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LAND ACQUISITION COMPLETION REPORT FOR THE
BAJKAJ LANDFILL
AND HIMARA TRANSFER STATION.
(First version December, 2013; Final October, 2014)
VERIFICATION OF RESETTLEMENT ACTION PLAN (RAP),
ENTITLEMENTS DELIVERY AND DISPUTE RESOLUTION FOR
BAJKAJ - PALAVLI LANDFILL
AND HIMARA (VUMBLO) TRANSFER STATION.
Name of RAP Planner: Dr. Zef Preci
Address:
Gjon Pali II street, Tirana, ALBANIA
Telephone: + (042) 243-714
Fax: + (042) 274-603
E-mail: [email protected]
Duration of
involvement: 1-30 June, 2013 and 15-30 October, 2014
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2
ACRONYMS & ABBREVIATIONS
CoM Decree Council of Ministers Decree
FPD Forest and Pasture Department
ICZMCP Integrated Coastal Zone Management and Cleanup Project,
IPRO Immovable Property Registration Office
MEFWA Ministry of Environment, Forestry and Water Administration
MoAFCP Ministry of Agriculture, Food and Customer Protection
MoF Ministry of Finance
MoPWT Ministry of Public Works and Transport
MoUDT Ministry of Urban Development and Tourism
PAPs Project Affected People
PCU Project Coordination Unit
RAP Resettlement Action Plan
TS Transfer Station
3
CONTENTS
Acronyms & Abbreviations 2
1. EXECUTIVE SUMMARY ..................................................................................... 4
1.1 Bajkaj - Palavli Landfill ............................................................................... 4
1.2 Himara Transfer Station ............................................................................ 7
2. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION SCHEDULE .................... 8
2.1 Institutional Arrangements for Implementation ............................................ 8
2.2 Brief Description of Monitoring and other work carried out .......................... 11
2.3 Compensation ........................................................................................ 11
2.4 Legal Framework ................................................................................... 15
3. MONITORING AND EVALUATION ..................................................................... 17
3.1 Budget for RAP Implementation ................................................................ 18
3.2 Status of payments of compensation to affected families ............................. 18
3.3 Outstanding Issues Related to Payment of Compensation and Assistance ....... 18
3.4 Due diligence related to the Himara Transfer Station ................................. 188
3.5 Conclusion ............................................................................................. 19
Annex #1: List of Documents used for RAP Implementation ................................. 200
Annex #2: Council of ministers decisions on expropriation for Bajkaj landfill
construction and request for payment (MoF) ...................................................... 266
Annex #3: Confirmation of ownership status of Himara TS by Vlora IPRO .............. 377
Annex # 4: Location of Bajkaj Landfill and Himara TS ......................................... 388
4
1. EXECUTIVE SUMMARY
1.1. Bajkaj - Palavli Landfill
The construction of the Bajkaj - Palavli Landfill in the Commune of Vergo (administrative unit
of district of Delvine, Vlora region) financed through the World Bank- Integrated Coastal
Zone Management and Clean Up Project (ICZMCP), specifically, by IDA Credit, Grant of
Austrian Government and Albanian Government, required the acquisition of 3.23 hectares of
land affecting 21 plots and 20 land owners. In October 2012 the Government adopted a
Resettlement Action Plan (RAP)1
based on Albanian Regulations, the project’s Environmental
and Social Safeguard Framework (ESSF) of February 2010 2
, and the World Bank’s policy on
involuntary resettlement (WB OP 4.12).3
During the preparation of the RAP, a gap vis-a-vis
WB requirements regarding land valuation criteria was identified and corrective actions aimed
and increasing the amount of compensation were adopted by the Government through the
Council of Ministers’ Decision Nr. 541 dated June 13, 2013. The total estimated compensation
value was of 19,547,136 ALL (approximately US$ 193,920). The land was used for livestock
grazing, but no residences or other structures were present in the area and no physical
displacement of population was required. The RAP4’s baseline survey showed that revenue
from the land is not significant, as income streams of affected people are chiefly from
remittances and non-agricultural employment.
Even though land acquisition should had been completed before the commencement of the
construction process there were delays due to administrative requirements, including the
obligation of PAPs to provide full proof of the title property documentation. For this reason
the contractor accessed the land before compensations were paid which caused tensions ,
consequently work stoppages at the landfill site from November 2013 to February 2014.
Due to some discrepancies and inaccuracy on the number of properties to be expropriated,
Council of Ministers’ Decision Nr. 541 dated June 13, 2013 was amended, through Decision
No. 48, dated January 29, 2014. However, the situation was resolved in early February 2014,
compensation payments were made immediately to PAPs, which allowed the works to resume
in mid-February 2014. As of October 2014, 13 out of the 20 land owners have received
compensation in full and in the remaining seven cases the PAPs are either deceased or living
abroad, mostly in Greece. For all these pending cases, as per local law, the compensation
money has been set aside in a special escrow account and is available in case absentee PAPs or
1
RAP for Palavli-Bajkaj Landfill http://www-
wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/12/04/000386194_20121204005717/Rendered/PDF
/NonAsciiFileName0.pdf 2
ICZMP ESSF at http://www-
wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2010/03/02/000333038_20100302003450/Rendered/PDF
/E11410v80P0868070Box345602B01PUBLIC10.pdf 3
See RAP at http://www-
wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/12/04/000386194_20121204005717/Rendered/IND
EX/NonAsciiFileName0.txt
4Exchange Rate 1USD = 105 ALL, Source: Bank of Albania (December average):
http://www.bankofalbania.org/web/Kursi_i_Kembimit_2014_1.php
5
their legitimate heirs claim the payment. Efforts have been made to reach to those living abroad
or to inform the heirs about the procedure required for receiving payment. There is one case
of a family that is finalizing the legal inheritance procedure to be eligible for compensation.
There have been no new complaints or community opposition to the landfill construction has
been 90 % completed as of October 2014.
Table 1. Impact on plots in Palavli village as per RAP
No. Cadastral ID Name of owner Plot area
(m2) Area taken
(m2) % of plot
taken
1 663 Kadri Dauti 2,913 399 13.7
2 664 Petrit Dauti 952 239 25.1
3 665 Eqerem Dauti 2,845 773 27.2
4 666 Rabije Raça 907 356 39.2
5 667 Sihat Raça 875 310 35.4
6 668 Idriz Raça 1,337 528 39.5
7 669 Nesip Raça 1,227 679 55.3
8 670 Bastri Raça 4,102 2,076 50.6
9 671 Vesel Sinani 1,641 860 52.4
10 672 Nazie Sinani 1,775 1,009 56.8
11 673 Taip Sinani 1,710 1,076 62.9
12 676 Teki Dauti 2,657 1,286 48.4
13 677 Teki Dauti 5,973 2,752 46.1
14 678 Sinan Kuçi 892 892 100
15 679 Ago Kuçi 1,859 1,859 100
16 680 Nedin Kuçi 2,349 2,349 100
17 681 Shahin Haderi 7,123 7,123 100
18 683 Arif Haderi 6,164 3,404 55.2
19 725 Shpetim Dauti 2,237 22 1.0
20 726 Teno Dauti 2,363 2,215 93.7
21 727 Daut Alinani 2,334 2,113 90.5
Total 54,235 32,320
6
Table 1/1. Impact on plots in Palavli village (with number of plots corrected)
No Cadastral ID
Name of owner Plot area (m2)
Area taken (m2)
% of plot
taken
Compensation Paid (LEK)
as of January 2015
CoM Decision
1 663/1 Kadri Dauti 2,913 399 13.7 257,594 No. 48, 29.01.2014
2 664/1 Petrit Dauti 952 239 25.1 154,298 No. 48, 29.01.2014
3 665/1 Eqerem Dauti 2,845 773 27.2
4 666 Rabije Raça 907 356 39.2
5 667 Sihat Raça 875 310 35.4
6 668 Idriz Raça 1,337 528 39.5
7 669 Nesip Raça 1,227 679 55.3
8 670/1 Bastri Raça 4,102 2,076 50.6 1,340,265 No. 48, 29.01.2014
9 671/1 Vesel Sinani 1,641 860 52.4 544,240 No. 48, 29.01.2014
10 672/1 Nazie (Nafiz)
Sinani 1,775 1,009 56.8 651,410 No. 48, 29.01.2014
11 673/1 Taip Sinani 1,710 1,076 62.9 618,484 No. 48, 29.01.2014
12 676 Teki Dauti 2,657 1,286 48.4
13 677 Teki Dauti 5,973 2,752 46.1
14 678/1 Sinan Kuçi 892 892 100 549,405 No. 48, 29.01.2014
15 679 Ago Kuçi 1,859 1,859 100 1,200,170 No. 541, 13.06.2013
16 680/1 Nedin Kuçi 2,349 2,349 100 1,499,083
17 681 Shahin Haderi 7,123 7,123 100 4,598,609 No. 541, 13.06.2013
18 683/1 Arif Haderi 6,164 3,404 55.2 2,197,622 No. 48, 29.01.2014
19 725/1 Shpetim Dauti 2,237 22 1.00 14,203 No. 48, 29.01.2014
20 726 Teno Dauti 2,363 2,215 93.7 1,430,004 No. 48, 29.01.2014
21 727 Daut Alinani 2,334 2,113 90.5
Total 54,235 32,320 15,055,387
7
1.2 Himara Solid Waste Transfer Station (TS)
The ICZMCP also finances the construction of a solid waste transfer station (TS) at Himara
and the resettlement consultant was requested to verify that the acquisition of the land required
for the project did not cause involuntary displacement of population.
The site finally selected for the TS was chosen between three alternatives and it has advantages,
because: (i) it is away from inhabited areas, compared with previous proposal for TS, as it is
officially confirmed by the Mayor of Himara, specifically: 0.7 km air distance from the only
building on the right of the road to Kudhes’ village (the only building one story within 1000 m
perimeter); (ii) movement of trucks for waste transport to the Landfill will be limited in main
road, (iii) there will be smaller disturbance on underground water, flora and fauna, agriculture
and touristic activities and (iv) there is no plan foreseen for the development of the selected
area, even in long term (e.g: touristic infrastructure, industry, agriculture, park or landscape of a
special importance).
According to the information provided by the Municipality of Himara on February 2014 and in
the Environmental Impact Assessment (EIA) 5
for the transfer station dated May 2014, the
current location of the transfer station and the construction of a dedicated access road does not
generate the involuntary displacement of population because the area is not inhabited or used
and the land belongs to the Municipality.
5
EIA for the Himara Transfer Station http://www-
wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2014/05/21/000442464_20140521104205/Rendered/
PDF/E11410V90P086800Box385220B00PUBLIC0.pdf
8
2. INSTITUTIONAL ARRANGEMENTS AND
IMPLEMENTATION SCHEDULE
2.1 INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION
The following table indicates the main institutional arrangements for the RAP implementation:
9
Table 1. Institutional Arrangements for implementation
Key Items Main Responsible Institutions
1. Verification of ownership titles Expropriation Commission at the Ministry of Public Works and Transport
(MoPWT)
2. Registration and issue of ownership titles Expropriation Commission
3. Submission of the requests for expropriation and file Expropriation Commission
4. Signing the agreement Expropriation Commission at the MoPWT
5. The notification on expropriation was sent to the
PAPs and it was make public to the press Expropriation Commission/MoPWT
6. Grievances are filed and redressed Expropriation Commission
7. Completion of the expropriation case file Expropriation Commission
8. Submission of the proposal for expropriation Expropriation Commission
9. Decision on expropriation Council of Ministers Decree (CoM Decree)
10. Delivery of payments
MoF (based on the CoM decision, No. 541, dated June 13, 2013) and CoM
Decision No. 48, dated 29.1.2014, For some changes on CoM No. 541, dated
13.6.2013, “For the expropriation in public interest, of the owners of private
immovable property that are affected by the landfill “Bajkaj”.
10
11. The contract on civil works was signed on June
14, 2013 MoPWT
12. Civil Work started on July 2013
13. Liquidation for the project affected people by the
construction of the “Bajkaj” landfill, who have submitted
an application.
MoF (based on the Council of Minister Decreee No. 541, dated June 13, 2013)and
CoM Decision No. 48, dated 29.1.2014, For some changes on CoM No. 541,
dated 13.6.2013, “For the expropriation in public interest, of the owners of private
immovable property, that are affected by the landfill “Bajkaj”.
14. Monitoring the process Ministry of Urban Development and Tourism (MoUDT) and RAP Consultant
15. Himara TS site location change Himara Municipality
16. Public consultation regarding the TS site location change Himara Municipality
17. Information exchange about the new TS site and
surrounding infrastructure Himara Municipality
17. Getting clearance of Himara TS site ownership issues Himara Municipality, Ministry of Urban Development and Tourism, ICZMCP
Project and RAP planner
11
2.2 BRIEF DESCRIPTION OF MONITORING AND OTHER WORK CARRIED OUT
Following preliminary works, tasks which have been carried out by the RAP Planner regard-ing
the justification and finalization of the juridical investigation related to the project affected
people (PAPs) by the construction of Palavli-Bajkaj Landfill are:
1. Provision of legal assistance to the landowners/PAPs of Palavli-Bajkaj Landfill site;
2. Checking the existing legal documents for compliance with the normative legal acts;
3. Assessment of approaches to the situation of PAPs within the World Bank’s
Involuntary Resettlement Policy (OP 4.12);
4. Collection of appropriate documents related to the assignment (see the attached list of
documents);
5. Provision of appropriate assistance for the preparation of the relevant documents and
procedures for the resettlement process
2.3 COMPENSATION
The construction of the Palavli-Bajkaj Landfill in the Commune of Vergo (administrative unit
of district of Delvine, Vlora region) financed through the World Bank- Integrated Coastal
Zone Management Project (ICZMP), specifically, by IDA Credit, Grant of Austrian
Government and Albanian Government, required the acquisition of 3.23 hectares of land
affecting 21 plots and 20 land owners.
In October 2012 the Government adopted a Resettlement Action Plan (RAP)6
based on
Albanian Regulations, the project’s Environmental and Social Safeguard Framework (ESSF)
updated on February 2010 7
, and the World Bank’s policy on involuntary resettlement policy
(WB OP 4.12).8
During the preparation of the RAP, a gap vis-a-vis WB requirements
regarding land valuation criteria was identified and corrective actions aimed and increasing the
amount of compensation were adopted by the Government through the Council of Ministers’
Decision Nr. 541 dated June 13, 2013 (amended through Decision No. 48, dated January 29,
2014). The total estimated compensation value was of 19,547,136 ALL (approximately US$
193,920). The land was used for livestock grazing, but no residences or other structures were
present in the area and no physical displacement of population was required. The RAP9’s
6
RAP for Palavli-Bajkaj Landfill http://www-
wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/12/04/000386194_20121204005717/Rendered/PDF
/NonAsciiFileName0.pdf 7
ICZMP ESMF at http://www-
wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2010/03/02/000333038_20100302003450/Rendered/PDF
/E11410v80P0868070Box345602B01PUBLIC10.pdf 8
See RAP at http://www-
wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/12/04/000386194_20121204005717/Rendered/IND
EX/NonAsciiFileName0.txt
12
baseline survey showed that revenue from the land is not significant, as income streams of
affected people are chiefly from remittances and non-agricultural employment.
Even though land acquisition should had been completed before the commencement of the
construction process there were delays due to administrative requirements, including the
obligation of PAPs to provide full proof of the title property documentation. For this reason
the contractor accessed the land before compensations were paid, which caused tensions,
consequently work stoppages at the landfill site from November 2013 to February 2014.
However, the situation was resolved in early February 2014 (after amendment of Council of
Ministers’ Decision Nr. 541, dated June 13, 2013, through Decision No. 48, dated January 29,
2014), compensation payments were made immediately to PAPs, which allowed the works to
resume in mid-February 2014. As of October 2014, 13 out of the 20 land owners have
received compensation in full and in the remaining seven cases the PAPs are either deceased
or living abroad, mostly in Greece. For all these pending cases, as per local law, the
compensation money has been set aside in a special escrow account and is available in case
absentee PAPs or their legitimate heirs claim the payment. Efforts have been made to reach to
those living abroad or to inform the heirs about the procedure required for receiving payment.
There is one case of a family that is finalizing the legal inheritance procedure to be eligible for
compensation. There have been no new complaints or community opposition to the landfill
construction has been 90% completed as of October 2014.
9Exchange Rate 1USD = 105 ALL, Source: Bank of Albania (December average):
http://www.bankofalbania.org/web/Kursi_i_Kembimit_2014_1.php
13
Table 1. Impact on plots in Palavli village as per RAP
No. Cadastral ID Name of owner Plot area
(m2) Area taken
(m2) % of plot
taken
1 663 Kadri Dauti 2,913 399 13.7
2 664 Petrit Dauti 952 239 25.1
3 665 Eqerem Dauti 2,845 773 27.2
4 666 Rabije Raça 907 356 39.2
5 667 Sihat Raça 875 310 35.4
6 668 Idriz Raça 1,337 528 39.5
7 669 Nesip Raça 1,227 679 55.3
8 670 Bastri Raça 4,102 2,076 50.6
9 671 Vesel Sinani 1,641 860 52.4
10 672 Nazie Sinani 1,775 1,009 56.8
11 673 Taip Sinani 1,710 1,076 62.9
12 676 Teki Dauti 2,657 1,286 48.4
13 677 Teki Dauti 5,973 2,752 46.1
14 678 Sinan Kuçi 892 892 100
15 679 Ago Kuçi 1,859 1,859 100
16 680 Nedin Kuçi 2,349 2,349 100
17 681 Shahin Haderi 7,123 7,123 100
18 683 Arif Haderi 6,164 3,404 55.2
19 725 Shpetim Dauti 2,237 22 1.0
20 726 Teno Dauti 2,363 2,215 93.7
21 727 Daut Alinani 2,334 2,113 90.5
Total 54,235 32,320
14
Table 1/1. Impact on plots in Palavli village (with number of plots corrected)
No Cadastral ID
Name of owner Plot area (m2)
Area taken (m2)
% of plot
taken
Compensation Paid (LEK)
as of January 2015
CoM Decision
1 663/1 Kadri Dauti 2,913 399 13.7 257,594 No. 48, 29.01.2014
2 664/1 Petrit Dauti 952 239 25.1 154,298 No. 48, 29.01.2014
3 665/1 Eqerem Dauti 2,845 773 27.2
4 666 Rabije Raça 907 356 39.2
5 667 Sihat Raça 875 310 35.4
6 668 Idriz Raça 1,337 528 39.5
7 669 Nesip Raça 1,227 679 55.3
8 670/1 Bastri Raça 4,102 2,076 50.6 1,340,265 No. 48, 29.01.2014
9 671/1 Vesel Sinani 1,641 860 52.4 544,240 No. 48, 29.01.2014
10 672/1 Nazie (Nafiz)
Sinani 1,775 1,009 56.8 651,410 No. 48, 29.01.2014
11 673/1 Taip Sinani 1,710 1,076 62.9 618,484 No. 48, 29.01.2014
12 676 Teki Dauti 2,657 1,286 48.4
13 677 Teki Dauti 5,973 2,752 46.1
14 678/1 Sinan Kuçi 892 892 100 549,405 No. 48, 29.01.2014
15 679 Ago Kuçi 1,859 1,859 100 1,200,170 No. 541, 13.06.2013
16 680/1 Nedin Kuçi 2,349 2,349 100 1,499,083
17 681 Shahin Haderi 7,123 7,123 100 4,598,609 No. 541, 13.06.2013
18 683/1 Arif Haderi 6,164 3,404 55.2 2,197,622 No. 48, 29.01.2014
19 725/1 Shpetim Dauti 2,237 22 1.00 14,203 No. 48, 29.01.2014
20 726 Teno Dauti 2,363 2,215 93.7 1,430,004 No. 48, 29.01.2014
21 727 Daut Alinani 2,334 2,113 90.5
Total 54,235 32,320 15,055,387
15
Grievance Redress
A commune level grievance redress mechanism representing PAPs from affected villages and
headed by the Head of the Commune was established for this purpose.
Even though land acquisition should had been completed before the commencement of the
construction process there were delays due to administrative requirements, including the
obligation of PAPs to provide full proof of the title property documentation. For this reason
the contractor accessed the land before compensations were paid which caused tensions,
consequently work stoppages at the land fill site from November 2013 to February 2014.
2.4 LEGAL FRAMEWORK
In accordance to the Article 41/4 of the Albanian Constitution: “The expropriations or
limitations of a property right that are equivalent to expropriation are permitted only against fair
compensation”
Furthermore, on the European Convention on Human Rights, it is provided in the Art. 1
“Right to property” of the Protocol 1: “Every natural or legal person is entitled to the peaceful
enjoyment of his possessions. No one shall be deprived of his possessions expect in the public
interest and subject to the conditions provided by the law and by the general principles of
international law…”
In this spirit it is in power Law no. 8561, dated 22. 12. 1999 “On Expropriations and
Temporary Takings of the Private Property for Public Interest”. The above mentioned law
provides the entire procedure how an expropriation procedure begins, for which reason, from
which subject and the right of the owners to contest the evaluation of the property made
unilaterally from the state institutions.
An international agreement ratified by law has priority on application in front of a common law
(Art. 116 of the Albanian Constitution). Furthermore, if a law creates a collision with an
international agreement ratified by law, it will be applied the international agreement. This
principle it’s a guarantee that the international agreement with the Albanian Government with
the WB, for the loan, it will be applied in priority in front with the legislation in force,
especially in front of the mentioned law “On expropriation….”.
The following points make a short resume of the principles provide by the law “On
expropriation…”:
• The project aims public interest, since it is an investment on environment protection
(Art. 8/ç of Law “On Expropriation...)”;
• The beneficiary subject in the expropriation process will be Delvina Municipality (Art.
9 of the Law “On Expropriation…)”
• Delvina Municipality needs to submit the request with a list of necessary documents to
the Ministry of line, which is MoPWT, in this case (with the structure of actual government);
(Art. 10 and 11, of the Law);
16
• The line Ministry has to follow the legal procedure on publishing the request for
expropriation, collecting the complaints of the affected owners, and preparing the draft of the
secondary legislation for the Council of Ministers;
• The procedure will be considered complete when the owners approve the transaction
of the property in favor of the State through a statement;
• The decision for the expropriation (for the owners that do not agree with the
expropriation) will be approved by the Council of Ministers and will enter into force
immediately, also it will be published in the Official Journal;
• The owners affected have the right of complaint to the Court for the compensation and
if they don’t follow this procedure, Council of Ministers Decree will be an executive title.
Almost the same procedure “mutatis mutandis”, needs to be followed for two other
institutions, too:
1/ the devaluation of property; (Art 18, of the Law “On Expropriation....”)
2/ the provisional taken on possession of the property; (Art. 27- 37 of the Law “On
Expropriation….”)
• The devaluation of property: During the construction for public interest it might
happen that some properties will not be necessary to be taken from the owner, but in the same
time the owner will not be able to enjoy the property like earlier and thus he has the right to be
compensated for the devaluation of his property. Such as the case of two plots which are
affected to the extent of more than 80%, but not entirely. This institution is not applied so often
in practice, but it is provided by law, if owners are affected in this manner during the project
implementation.
• The provisional taking on possession of the property: During construction it might
happen that certain properties are needed to be taken in possession for temporary use, such as
the case for expansion of the village road to pass large vehicles during the works for the
implementation of the project, so it is taken someone's land temporarily and than reversed it,
but on payment of rent. The request to take on provisional possession a property needs to be
addressed to MoPWT, describing the property, the reason, the term and the compensation for
the owner. The owner has the right to raise a complaint to the court against such legal act
(decree). Council of Ministers has issued Decree No. 541, dated 13.6.2013, "On expropriation
for public interest of the owners of private immovable properties, affected by the construction
of the "Bajkaj" landfill”, which addresses issues that need to be followed during this process.
This decision was amended by CoM Decree No. 48 dated 29.1. 2014. The responsibility to
implement this decision falls on the Ministry of Urban Development and Tourism, Ministry of
Finance, IPRO/Central Office, IPRO Saranda, and Vlora District Council. Based on CoM
Decree No. 48, dated 29.1.2014, the expropriation would start on 29.01.2014, marking a delay
in the commencement of the expropriation process defined as per DCM No. 541, dated
20.6.2013.
17
The delay in the starting date of expropriation came because the number of plots and land area
that were estimated during the initial verification phase did not coincide with the final figures.
The amendment needed to correct for this and be in accordance with the confirmed final
figures.
3. MONITORING AND EVALUATION
Since land acquisition will have to be completed before the start of construction activities, the
process needed to be carefully monitored, in order for problems to be identified and dealt with
on a timely basis.
The key monitoring indicators for implementation of the RAP are:
Indicator Status as of October 2014
Living standards of the majority of the resident
families affected by the project are ei-ther
improved or not lessened by the end of the
project
As per the RAP the PAPs were not dependent on the
land and therefore their income and livelihoods were
not adversely affected. They did however received
cash compensation for their land.
All entitlements for property losses and
restrictions on access are fully delivered;
As of October 2014, 13 out of the 20 land owners
have received compensdation in full and in the
remaining seven cases the PAPs are either deceased
or living abroad
Completion of scheduled resettlement
compensation of villagers as agreed with the
PAPs;
The compensation was not paid prior to land take by
the project but as to date compensations have been
paid as explained above.
Completion of commune peripheral
development in project affected villages as
agreed.
1. Reconstruction of the road, which connects
the Bajkaj’ village with Palavli’ village, to the
bridge of Gjovraka
2. Re-organize the Square of Bajkaj and
Palavli villages and the Rehabilitation of the
entrance roads to the squares (Bajkaj and
Palavli, Vergo Commune).
3. Upgrade of the Water Supply System
(Bajkaj and Palavli, Vergo Commune)
1. Reconstruction of the road, which connects the
Bajkaj’ village with Palavli’ village, to the bridge of
Gjovraka was complited on 31.10.2014
2. Re-organize the Square of Bajkaj and Palavli
villages and the Rehabilitation of the entrance
roads to the squares (Bajkaj and Palavli, Vergo
Commune) was completed on 31.10.2014
3. Upgrade of the Water Supply System (Bajkaj and
Palavli, Vergo Commune) was completed on
09.09.2014
18
3.1 BUDGET FOR RAP IMPLEMENTATION
In accordance with the decision of the CoM, No. 541, dated 13.6.2013, and amended by
DCM No. 48, dated 29.1. 2014, funds for the expropriation are provided using the specially
designated account “Expropriation Fund” of the MoF at the Bank of Albania.
3.2 STATUS OF PAYMENTS OF COMPENSATION TO AFFECTED FAMILIES
Until now, payments of compensation are proceed/completed for 20 land owners in Palavli
Village, Vergo Commune who have applied, in accordance to DCM No. 541, dated 13.6.2013
and amended by DCM No. 48, dated 29.1.2014. Households have agreed to the offered
compensation amount and affirmed with their written request and signatures, and
compensation has already been paid to them. In addition to them, two other owners have been
identified as being affected by access road construction, and the similar procedures for their
compensation . A total of 13 our of the 20 PAPs have received compensation but seven land
owners have not applied for compensation. Reasons include migration for three of them and
death of the proprietor, for four of them Compensation has been undertaken by
Expropriation Commission of Ministry of Urban Development and Tourism
3.3 OUTSTANDING ISSUES RELATED TO PAYMENT OF COMPENSATION AND
ASSISTANCE
The process of payment compensation went through the legal procedures and there is no evi-
dent of any incidents and complaints from communities. According to the local authorities ,
there is only one case where an affected landlord is in trial case with his brother regarding the
sharing three land compensation, but it has nothing to do with the project implementation.
As of October 2014, 13 out of the 20 land owners have received compensation in full and in
the remaining seven cases the PAPs are either deceased or living abroad, mostly in Greece. For
all these pending cases, as per local law, the compensation money has been set aside in a
special escrow account and is available in case absentee PAPs or their legitimate heirs claim the
payment. Efforts have been made to reach to those living abroad or to inform the heirs about
the procedure required for receiving payment. There is one case of a family that is finalizing
the legal inheritance procedure to be eligible for compensation. There have been no new
complaints or community opposition to the landfill construction has been 90% completed as of
October 2014.
3.4 DUE DILIGENCE RELATED TO THE HIMARA TRANSFER STATION
As described in the respective EIA10
, Transfer Station in Himarë intends receiving of Himara
waste for temporary disposal (for 2 days) and their compacting. The waste will be then trans-
ported and disposed in Bajkaj Landfill (Vergo Commune). There will be no burning of waste
10
EIA for the Himara Transfer Station http://www-
wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2014/05/21/000442464_20140521104205/Rendered/PDF
/E11410V90P086800Box385220B00PUBLIC0.pdf
19
at the Transfer Station. The transfer station will only accept sanitary waste (non hazardous) of
the same category as the landfill. Transfer Station will be securely fenced with locked gates to
prevent unauthorized entry. The construction is going to be competed within a few weeks. The
main barriers for completion of the entire work is related with delay on payments for the
contraction company .
From the field visit is observed Himara Station is about 5 km to the east of the town in the road
that connects Himarë with Piluri and then about 1.2 km in the direction of the road to village
Kudhës (old national road Vlorë – Saranda). A new access road, which leads to the TS about
870.7 m from Kudhes road, including the access roads within the TS location is under
construction (part of the same contract for TS construction). Entire road passes to the public
land, which is not addressed by the law 7501 “On the agriculture land”, is not pasture or land,
has never been registered as someone’s property and does not affect individual property (as per
confirmation of Himara Municipality ).
3.5 CONCLUSION
Based on the documentation on the legal procedure taken regarding the resettlement and
acquisition of land, this report confirms that the rights of all parties have been given due
diligence, and that there are no unresolved issues remaining other than the pending payments
which are caused by the absence of the PAPs and other reasons beyond the control of the
Government.
As the Consultant's nominated representative responsible for the verification of Resettlement
Action Plan (RAP), entitlements delivery and dispute resolution for Palavli-Bajkaj Landfill
and Himara (Vumblo) Transfer Station, I certify that, even though there were some gaps and
delays in the process, the outcome of land acquisition is aligned with the the operating rules of
Albanian legislation and in compliance with the World Bank’s Policy on Involuntary
Resettlement.
20
ANNEX #1: LIST OF DOCUMENTS USED FOR RAP IMPLEMENTATION
DATE REFERENCE SENDER RECIPIENT DESCRIPTION
A) On Bajkaj - Palavli landfill
04.04.2012 Land Price Quote MoAFCP MoPWT MoAFCP give the opinion for the land price requested by the
MoPWT
20.04.2012 Request for land
acquisition quote MoPWT
MoAFCP (Ministry
of Agriculture,
Food and
Customer
Protection)
MoPWT has required a quote for the land price.
30.04.2012 Response from
MoAFCP giving a quote MoAFCP MoPWT Answer from the MoAFCP to the MoPWT for the land price
30.07.2012 Request for land
acquisition for public
interests
Council of the
Vlora Region MoPWT
Based on Law No. 8561, dated on 22.12.1999 "On
expropriations for public interest…" The Council of the Vlora
Region requires to MoPWT considering the expropriation of
private owners (see the attachment referring the “Land
Distribution Act of 1995” of each individual landlord).
15.10.2012 Response from the
Saranda IPRO office IPRO, Saranda MoPWT
IPRO Saranda on a request of MoPWT has confirmed the list
of owners and the respective property areas
21
27.11.2012 Request from MoPWT
to the Council of the
Vlora Region MoPWT
Council of Vlora
Region MoPWT requested the Council of Vlora Region to make the
necessary corrections to the documentation on the acquisition
14.01.2013 Response from Vlora
Council of Region Council of the
Vlora Region MoPWT
The council of Vlora Region assured the MoPWT that their
request had been completed
30.01.2013 Request for price
confirmation MoPWT AKKP
MoPWT requested the AKKP to confirm the price of
acquisition
30.04.2013 Confirmation of request MoPWT Vlora Council of
Region MoPWT has accepted the request for land acquisition from the
Council of Vlora Region
03.05.2013 Request for publication MoPWT Press, Metropol &
Mapo
MoPWT asked newspapers Metropol & Mapo from the public
press to publish the notification on the acquisition of land for
the purpose of creating the Bajkaj Landfill
13.06.2013
CoM Decree, No. 541,
"On expropriation for
public interest, of the
owners of private
immovable property,
affected by the
construction of the
“Bajkaj” landfill.”
MoF
MoF, IPRO, IPRO
of Vlora & Saranda,
Vlora Region
For the expropriation of the land owners affected by the
construction of the Bajkaj Landfill
22
27.11.2013
13 land owners have
applied to Saranda
IPRO
For the compensation concerning the Bajkaj Landfill
construction
29.01.2014 Liquidation process for
two first land owners
MoF issued the official request to the Central Bank of Albania
for two first land owners following the CoM Decision No. 541,
dated 13.6.2013
29.01.2014 Council of Ministers
Decree, amended, No.
48, dated 29.1.2014
Ministry of
Urban
Development
and Tourism/
Expropriation
Committee
CoM
Council of Ministers Decree, amended, No. 48, dated on
29.1.2014 includes some changes in DCM No. 541, dated
13.6.2013, "On expropriation for public interest, of the owners
of private immovable property, affected by the construction of
the “Bajkaj” landfill.”
29.01.2014-
on going
Expropriation process
(execution of Council of
Ministers Decree) CoM
Ministry of Urban
Development and
Tourism, Ministry
of Finance, IPRO,
IPRO of Vlora &
Saranda, Vlora
Region
- Liquidations are proceed for 11 land owners who have
applied, in accordance to DCM No. 541, dated 13.6.2013
and amended by DCM No. 48, dated 29.1.2014.
- Completion of liquidation for 11 land owners on February,
2014
- Seven owners have not applied. Reasons include migration
for three of them and death of the proprietor, for four of
them.
B) On Himara Transfer Station (TS)
27.11.2013
Information on change
construction site of TS
location in Himara
Municipality
Mayor of
Himara
Municipality
Deputy Minister of
MoUDT
Himara Municipality Council has decided to change the
constraction site location of TS. The ownership issues related
to the site are clarified. As a result, new location with
geographical name “North–Vumblo” is the property of Himara
Municipality, based on the Council of Ministers Decree No.
672, dated 21.05.2008
23
28.03.2012 Himara Municipality
Council Decision No. 56,
dated on March 23, 2012
Head of
Himara
Municipality
Council
Mayor of Himara
Municipality
Definition on the collection site of the Himara Municipality
urban waste.
Legal references:
- The Constitution of Albanian Republic (item 4 of the article
102),
- The Law no. 9010, dated 13.02.2003 “For the Environmental
administration of the solid waste”,
- Order of MoPWT No. 4724, dated 25.10.2011, and
- Order the MEWA No. 7094, dated 25.11.2011 “For the
control and situation assessment, for the environmental
administration of the urban waste from the local government
authorities”. Vumblo site is assigned as the collection site of
the urban waste.
07.05.2012 Land Property Dertificate IPRO, Vlora
Office
Legal confirmation that the forest (immovable property/new TS
location), transferred to the Himara Municipality has no
mortgage, and it is an unmanaged area.
20.08.2008
Legal transfer of public
assets from central into
local governmental
authorities
Vlora FPD &
Himara
Municipality
Himara
Municipality
Based on Council of Ministers Decree No. 672, dated on
21.05.2008 the area referred on this document have been
officially transferred from central into local authorities. It
includes the TS site.
07.11.2013
Discussions on the change
of construction site of the
waste storage and TS (first
meeting).
Himara
Municipality
Public discussions regarding the change of the construction site
of the storage and TS in Himara Municipality in the location
named: “Vumblo”, Pilur’ village
24
08.11.2013
Discussions on the change
of construction site of the
waste storage and TS (first
meeting).
Himara
Municipality
Public discussions regarding the change of the construction site
of the storage and TS in Himara Municipality in the so called
location “Vumblo”, Pilur’ village
10.12.2013 Himara
Municipality
Mrs. Majlinda
Hoxha, PCU
Coordinator,
ICZMCP
Himara Municipality inform on the results of the discussions
with the interested resident on the change of the construction
site for the waste collection and TS in Himara Municipality
06.02.2014
Discussions on the change
of construction site of the
waste storage and TS
(third meeting).
Himara
Municipality
Public discussions regarding the change of the construction site
of the storage and TS in Himara Municipality in the location
named: “Vumblo”, Pilur’ village, especially concerning the
eventual implications for the access road to the new location
17.02.2014
Response to Ministry of
Urban Development and
Tourism letter No. 157
Prot., dated 17.02.2014
concerning water and
electric energy supply to
the TS location
Himara
Municipality
MoUDT
PCU/ICZMCP
Himara Municipality commits itself to resolve the technical
issues related to providing water and energy to the TS site.
24.02.2014
Information on waste TS
in Vumblo area property
and nearest house
Himara
Municipality
Mrs. Majlinda
Hoxha, PCU
Coordinator,
ICZMCP
Himara Municipality reconfirm the legal status of the land
where the waste TS will be constructed, according to the
mortgage certification, registered on the register of Vlora IPRO,
No. 145, dated 07.05.2012, in the property of Himara
Municipality, in the cadastral area 1952, area 21.2 ha, in Verri
place, unmanaged area.
Himara Municipality clarifies the potential impact on the
nearest house, and the fact that the house owners have agreed
with the construction, which has no visibility from the house
location (it is within 1000 m far from the TS location). Also it
25
clarifies that the construction of the road segment which
connects the axis (junction) Pilur-Kudhes with the TS, in the
territory, that is not Municipality property will be executed in
the area, which is not addressed by the law 7501, dated 1991
"On the agriculture land", is not pasture or urban land, and it
doesn't affect the individual or state property. Remaining part of
the road will be constructed within property of Himara
Municipality.
10.03.2014
Meeting with project
affected people, who
complained about new
location of Himara TS.
Himara
Municipality
PCU/ ICZMCP,
MoUDT
The participants have accepted the road's trace indicated in the
respective map, as well as, location of the waste TS of Himara
Municipality, which doesn't affect their interests and private
properties.
10.03.2014
Clarification on the
documentation
concerning the TS
Himara
Municipality
Mrs. Majlinda
Hoxha, PCU
Coordinator,
ICZMCP
Himara Municipality clarifies the definition “forest” used by
IPRO property document issued for TS site. From the
verification done on ground, results that the property area is a
rock area, covered with wild vegetation (shrub).
24.03.2014 Clarification regarding
PAPs
Himara
Municipality
Mrs. Majlinda
Hoxha, PCU
Coordinator,
ICZMCP
Himara Municipality confirms that complains are raised by
people do not possess properties in TS site, they are motivated
by political interest, etc., which don’t effect or create any
constrains to the project implementation.
26
ANNEX #2: COUNCIL OF MINISTERS DECISIONS ON EXPROPRIATION FOR
BAJKAJ LANDFILL CONSTRUCTION AND REQUEST FOR PAYMENT (MOF)
CoM Decision No. 541, dated 13.6.2013
27
28
29
30
31
CoM Decision,No. 48, dated 29.1.2014
32
33
34
35
REQUEST FOR PAYMENT (MoF)
Payment following CoM Decision No. 541, dated 13.06.2013
36
Payment following CoM Decision No. 48, dated 29.01.2014
37
ANNEX #3: CONFIRMATION OF OWNERSHIP STATUS OF HIMARA TS BY VLORA
IPRO
38
ANNEX # 4: LOCATION OF BAJKAJ LANDFILL AND HIMARA TS
Bajkaj Landfill location and new access road
39
View of Bajkaj Landfill site
Himara Transfer Station location and the new access road
View of Himara Transfer Station site
