cost
Squatters No provision, they are deemed not
to be eligible
Are to be provided transitional
allowance
Resettlement In situations where inhabitants
have to be displaced, the state is
to resettle all on “suitable land
with due regards for their
economic well being and social
and cultural values”
Affected persons who are
Physically displaced are to be
provided with residential
housing, or housing sites, or as
required, agricultural sites…at
least equivalent to 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 assistance and
monitoring
Affected persons are to be
offered support after
displacement, for a transitional
period
Information and
Consultation
The owner/tenants on the land
must be formally notified at least
a week in advance of the intent to
enter, and be given at least 24
hours notice before actual entry.
Displaced persons and their
communities are provided timely
and relevant information,
consulted on resettlement
options, and offered
opportunities to participate in
planning, implementation and
monitoring of resettlement
20
Grievances Formal and informal mechanisms
and formal access to court of law
Appropriate and accessible
grievance mechanisms to be
established
21
CHAPTER THREE: SOCIO-ECONOMIC PROFILE OF THE
AFFECTED PEOPLE
45. In the past, the current occupants of the proposed site plied their trade at the existing
dumpsite, on an informal basis without acquiring any permits. The continuous quarrying
activities over the years degraded the land and created deep excavations in the process. The
Tema Metropolitan Assembly subsequently took advantage of the cavities created, as cells for
the disposal of solid waste. This compelled the workers at the site to prospect for a new area to
continue with their stone mining business.
46. In consultation with the Tema Development Corporation (TDC) in or about 1990, the
current site which has been proposed for the Sanitary Landfill, was allotted to the workers for
sand winning and stone quarrying. The site is open to any interested party willing and capable of
digging for natural gravel.
47. Currently, every miner is obliged to obtain a permit at a fee from the TDC prior to
commencing operation. The permit fee which was originally about ¢3,000.00 (Gh0.30p) is now
¢100,000.00 (Gh10.00) and has a validity period of one calendar year, from the first day of
January to December 31st. Copies of the receipts of permit fees paid by some miners is attached
as Annex 2. The permit can be obtained either individually or collectively for members who wish
to operate as a group.
48. Around 1993, the workers at the new site were encouraged by the TDC, as the legal
Landlords, to constitute themselves into an association to facilitate the TDCs engagement with
them as a group. They agreed and formed what has become known as the Kpone Stone Quarry
Association (KSQA). The association has a membership of about 500 with an Executive
leadership.
49. The leadership of the association has the mandate, inter alia, to disseminate information
amongst its members, supervise and ensure compliance with rules and regulations set out for
operating at the site; designate areas for mining to new entrants to the site and to ensure the
general welfare and interest of the miners.
50. Soon after the formation of the Association, there was general agitation against the
activities of sand and stone winners across the region, on grounds of environmental degradation
resulting from their operations. This prompted an official freeze on their operations which lasted
for a period of about seven (7) months during which time the workers at the site were proscribed
from further excavation for sand and stones. They were however permitted to sell the heaps piled
prior to the ban. Their operations subsequently resumed until another ban was imposed four (4)
years later in 1997 which lasted for about ten (10) months. For all these periods of seizure of
operations, the workers were not given any form of compensation since their operations were
considered temporal.
51. By 1998, the magnitude of degradation of the land had become extensive, warranting
reclamation. The mode and implications of reclamation prompted a meeting between the
Association and the TDC. Both parties through principled negotiation reached a mutual
22
Fig 1: Cavities
created by Miners
& Not refilled
consensus to the effect that, a contractor would be brought to the site, to oversee the progressive
reclamation of the degraded sites.
52. The Contractor, Nana Ahenkan was engaged by the Association to deplore his
machinery to the site for the sole purpose of reclaiming the dugouts. In consideration of his
services he was to be permitted to excavate stones underneath the sites where the elevation
distorted the otherwise gentle-rolling landscape which he might sell.
53. Later, Nana Ahenkan ceded
this contractual responsibility and
rights to second person, Mr. Osei, to
continue with the task of
progressively re-leveling the
degraded sites. Site observation show
that the original objective of
deploying the contractor on site by
the Association was never attained,
since several cavities which should
have been leveled, still exist. The
relationship between the Association
and Mr. Osei appears non-existent. A
third contractor, Mr. William
Kumassah, was seen operating at the
site with similar mandate from the
TDC. It should be noted however, that the outcome of this activity is not significant for the
implementation of this RAP.
Population Characteristics
54. According to the KSQA leadership, more than five hundred (500) persons are actively
engaged in various aspects of the stone cracking activities at the site. This includes the crushing
of the large rocks, their hauling to level ground, and their cracking into a range of sizes. During
the survey, the total adult population at the site (i.e., those above age 18) was found to be four
hundred and ninety-three (493). There are also minors (i.e., persons under 18) working
independently or together with their parents, family members or guardians. The number of stone
crackers who are said to have formally registered with the Association is three hundred and
ninety-four (394), although there are no registration records to support this claim. Indeed, there is
no legal requirement for individuals to register with the Association before they can operate at
the site. The percentage distribution is presented below.
Age distribution
55. The RAP details age distribution of the entire adult population working at the site. Below
is the age distribution for the sampled population.
23
56. The dominant age group is between 25 and 34. The workers at the site are therefore
predominantly young-adults. This is expected as the work at the site is essentially manual. It
involves the use of implements such as head pans, shovels, hoes, chisels (thick & slim), slim
bars, heavy duty bars, breaking hammer, moor hammers etc., to extract, break and convey stones
into loading trucks.
Fig 2: Age distribution of sampled workers at the Kpone quarry site
Income Levels
57. There is a wide disparity in income levels, with the men reported as earning almost twice
as much as the women. The average income per month for the men was declared to be
¢1,656,684 (Gh165.66) as against average income of the women which was stated to be
¢656,959 (Gh65.69). This income is generated at the site through the following activities:
carrying the rocks from the pit to the crushing/breaking level,
breaking the large sized gravel into smaller sizes less than 25mm diameter.
sale of chippings to customers,
The heads of the various groups at the site who are also responsible for negotiating for
concessions from the leadership of the Association and the executive of the association are all
men.
Percentage age distribution of workers at the quarry site
0
5
10
15
20
25
Less
than
20
20 -
24
25 -
29
30 -
34
35 -
39
40 -
44
44 -
49
50 -
54
55 -
59
60 +
Age/year
Perc
en
tag
e (
%)
Percentage
24
Fig 4: Workers Carry
gravel by head-pans
Fig 3: Workers earn
income by carrying
gravel in head-pans
58. Most of the workers at the site, reside at Kpone and Ashiaman. The others are from
neighbouring suburbs like Tema Newtown, Michel camp and Kakasunanka. With respect to
place of origin, the population at the site comes from almost every part of the country; however,
the numbers are dominated by people from Ada in the Eastern region and others from several
towns in the Volta region.
Profile of Affected Persons
59. The KSQA leadership indicated that more than Five hundred (500) persons are actively
engaged in different aspects of the stone cracking business at the site. This includes the crushing
of the big rocks, the hauling of these to the level ground, and the cracking into different sizes.
The RAP document also reports the total adult (above age 18) population at the site as four
hundred and ninety-three (493). There are also under 18 year olds working on their own or
supporting parents, family members or guardians in the business.
Gender Ratio
60. The ratio of women to men at the site during the study period was about 1:1.4. The male
gender dominates (58%) the sample population of 500 persons.
The ages ranged between 18 and 68, with a mean of 34. Majority of the workers (55.4 %) fall
within the ages of 25 -39 years.
25
Ethnicity
Fig 5: Ethnic distribution of workers
61. Five ethnic groups were identified at the site. Figure 2 shows the various groups and
their respective proportions. The dominant ethnic groups are the Ewes (52 %) followed by the
Akans (24 %). The least in terms of number are the Guans. Most of the workers hail from Kpone
and its immediate surrounding villages e.g. Kokompe, about 2 km from the gravel pit. The others
are residents of Ashaiman, Michel Camp and Tema.
Marital status and family characteristics
62. Most of the workers (74 %) are married. Twelve per cent (12 %) are single unmarried
workers while 14 % fall into the category of single parents. The average household size stands at
3 persons per household. The proportion of respondents and their number of children under age
eighteen is presented in Table 1 below.
GUAN 2%
HAUSA 6%
AKAN 24%
GA 16%
EWE 52%
26
Average number of children of Kpone quarry workers
Table 2: Average number of children of Kpone quarry workers
No. of Children Percentage of
respondents
1
2
3
4
5
6-10
6.6
21.7
23.9
17.4
15.2
15.2
Total 100
63. About eighty percent (80%) of male respondents are heads of their respective households,
while 40% of the female respondents are responsible for the upkeep of their families. The survey
learnt that the children working at the site are all in school but only come in occasionally to help.
Primarily, they carry stones to the sale points at the site and sometimes break the stones into
required sizes for sale to patrons.
Income levels/sources
64. On average, the respondents have been working at the Kpone quarry site for four (4).
During these years, the workers have primarily been involved in the quarrying and sale of stones
making the stone cracking their major or only source of income. The heaps are sold to patrons
who visit the site with tipper trucks.
65. The trucks are loaded at a cost ranging from Gh¢80 to Gh¢150 as per the volume of the
truck and the size of the stones required. Averagely, 3 trucks are loaded by the various teams at
the site per day. The monies generated from the sale of the stones are then shared among the
team members, which comprise stone crackers, haulers and group leaders. The respondents
indicated having no other source(s) of income. Details of the incomes and proposal for
compensation are presented in the RAP for the proposed project.
27
Religious affiliation
Fig. 6: Religious affiliation of respondents
66. Majority (86%) of the respondents professed to be Christians, while the others including
Muslims, traditionalists etc., form the minority.
Educational Status of Workers at the Quarry
67. The educational level of the respondents is presented in Table 3 below. The highest
educational level attained by any of the workers at the site is a Senior Secondary School (SSS)
education. The proportion however is the least, constituting only one (1%) percent of the
respondents. The majority i.e. 66 % of the workers have had up to a Middle School education.
Table 3: Educational Level of Respondents.
Level No. of Respondents Percentage
Primary 11 11%
Middle School 60 60%
JSS 22 22%
SSS 1 1%
Commercial/Vocational 3 3%
Non-formal 3 3%
TOTAL 100 100%
10%
2%
2%
86%
Islam
No Religion
Traditional Religion
Christianity
28
Public Health
68. The nature of activities of the respondents/workers at the site exposes them to varied
health risks. The dominant activity at the pit is stone quarrying, which absorbed 66 % of the
respondents. Other respondents were involved in the sale of food (4%), blacksmithing (4%),
stone breaking (2%) and stone hauling (24%). The respondents complained of health
problems/risks ranging from minor injuries e.g. cuts from stones and other sharp edges, to
respiratory complications. Other common health problems reported include headache, back and
waist pains, and malaria and eye injuries. No work related death had been noted by the workers
at the site for as long as they could recall.
69. Respondents use various protective clothes and equipment while working at the site.
These include eye goggles, nose mask, Wellington booths and gloves. Most of them, i.e. those
extracting and cracking the stone were observed in overalls. In the event of health or medical
challenges, the respondents seek medical attention from the Kpone Health Centre and Faith
Medical Centre at Kpone. Other health facilities visited for treatment include the Tema General
Hospital, Tema Clinic and clinics at Ashiaman. The workers however, have no emergency
facility in place for dealing with the potential health accidents that could arise from the day to
day activities at the site. However, children at the site are exposed since there is no protective
wear for them.
Project awareness/concerns
70. The workers indicated their awareness of plans by the TMA to convert the gravel pit into
an engineered waste receptacle/landfill. While they admitted not having any ownership
rights/entitlement to the site, the leadership showed receipts of payments made to the TDC (See
Annex 1), which granted them access or Right of Entry to the site to ply their trade. In this light,
a shutdown of the site to quarrying activities, which is their main source of income, would affect
them adversely. The respondents indicated their willingness, however to accept monetary
compensation to vacate the site altogether, prior to commencement of the project or any other
alternative arrangements that might help them maintain their sources of income.
71. The results of the socio-economic study as presented above indicate that most of the
workers at the site are young-adults. These young adults have received some form of education
which makes them trainable and deployable for other occupations in the eventual closedown of
the site. Though the workers do not have any legal claim to the land, the social responsibility of
government towards the citizen of the country and for that matter, workers at the site warrants an
appropriate livelihood restoration package for all affected persons.
29
CHAPTER FOUR: KEY SOCIAL IMPACTS AND
MITIGATION MEASURES
Loss of Employment/Income
72. There are no dwelling houses, kiosks, workshops or offices on the site. The Kpone light
industrial area is about 1.5km to the southeast of the proposed landfill site and the Kpone
township itself is a further 2km to the southeast of the site. All these distances are far in excess of
the EPA stipulated 50m buffer gap between landfill sites and residential premises. They are
therefore considered too distant to be impacted by the project.
73. The location of the landfill at the proposed site will therefore only adversely impact on
the current gravel miners on the site whose daily activities will have to be physically stopped and
the people displaced from the site.
74. The development of the landfill will require the reclamation of the severely degraded site
and a total ban on any further degrading of the land. The borrow pits at the site are created
largely by individuals or groups of individuals using hand-dug tools. Dug-out large stones above
50mm diameter are further broken down into smaller sizes of about 20mm or less using hand-
held hammers.
75. The collection and transport of the dug-
out and broken material into heaps of gravel
for sale is similarly done by shovels and head-
pans. The loading of the procured gravel into
dump trucks is again done manually by head-
pans. All these activities engage the services of
young and middle-aged men and women of the
very low income group. Some of them attend
to these activities with their children. Only two
individuals were identified to apply
mechanical means to win the gravel by using
earth moving equipment and pay-loaders for
excavation and loading.
76. Very limited services are provided by third
parties to the gravel miners. These consist only of
food vendors provided by women and a tools
blacksmith for the repair of the digging tools.
Fig 7: Women & men break stones down to smaller sizes.
Fig 8: Food Vendors at Site
30
Table 4: Number of Affected People and their Monthly Income Range
Type of Activity Income Level GH¢ Number of People % of Total
Rock Crashers
(Masters)
400-1100 499 93.0
Blacksmiths 150-200 5 0.9
Food Vendors 120-160 12 2.3
TOTAL 536 100
Source: Socio-Economic Data and interviews
Eligibility Criteria & Estimated Population Displacement
77. The criteria for eligibility of displaced persons were classified under one of these three
groups:
(a) those who have formal legal rights to land (including customary and traditional rights
recognized under the laws of Ghana);
(b) those who do not have formal legal rights to land from the beginning of the census but have a
claim to such land or assets, provided that such claims can be substantiated under the existing
laws of Ghana or become recognized through a process identified in the resettlement plan, and
(c) those who have no recognizable legal right or claim to the land they are occupying.
78. The World Bank Policy on involuntary resettlement, OP 4 1.2 requires that persons
covered under (a) and (b) above are provided compensation for the land they lose, and other
assistance by way of compensation; persons covered under (c) are provided resettlement
assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to
achieve the project objectives, if they occupy the project area prior to a cut-off date established
by the project. The Cut-off date for this project is the date of notification to the leadership of
those to be displaced of the likelihood of their displacement from the site. This date is 15th
August 2005. Those persons who are considered occupants of the proposed project site as at this
Fig 9: Blacksmith Shop for repair of digging tools
31
date will be deemed eligible under category c above. Persons who encroach on the area after the
cut-off date are not entitled to compensation or any other form of resettlement assistance.
79. In developing this RAP, the needs of vulnerable groups among those to be displaced were
given particular attention. Vulnerable groups are those classified as “protected persons” who
might suffer disproportionately or face the risk of being marginalized by the effects of
resettlement. They include those below the poverty line, the landless, the elderly, women and
children, indigenous peoples, ethnic minorities, physically disabled persons or other displaced
persons who may not be protected through national land compensation legislation.
80. “Resettlement” refers not just to the physical displacement of people, but also covers
taking land that results in the:
a. relocation or loss of shelter,
b. loss of assets or access to assets and/or
c. loss of income sources or means of livelihood
81. As noted earlier, there are no structures at the proposed site. The only structures are
temporary sheds (erected with sticks and palm branches as in picture above) which serve as
shades for the food vendors and the blacksmiths. Therefore the siting of the landfill at the area
will entail only the temporary loss of income sources or means of livelihood by the gravel miners
and the supporting business of food vending and blacksmithing, since they will be denied
continued access to the site to mine gravel for sale for a very short period of time. An entitlement
matrix that detail out the types of impact and corresponding compensation package has been
developed as part of the RAP. The matrix addresses types of impact, the entitled party, type of
entitlement and responsible party (see p.23 for details).
Alternatives: Relocation to other natural gravel borrowing grounds
82. In defining the resettlement program the following alternative resettlement schemes have
been considered and discussed with PAPs: (i) Relocation to other natural gravel borrowing
grounds, (ii) payment of cash allowance for loss of income or livelihood and (ii) relocation to
one part of the site for the project but not to be used now as the project will develop in phases.
The third option was the most agreeable to all parties especially the PAPs.
83. The Tema Metropolitan area is a fast growing trade, commerce and industrial zone that is
virtually merging with Accra. The Tema Development Corporation [TDC], the development
planners of the Tema Metropolis have zoned out almost every available land for the development
of large-scale industries, small scale industries, or residential premises. The allocation of suitable
alternative land for gravel winning within reasonable distance is therefore considered impossible
since the activities will lead to another degrading of the land and render such lands uneconomic
for development without costly expenditure to reclaim it. It is also the thinking of the
Metropolitan authorities, that the gravel mining currently undertaken at the proposed project site
is an activity which is not environmentally sound even to the miners themselves since no health
and safety measures are employed in the digging activities.
32
84. Although there exist other borrow pits in Dodowa, a distance of over 20km to the
northwest of Tema, it is unattractive to the stone crackers due to increased cost of travel.
Relocation to this site could create conflict and social discontent as there are other stone
crackers already operating on these sites.
After a series of discussions and consideration for the alternatives proposed, the Tema
metropolitan authorities have decided to work with the PAPs on the third option mentioned
above; that is allocation of a designated part of the site for the displaced stone crackers to
continue plying their trade of stone cracking. This option has a number of advantages to the
outright resettlement including (i) guaranteed livelihood for the PAPs, (ii) reduction in amount
(cash) required for the resettlement, (iii) shorter implementation period, (iv) benefits of oversight
and management of the PAPs by TMA to ensure safe, healthy, environmental conditions for their
operations. The PAPs have been informed that such an arrangement will be limited in time since
the new site for their stone cracking activities will be used for phase two of the project at a later
date. The PAPs will be given advanced notice of at least six months. Whilst undertaking their
business, the PAPs will be encouraged, with the support of TMA to plan towards an eventual
relocation from the site. This will give them adequate time for preparation and consideration of
options including options 1 and 2 above.
85. A one month‟s transitional allowance will be paid to the PAPs based on their estimated
current monthly income to compensate them for any disruptions in their activities caused by the
move. They will also be given a designated period within which they can sell off their remaining
consignment at the current sites. The transition to the new site will involve comprehensive
program, including expected modes of behavior and conduct. The division of space at the new
site among the various leaders will be consultative and participatory. Any outstanding
complaints will be referred to the grievance redress committee.
Compensation for Loss of Income or Livelihood
86. The main objective of the resettlement program is to mitigate the economic hardship to
be experienced by the displaced miners on implementation of the project. To achieve this
objective using the option described above, the following strategies will be adopted:
a. identification and listing of all eligible individual stone crackers and any others who
may be directly affected economically by the project.
b. identification of all the tools used by the miners in their daily operations.
c. an estimation of the average income to be lost by them during the transition period.
d. determination of appropriate assistance to the miners to be displaced from the site.
e. training in alternative livelihoods
87. The persons to be displaced under the project are those men and women who currently
earn a living by digging out gravel at the site for sale and those who provide direct maintenance
service to repair the tools of the miners and food vendors. As stated above, they constitute an
association called the Kpone Stone Quarry Association [KSQA], with a leadership, as at the 15th
of August 2005 consisting of:
33
1. A Chairman……….. Mr. John K. Siabi
2. Second Chairman ………. David Boateng
3. Secretary………… Mr. Dauda Agbekey
4. Task force Personnel…… Mr. Samuel Klokpa
5. Advisor……… Mr. Godwin Otchie
The leadership of the KSQA constitutes the only organ through which the identity of the other
members was ascertained and they act also as the spokes organ for the group. They are
responsible for allocating specific sites to all new permit holders or newcomers. The Association
does not seem to have any guiding constitution or established registry of its members the
association was produced neither was there an established register of the members of KSQA.
88. In consultation with the leaders, Monday the 15th
of August 2005, was taken as the cut-
off date for the purposes of this RAP. With their assistance therefore, the names and pictures of
those members who were seen at the site were taken over a period of two weeks. A total of 499
names were listed. Other members were said to be absent but this could not be verified.
However, they were said to constitute a small number, probably less than 5% of the total.
89. The other gravel miners at the site, namely Mr. Osei and Mr. Kumassah are not eligible
for any resettlement assistance on the grounds that they are principally earth works contractors
and also offer their equipment for hire for earth works. Indeed Mr. Osei was invited to the site by
the gravel miners themselves to assist reclaim excavated pits. At a meeting with the two
gentlemen they willingly admitted that they will be ready to vacate the site at any time they are
instructed to vacate without any claim. This is less problematic if the third option of shifting the
stone crackers to a TMA designated site is implemented as envisaged.
Valuation of and Compensation for Losses
90. There are no structures nor any landed properties at the project site to be valued. Since
the stone crackers are licensees there is no compensation issue for loss of land. Since the TMA
intends to allocate to the miners alternative site for the continuation of their trade, the miners will
not lose any form of investment regarding their hand digging tools.
91. The stone cracking activities require no specialized skill beyond a healthy physical body.
Their current working conditions at the site do not involve daily living expenses beyond those of
an average Ghanaian low-income worker. Each of them should thus be comparable to an
unskilled labourer at the TMA. However, the average income per month was recently (on
October 6, 2009) declared by the KSQA to be GH¢ 625 for men and GH¢ 186 for the women.
The leadership of the KSQA however could not present any records or any other proof for these
figures The declared incomes are far in excess of the less than GH¢53.10 per month for the
average unskilled labourer of the TMA and indeed in the country.
92. Ghanaian laws appear silent on compensation for resettlement and thus no fixed
minimum value to serve as a guide. It has thus been determined that a period of six months
would be appropriate for the readjustment and integration of each PAP into the national
economic stream after displacement from the project site. With the choosing of option 3, this
34
provision would no longer be necessary. Nonetheless, the project will still conduct training in
alternative livelihood for those affected stone crackers and their other colleagues who work at the
site as part of the long term strategy for addressing an eventual relocation from the new proposed
site (phase two site) in the near future.
Resettlement and Mitigation Measures
93. The resettlement assistance proposed for the affected stone crackers should consist of the
following:
(i) Site Identification
Identification and demarcation of new site using a site map.
Development of site management plan
Allocation of portions to the leaders
Agreement (in signature) to the conditions for relocating to the new site
Monitoring of activities at new site for three months
(ii) Relocation and readjustment cash allowance at a monthly rate of GH401.55 per
leader for one month period.
Entitlement Matrix and Estimates
Table 5: Estimates and Basis for the Calculation of Compensations for Project-Affected
Persons
Type of Activity
Monthly Income
Level GH¢
Average income
level GH¢
Minimum Wage
(GH¢2.655/daily)
Average of Income Level and Minimum
Wage
Number of
People
Totals
Rock Crashers (Masters)
400-1100 750 53.1 401.55 499 200,373.5
Blacksmiths 150-200 175 53.1 114.05 5 570.25
Food Vendors
120-160 140 53.1 96.55 12 1,158.6
Total 1,065 159.3 612.15 516 202,102.3
Contingency (5%)
10,105.12
Grand Total 212,207.42
US Dollar Equivalent
146,349.94
Exchange rate: GH¢ 1.45
35
Consultation Strategy and Participation
94. Following a series of meetings between the PAPs, consultants, and project staff, a survey
was conducted on the proposed project and its implications for the informal workers operating at
the site. The stone crackers were represented at the meetings by the leadership of the KSQA, and
all discussions regarding their displacement have been held in consultation with these leaders, as
well as with workers at the quarry site. Photos of eligible members of the Association were taken
at the quarry site with the assistance of the leaders
95. The KSQA leadership was given the opportunity to propose possible alternatives for
resettlement from the site. They indicated a clear preference for relocation to a suitable site in
order to enable them to continue their current activities. They expressed concern that their
livelihoods would be negatively affected were they displaced from the site. They agreed on the
option of relocation to another part of the site, so as to allow project works to commence, while
also allowing them to continue their own activities.
96. During the implementation process, the KSQA leadership will serve as the primary
liaison between the affected workers and the implementing authorities.
36
CHAPTER FIVE: INSTITUTIONAL AND FINANCIAL
RESPONSIBILITIES
97. The funds for the payment of the compensation will be provided by the Government of
Ghana. The TMA project office and project team will be directly responsible for the
implementation of the RAP and report to the Chief Executive. The PCU will monitor
implementation and report to the Bank and the Government of Ghana (GoG).
98. The payment of all compensation packages and/or resettlement assistance will be effected
to the affected persons before the project commences. On completion of the implementation of
the relocation, the TMA will ensure that no affected persons remain on site. The plan will be
completed at least forty-five days prior to possession of site by the project contractor.
99. The GoG, and for that matter the TMA as the implementing agency, is responsible for
implementing the required resettlement action plan under the project in conformity with the
UESP II RPF for the project and in compliance with World Bank policy on Involuntary
resettlement OP4.12.
37
CHAPTER SIX: GRIEVANCE REDRESS PROCEDURES
100. The objective of the Grievance Redress Procedure is to address and resolve grievances or
complaints from affected persons promptly, fairly, and in a manner that is, to the extent possible,
acceptable to all parties. The following will be applied to:
provide straightforward and accessible ways for affected persons to voice
complaints or resolve any disputes that might arise related to Project
implementation;
seek solutions to any tensions and conflicts early on, to avoid a „fire fighting‟
approach
identify and implement appropriate and mutually acceptable actions to address
complaints;
respond in a timely manner, and with sensitivity to the needs of complainants
ensure that claimants are satisfied with outcomes of the corrective actions, and
maintain a dialogue with them to the extent possible; and
avoid resorting to higher level means of adjudication, such as judicial
proceedings, as much as possible.
Types of Grievances
101. All grievances will be received by the Grievance Committee, through the TMA Project
Coordinating Office. The Grievance Committee will consist of one member each from the Social
Services Sub-Committee and Justice and Security Sub-Committee, 2 members from the KSQA,
one representative each from, the PCU, TMA, and EPA to respond to any grievances that the
PAPs may have during the RAP implementation.
102. Two contact people will be designated to attend to and record all complaints. The details
of complaint will include (i) the name and contact information of the claimant, (ii) date and time
of the application (iii) issue of complaint, (iv) the name of the Resettlement Officer receiving
grievance. The complainant will verify that the complaint lodged has been appropriately
captured on the complaints sheet ( a sample form is attached as Annex 4).
The grievances most likely to occur during the implementation of the RAP may include the
following:
Temporary disruption of stone cracking activities and resulting livelihoods losses
Disagreement over site selected
Delays in receiving compensation due to discrepancy
38
Delays in start of stone cracking activities as a result of unanticipated delays
Institutional Arrangements for Redressing Grievances
103. The Committee will meet on a monthly basis to consider all lodged complaints and
propose measures to address them. Where necessary, applicants, relevant agencies and/or third
parties will be invited to these meetings to ensure transparency and fairness. It is expected that
all grievances would be addressed amicably at the committee level. However, in the unlikely
case that a particular issue proves difficult to address, the complainant has the option of seeking
redress at a higher level and the committee members will co-operate.
Grievance Procedures
104. Two (2) contact people from the Grievance Committee will be designated to attend to and
record all complaints. The details of each grievance will be recorded in the appropriate
Grievance Forms, which will include: (i) the name and contact information of the claimant; (ii)
date and time of the application; (iii) type of application; (iv) the specific issue of the complaint;
and (v) the name of the Resettlement Officer receiving the grievance. (A sample form is
presented in Annex 4.) The claimant will verify that the complaint has been appropriately
captured on the corresponding Grievance Form (to be designed and provided by TMA).
A database will be developed of all recorded grievances, including the above-described
information. In receiving the grievances of vulnerable affected persons (e.g., women, those over
60, the illiterate, or the physically challenged), the Resettlement Officer is expected to pay
careful attention to any special needs, difficulties, or concerns that they may have. The steps for
grievance redress are as follows:
(1) The Project Coordinating Office of the TMA shall receive grievances/complaints for
the attention of the Grievance Committee. The Grievance Committee shall inform the
complainants on the status of their grievances within 7 days after the application.
(2) If the grievance can be resolved by the Grievance Committee (i.e., if it necessitates no
consultation with other organizations), possible corrective actions will be determined
within 10 days. If resolution of grievance is seen to require commitment beyond the
Grievance Committee, the managers shall coordinate and consult with relevant
authorities. In such cases, the time frame for the determination of possible corrective
actions shall be 15 days.
(3) After the case is evaluated in detail and the possible corrective actions determined, the
proposed solutions or corrective/preventive actions shall be discussed with the
complainant. The corrective steps, the timeframe within which they are to be
completed, and the party responsible for implementing them shall be recorded in the
Grievance Closeout Form, presented in Annex 5.
39
(4) Once an agreement has been reached between the applicant and the responsible party
on the corrective actions, the applicant will be asked to sign off the grievance closeout
form on their acceptance of the solution.
(5) If the applicant remains dissatisfied with the outcome, additional corrective action will
be agreed on and carried out by the responsible party.
The Committee has a maximum of 30 days following the application within which to resolve any
grievances properly lodged with it. The applicant will then be informed by the designated officer
and the corrective actions recorded in the Grievance Closeout Form.
Institutional Roles and Responsibilities
105. The responsibility for implementing this RAP rests with the PCU, the TMA, and the KSQA
leadership, with support from the extended membership of the Grievance Committee. As the
resettlement assistance to be awarded is mainly a cash allowance destined for specific, pre-
identified individuals, implementation is expected to be a one-off event with few anticipated
complications .
40
CHAPTER SEVEN: RAP IMPLEMENTATION
106. The implementation of the project is contingent on the successful relocation of the
affected informal workers to a pre-designated alternate site, in accordance with this RAP, thus
allowing the contractor(s) to take possession of the site for the initiation of works.
Implementation of the RAP should thus carefully sequenced with the process of tendering for the
related construction works. The stone crackers should be properly informed, through KSQA, of
the date of commencement of the RAP‟s implementation and the duration of whole exercise.
Implementation should be completed within a maximum period of twenty-one (21) days, as it
will essentially consist of a cash disbursement against photo verification, and the allocation and
distribution of sites. The TMA will be directly responsible for ensuring that all affected persons
vacate the site and successfully relocate to the new site, so as to avoid any obstruction of the
works or health and safety risks to themselves.
107. At least thirty (30) days prior notice should be given to the KSQA leaders of the
implementation of this RAP. After this time all stone crackers will be banned from further
mining, but granted an additional thirty (30) days grace period during which to dispose of any
unsold stock still visible at the current site.
108. The PCU will be responsible for coordinating and monitoring the implementation process
and reporting to the GoG and to the Bank. To this end, a set of monitoring indicators have been
developed as part of this RAP.
RAP Implementation Schedule
109. The implementation of the project is contingent on the successful relocation of the
affected informal workers to a pre-designated alternate site, in accordance with this RAP, thus
allowing the contractor(s) to take possession of the site for the initiation of works.
Implementation of the RAP should be carefully sequenced with the process of tendering for the
related construction works. The stone crackers should be properly informed, through KSQA, of
the date of commencement of the RAP‟s implementation and the duration of the whole exercise.
Implementation should be completed within a maximum period of twenty-five (25) days, as it
will essentially consist of a cash disbursement against photo verification, and the allocation and
distribution of sites. The TMA will be directly responsible for ensuring that all affected persons
vacate the site and successfully relocate to the new site, so as to avoid any obstruction of the
works or health and safety risks to themselves.
110 The implementation schedule of the Tema RAP has been detailed in the Table in Annex
1. The following section details the implementation activities and specific roles and
responsibilities. The PCU will be responsible for coordinating and monitoring the
Implementation process and report to the Government of Ghana and the World Bank. Due to the
urgency of the situation, some activities will run concurrently to save time and the entire
implementation of the Tema RAP will be undertaken from 22nd December 2009 to 5th
February
2010.
41
Dissemination of Draft RAP
The Draft RAP was disseminated by means of fliers which were distributed to the PAPs prior to
a meeting to discuss it. PAPS were encouraged to give feedback on the compensation packages
as well as the new arrangements that will be put in place to ensure their continued access to their
livelihoods. This activity was undertaken on the 16th
of November 2009 by TMA.
Finalization of Draft RAP Final
The feedback received from the PAPs and other stakeholders were incorporated in the final RAP.
Approval and Disclosure of RAP
The RAP will be approved by the World Bank and disclosed electronically on the Website of the
WB on the 22nd
of December 2009. Hard copies will be placed in the offices of WB Accra office,
TMA, TDC, KSQA and the PCU and a meeting to formally disclose it will be held with the
institutional stakeholders and the PAPs.
Identification of New Site for Stone Quarrying
Whilst the RAP dissemination activities are going on, the engineers under the supervision of
TMA will use the site map to identify an area within the Phase II zone of the project for the stone
crackers to continue their livelihood. After the site has been identified and demarcated, the
KSQA will use their existing system of allocation to allocate appropriate working areas to the
various work groups. The new site shall be governed by a site management plan which has been
developed and discussed with the PAPs and is attached as appendix 2. It is envisaged that the
identification and allocation will be completed over a period of two weeks.
Formation of Grievance Committee and Site Management Committee
Between the 5th
and 7th
of January 2010, TMA will contact the various stakeholders such as the
Kpone Traditional Council, the KSQA, GFZB, the PCU and EPA to nominate members to serve
on the Grievance Committee. Members of the Site Management Committee shall be nominated
from TMA, TDC and KSQA.
Preparation for and holding of Public Forum
From Wednesday the 6th
until Tuesday the 12th
January 2010 TMA will make preparations for a
public forum that will be held on 12th
January 2010. The public forum will serve as a forum for
dissemination for a wider audience of stakeholders which will include the PAPs, the traditional
leaders and people of Kpone traditional area as well as the general public. It will also serve
another purpose as a commencement durbar for the project.
Inauguration of Grievance Committee
The day of the Public Forum will be used to inaugurate the Grievance Committee for the Tema
Landfill project RAP.
Signing of Agreement Covering Movement to New Site
As part of the site management plan, PAPs will be required to sign an agreement that will specify
the conditions under which stone cracking will be done at the new site to ensure discipline and
42
mutual benefits for both the project and the PAPs. The agreement between TMA and the PAPs
will be signed prior to compensation payment and relocation.
Vacation of Site by Stone Crackers
After the agreement has been signed, PAPs can start relocating their stone cracking activities to
the new site demarcated for them from the Monday 18th to Wednesday 27th
January 2010.
Grace Period for Disposing of Old Stocks of Stone
To enable PAPs dispose of stones they have accumulated, a grace period of ten (10) days starting
from Monday 18th
to Wednesday 27th January 2010 will be given to PAPs. By the end of this
period, it is expected that all stones stored at the old site would have been sold off.
Processing of Disturbance Allowances
TMA will begin processing the necessary documents for payment of disturbance allowance to
the PAPs after the New Year break from Tuesday 5th
January to Monday the 18th
January 2010.
Notifying PAPs to Collect Disturbance Allowances and Payment of Disturbance
Allowances
On Tues the 19th
of January 2010, TMA will notify PAPs to go and collect their disturbance
allowances from 20th
of January 2010. The contractor will start paying PAPs who have relocated
their operations completely to the new site from the 20th
of January 2010. By the 5th
of February
2010 all PAPs should have been paid their disturbance allowances. A summary is presented in
Annex 1.
43
CHAPTER EIGHT: BUDGET & FUNDING
110. The total estimated budget for the resettlement is GH¢212,207.42 (USD 146,349.94).
This amount takes care of any contingency and inflation. The funding is from GOG. An
implementation completion report will be submitted upon the full relocation of the PAPs by the
TMA. This completion report will account for the processes used for the implementation of the
RAP including payments, any outstanding issues and outstanding grievance complaints
grievances yet to be addressed and processes outlined to address them.
44
CHAPTER NINE: MONITORING AND EVALUATION
111. Objectives of the Monitoring Program are to ascertain that the principles and the specific
requirements of the RAP are fully implemented. The monitoring shall ensure that:
PAPs are successfully relocated to avoid and reduce impoverishment.
difficulties facing relocated PAPs at the new location are identified and addressed.
record of experiences is kept for future reference.
Internal monitoring shall be undertaken by the TMA while external monitoring, evaluation and
reporting of the implementation process will be done by the PCU which has the institutional
capacity to monitor and report to the GoG and the Bank. Forty displaced persons paid per day
will be a monitorable indicator since once payment starts all the affected persons will be eager to
obtain what is due them.
Monitoring and Evaluation Phase
112. The PCU shall supervise the general monitoring of the RAP using both internal and
external checks to ensure optimum performance. The internal performance monitoring milestone
will give the PCU the chance to assess actual progress against indicators on a monthly basis as
set out in the table below:
Table 6: Internal Performance Milestone
Indicator
Type
Milestone
Input Identification of alternative relocation site
Negotiations leading to site acquisition
Output Site preparation
Meetings held to inform KSQA leaders of readiness of site
Outcome Stone crackers relocated
Commencement of stone winning operations
Monitoring results produced
Internal Monitoring and Supervision
113. Internal monitoring of the resettlement operations will be undertaken by TMA according
to the plan in the RAP. The day-to-day field supervision will be the responsibility of the TMA
project Office. A record of activities shall be captured in the monthly progress reports which will
45
be subject to review by the PCU. The PCU will continuously take stock, discuss reports received
and assess solutions proposed. Their activities should ensure that the resettlement is successfully
implemented. Monthly Reports shall be produced and submitted to PCU. TMA (GoG) would
bear the cost of monitoring.
External Monitoring and Supervision
114. The work of the PCU will ensure on-going external monitoring and supervision. In this
way, the resettlement of affected persons will be facilitated and the PCU and TMA can measure
the success or otherwise of the RAP.
Monitoring Indicators
115. As a means of effectively reporting on the RAP implementation, the following indicators
will be monitored during project implementation as indicated in the table below:
Table 7: Monitoring Indicators
ACTIVITY MONITORING INDICATOR MEANS OF
VERIFICATION
Ascertain arrangements for
relocating PAPs
Alternative site prepared and
demarcated for the various work
groups
Monitoring completed;
report submitted
Supervise relocation PAPs relocated or being
assisted; assistance offered
PAPs traced to new
locations; report submitted
Meetings with PAPs to find out
any likely difficulties
encountered at new locations
PAPS settled; stone cracking
operations commenced
Interaction completed;
problems identified;
solutions suggested; report
submitted
Follow-up meetings and visits to
see how problems at new
location can be resolved
PAPS settled; businesses
restarted
Interaction completed;
problems identified;
solutions suggested; report
submitted
Follow up meeting on full
implementation of and
compliance with site
management plan
Site management plan fully
implemented in accordance with
stipulated provisions
Assessment of
implementation
completed, issues
discussed (if any) and
minutes of minutes
submitted
46
ANNEXES Annex 1 Implementation Schedule
ACTIVITY DURATION (IN
WORKING
DAYS)
START
DATE
END DATE RESPONSIBLE
AGENCY
Dissemination of Draft
RAP (Creation of Fliers,
etc.)"
1 day Wed 11/16/09 Wed 11/16/09 TMA
Finalization (1) of RAP
Draft Final
3 days Thu 11/18/09 Mon 11/23/09 Consultant
Finalization (2) of RAP
Draft Final
2 days Thurs 12/17/09 Sat 12/19/09 Consultant
Approval by World Bank 1 day Tues 12/22/09 Tues 12/22/09 World Bank
Disclosure of RAP 7 days Tues 12/22/09 Wed 12/30/09 WB/TMA
Place electronic copies of
RAP on World Bank
website
1 day Tues 12/22/09 Tues 12/22/09 WB
Place hard copies of RAP
at the offices of WB,
TMA, TDC, KSQA and
PCU
4 days Tue 01/05/10 Fri 01/08/10 TMA
Identification of new site
for stone quarrying
10 days Mon 12/28/09 Mon 01/11/10 TMA/E
Formation of Grievance
Committee and Site
Management Committee
3 days Tues 01/05/10 Thurs
01/07/10
TMA
Preparation for Public
Forum
3 days Wed 01/06/10 Fri 01/08/10 TMA
Holding of Public Forum 1 day Tues 01/12/10 Tues 01/12/10 TMA
Inauguration of Grievance
Committee and Site
Management Committee
1 day Tues 01/12/10 Tues 01/12/10 TMA
Signing of Agreement
covering movement to
new site
2 days Wed 01/13/10 Thurs
01/14/10
TMA/PAPs
Vacation of site by stone
crackers
8 days Mon 01/18/10 Wed 01/27/10 PAPs
Grace Period for disposing
of old stocks of stone
10 days Mon 01/18/10 Fri 01/29/10 PAPs
Processing of Disturbance
Allowances
10 days Tues 01/5/10 Mon 01/18/10 TMA
47
Notifying PAPs to collect
Disturbance Allowances
1 day Tues 01/19/10 Tues 01/19/10 TMA
Payment of Disturbance
Allowances
13 days Wed 01/20/10 Fri 02/05/10 Contractor
48
Annex 2 Site Management plan
SITE MANAGEMENT PLAN FOR ALTERNATIVE QUARRYING SITE AT THE
TEMA LANDFILL SITE
Introduction
It is the duty of Tema Metropolitan Assembly (TMA) to manage the alternative quarrying site
within the area that has been earmarked for Phase II of the Tema Landfill project site for the
stone crackers currently occupying the site for Phase I. The aim of the management is to make
sure that the activities of the stone crackers are streamlined and are in concert with the overall
objectives of the project.
The executive members of Kpone Stone Quarry Association (KSQA) are mandated to
disseminate information amongst its members, among other things. TMA has set up a five (5)
member monitoring committee to oversee the landfill site. This committee has been expanded to
nine (9) to form the Site Management Committee (SMC). The SMC will be responsible for
managing the site implementation plan and address any outstanding issues. TMA however has
oversight responsibility for the new site for KSQA.
Site Management Committee (SMC)
The 9 member committee of the SMC will be constituted by the five (5) members of the
monitoring committee and one (1) representative each from Tema Development Corporation
(TDC), the Kpone Traditional Council (KTC) and two (2) members from the KSQA executives.
TMA will be the chair and will meet monthly within the first six months and quarterly thereafter.
The management structure will be as indicated in the chart below:
The SMC will work to ensure an incident-free relocation and effective running of the site. The
specifically terms of reference will include:
Assist the engineers who will identify an area within the Phase II zone for the stone
crackers to continue their livelihood activities.
Coordinate the movement of the stone crackers from the current location to the
alternative site, with the assistance of the leaders of the KSQA.
Monitor the grace period for the stone crackers to sell off their stock of stones, also with
the help of the leaders of the KSQA.
Give clearance for PAPs to receive their disturbance allowances after they have complied
with the relocation program.
Participate in the overall monitoring of the RAP implementation.
Plan for the release of the site when needed for Phase II activities.
Design a schedule for review and revision of the management plan as and when the need
arises.
49
Rules Governing the Site
In addition to the current rules already instituted by the KSQA for governing the activities of the
stone crackers, these additional rules shall be enforced:
1. No new stone crackers will be admitted after the movement to the new site.
2. PAPs should not trespass the area allocated for Phase I of the project.
Management Structure of the Alternative Site
Tema Metropolitan Assembly
Site Management Committee
Kpone Stone Quarry
Association Executives
KSQA Group
Leaders
KSQA Group
Leaders
KSQA Group
Leaders
50
Annex 3: Relocation Agreement
TMA LANDFILL PROJECT
RELOCATION AGREEMENT
THIS RELOCATION AGREEMENT is made this ………………..day of
……………………..……2009
BETWEEN The Tema Metropolitan Assembly (TMA) hereinafter referred to as “the
Assembly” which expression shall where the context requires include its successor in title
on one hand AND
MR./ MRS./ MISS./ REV.
…………………………………………………………………… of House
No……………………………………………, hereinafter referred to as “Project Affected
Person” on the other hand.
WHEREAS:
1. The Tema Metropolitan Assembly is the owner of the TMA Landfill Site.
2. The Project Affected Person is willing to take the ground space contained in the
site.
3. The TMA pays Disturbance Allowance of GH¢ 401.55 to eligible Project
Affected Persons.
NOW THEREFORE THIS AGREEMENT WITNESSES AS FOLLOWS;
As a member of the group of stone crackers currently working at the Kpone stone quarry
site who have been informed by Tema Metropolitan Assembly about the Sanitary Facility
which is going to be constructed in the area where I am now mining stones.
1. I understand the arrangements that have been made to take care of my movement
from where I am working to another place within the site.
PHOTOGRAGH
OF TENANT
51
2. It is my understanding that once the project site has been demarcated, and I have
been given an alternative site, I will move my business to the alternative site and
cease operations at the old site.
3. It will be illegal for me to enter the area marked out for the Landfill project.
4. I agree to abide by all the rules and regulations designed to ensure proper
management of the site.
5. I also agree that when the next phase of the project starts I will be required to
vacate the new site I will be given so that the project can be implemented.
IN WITNESSES WHEREOF THE PARTIES HEREIN HAVE SET THEIR HANDS
TO SEAL THE YEAR AND DAY FIRST ABOVE WRITTEN
SIGNED, SEALED AND DELIVERED BY
THE WITHIN-NAMED ASSEMBLY
REPRESENTED BY THE METROPOLITAN
CHIEF EXECUTIVE ----------------------------------------
---------
HON. KEMPES OFOSU-WARE IN THE METROPOLITAN CHIEF
EXECUTIVE
PRESENCE OF:
NAME:
ADDRESS:
OCCUPATION:
SIGNATURE;
SIGNED, SEALED AND DELIVERED BY
THE WITHIN-NAMED TENANT
………………………………………………… ---------------------------------
----------------
52
IN THE PRESENCE OF: PROJECT AFFECTED
PERSON
NAME:
ADDRESS:
OCCUPATION:
SIGNATURE:
53
Annex 4 GRIEVANCE FORM
1. Name of Complainant ( PAP)
……………………………………………………………………………………………
2. Address of Applicant----------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
-----------------
3. Application date----------------------------------------------------------------------------------------
4. Name of officer receiving grievance ---------------------------------------------------------------
5. Position of officer receiving grievance -------------------------------------------------------------
6. Type of grievance-------------------------------------------------------------------------------------
7. Details of grievance-----------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------
54
Annex 5 GRIEVANCE CLOSEOUT FORM
1. Detailed evaluation of the case-----------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
--------------------------------
2. Possible corrective actions determined and discussed with complainant ----------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
--------------------------------------------
3. Corrective steps taken---------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
---------------------------------
4. Timeframe for completion----------------------------------------------------------------------------
------
5. Responsible agent/agency implement---------------------------------------------------------------
----
6. Acceptance by PAP
a. I ---------------------------------------------------------------------- accept the corrective
measures proposed to remedy my grievance.
b. I ------------------------------------------------------------------- do not accept the corrective
measures proposed to remedy my grievance.
7. Additional corrective measures----------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
---------------------------------
8. Acceptance by PAP
a. I ----------------------------------------------------------------- accept the corrective measures
proposed to remedy my grievance.
b. I ------------------------------------------------------------------ do not accept the corrective
measures proposed to remedy my grievance.
55
Annex 6 Operating Tools and Equipment
Several tools are used in quarrying rocks at the Kpone site. These are presented in Plates 1 & 2
below.
Plates (1 & 2) Tool Name Unit Cost in Ghana
Cedis
Nr Per Worker
A Head pan 4 10
B Shovel 5 3
C Hoe 1.50 2
D Chisel (Thick & Slim) 7, 5 2
E Slim Bar 15 1
F Heavy Duty bar 35 1
G Hand gloves 1 1
H Breaking hammer 2 2
I Medium moor hammer 25 1
J Large moor hammer 35 1
Table 1: List and cost of tools used at the Kpone quarry
Source: Kpone Stone Quarry Association
A
G
B
E
E
56
Plate 1(above) & 2 (below): Typical tools/equipment used at the Kpone quarry
57
Annex 7 Socio-Economic Survey for Proposed Engineered Landfill – Kpone
Background Information of respondents Questionnaire No. …….
1. Gender: Male Female
2. Age: ……………………
3. Marital status: Married Unmarried Divorced Widowed
4.a How many people do you have in your household? ...........................................
b. Do you have any child or children? Yes No
If yes, how many? …………………………….
5. Which region do you come from?
a Volta ڤ d Upper East ڤ. g Ashanti . ڤ i. Central ڤ
b Upper West ڤ e. Brong Ahafo ڤ h. Northern ڤ j.Western ڤ
c. Greater Accra ڤ f. Eastern ڤ
6. What ethnic group do you belong? Akan Ga Eve Guan Hausa
Others (specify)....................
7. Which religion do you belong to?
No religion Christianity Islam Traditional religion others......
8. What is your highest educational level:
i. Primary level ڤ iv. Secondary/SSS ڤ
ii. Post-secondary ڤ v. Tertiary ڤ
iii. Middle school/JSS ڤ vi Commercial /Vocational/ Technical ڤ
vii. Koranic ڤ viii Others ………………….…
9. Where do you stay? Ashaiman Kpone Tema
Prampram Ningo Newtown Manhean Others ……….
10. What work do you do at the quarry site?
a. Quarry and sell stones b. Food vendor c. Blacksmith d. Others .........................
11. How long have you being doing this work (in # 6 above)? a.Less than one month b.
between 1- 1 year b.1- 2 years c.3 – 6 years d. above 6 years
12. How many months in a year do you work at the quarry site?.........................................
58
Information on Income
13. How much do you earn in a month at the site? i. < ¢ 100,000 ڤ ii ¢ 100,000-500,000 ڤ
iii.. ¢500,000-1,000,000 ڤ iv above ¢1,000,000ڤ
14. a.Do you do any other work apart from working at the quarry site? Yes No
If yes, what other work do you do?........................................
b. How much do you earn from this other job (mentioned above)..............
15.Would you leave this job for any other work, if given the opportunity?
Yes No
Why?…………………………………………………………………………….….
………………………………………………………………………….………………….
…………………………………………………………………………………………….
……………………………………………………………………………………………..
16. What are you willing to accept in order to stop working at the quarry?
………………………………………………………………………………….
Public Health
17.Are you aware of any health problem/disease(s) that could affect you, while working at the
quarry? Yes No
If yes, what is/are they? Malaria Headache Bodily pains Eye injury
Others (specify) ...................................…………………………….……………...............
………………………………………………………………………………………………
18a. Have you had any of these health problems/disease(s), since you started working here?
Yes No
If yes, how did you treat or cure yourself?
i. Visited a drug store ii. Herbalist/Traditional medicine iii. Hospital
iv. Drug hawkers v. Others (specify)……………………………………….……….
…………………………………………………………………………………………….
…………………………………………………………………………………………….
59
b. Is there any relation between your health problem/disease and your work at this site? Yes
No
If yes, who advised you so?………………………………………………….
19. a Do you protect yourself from physical injury while working at the site?
Yes No
b. If yes, what do you use for protection?
Nose masks Eye Goggles Boots hand gloves others………...
…………………………………………………………………………………………….
c. If no, why not?………………………………………….................................................
……………………………………………………………………………………………..
Others
20. Are you aware of plans by GFZB/TMA to use the quarry as a waste disposal facility? Yes
No
21. In what way will it affect you when the quarry is finally closed
down?……………………………………………………………………………………..
…………………………………………………………………………………………….
…………………………………………………………………………………………….
…………………………………………………………………………………………….
22. Do you have any other concerns about the development of the new landfill by the
GFZB/TMA?
Yes No
If yes, what are your concerns?…………………………………………………………
……………………………………………………………………………………………..
……………………………………………………………………………………………..
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60
Annex 8 Records of Consultations
LIST OF PARTICIPANTS AT FEEDBACK WITH KPONE STONE
QUARRY ASSOCIATION 16TH
NOVEMBER 2009
VENUE: TEMA LANDFILL SITE
START TIME………………………………
END TIME:………………………
# NAME DEPARTME
NT
DESIGNATION/PO
SITION
PHONE
NUMBER
ADDRESS
1 KEMPES
OFOSUWAR
E
T.M.A MCE
2 KWAKU
AKPOTOSU
T.M.A MCD
3 KOFI
HOWARD
PCU –
MLGRD
TECH.CO –
ORDINATOR
021-514740 Khowardelgpcu.or
g
4 KINGSFORD
AMOAKO
T.M.A MFO 0244152758 kingsfordamoako@hot
mail.com
5 AFSHAN
KHAWAJA
WORLD
BANK
SENIOR – SOCIAL
DEV. SPECIALIST
zkhawaja@worldbank.
org
6 ESTHER
SIMTIM -
WISSAH
T.M.A ASSEMBLY
MEMBER
0277456664 [email protected]
m
7 NORAH
N.YEBOAH
T.M.A CHIEF REV. SUPT 0246152222 [email protected]
8 ABAKA-
YANKSON,
EBBIN
SAL
CONSULT
ASSISTANT
CONSULTANT
0277180079 ebbinabakayankson@y
ahoo.com
9 HOPE .N.
SEGBEFIA
T.M.A LANDFILL
SUPERVISOR
0208137566
1
0
SOLOMON
DAWUTEY
MDC ENGINEER 0246852367 solomondawutey@yah
oo.com
1
1
JUSTICE
MINTAH
MDC ENGINEER 0244208192 [email protected]
1
2
JOHN
DZOBOKLE
T.M.A SNR.
ACCOUNTANT
0244609083 [email protected],
61
LIST OF PARTICIPANTS AT FEEDBACK MEETING WITH KPONE
STONE QUARRY ASSOCIATION 16TH
NOVEMBER 2009
VENUE: TEMA LANDFILL SITE
START TIME: 11:45……… ENDTIME: 12:43PM…………..
# NAME DEPARTM
ENT
DESIGNATION
/POSITION
PHONE
NUMBER
ADDRESS
1 JOHN K. SIABI K.S.Q.A CHAIRMAN 0249543036
2 DAVID
BOATENG
K.S.Q.A 2ND
CHAIRMAN 0242266647
3 DAUDHA
T.AGBEKEY
K.S.Q.A SECRETARY 0277475912 Terddy2@yaho
o.com
4 GODWIN
OTCHIE
K.S.Q.A ADVISOR 0241572074
5 SAMUEL
KLOKPA
K.S.Q.A TASK FORCE
(ABICOM)
0272808868,
0243653425
6 MAWULI
SUGLO
K.S.Q.A FINANCE
SECRETARY
0243151740
7 SAMUEL
CUDJOE
K.S.Q.A TASK FORCE
SECRETARY
0241973082
8 CHRISTOPHE
R OTENG
K.S.Q.A TASK FORCE
MEMBER
0541398236
9 WILLIAM
AFLO
K.S.Q.A ZONAL LEADER 0244054623
10 VICTOR DUFE K.S.Q.A ZONAL LEADER 0244116547
11 DAVID DZRE K.S.Q.A ZONAL LEADER 0243436503
62
MINUTES OF MEETING HELD WITH THE EXECUTIVE MEMBERS OF THE
KPONE STONE QUARRY ASSOCIATION ON 16TH
NOVEMBER 2009 TO RECEIVE
FEEDBACK ON DRAFT RESETTLEMENT ACTION PLAN
The meeting begun at 11.45 am with a prayer by Mr. Samuel Klokpa of the Kpone Stone Quarry
Association (KSQA). The MC, Mrs. Alice Addai-Yeboah introduced herself and asked the rest
of us to introduce ourselves. There were the Metropolitan Chief Executive Officer of Tema
Metropolitan Assembly with his entourage as well as representatives from the World Bank, the
PCU; the landfill management committee and the design consultants, MDC. A full list of
participants shall be attached.
Alice gave a summary of the RAP discussing issues such as the cut-off date; the identification of
an alternative site for the stone crackers to continue their livelihood activities; the site
management plan that will govern the use of the alternative site and the internal and external
monitoring be done by TMA and PCU respectively. She also explained the grievance redress
mechanism.
FEEDBACK
The secretary of the KSQA raised concerns about the suitability of the proposed site:
Q 1. Will the new area be sufficient for all stone crackers to get work sections since some parts
of the area are water logged?
Ans: The Metropolitan Chief Executive said there will be a joint team of TMA, KSQA members
and engineers at the site to do the exploration for an alternative site. And also there will be
enough time for site assessment.
MDC said they will come with surveyors and engineers, and input will be sought from KSQA
members.
Q 2. The secretary of the KSQA continued that, the disturbance allowance is too small and that
they would like something that can help them start something.
Mr. Samuel Klokpa said some sites may need preparation before stones can be cracked hence
they wish the disturbance allowance which is for one month be made for two or three months.
Ans: MC said the amount is for work group leader only. The money is for disturbance and
inconvenience.
Mr. Xorla, TMA said the new site may be so fruitful that there will be no break of work.
KSQA member said surface gravel needs to be taken off before stone will be reached. Engineers
should remove the gravel.
Mr. Xorla again said, if TMA removes gravel, it must be stockpiled and site preparation material
can be scooped and stored.
Any problem- Additional cost in scooping top soil, MDC will discuss with PCU/TMA.
Mr. Xorla assured KSQA members that they may not all have to move. They may just have to
share.
Howard: Moving PAPs is to ensure occupational safety.
Phase I will take mostly area closer to the road so not too many
Chairman, KSQA: Since the cut –off date was 4 years ago, many people have joined, others were
not enumerated. New entrants are using up some of the space. What can be done for the new
entrants?
Mr. Xorla, TMA asked if some members haven‟t migrated or died.
MC: Additional names cannot be written.
63
TMA can‟t the people be put in place of those no longer here?
MC: What if the exchange exceeds 1000, we have to pay those registered first and if there is
some left then we decide what to do.
Mr. Amoako, TMA: Always fear of losing one‟s business. Dump site is a healthy, safety hazard.
RAP is to ensure that no one loses. If one has 10metres now to himself, he may need to share it
with the others. The educated ones may get a job with Landfill so let us look at the bigger
picture. Let‟s co-operate as the money is not sufficient. Let agree to compromise to not develop a
problem as in Accra. Contamination from Oblogo.
TMA: Usually projects breed discontent. Compensation package had input from KSQA, so
please accept.
Vote of thanks was by KSQA member.
MC admonished KSQA members present to inform their members and workers so they will
know what is happening.
Thanks to TMA, MCE, WB, gratitude for time etc.
Closing prayer
