Social Management FrameworkDraft Report

Social Assessment and Social Management Framework (SMF) Proposed Metro Colombo Urban Development Project

Social Management Framework /
Draft Report: Appendix 1 /
November 15, 2011 /

Appendix I

MCUDP: Sub-project Sites - Stage I

SRI LANKA LAND RECLAMATION AND DEVELOPMENT CORPORATION
SR. No / PROJECT DESCRIPTION / STAGE
01 / Embankment Protection of main canals & demarcation of reservations. (St. Sebastian North, St. Sebastian South, Wellawatta, Dehiwela, Kolonnawa canals, HeenEla & Main Drain) / Stage-I
02 / Reconstruction of AluthMawatha Culvert / Stage-I
03 / Improvements to Mutwal Outfall / Stage-I
04 / Madiwela East Diversion:
-Improvements to Madiwela Diversion canal uptoAthurugiriya Road
-Additional opening to Amaragoda Culvert
-Design of Control Gates at Spillway of Talangama Tank / Stage-I
Stage-II
05 / Restoration and Creation of Lakes in Parliament Catchment – Lake 4,6,7 (1,8,9, and 10 if possible) / Stage-I &
Stage-II
06 / Improvements to Secondary Canals. Sethsiripaya, SaranaMawatha, Poorwarama Canal, Sri Wickrema Canal / Stage-I
07 / Restoration of Beira Lake. Lake dredging, embankment / Stage-I
08 / Improvements to Galle Road Bridge across Wellawatte Canal / Stage-I or
Stage-II
LOCALISED FLOOD ISSUES
01 / Flood prevention at KimbulaEla Housing Scheme / Stage-I
02 / Flood prevention at Armour Street, Jethawana Road opposite DIMO Plc and Prince of Wales Avenue / Stage-I
03 / Flood prevention at Green Lane, George R. De Silva Mw. and Ratnam Playground Area / Stage-I
04 / Prevention of Flooding at Norris Canal / Stage-I
05 / Storm Water improvement of Wijerama-Horton Place Junction and surrounding area / Stage-I
06 / Flood Prevention at High Level Rd., Kirulapone Junction and Robert GunawardeneMawatha / Stage-I
07 / Upper Catchment of Torrington North Canal / Stage-I
08 / Marine Drive development from Dehiwela Bridge up to Bambalapitiya Station Road
SRI JAYAWARDENEPURA KOTTE MUNICIPAL COUNCIL
SR. No / PROJECT DESCRIPTION / IMPLEMENTATION STAGE
PHYSICAL INFRASTRUCTURE
01 / Rehabilitation of Jambugasmulla Road / Stage-I
02 / Rehabilitation of Santhanampitiya Road / Stage-I
03 / Rehabilitation of Jeswell Place / Stage-I
04 / Rehabilitation of Edirisinghe Road / Stage-I
05 / Rehabilitation of Dewala Road / Stage-I
06 / Rehabilitation of MalibanArama Road / Stage-I
07 / Rehabilitation of WijayabaMawathaKandawatte Lane / Stage-I
08 / Rehabilitation of MedaWelikada Road / Stage-I
09 / Rehabilitation of DharmapalaMawatha / Stage-I
10 / Rehabilitation of Kamathawatte Road / Stage-I
11 / Rehabilitation of NanayakkaraMawatha / Stage-I
12 / Rehabilitation of ArunodayaMawatha / Stage-I
13 / Rehabilitation of Walter GunasekaraMawatha / Stage-I
14 / Rehabilitation of KolombathantreeMawatha / Stage-I
15 / Rehabilitation of D M ColombageMawatha / Stage-I
16 / Rehabilitation of Nugegoda – Pagoda Road – 1st Cross Streeet / Stage-I
17 / Rehabilitation of Nugegoda – Janathapola Road – 1st Lane / Stage-I
18 / Culvert at Pengiriwatte 1st Lane across the Railway Line / Stage-I
19 / Rehabilitation of Canal from Waththa No. 60 to ArunodayaMawatha Canal / Stage-I
DEHIWALA MT. LAVINIA MUNCIPAL COUNCIL
ROAD AND DRAINS REHABILITATION
Dehiwela DE’s Area
SR. No / PROJECT DESCRIPTION / STAGE
01 / Rehabilitation of Peiris Road, Kalubowila / Stage-I
02 / Rehabilitation of BhatiyaMawatha / Stage-I
03 / Rehabilitation of De Silva Cross Road / Stage-I
04 / Rehabilitation of Sri Mahabodhi Road / Stage-I
05 / Rehabilitation of Malwatte Road – Hill Street to Liyanage Road / Stage-I
06 / Rehabilitation of Sunandarama Road / Stage-I
07 / Rehabilitation of Woodland Mawatha / Stage-I
08 / Rehabilitation of Prathibimbarama Road / Stage-I
09 / Rehabilitation of Sri MahaVihara Road / Stage-I
10 / Rehabilitation of PereraMawatha, Kalubowila / Stage-I
11 / Rehabilitation of Malwatta Road, Kalubowila / Stage-I
12 / Rehabilitation of Malwatta Road, Dehiwela / Stage-I
13 / Rehabilitation of Melder Place / Stage-I
14 / Rehabilitation of Raymond Road and Arthur’s Place / Stage-I
15 / Rehabilitation of Waidya Road and Park Avenue / Stage-I
16 / Rehabilitation of Vanderwert Road / Stage-I
17 / Rehabilitation of De Silva Road / Stage-I
18 / Rehabilitation of Capt. SumuduRajapaksha Mw. / Stage-I
19 / Rehabilitation of Sri Gnanendra Road / Stage-I
20 / Rehabilitation of JayasumanaramaMawatha / Stage-I
21 / Rehabilitation of St. Rita’s Road / Stage-I
22 / Rehabilitation of Circular Road Housing Scheme, Badowita / Stage-I
23 / Construction of Storm Water Drain from Ratmalana SLTB Depot to Lunawa Canal / Stage-I
24 / Rehabilitation of Sumanarama Road / Stage-I
25 / Rehabilitation of Dharmarama Road (Drains) / Stage-I
26 / Construction of Hangar for heavy vehicles and utility centre for Ratmalana DE / Stage-I
27 / Construction of Office for DE-Ratmalana / Stage-I
28 / Development of RatmalanaPola / Stage-I
KOLONNAWA URBAN COUNCIL
SR. No / PROJECT DESCRIPTION / STAGE
01 / Dredging of Minor Canal at Wadullawatte
02 / Dredging of Kambikotuwawatte Canal
03 / Dredging of Canal near United Motors, Orugodawatte
04 / Dredging of Minor Canal at Wadugodawatte
05 / Construction of first floor of Library Building
06 / Renovation of Playground at Umagiliya Park
07 / Construction of Playground at Salamulla
08 / Construction of Proposed Conference Room
09 / Construction of Maternity Home
10 / Construction of Crematorium at Kolonnawa Public Library
11 / Rehabilitation of ViharaMawatha (Kolonnawa Road to CTB Road)
12 / Nagahamulla Road to KolonnawaRajamahaViharaya
13 / CTB Road (ViharaMawathaupto CTB Road)
MACHINE REQUIREMENT
Backhoe loader
Road Roller
Ambulance
Compactors (Garbage Collectors) – 06 Nos.
Waste Disposal Plastic Bin (10000 Nos.)
Office Equipment
COLOMBO MUNICIPAL COUNCIL
SR. No / PROJECT DESCRIPTION / STAGE
01 / Model Zone – Development of Town Hall Square / Stage-I
02 / Pedestrian Overhead Bridges at Kollupitiya and Bambalapitiya Intersection with Galle Road / Stage-I
03 / Walkability Improvements in City of Colombo – Foot Walks / Stage-I
04 / Asphalt Overlaying of Roads in City of Colombo / Stage-I
05 / Rehabilitation of Roads in City of Colombo-Galle Road and R A De Mel Mawatha / Stage-I
06 / Improving Public Conveniences / Stage-I
URBAN DEVELOPMENT AUTHORITY
SR. No / PROJECT DESCRIPTION / STAGE
01 / Beddagana Bio-Diversity Park / Stage-I
02 / Linear Park along Beira Lake / Stage-II

Appendix II

MCUDP: Sub-project Sites - Stage II

SRI LANKA LAND RECLAMATION AND DEVELOPMENT CORPORATION
SR. No / PROJECT DESCRIPTION / STAGE
01 / North Lock widening, widening of flood gate at North Lock. (Confluence of St. Sebastian North Canal to Kelani River) / Stage-II
02 / Improvements to Main Drain Crossings at Ports Access Road & Railway / Stage-II
03 / Madiwela East Diversion:
-Improvements to Madiwela Diversion canal uptoAthurugiriya Road
-Additional opening to Amaragoda Culvert
-Design of Control Gates at Spillway of Talangama Tank / Stage-I
Stage-II
04 / Restoration and Creation of Lakes in Parliament Catchment – Lake 4,6,7 (1,8,9, and 10 if possible) / Stage-I &
Stage-II
05 / Upgrade of set of North Lock Gates & downstream improvement with embankment protection – continuation from Stage I / Stage-II
06 / Improvements to Galle Road Bridge across Wellawatte Canal / Stage-I or
Stage-II
07 / Restoration and Creation of lakes around Parliament lake – continuation from Stage I / Stage-II
08 / Design of Control gates at Spillway of Talangama tank – continuation from Stage I / Stage-II
09 / Pumping Station at North Lock (10m3/s) / Stage-II
10 / Rehabilitation of Pumping Station at South Locks & renovation of gates / Stage-II
11 / St. Sebastian South Diversion canal by passing Beira Lake (excluding upstream part of the Norris canal) including treatment at outlet / Stage-II
12 / Restoration of Kolonnawa retention area and pumping station at Gothatuwa (30m3/s) / Stage-II
13 / Implementation of Water-based transport services for better usage and management & investment for maintenance of water bodies – Bridge improvements / Stage-II
14 / Improvement of the neighbourhood of water bodies (canals & lakes) for recreational purposes – Foot Bridges / Stage-II
15 / Detailed designs for implementation of Real time Flood Monitoring & Forecasting System for Colombo Basin / Stage-II
LOCALISED FLOOD ISSUES
01 / Flood prevention at Garden No. 175 and 211 at Nagalagam Street and Garden No. 75 at Ferguson Road / Stage-II
02 / Flood prevention along K. Cyril C. Perera Mw. from George R. De Silva Mw. upto Arthur De Silva Mw. Junction / Stage-II
03 / Prevention of Flooding at Saunders Place / Stage-II
04 / Prevention of Flooding at Maligawatte Housing Scheme / Stage-II
05 / Storm Water improvements of SiridhammaMawatha and surrounding area / Stage-II
06 / Flood Prevention at Poorwarama Road and Kandawatte Road / Stage-II
07 / Flood Prevention at Park Road / Stage-II
SRI JAYAWARDENEPURA KOTTE MUNICIPAL COUNCIL
SR. No / PROJECT DESCRIPTION / IMPLEMENTATION STAGE
SOCIAL INFRASTRUCTURE
01 / Development of Chandra Silva Recreational Park at Rajagiriya / Stage-II
02 / Redevelopment of ArunodayaMawatha Community Centre / Stage-II
03 / Redevelopment of Obeysekarapura Community Centre / Stage-II
04 / Redevelopment of Polwatta Community Centre / Stage-II
PHYSICAL INFRASTRUCTURE
05 / Construction of Pitakotte Market and Medical Centre / Stage-II
ENVIRONMENT INFRASTRUCTURE
06 / Redevelopment of Bandaranayakapura Open Space / Stage-II
07 / Redevelopment of Rajagiriya Junction Open Space / Stage-II
08 / Redevelopment of EsalaUyana Open Space / Stage-II
09 / Redevelopment of PalliyaPatumaga Open Space / Stage-II
10 / Redevelopment of SenanayakaMawatha Open Space / Stage-II
11 / Redevelopment of Kolonnawa Road Open Space / Stage-II
DEHIWALA MT. LAVINIA MUNCIPAL COUNCIL
ROAD AND DRAINS REHABILITATION
SR. No / PROJECT DESCRIPTION / STAGE
01 / Redevelopment of Attidiya Grounds / Stage-II
02 / Improvements to Mini Market Dehiwela / Stage-II
03 / Construction of New Office Complex at Dehiwela / Stage-II
04 / Construction of Maternity Clinic and Reading Room, Woodland Mawatha / Stage-II
05 / Construction of Multi-purpose Utility Building / Stage-II
06 / Canal Improvementau AuburnSide / Stage-II
KOLONNAWA URBAN COUNCIL
SR. No / PROJECT DESCRIPTION / STAGE
01 / Dredging of Minor Canal at Wadullawatte
02 / Dredging of Kambikotuwawatte Canal
03 / Dredging of Canal near United Motors, Orugodawatte
04 / Dredging of Minor Canal at Wadugodawatte
05 / Construction of first floor of Library Building
06 / Renovation of Playground at Umagiliya Park
07 / Construction of Playground at Salamulla
08 / Construction of Proposed Conference Room
09 / Construction of Maternity Home
10 / Construction of Crematorium at Kolonnawa Public Library
11 / Rehabilitation of ViharaMawatha (Kolonnawa Road to CTB Road)
12 / Nagahamulla Road to KolonnawaRajamahaViharaya
13 / CTB Road (ViharaMawathaupto CTB Road)
MACHINE REQUIREMENT
Backhoe loader
Road Roller
Ambulance
Compactors (Garbage Collectors) – 06 Nos.
Waste Disposal Plastic Bin (10000 Nos.)
Office Equipment
COLOMBO MUNICIPAL COUNCIL
SR. No / PROJECT DESCRIPTION / STAGE
01 / Proposed Water Front Recreational Park at Crow Island / Stage-II
02 / Marine Drive Promenade with Beach Front Leisure Park / Stage-II
URBAN DEVELOPMENT AUTHORITY
SR. No / PROJECT DESCRIPTION / STAGE
01 / Nodal Parks along Beira Lake / Stage-II

Appendix III

Sri Lanka National Involuntary Resettlement Policy (NIRP)

Review and Approval Process
  • Discussed and approved by Working Groups on November 2nd 2000
  • Discussed and approved by Steering Committee on December 4th 2000
  • Distributed to Stakeholders December 2000
  • Stakeholders written comments incorporated at National Workshop
  • Discussed and finalized NIRP at Second National Workshop January 26th-28th 2001
  • Distributed NIRP to National Workshop Participants and Steering Committee on February 1st 2001
  • Reviewed and approved by Steering Committee on March 5, 2001
  • Approved by Cabinet of Ministers on May 24,2001

  1. Rationale

Public and private sector development projects increasingly involve acquisition of land. People whose homes and lands are acquired then have to move elsewhere and resettle in locations that may be unfamiliar. In general, resettlement has not been very successful and there are several recent examples in Sri Lanka where people have shown resistance to projects that cause displacement. Among the significant consequences of poor resettlement has been impoverishment of affected people due to landlessness, homelessness, joblessness, relatively higher mortality and morbidity, food insecurity, lack of access to common property and public services, and disruption of the existing social organization. International, regional and national experience with resettlement has generated considerable knowledge on the planning and implementation of involuntary resettlement and this experience if used effectively can ensure that adverse impacts on affected people are fully addressed in terms of established policy objectives.

In Sri Lanka the Land Acquisition Act of 1950 as amended from time to time only provides for compensation for land, structures and crops. It does not require project executing agencies (PEA) to address key resettlement issues such as (a) exploring alternative project options that avoid or minimize impacts on people; (b) compensating those who do not have title to land; (c) consulting affected people and hosts on resettlement options; (d) providing for successful social and economic integration of the affected people and their hosts, and (e) full social and economic rehabilitation of the affected people.

The National Environmental Act (NEA), No. 47 of 1980, amended by Act, No. 56 of 1988 has some provisions relevant to involuntary settlement. The Minister has by gazette notification No. 859/14 of 23.2.1995determined the projects and undertakings for which Central Environmental Authority (CEA) approval is needed in terms of Part IV C of the NEA. The schedule includes item 12, which refers to involuntary resettlement exceeding 100 families, other than resettlement resulting from emergency situations. However these provisions do not adequately address key resettlement issues mentioned in paragraph 2 above.

To ensure that people affected by development projects are treated in a fair and equitable manner, and that they are not impoverished in the process, it is necessary that Sri Lanka adopts a NIRP. Such a policy would establish the framework for project planning and implementation. Subsequently, it will be necessary to prepare guidelines on resettlement planning and implementation to be used by PEAs.

People have moved voluntarily, mainly to the dry zone, starting from colonial days. These were state sponsored settlement programmes aimed at developing and exploiting land resources in that region, while relieving pressure on land in the wet zone. There are many commonalties in the objectives and implementation of voluntary and involuntary settlement and re-settlement programmes.

Nonetheless, the policy proposed here refers only to development-induced involuntary resettlement, where the option to stay behind does not exist. It does, however, also apply to cases where people do not have to be physically relocated.

2. Objectives of the Policy

  • To avoid, minimize and mitigate negative impacts of involuntary resettlement by facilitating the reestablishment of the affected people on a productive and self-sustaining basis. The policy should also facilitate the development of the project-affected people and the project.
  • To ensure that people adversely affected by development projects are fully and promptly compensated and successfully resettled. The livelihoods of the displaced persons should be reestablished and the standard of living improved.
  • To ensure that no impoverishment of people shall result as a consequence of compulsory land acquisition for development purposes by the State.
  • To assist adversely affected people in dealing with the psychological, cultural, social and other stresses caused by compulsory land acquisition.
  • To make all affected people aware of processes available for the redress of grievances that are easily accessible and immediately responsive.
  • To have in place a consultative, transparent and accountable involuntary resettlement process with a time frame agreed to by the PEA and the affected people.

3. Scope

  • The policy will apply to all development-induced land acquisition or recovery of possession by the State.
  • A comprehensive Resettlement Action Plan will be required where 20 or more families are affected.
  • If less than 20 families are affected the policy still applies but a plan can be prepared to a lesser level of detail.
  • The policy will apply to all projects regardless of source of funding.
  • The policy will apply to all projects in the planning phase on the date this policy comes into effect, and all future projects.

4. Policy Principles

  • Involuntary resettlement should be avoided or reduced as much as possible by reviewing alternatives to the project as well as alternatives within the project.
  • Where involuntary resettlement is unavoidable, affected people should be assisted to re-establish themselves and improve their quality of life.
  • Gender equalityand equity should be ensured and adhered to throughout the policy.
  • Affected persons should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity.
  • Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land cash compensation should be an option for all affected persons
  • Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs.
  • Resettlement should be planned and implemented with full participation of the provincial and local authorities.
  • To assist those affected to be economically and socially integrated into the host communities, participatory measures should be designed and implemented.
  • Common property resources and community and public services should be provided to affected people.
  • Resettlement should be planned as a development activity for the affected people.
  • Affected persons who do not have documented title to land should receive fair and just treatment.
  • Vulnerable groups should be identified and given appropriate assistance to substantially improve their living standards.
  • Project Executing Agencies should bear the full costs of compensation and resettlement.

5. Institutional Responsibilities

  • The Ministry of Land Development (MLD) will be responsible for the implementation of the NIRP.
  • The Project Executing Agencies (PEAs) will be responsible for complying with all the requirements for planning and implementing resettlement according to the NIRP.
  • The PEAs (like the Road Development Authority) that have significant resettlement in their projects will establish Resettlement Units with adequately trained staff.
  • The CEA will be responsible for the review of impacts and mitigating measures of projects involving involuntary resettlement.
  • The CEA’s capacity will be strengthened so that it could provide the necessary guidance to public and private sector agencies undertaking projects that have involuntary resettlement impacts.
  • The MLD will prepare regulations and guidelines on involuntary resettlement planning, implementation and monitoring.
  • The MLD and the CEA will conduct training courses in resettlement planning, implementation, monitoring.
  • The CEA will review and approve the Resettlement Action Plans prepared by PEAs, and make plans publicly available.
  • The MLD will draft amendments to the Land Acquisition Act in order to bring the law in line with NIRP
  • Following consultations with stakeholders, MLD will submit a final draft of the amended Land Acquisition Act for government approval
  • MLD will prepare the necessary implementation guidelines based on the amended LAA
  • A Steering Committee will be formed comprising the MLD, CEA, PEAs and other relevant agencies to exchange experience on resettlement, and coordinate and oversee the implementation of the policy

6. Monitoring and Evaluation

  • A system of internal monitoring should be established by PEAs to monitor implementation of Resettlement Action Plans, including budget, schedule, and delivery of entitlements, consultation, grievances and benefits.
  • PEAs should make adequate resources available for monitoring and evaluation.
  • A further system of external monitoring and evaluation by an independent party should be established to assess the overall outcome of resettlement activities.
  • Monitoring and evaluation reports should be reviewed by the PEA, CEA and MLD and action taken to make improvements where indicated.
  • Affected persons and other stakeholders should be consulted in monitoring and evaluation.
  • Lessons thus learned from resettlement experiences should be used to improve resettlement policy and practice.

Summary of Institutional Responsibilities for Involuntary Resettlement