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PROJECT: ACCRA URBAN TRANSPORT PROJECT PHASE 1

COUNTRY: GHANA

SUMMARY OF THE FULL RESETLEMENT ACTION PLAN

Appraisal Team

Team Leader: M. T. Wadda-Senghore, Principal Transport Engineer,

GHFO/OITC1

Team Members: S. E Akyea, Senior Transport Engineer, GHFO/OITC1

M. Kinane, Principal Environmentalist, ONEC3

J. D. Tonato, Chief Urban Development Officer, OITC0

F.K. Koroma, Financial Mgt Specialist, GHFO/ORPF2

D. Osei-Boakye, Procurement Officer, GHFO/ORPF1,

Mrs. Efua Amissah-Arthur, Social Development

Specialist, GHFO

Mr Jeff Turner, Gender Specialist Consultant, SEOG

Mr. Peter Ofori-Asumadu, Transport Economist,

Consultant, OITC.

Sector Director: A. Oumarou

Regional Director (ORWA): A. Bernoussi, (Acting)

Sector Manager (OITC1): J. K. Kabanguka

Country Manager (Ghana): M. Akin-Olugbade

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Project Title: Accra Urban Transport Project phase 1 SAP Code: P-GH-DB0-017

Country: Ghana Department: OITC

Division: OITC

1. Introduction

The Accra Urban Transport Project (AUTP) Phase 1 will affect more than 200 people. In line with

the requirements of the African Development Bank (AfDB) and the Government of Ghana (GoG)

a Full Resettlement Action Plan (RAP) has been prepared. This RAP summary provides highlights

on project description; the project location and affected sites; objectives of Resettlement Action

Plan; public consultations; legal and institutional framework; social economic survey and PAP

census; eligibility criteria; potential impacts and mitigation measures; income restoration program;

implementation arrangements; implementation process; RAP implementation activities and

schedule; grievance redress mechanism; costs and budget; monitoring and evaluation mechanisms.

2. Description of the project, project area and area of influence

2.1 Project description

This project focuses on improving urban mobility in the Greater Accra Region and entails

construction of an interchange at Pokuase connecting with the Bank financed Awoshie-Pokuase

road; with planned community works, specially providing institutional and technical responses

that will help inclusive urban development, and sustainable improvement of living conditions of

the people impacted by the project. The purpose of this intervention is also to promote better

management at the levels of national and local governments, both in terms of strategic planning,

internal organization in the areas of programming, implementation and maintenance of local public

investments. The Project components are presented in the table 1 below. The total project cost is

69 million USD, which will be funded by the GoG and the Bank.

Table 1: Project Components

Project Description

A) Upgrade urban mobility and planning tools for Greater Accra Region: (i) Construction of an

interchange at Pokuase; (ii) construction of 10 km local roads; (iii) Environmental and Social mitigation

measures

B) Improvement of urban public services delivery for the Local Community: (i) Provision of IT

equipment to all the 14 schools (3 new and 13 already constructed under the Awoshie-Pokuase Project) as

well as IT training programme for girls in primary to junior high school; (viii) Support to the local

women’s groups to enhance & boost their activities.

C)

Institutional Support: this component focuses on supporting and enhancing the performance of the

Executing Agency (the Department of Urban Roads - DUR), Project Coordination Unit (PCU) and the

Local Assembly (Ga West Municipal Assembly)

D) Project Management: to ensure good management and monitoring of implementation: (i)Supervision

services for the urban transport main civil works described above; (ii) Development of an Urban

Development Master Plan for the Greater Accra region; (iii) Monitoring and Evaluation of project’s

socioeconomic impact; (iv) Road Safety: Audit, Monitoring and Sensitisation; (v) Documentary Video of

Bank funded Transport projects in Ghana; (vi) Technical Audit; (vii) Financial Audit.

Source: PCN, September 2015

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The proposed project seeks to provide integrated solutions to urban development in Accra, one of

the main challenges of Ghana’s Transportation Sector. This objective is influenced by the Sector

Medium-Term Development Plan (SMTDP) 2014-2017 for the two Transport sector Ministries

and the Ghana Shared Growth and Development Agenda (GSGDA). The vision for these national

policy documents for the transport sector of Ghana is to provide “An integrated, efficient, cost-

effective and sustainable transportation system responsive to the needs of society, supporting

growth and poverty reduction and capable of establishing and maintaining Ghana as a

transportation hub of West Africa”.

2.2 Description of the project’s area of influence

Project area of direct influence: For the local road, a width of 7 m has been considered for the

assessment of project’s impacts. For the interchange, a radius of 200 m has been considered from

the center for the said assessment.

Extended area of influence: The site for the proposed projects falls under the jurisdiction of the

Ga-West, Ga East and Ga Central Municipal Assemblies and is bounded by seven main

communities; Pokuase, Ayawaso Amasaman, Amamorley, Ofankor, Anyaa and Kwabenya.

Whereas Pokuase, Ayawaso Amasaman, Amamorley, Ofankor are located in the Ga West

Municipal Assembly, the Kwabenya community falls under the Ga East Municipal Assembly and

Anyaa under Ga Central Municipal Assembly.

Demography: The total population of the three (3) municipalities was estimated to be six hundred

and thirty nine thousand, six hundred and thirty (639, 630) according to the 2010 Population and

Housing Census (table 2). Generally, females were estimated to be more than their male

counterparts, comprising three hundred and twenty six thousand, three hundred and twenty four

females (326,324 or 51%) and three hundred and thirteen thousand, three hundred and three males

(313,306 or 49%). Among all, Ga West had the highest population of two hundred and sixty two

thousand, seven hundred and forty two (262,742) whilst Ga Central had the least population size

of one hundred and seventeen thousand, two hundred and twenty (117,220).

Table: 2 population Size of the Studied Communities

Municipal Community Male Female

Total Freq % Freq %

Ga West

Amasaman 1,659 50.2 1,646 49.8 3,305

Pokuase 7,142 50.2 7,081 49.8 14,223

Ayawaso 2,735 49.5 2,792 50.5 5,527

Amamorley 1,492 50.4 1,469 49.6 2,961

Ofankor 12,138 49.6 12,323 50.4 24,461

Ga Central Anyaa 23,469 48.9 24,492 51.1 47,961

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Ga East Kwabenya 653 51 627 49 1,280

Source: GSS, 2010 PHC

Socioeconomic activities: The Ga West municipality has three major economic sectors consisting

agriculture, industry and commerce. The main agricultural activities include cassava cultivation,

fishing and pineapple production whilst commerce is mainly small/ medium scale trading. There

are four main economic activities in the Ga East municipality which are industry, service,

commerce and agriculture. The industry sector can boast of establishments such as the Guinness

Ghana Breweries Limited (ABC) and Phyto Riker (GIHOC) Pharmaceuticals at New Achimota;

Trasaacco Limited, Micheletti Company and Royal Aluminum Company around Pantang and

many others.

3. Potential impacts

From baseline information gathered at the fieldwork phase and issues that transpired during the

consultation with stakeholders, the impacts of the project particularly during the construction

phase are assessed below.

3.1 Potential Positive Impacts during construction Phase and operation

The project is expected to create opportunities in terms of Employment and Income generation

for both skilled and unskilled labour. The presence of a labour force will also increase economic

and employment opportunities for residents through the sale of goods (such as food/drink, crafts,

wood etc.) and other services. The project will also increase revenue for the Municipal

Assembly. During the construction phase, material sourcing and transport will bring some revenue

to the assembly. During operation, the project would lead to an overall upgrading of the

socioeconomic setting of the area. The project would impact positively on the regional economy,

as accessibility and commercial activities would be enhanced thereby facilitating regional

economic integration. Access to services and facilities should be improved in the long-term

through greater reliability and, possibly increased availability of public transport. Public and

private transport opportunities should improve because of faster travel speeds, reduced frequency

of breakdown, and lower maintenance costs. Road Safety, Accidents and Comfort: In view of

the high volume of pedestrians in the vicinity of the proposed interchange, the issue of facilities

for pedestrians has been included in the design to cater for their needs. The design also seeks to

eliminate the steepness or poor vertical alignment that is experienced at The ACP junction, thereby

reducing the occurrence of vehicular accidents at that point. Vehicle Operating and

Transportation Costs: The project has potential to benefit road users through reduced vehicle

maintenance costs and delays. Improvement in Traffic Congestion: The development of the

interchange is expected to deal with the potential bottleneck on the Accra- Kumasi Highway

that will arise from the construction of the Awoshie-Pokuase road. An interchange will ensure

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uninterrupted flow of traffic on the Accra-Kumasi road as well as between Pokuase ACP and

Awoshie.

3.2 Potential Negative Impacts during Construction Phase and operation

The largest impact on water quality is expected to be on the Sunkwa Stream. Road construction

will intensify the effects of natural soil erosion due to vegetation removal, soil disturbance, and

exposure of bare soil surface. Major air pollutants (dust, gaseous emissions and particulate

matter) impact on air quality. Dust pollution from construction activities will however cease in the

operation phase. Uninterrupted movement of heavy and light vehicles may cause increase in

ambient noise and vibration levels on the project road. Landscape Modification: Excavations

quarry and borrow materials stockpiling as well as the parking of construction equipment are also

expected to take place during the construction phase. Travelers and commuters may experience

possible inconvenience on the road diversions during the construction period. Solid wastes

(excavated materials, domestic solid waste), and liquid wastes would be generated whilst

rehabilitating the road. Poor sanitation and solid waste disposal in construction camps and work

sites are likely to have negative impacts on human health and the environment. Construction of

the interchange is likely to result in the temporary disruption in utility supply to areas along the

project road as well as others serviced by these lines. Disturbance to Guako Sacred Grove: The

project zone is located close to the Guako Sacred Grove. The project will encroach on about 0.096

ha of the forest land. Within the ROW, a total of three hundred and twenty three (323) Project

Affected Persons (PAPs) were identified for both the 10 km Local Roads Upgrade and the

Pokuase Interchange Project. This was made up of 144 PAPs identified on the Pokuase Interchange

Project and 179 PAPs on the 10 Km Local Roads Upgrade. The affected assets are: (i) 100

sandcrete structure single storey container/shed/wooden structure or multistorey; (ii) 101

containers; (iii) 13 walls; (iv) 24 kiosks; (v) 41 sheds; (vi) 27 wooden structures. Those structures

are used as residences, shops, multi-use, etc. In addition two unions will be affected namely, the

taxi drivers and water tankers. Conflicts will occur between the pedestrian traffic and the

activities at the working area.

During the operation phase several land use changes may occur which may lead to the loss of

the main objectives of easing traffic flow. Among the effects include: (i) Potential unplanned

developments along the corridors attracted by easy transportation; (ii) Increased demand for

residential, schools, recreation facilities and health facilities effects on public resources; (iii)

Potential increase in traffic flow and categories into the areas. Health, Safety and Security: The

construction of the interchange will allow higher traffic speed which may have subsequent impacts

such as potential increased road accidents as the road users adapt to new road use trends; (iii)

Potential immigration of business, institutions and residential facilities; (iv) Potential increased

demand on available sanitation and hygiene facilities along the corridors; (v) Increased chances

of higher infections and spread of HIV/AIDS and other communicable diseases. Interchange may

be used as event poster wall / board Churches, schools, politicians and other event organizers

for the past years had used foot bridges and interchanges in the country as event poster boards.

4. Organizational responsibility

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The Ministry of Roads and Highways is responsible for policy formulation in the road sector. It

has oversite responsibility for the three road agencies namely Ghana Highway Authority (GHA),

Department of Feeder Roads (DFR) and the Department of Urban Roads (DUR). DUR is the

executing agency for the construction of the interchange and its ancillary projects.

DUR is responsible for implementing the project, and will therefore implement and monitor the

RAP. The identification, referencing, sensitisation, registration as well as payment of PAPs will

be carried out by the DUR. DUR has an Environmental and Safeguards Unit, which is supported

by the accounts unit will pay all PAPs due compensation.

The Land Valuation Division (LVD) of the Lands Commission is the government agency with the

statutory institution responsible for the assessment and approval of compensation values in Ghana.

LVD will value the properties of all affected persons. They will also receive and verify

documentation on affected properties before the issuance of offer letters to PAPs for payment.

The Ministry is responsible for budgetary provisions for the money to be used for the pavement of

the compensation to the PAPs. DUR made allocation for payment of PAPs in its annual budget,

this amount will be released for the payment of compensation to all affected persons.

All the organisations have the personnel and capacity to carry out their various responsibilities for

the implementation of the project.

5. Community participation

An effective resettlement planning requires continuous participation and thorough consultations

with a wide range of project affected persons and stakeholders in the general area of the project.

These include individuals or groups who will be positively or negatively affected by the project

including potential host communities. Comprehensive consultations have been held with various

stakeholders and the project affected persons from the reconnaissance stage through the public

consultations, the project affected persons census along the road; a socio-economic survey and an

assets inventory.

5.1 PAPs consultation as part of the initial ESIA and ARAP

As part of the preparation of the Abbreviated Resettlement Action Plan1 (which was not taking

into account the local roads), discussions were held in 2013 with the PAPs and relevant

stakeholders. Meetings were held with the government officials and other opinion leaders among

the community to sensitize the on the project and its effect on social-economic aspect of the

community.

The purpose was to collect and collate the opinions as part of the public/community participation

process and project design. The discussions centred on issues such as: (i) Impact of the proposed

interchange project works on the livelihood of household; (ii) land take; (iv) valuation procedures

and compensation issues. During these meetings about 90 PAPs were consulted including food

vendors mostly women, mechanics, water tankers and taxi drivers, etc.

1 The initial design (without the local roads) of the project was going to affect less than 200 people.

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As much as all the PAP appreciate and are supportive to the project, they also had concerns.

Vehicle Operators (taxis and water tankers) and Petty Traders on site were concerned by : (i) Land

take and Disruption of Livelihood as result of the proposed Project; (ii) Traffic Disruptions; (iii)

Provision of parking area for taxi drivers; (iv) delays in payment of compensation.

The PAPs were assured that GoG will take all necessary measures to ensure that the compensation

is expedite. It was indicated, that the cut-off date will be notified to them formally in due course.

5.2 PAPs consultation as part of the current ESIA and RAP

Prior to carryout the second round of the socioeconomic survey, meetings were held with the

government officials and project affected people to sensitize them on the project and discuss the

various potential impacts. The issue of the PAPs as a result of the project was highlighted and

participants appraised on the mitigation measures available by the project.

The process of carrying out the assessment of their assets was also explained to create awareness

and form a basis for subsequent discussions. Public consultations were held at various locations as

determined by administrative boundaries for ease of administration and management of the

stakeholder’s composition and record keeping for future reference and analysis. Community

members including PAPs were consulted as follow:

Pokuase on November 28, 2014 and June 16, 2015;

Ayawaso on November 27, 2014 and June 19, 2015;

Amasaman June 17, 2015;

Amamorley June 18, 2015 and

Kwabenya November 27, 2014.

Most of the PAP have been consulted also individually through a questionnaire on a one on one

basis. In addition to the compensation . The preferred mode of compensation is cash

compensation for more than 66% of the PAPs (table 3).

Table 3: Preferred Mode of Compensation

Mode of Compensation Male Female Total

Freq % Freq % Freq %

Cash compensation 111 34.4 104 32.2 215 66.6

Resettlement at a place of my choice 16 5.0 16 5.0 32 9.9

Replace Affected part of the structure 3 0.9 6 1.9 9 2.8

Resettlement and Cash Compensation 27 8.4 36 11.1 63 19.5

Government should decide 1 0.3 1 0.3

Can't tell 3 0.9 3 0.9

Total 158 48.9 165 51.1 323 100

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5.3. Conclusions and recommendations

Community members from Pokuase, Ayawaso and Kwabenya made their inputs into the

discussions about the project and the RAP. Some of the concerns raised prompt payment of

adequate compensation; Alternative provisions for Taxi and Tanker Drivers; Employment

opportunities for the locals should be ensured (they highlighted the need for the contractor to

include job quotas for locals), preservation of cultural/religious properties, making the project

design disability friendly and the need to involve the municipal assembly in the implementation

process. The PAPs urged that at least six (6) months grace period should be given to them to

organize and vacate the proposed area after they have been compensated.

The opinion leaders indicated that there are some customs and traditions which must be observed

by the contractors before construction begins. In Pokuase for instance, the community frowns on

behaviour such as adultery and defecating in the bush. It is also against their traditions to fetch

water from the Nsaki and Sunkwa rivers on Sundays. They advised that proper rites and

pacification be initiated before construction begins. It was also noted in Ayawaso that Shrines such

as the Asafo, Okai Kwei, Omanye, Opobi and Obuade River are located in the forest around the

Ayawaso palace and nobody is allowed to go there on Saturdays. The Obuade River is a clean

river which serves as a source of water supply for the community and therefore entry into the river

with slippers is not allowed.

The community folks advised that a well-qualified contractor should be assigned to the project.

Work must be completed on time to avoid continuous traffic, dust and congestion at the proposed

project site. Also, in the event of road diversions, there is the need for police presence to ensure

that drivers adhere or use the approved road diversions to prevent traffic. The affected persons

were mainly concerned about resettlement. They envisaged that the project will affect their

operations in that they will have to move from their current locations. They indicated that there

are alternative lands in the municipality where they can be relocated to continue their operations.

This can be done through negotiation with the Ga West Municipal Assembly. Also, the ACP

Tanker Drivers Association suggested that they could be contracted to supply water for the project

during the construction phase. In addition, to driving, the drivers said they have individual skills

such as carpentry, masonry, plumbing; steel bending etc. that can be relevant to the project.

The cutoff date after which no persons will be included in the enumeration as PAPs is 12th

December, 2014 for affected persons located at the interchange and 31 July 2015, for the local

roads PAPs. This has been formally notified to the PAPs.

6. Integration with host communities

No PAP is expected to be resettlement outside the community where they are currently. The taxi

drivers will be relocated in a terminal less than 1 km away from where they operate currently.

7. Socio-economic studies

7.1 Socioeconomic characteristics

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Findings of Socio-economic studies conducted in the project area and among the Project Affected

Persons are highlighted in the RAP and shows that the sites for the proposed projects fall under

the authority of the Ga-West, Ga East and Ga Central Municipal Assemblies and is surrounded by

seven main communities; Pokuase, Ayawaso, Amamorley, Amasaman, Ofankor Anyaa and

Kwabenya. Whilst Pokuase, Ayawaso Amasaman, Amamorley, Ofankor are located in the Ga

West Municipal Assembly, the Kwabenya community falls under the Ga East Municipal Assembly

and Anyaa under Ga Central Municipal Assembly.

The study revealed that the project sites are currently occupied by about three hundred and forty-

three (343) individual persons and two main transport unions made up of 41 taxi drivers and 40

water tanker drivers who are likely to be affected by the project. It was agreed with the unions that

the taxi drivers and water tankers will be treated as a group. The solution will not be individualized

as for the other PAPs but will be for the registered members at the time of the survey.

Among the respondents, 50.7 percent are females and the remaining 49.3 percent are males.

Slightly more than half (51.1%) of all respondents are between the ages of 20 and 40 years while

38.7 percent is also aged 41 – 60 years (figure 1). The largest proportion (48%) of PAPs have

Junior High School/Middle School Leaving Certificate (JHS/MSLC) level as their highest

educational level followed by 18.9 percent with Senior High School/Secondary School (SHS/Sec).

Majority (72.1%) of PAPs, comprising 35.9 percent males and 36.2 percent females, are married.

PAPs that are single constitute 13.9 percent (9% males and 5% females).

A little less than half (49.2%) of the PAPs have household sizes ranging from 4 – 6 persons (table

4), this is followed by the 7 – 9 persons range comprising 20.4 percent (10.5% males and 9.9%

females).

More than half of the PAPs (55.4%), made up of 26.9 percent males and 28.5 percent females are

going to be affected by the upgrading of community roads, work around the proposed project sites

whilst 44.6 percent are going to be affected by the interchange at Pokuase.

0,0

5,0

10,0

15,0

20,0

9,0

13,014,9

6,5

3,1 1,9 0,60,3

12,1

17,0

11,5

5,9

2,2 0,9 1,2

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AP

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Age of PAPs

Age and Sex of PAPs

Male

Female

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Table 4: Household size

Household Size Male Female Total

Freq % Freq % Freq %

1 - 3 25 7.7 31 9.6 56 17.3

4 - 6 79 24.5 80 24.8 159 49.2

7 - 9 34 10.5 32 9.9 66 20.4

10 - 12 10 3.1 9 2.8 19 5.9

13 - 15 3 0.9 2 0.6 5 1.5

16 + 1 0.3 1 0.3

No response 7 2.2 10 3.1 17 5.3

Total 158 48.9 165 51.1 323 100

About 28.5 percent of the PAPs (11.1% males and 17.3% females) work only at the current

location whilst 15.2 percent live there only. A further 6.2 percent females and 4.3 percent males

work as well as live there whilst 0.9 only own property at the location and 0.3 rent out property

there. In the area earmarked for the proposed interchange, PAPs comprised 44.6 percent of the

total: 34.1 percent only work there, 7.1 percent live there only whilst 3.4 percent live and work

there at the same time. Almost a third (32.5%) of respondents have an average turnover of

GH¢201-200 on a good day. Half of all the respondents with large businesses have an average

turnover of more than GH¢10,000 daily.

The structures likely to be affected by the proposed project include both permanent and temporary

ones. The permanent structures comprise sandcrete multi-storeys, sandcrete single storeys whilst

the temporary structures include sheds, metal containers of various sizes, kiosks of various sizes,

wooden structures combinations of all types. The structures are being used for residential, offices,

and shops. Whereas some have multiple uses, usage as shops accounted for the bulk of the total

structures. A vast majority (84.9%) of PAPs comprising 41 percent males and 43.9 percent females

own their structures. In all, there are five (5) PAPs (4 males and one female) who have bare plots

of land with no structure on it. In Pokuase and Ayawaso, the community leaders indicated that

there is alternative land available and one only has to contact the chief and follow the necessary

procedures to obtain it. In Kwabenya however, the community leaders said that there is no

alternative land available for affected persons to relocate to.

7.2 Vulnerability analysis

A recommended by the AfDB involuntary resettlement policy, particular attention should be paid

to the needs of disadvantaged groups among those displaced. This policy defines these groups as

‘’ Distinct groups of people that may suffer dis-proportionaly from project related activities (e.g.

female-headed households, children, elderly, ethnic, religious and linguistic minorities,

handicaps, etc.). A group has been included, namely PAPs renting and residing in temporary

structures. On this basis, a total of 52 PAPs are considered vulnerable and will require additional

support. This is made up 25 males and 27 females. This represents 16.1% of total PAPs (table 5).

Table 5: Number of PAPs who are Vulnerable

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Sex Freq %

Male 25 48.1

Female 27 51.9

Total 52 100.0

Given that some PAPs may find themselves in different subcategories, the assessment defined a

scale in terms of vulnerability: (i) vulnerable and; (ii) very vulnerable (table 6).

Table 6: Vulnerable Indicators

VULNERABILITY INDICATORS MALE FEMALE TOTAL

Freq % Freq % Freq %

Below Poverty level (less than US2 per day) 1 4 5 18 6 11.5

Elderly (60+years) 19 76 7 25 26 50.0

Widowed 0 6 22 6 11.5

Rented Temporary Structures 5 20 4 14.8 9 17.3

Elderly + Rented Temporary Structures 0 1 3.7 1 1.9

Elderly + Widowed 0 4 14.8 4 7.7

Total 25 100 27 100 52 100.0

Most of the vulnerable people are eldery of above 60 years (50%) followed by the PAPs renting

temporary structures (17%). There are 11.5% of that are considered venerable because they fall

below poverty level (table 7).

Table 7: Vulnerability Scale

Vulnerability Scale Vulnerability Indicators - Elderly Male Female Total

Freq % Freq % Freq %

Vulnerable Below Poverty level 1 4.0 5 18.5 6 11.5

Elderly 19 76.0 7 25.9 26 50.0

Rented Temporary Structures 5 20.0 4 14.8 9 17.3

Widowed 6 22.2 6 11.5

Vulnerable Total 25 100.0 22 81.5 47 90.4

Very Vulnerable Elderly + Rented Temporary Structures 1 3.7 1 1.9

Elderly + Widowed 4 14.8 4 7.7

Total Very Vulnerable 5 18.5 5 9.6

Grand Total 25 100.0 27 100.0 52 100.0

8. Legal framework, including mechanisms for conflict resolution and appeal

8.1 Ghanian laws

Ghanaian Law provides that involuntary acquisition of private property must be done in

accordance with laid down statutory procedures. The RAP was thus formulated based on several

legislative instruments of Ghana, principal among them being:

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The Constitution of the Republic of Ghana, 1992: As enshrined in the 1992 Constitution

of the Republic of Ghana, Article 20 provides for the protection from deprivation of property

that may be compulsorily taken possession of or acquired by the State unless the following

conditions are satisfied- No property of any description or interest in or right over any

property shall be compulsorily taken possession of or acquired by the State under specific

conditions.

State Lands Act (as amended): Act 125 (as amended) is the main enactment normally used

for compulsory acquisition. It provides that the President may by Executive Instrument (EI)

acquire any land for the public interest. The modalities for the acquisition are spelt out in the

Act and its Regulation – State Lands Regulation (1962) LI 230 and culminate in the

publication of an EI. Once the EI is published, the lands specified are deemed acquired and

vested in the President. Consequently all previous interests are extinguished. The Act

provides for compensation payment based on market or replacement values. Lump sum

compensation is prescribed under the Act. Cost of disturbance and other incidental expenses

or damages are to be considered in the award of compensation. A major limitation of Act

125 is that provision has not been made for public consultation and involvement in the

acquisition process. As effective consultation is crucial for project implementation, the

acquiring agency will conduct extensive consultation with the affected locations and with

other stakeholders at every stage of project implementation;

Administration of Lands Act 1962 Act 123: 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 the lands to manage stool lands in accordance with the provision of

the law. 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);

The Ghana Land Policy 1999: The Government of Ghana in 1999 put together the above

policy to serve as a broad framework and policy 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.

8.2 International applicable policies and requirements

The African Development Bank (AfDB) set outs five (5) main policy statements and operational

safeguards requirements that the Bank’s clients are expected to meet when addressing social and

environmental impacts and risks. These five operational safeguards (OS) are outlined as follows:

(i) OS 1: Environmental and Social Assessment; (ii) OS 2: Involuntary Resettlement: Land

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Acquisition, Population Displacement and Compensation; (iii) OS 3: Biodiversity and Ecosystem

Services; (iv) OS 4: Pollution Prevention and Control, Greenhouse Gases, Hazardous Materials

and Resource Efficiency; (v) OS 5: Labour Conditions, Health and Safety.

The OS-2 consolidates the policy commitments and requirements set out in the Bank’s policy on

involuntary resettlement, and it incorporates refinements designed to improve the operational

effectiveness of those requirements. In particular, it embraces comprehensive and forward-looking

notions of livelihood and assets, accounting for their social, cultural, and economic dimensions. It

also adopts a definition of community and common property that emphasizes the need to maintain

social cohesion, community structures, and the social interlinkages that common property

provides. The safeguard retains the requirement to provide compensation at full replacement cost;

reiterates the importance of a resettlement that improves standards of living, income earning

capacity, and overall means of livelihood; and emphasizes the need to ensure that social

considerations, such as gender, age, and stakes in the project outcome, do not disenfranchise

particular project-affected people.

8.3 Grievance Procedures

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 principles will be applied: (i) Provide straightforward and

accessible ways for affected persons to voice complaints or resolve any disputes that might arise

related to Project implementation; (ii) Seek solutions to any tensions and conflicts early on, to

avoid the use of a ‘firefighting’ approach; (iii) Identify and implement appropriate and mutually

acceptable actions to address complaints; (iv) Respond in a timely manner, and with sensitivity to

the needs of complainants; (v) Ensure that claimants are satisfied with outcomes of the corrective

actions, and maintain a dialogue with them to the extent possible; and (vi) Avoid resorting to higher

levels of adjudication, such as judicial proceedings, as much as possible.

All grievances will be received by the Grievance Committee (GC), through two designated PAP

representatives who are member of the Grievance Committee. The GC will have a membership of

seven (7) drawn from DUR, the Ga East and Ga West Municipal assemblies within which the

project falls. Three (3) PAPs will serve as the representatives for all the PAPs, one from each

community and one representative from an NGO will be selected to complete the GC team. The

GC will respond to any grievances that the PAPs may have during the RAP implementation.

There will be two contact people from the GC to attend to all complaints as the first step by

recording all complaints. The record will include name and contact of complainant, issue of

complaint, date and time and receiving officer. The complainant will verify that the complaint

lodged has been appropriately captured on the complaints sheet (to be designed and provided by

DUR Environmental Unit). The grievances most likely to occur during the implementation of the

RAP may include the following: (i) Disagreement over compensation amount assigned; (ii) Delays

in receiving compensation; (iii) Disagreement over asset ownership; (iv) Disagreement over

proportionate sharing of assets with joint ownership.

The Committee will meet fortnightly to consider all lodged complaints and propose measures to

address them. It is expected that all grievances would be addressed amicably at the committee

14

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 i.e. court of law and the committee

members will co-operate.

8.4 Grievance Procedures

The details of each grievance will be recorded on a Grievance Form, along with name and address

of the applicant, the application date, type of application, and the name of the officer receiving the

grievance. A sample form is presented in appendix ….. A database of recording grievances along

the lines described above will also be developed. In receiving the grievances of vulnerable affected

persons (e.g., women, those above 65, the illiterate, or the physically challenged), the DUR

Environmental Unit shall pay particular attention to any special needs, difficulties or concerns that

they may have. The steps for grievance redress are as follows:

Two (2) designated PAP representatives already serving on the GC shall receive

grievances/complaints for the attention of the Grievance Committee. The GC shall inform the

complainants on the status of their grievances within 7 days after the application.

If the grievance can be resolved by the GC (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 members shall

coordinate and consult with the relevant officials. In such cases, the time frame for the

determination of possible corrective actions shall be 15 days.

A complainant is allowed to procure the services of an independent valuer at no cost to the

PAP2, who would help that person determine an acceptable compensation. This can be

presented to the committee as a grievance.

The GC will investigate the complaints concerning processes

The Committee will communicate their proposed solution to the complainant and will also

forward to DUR PCU the complaint, the outcome of investigations and their

recommendations.

After the case has been evaluated in detail and the possible corrective actions determined, the

proposed solutions or corrective/preventive actions shall be discussed with the complainant.

PAPs that are entitled to compensation or additional compensation will receive their

entitlements from DUR Environmental Unit upon the recommendation of the Grievance

Committee.

Complaints that relate to the quantum of compensation will be referred to LVD to validate the

compensation rates with the accompanying independent valuation report clearly stating the

assumptions and rates used to arrive at compensation claims. The independent valuer of the

Complainant would be invited to meet the LVD on an agreed date to resolve the issues

involved in the disagreement. After negotiations, the LVD would communicate their

recommendations to the DUR Environmental Unit which would in turn inform the claimant

of the outcome.

If the said GC recommends payment of the claim, then the DUR Environmental Unit would

ensure that it is done before the structure under review is taken over.

2 The acquiring entity, i.e. DUR is required to pay for the expenses involved in the PAP engaging his/her own valuer.

15

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

his/her acceptance of the solution.

If the applicant remains dissatisfied with the outcome, additional corrective action will be

agreed on and carried out by the responsible party.

Whenever a complainant’s claim cannot be resolved satisfactorily, DUR Environmental Unit

will procure the services of an arbitrator to mediate between the complainant and said

committee. It is only after this mediation has failed that a claimant can then exercise the option

of going to Court, as provided under Section 20 under Chapter 5 of the Constitution of the

Republic of Ghana.

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.

9. Institutional framework

The Department of Urban Roads (DUR): The Department of Urban Roads, which is another

agency within the Ministry of Roads and Highways, is a civil service institution responsible for

the provision of roads other than trunk roads in the metropolitan areas. The DUR oversees the

overall impact implications on the other road networks, the Right-Of-Way and alignment issues

including utility co-ordination works and the interface between the north-west roads project.

The Land Valuation Division (LVD): The Land Valuation Division (LVD) was formally set up in

1986 to perform functions related to valuation of various properties for specified purposes and is

now a division of the Lands Commission. The LVD is accordingly the statutory agency responsible

for the processing of compensation claims on compulsory acquisitions. The LVD will be assisted

by DUR to identify and reference permanent and temporary structures and determine

compensation value. The compensation valuation list from the LVB is forwarded to the acquiring

agency for processing and payment.

The Municipal Assemblies: The Municipal Assemblies involved will play a significant role in the

implementation of resettlement schemes and also serve as media for public education and

community consultations. Some of the administrative structures of the Assemblies, that are, offices

of the Assembly member and the Unit Committees are normally used to inform and educate people

in the project area about the intended projects, their impact and proposed mitigation measures. The

Assembly members also act as witnesses during payment of Supplemental Assistance to PAPs.

Town and Country Planning Department (TCPD)The Department was set up, among others, to

ensure that developments are done in an orderly manner and that land use is maximized. It is

responsible for the preparation of layouts for towns and cities. The TCPD ensures that the ROW

is implemented according to the approved planning schemes on each road.

The Environmental Protection Agency (EPA): The EPA was charged with the duty of prescribing

standards and guidelines relating to environmental protection and/or pollution. Development of

16

road network is one of the undertakings that require the issuance of environmental permit before

construction can be done.

Utility Agencies: The utility companies that are likely to play a role in the resettlement schemes

are: the Electricity Company of Ghana (ECG), Urban Water Company Limited (UWCL) and the

mobile phone companies. These agencies at the appropriate times will disconnect and reconnect

customers to their services before and after relocation as the case may be. Special priority has to

be given to PAPs so that they are not treated as usual applicants for services to their new places.

10. Eligibility

10.1 Eligibility

Eligibility will be based on the category of losses suffered as at the cut-off date (which in the case

of the Pokuase Interchange project was December 12th 2014). The category of losses suffered will

be identified through the various interests and rights derived from customary laws, common law

and international conventions. Eligible persons are presented in the Entitlement Matrix below.

Within the purview of the requirements of Ghanaian law and the Bank, these people are those who:

Have legal rights to land, including customary and traditional rights;

do not have legal rights to land at the time of the census but have recognized rights of

enjoyment or certain claims to the land or property; and

Occupy land although they have no legal right to it.

The cutoff date after which no persons will be included in the enumeration as PAPs is 12th

December, 2014 for affected persons located at the interchange and 31 July 2015, for the local

roads PAPs.

10.2 Proof of Eligibility

The DUR and LVD will consider various forms of evidence as proof of eligibility. The proof of

eligibility will cover: affected persons with formal legal rights, documented in the form of land

title registration certificates, leasehold indentures, tenancy agreements, rent receipts, building and

planning permits, business operating licenses, and utility bills, among others, will be eligible.

However unprocessed/unregistered formal legal documents will not bar eligibility. Procedures for

confirming authenticity of any such documents are established by LVD. These affected persons

may also include house owners and owners of residential plots with no formal or recognized legal

rights. The criteria for establishing non-formal, undocumented, unrecognized claims to eligibility

are one’s (PAP’s) presence on the corridor during the PAP census survey which ended on July 31st

2015.

10.3 Entitlement matrix

The entitlement matrix captures (table 8) all affected parties, the characteristics of the impact, and

the types of compensation/reinstatement due them. Categories in this table overlap because those

17

being offered re-instatement fall into several groupings and the groupings tend to overlap. For

instance, some of the owners of permanent and temporary structures own land as well. Again,

some of the business operators also own property such as land or structures.

Table 8: Entitlement Matrix for Pokuase Interchange and 10km Internal Roads

Category SUB-Category Type of

Loss

Compensation

for Structure

Compensation

for Loss of Other

Assets

Compensation

for Loss of

Income

Moving

Allowance

Type of

Compensation

Residents/H

ouse/Land

owners

Owners of

structures

Structure/

Location

for

Structure

Replacement

cost for

immovable

facilities

Pay full cost of

removal and

fixing of

movables

Where

applicable

Coverage of

full cost for

the total

transport

expenses

for the

removal of

chattels

Compensatio

n for

demolished

structures or

civil

improvement

Owners of

Land

(residential

plots)

Land

Compensation

for land at

prevailing

market price

- Where

applicable

- Compensatio

n for lost

parcel of land

at full

replacement

cost

Tenants

(Residential

& Business)

Rental

Accommo

dation

Relocation to

New location

of similar type

With or without

documents PAP

will be paid

compensation to

enable

relocation

Coverage of

full cost for

the total

transport

expenses

Compensatio

n for

disturbance.

One year rent

advance for

same type of

accommodati

on

Business Artisans Loss of

business

location

-

Pay full cost of

removal and

fixing of

movables

Payments in

lieu of

business

profits while

relocating -

six months

Coverage of

full cost for

the total

transport

expenses

Compensatio

n for

demolished

structures or

civil

improvements

or

compensation

for relocation

of structures

11. Valuation of, and compensation for losses

Inspection and referencing of all land, buildings and other structures falling within ROW was

carried out between 18th and 23rd December 2014 and May 2015. The purpose of the inspection

and referencing of the affected properties was to collect the descriptive and other technical data on

the affected properties. Both the internal and external areas were thoroughly inspected, except the

areas which are not accessible. The existing Buildings were sketched and measurements taken of

all buildings and other structures.

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11.1 Data collection and analysis

Information from the Market were picked to assist in establishing appropriate Unit Rates for the

assessment of the affected Properties. Land Sales in the immediate vicinity of the subject

Properties, and similar neighbourhoods were also collected for Analysis. Capital Values of similar

properties were also obtained for analysis to derive both Unit Rates for Land and Capital Value of

the Properties. Construction Cost Data including prices of basic building materials and furnishes

were compiled from the Open Market for analysis and compilation of Unit Rates for the

assessment.

Basically, all the primary and secondary data collected were analyzed using computer applications

such as Microsoft Excel Database and AutoCAD to establish a database for the valuation of the

properties. Specific components to be completed include: (i) The preparation of measured

drawings of land and buildings to produce block plans; (ii) Preparation of schedule of

accommodation and computation of floor areas; schedules shall be prepared to show the

dimension, the gross internal and external areas of the accommodation; (iii) Lease documents, and

available correspondence shall be analyzed to find out the unexpired terms since they have a bearing

on the valuation.

11. 2 Valuation Methodology

Valuation for permanent structures: The Full Replacement Cost Method is what is used in this

FRAP for owners of permanent structures in line with Ghananian and the AfDB requirements. It

is based on the assumption that, the Capital Value of an existing development can be equated to

the cost of reinstating the development on the same plot at current labour, material and other

incidental costs; without any appropriate allowance for accrued depreciation with respect to

physical functional and economic obsolescence. The rationale behind this trend is to afford

affected owners the chance to replace their lost properties with new ones.

The first step shall be to establish the current Cost of Construction per square meter taking into

account the architectural design, building heights, layout, floor spaces, plot size, fittings and

fixtures and other physical attributes which have cost implications. The requisite information shall

be obtained by analyzing the Construction Cost of Properties comparable to the subject Property.

Necessary adjustments would be made to arrive at an appropriate rate for the subject Valuation.

An amount of external work shall be added to the Cost of “brick and mortar” depending on existing

development/improvements on the site.

Disturbance: In addition to the assessment of Land and Buildings, Disturbance will also be

assessed. Disturbance as interpreted under section 7 of the State Lands Act is the “reasonable

expenses incidental to any necessary change of residence or place of business”. By implication,

this represents the expense and other losses above the Value of Land and covers the expenses of

moving to alternative premises, cost incidental to removal such as loss of fixtures. In the case of

owner-occupiers of business, disturbance will in addition, cover the injury to the goodwill suffered

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by the removal to alternative premises, the Loss in Value, caused by the forced sale of stock, and

also the Loss of Profits. Another form of disturbance that will be added to the value of the

properties is professional fees for Valuers and Lawyers who may be engaged by the property

affected persons to advise them on their claims for compensation.

Containers/Kiosks: Payment of supplemental assistance to owners of temporary structures will

also be made. The assessment of Supplemental Assistance is based on the premise that Temporary

Structures could be moved and relocated. Anticipated cost of transporting/moving the structures

to the desired destination would be related to the size of the structure and assumed reasonable

location. In addition to the cost of moving the structure, all temporary structures which have

concrete/sandcrete bases will be assessed to include the concrete/sandcrete works.

Land valuation: The Value of Land shall be determined by comparing Market evidence on recent

sale of plots in the vicinity or similar neighbourhoods. The rate per acre/hectare shall be established

as a basis for assessing the Land Value for the subject Property taking into consideration the

differences in attributes between the subject Property and the comparable with regards to the

specific advantages of the location.

Supplemental assistance to vulnerable people: Each person falling into this category as defined

above will receive an additional amount. This additional amount will be equivalent to 15% and

20% of the value of the compensation to be provided, respectively for vulnerable and very

vulnerable persons.

12. Identification and selection of resettlement site, site preparation and relocation

PAPs will not have to be relocated on a specific relocation site. Therefore there are no particular

measures to be taken in this regard.

13. Environmental protection

Environmental protection will be ensured in accordance with the Environmental and Social

Management Plan (ESMP) contained in the Environmental and Social Impact Assessment.

14. Implementation schedules

RAP implementation activities, responsible agencies and the time frame are agreed as tabulated

below. The PAP implementation is proposed over a period of 15 months (table 9).

Table 9: Indicative implementation schedule

Task Responsible Agencies Time Frame

Approval of the RAP DUR, EPA 3rd week, December 2015

Disclosure of the RAP in the

project area

DUR Environmental Unit, municipal

assemblies

End of December 2015

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Task Responsible Agencies Time Frame

Formation of Grievance

Committee

DUR Environmental Unit, municipal

assemblies, PAPs

End of December 2015

Distribution of offer letters LVD , DUR Environmental Unit 2nd week, January 2016

Signing and submission of

Acceptance letters

PAPs 3rd week, January 2016

Payment of compensation Government of Ghana (Ministry of

Finance and Economic Planning), DUR

Environmental Unit

2nd week, February 2016

Assistance of the affected

population

DUR Environmental Unit, municipal

assemblies

End of February, 2016

Relocation of temporary structures PAPs, DUR Environmental Unit,

municipal officials

End of February, 2016

Demolition (Partially or fully) of

immovable structures

PAPs, DUR Environmental Unit,

municipal officials, Contractor

April, 2016

Submission of RAP

implementation report to AfDB

DUR Environmental Unit July, 2016

Monitoring and evaluation of the

living standards of the relocated

persons

DUR Environmental Unit,

NGO/Consultant

February-July, 2016

RAP completion audit report DUR Environmental Unit, Consultant,

municipal assemblies

November, 2016

15. Costs and budget

Funding of resettlement activities is incorporated into the project budget and will be provided by

the Government of Ghana. In total, it is estimated that resettlement on Pokuase Interchange will

cost three four million ninety seven thousand forty-seven and two hundred and forty seven Ghana

cedi (4,097,247 GHc). This is broken down in table 10 below. It is worth mentioning that the taxi

drivers and water tankers as treated as a group and not as individuals. The provision made are to

cover the cost of the relocation to new sites agreed with them.

Table 10: Estimated Cost of Resettlement

# Description Amount (GH¢)

1 Permanent Structures 757,870

2 Temporary Structures 163,900

3 Land (7 acres) 2,500,0003

4 Alternative site for the taxi drivers 200,000

5 Provision for supplemental assistance to vulnerable PAP 80,000

Sub Total 3,701,770

6 Water Tankers Cost of construction of a new water

abstraction point included in the works

7 Marking & Referencing of affected Properties (DUR) 3,000

8 Valuation of Property by Land Valuation Division 5,000

9 Survey of Land by Survey and Mapping Division 5,000

10 Grievance and Redress Committee 8,000

11 Sensitization Campaign 10,000

3 Prior to the beginning of the works, this section will be updated to take into account the PAPs that shall be compensated as part of the Awoshie Pokuase project.

21

Sub Total 23,000

Total 3,724,770

12 Monitoring and auditing and other implementation activities 372,477

Grand Total 4,097,247

16. Monitoring and evaluation

Project monitoring and evaluation will include internal and external monitoring, AfDB supervision

missions, a mid-term review and a final evaluation incorporating the completion report of the

implementing agencies.

DUR Environmental Unit will oversee the implementation program and make sure project

activities are executed on time. The objectives of the RAP will be regularly monitored and

evaluated to assess its relevance, efficiency and impact.

Basically, monitoring will ascertain that: (i) PAPs are successfully relocated and re-instated to

pre-project levels; (ii) difficulties facing PAPs in the new location are identified and addressed;

(iii) Record of experiences are kept for future reference; (iii) internal performance monitoring

milestones will enable DUR judge progress on the ground against indicators set out in the RAP;

(iv) Support for vulnerable groups is appropriately conducted; (v) All complaints are considered

and the deliberations made known.

Objective and verifiable indicators should be defined to ensure an effective and efficient

monitoring of the RAP. In this regard, the following indicators in the table 11 below can be used.

Before the beginning of the works DUR will update the RAP and its indicators where applicable.

Table 11: Monitoring indicators Monitoring

Parameter

Responsible Indicators / Period Performance Objectives

Participation PAP/DUR Number and type of PAPs

Number of PAPs taking part

Number of households and persons who

have been physically displaced due to

the construction of the right-of-way

All PAPs and their property have

been identified

Negotiation

and

compensation

PAP/LVD Nature and amount of compensation by

PAPs

Number of reports of agreements signed

All PAPs entitled to compensation

have been compensated

A consensus has been reached on

the compensation due all PAP

Moving and

resettlement

process

DUR/GWMA Number of PAPs made aware

Number of PAPs properly resettled

All PAPs to be resettled have so

been as planned

Resolution of

all legitimate

grievances

Grievance

Committee/Attorney

General/DUR

Number of conflicts

Types of conflicts

Reports of resolved cases (agreements)

(monthly)

All disputes have been resolved

amicably

Satisfaction of

PAPs

Grievance

Committee/DUR Number of PAPs made aware

Type of support granted

Number of PAPs satisfied

All PAPs are satisfied with the

resettlement conditions

The impact assessment will involve conducting a comparative analysis based on a baseline

situation study at project take-off, a situation study at mid-term and another at end of project. It

22

will be entrusted to an external competent entity in Ghana. Terms of reference for service delivery

will be developed for this purpose by the project management unit. An external audit of the

implementation of the RAP will be performed to verify the conformity of its implementation.

List of documents consulted

Environmental and Social Impact Assessment (ESIA) report, 2015

Social Impact Assessment report, 2015

Environmental and Social Management Plan (ESMP) report, 2015

Resettlement Action Plan report, 2015

For the African Development Bank

Mam Tut Wadda-Senghor, Principal Transport Engineer,

AfDB Ghana Office, E-mail: m.wadda@afdb.org

Modeste Kinane, Principal Environmental Specialist,

AfDB Headquarters, Cote d’Ivoire, E-mail: m.kinane@afdb.org