Ministry of Roads and Highways

Republic of Ghana

URBAN TRANSPORT PROJECT

Ministry of Roads and Highways

In collaboration with

Ministry of Local Government, Rural Development

Implemented by

Department of Urban Roads

RESETTLEMENT ACTION PLAN (RAP)

For

Infrastructure and Operational Design for Accra Pilot Bus Rapid Transit Route

June 2010

DURBRT LOT 2RAP

List of Acronyms

AFDAgence Francaise de Developement

AMAAccra Metropolitan Assembly

BRTBus Rapid Transport

CBDCentral Business District

DA'sDistrict Assemblies

DFRDepartment of Feeder Roads

DURDepartment of Urban Roads

EAP Environmental Action Plan

ECGElectricity Company of Ghana Ltd

EIAEnvironmental Impact Assessment

EMPEnvironmental Management Plan

EPAEnvironmental Protection Agency

ESMFEnvironmental and social management framework

GAMAGreater Accra Metropolitan Assembly

GHAGhana Highway Authority

GoGGovernment of Ghana

GTGhana Telecom

GWCLGhana Water Company Ltd

LILegislative Instrument

LVBLand Valuation Board

MoTMinistry of Transportation

MRHMinistry of Roads and Highways

NEPNational Environmental Policy

NGOsNon Governmental Organizations

OLCObetsebi Lamptey Circle

OPOperational policy

PAPsProject Affected Persons

PMUProject Management Unit

PSPermanent Structure

RAPResettlement Action Plan

RPFResettlement policy framework

SPSSStatistical Package for Social Surveys

TSDPTransport Sector Development Programme

RSDPRoad Sector Development Programme

TCPDTown and Country Planning Department

TS Temporary Structure

UTCUnited Trading Company

UTP Urban Transport Project

WBWorld Bank

EXECUTIVE SUMMARY

Introduction

The Government of Ghana (GoG), with assistance from the World Bank (WB), the Global Environment Facility (GEF) and the Agence Francaise de Development (AFD) is undertaking an Urban Transport Project (UTP) with pilot implementation in the Greater Accra Metropolitan Area (GAMA). The Accra Bus Rapid Transit (BRT) Pilot Project which is a component of the UTPis being implemented to improve the flow of traffic within the city. The participating Assemblies under the UTP are Accra Metropolitan Assembly (AMA), Tema Metropolitan Assembly (TMA) and Ga West Assembly (GWA). The Department of Urban Roads (DUR) of the Ministry of Roads and Highways (MRH) is the implementing agency.

In connection with the Accra BRT Pilot Project, Resettlement Action Plan (RAP) has been prepared, in order to mitigate potential negative impacts to property and persons that may result from the implementation of the project. This is required under the Transport Sector Environmental and Social Management Framework (ESMF) and the Resettlement Policy Framework (RPF), and by the World Bank’s Operational Policies on Involuntary Resettlement.

Objectives of the RAP

The main objectives are:

Undertake socio-economic survey along the corridor to assess impacts on people who shall be affected by the project. This will include the assessment of the magnitude of any displacement and general impacts of the project implementation – both positive and negative;

To mitigate the adverse impacts associated with the reconstruction of the Pilot BRT route;

Ensure that the standard of living of PAPs is improved or at least restored by way of better shelter and access to services, training and facilitation of community action; and

To maximize the involvement of PAPs and Civil Society in all stages of the implementation of the RAP.

Legal Framework

The documents upon which the legal framework of this RAP hinges on are:

The Constitution of Ghana i.e. Article 20 of the 1992 Constitution;

The State Lands Acts, 1962 (Act 125) which gives authority for land to be acquired;

The Statutory Way-leaves Instrument which provides for or empowers the President, whenever in his opinion, entry on any land for construction and maintenance of public works;

The 2006 RPF of the MRH and its Agencies. The document mentions that no one is to be denied compensation because he/she is not the holder of legal document. It proposes payment of supplemental assistance to non-holders of legal titles; and

The World Banks Operational Directive OP 4.12, which outlines the conditions under which the World Bank will fund a project if it displaces persons or affects their social and economic well being.

The Pilot BRT Route

The operational design of the Pilot BRT is an externalised system with tributary routes that start outside the BRT corridor but feed into it. The buses will travel on tributary routes to Winneba and Graphic Roads which form the main spine or BRT corridor, of the pilot scheme. The tributary services then join the main corridor.

The BRT Pilot Project is divided into four main parts:

1. The tributary services which consist of 5 tributary origins in north and north-west Accra;
2. The route along Winneba Road from Mallam Junction to First Light Junction where the BRT buses will run in mixed traffic and stop at BRT stations at the kerbside;
3. First Light to Obetsebi Lamptey Circle (OLC) and then Graphic Road to Kwame Nkrumah Road which will have a segregated BRT located in the median; and
4. The BRT distribution system in the Central Business District (CBD) will have two routes: one will be a loop via South Liberia Road, Independence Avenue, Barnes Road and the other will travel down to a city terminal at UTC via a segregated bus way in the median.

This report covers sections 2, 3 and 4 (excluding the Odaw Bridge and proposed railway flyover on Graphic Road). The major works are in Sections 3 and 4.

Project Affected Persons

PAPs in this documents refers to business units, (including their workers), owners of assets like land and buildings, non-resident lessees, tenants of buildings, squatters and roadside dwellers, who have been identified to be adversely affected by the activities during the reconstruction of the Pilot BRT road.

Socio-Economic Characteristics of PAPs

In March 2008, the Pilot BRT corridor was surveyed (as part of the ToR), to document exiting land use activities within the safety corridor required for the road project.. Also in May 2009 the baseline data collected in that project zone in March 2008 was updated and served as a cut-off date, following continuous consultation and notification to all PAPs in the project zone.

From March to May 2008, May 2009 and in January 2010, as part of the TOR, there was baseline data collection from PAPs located in the proposed safety zone in the Pilot BRT corridor to document exiting land use activities, profiles of the PAPs and the level of encroachment within the safety corridor required for the reconstruction of the dedicated Pilot BRT route.

From the analysis of the data obtained from the surveys, the summary of results of the principal demographic and socio-economic characteristics is outlined below:

Winneba Road - First Light to Obetsebi Lamptey Circle

Major stakeholders surveyed as likely to be affected by the construction of the Pilot BRT bus lanes from the First Light traffic light to Obetsebi Circle are:

Traders on road sidewalks in the safety zone; and

Commercial transport operators operating from the road carriageway.

Traders

About 886 traders who operate on the road sidewalks were enumerated in the safety corridor.

Demographic Characteristics:a sample of traders revealed that with regards to sex ratio, the average of female traders was more than males, i.e. 54% for females and 46% for males.

Social Conditions: Literacy status among the traders was high. Majority (57.1%) of the project affected traders have had Middle School/Junior High School Education. Only 17.00% of the project affected traders had no formal education.

Economic Condition: The sample survey also revealed that 95% of the traders are owners of their businesses and their daily sales range between GH¢12-40 with traders of second hand clothes being the highest daily income earners.

Commercial Vehicles

About 180 commercial transports operate in the carriage way daily.

Demographic Characteristics: a sample of commercial transport operators revealed that with regards to age, 40% of the drivers are between 20–30 years, 54.3% between 31–40 years and 5.7% above 40 years.

Social Conditions: Literacy status among the commercial transport operators was high. Majority (82.9%) of the project affected commercial transport operators have had Middle School/Junior High School Education. Only 17.1% of the project affected commercial transport operators had no formal education.

Economic Condition:The sample survey of commercial transport operators revealed that their incomes are determined by the capacity of the vehicles. Metro Mass Transport vehicles make an average of about GH¢5,952.00 while the Ford vehicles make an average of about GH¢3,360.00 per vehicle.

Kwame Nkrumah Avenue

Major stakeholders surveyed as likely to be affected by the construction of the Pilot BRT bus lanes are:

Traders in the median;

A restaurant;

Accra Okaishie Kumasi cargo service; and

Metro Mass Transport.

Traders in the Median

About 184 traders operate in the road median strip in the safety corridor.

Demographic Characteristics: a sample of traders revealed that with regards to sex ratio of traders, the average of female traders was more than males, i.e. 83.2% for females and 16.82% for males.

Social Conditions: Literacy status among the traders was significant. Majority (51.1%) of the project affected traders have had Middle School/Junior High School Education.

Economic Condition: The sample survey also revealed that 95% of the traders/ are owners of their businesses and their daily sales average GH¢13.60.

Accra Okaishie Kumasi Cargo Service

This cargo service is located in the road median strip in the safety zone. Currently the cargo service has 60 full members who operate 60 containerized cargo vehicles and 70 shift members with 70 container Vehicles. On the average about 50 vehicles are loaded every day to different destinations.

Demographic Characteristics:a sample of cargo services operators revealed that with regards to their sex all are male.

Social Conditions: Literacy status among the cargo operators was high. Majority (90.00%) of the project affected cargo operators have had Middle School/Junior High School Education.

Economic Condition: An income of about GH¢350 per trip is earned by the owner while the mate is paid GH¢1.50 per trip. Loaders receive GH¢6.00 for a day’s work.

Magnitude of Displacement

Permanent structures within existing right of way – First Light to Obetsebi Lamptey Circle

None was enumerated and recorded.

Temporary Structures within proposed right of way – First Light to Obetsebi Lamptey Circle

Total of 886 temporary structures were listed as presented in the tables below.

Table ITemporary Structures Impacted

Type of Structure / Dimensions / No. of structure
Winneba Road
Table Top / 1.20x1.35m / 495
Kiosk / 2.25x2.50m / 1
Umbrella Stand / 1.30x1.80m / 84
*Open Ground/Pallets / 1.20x1.80m / 306
Total / 886

Table IISummary Table – Winneba Road Project Zone

ITEM / Reconstruction of road median strip from First Light to Obetsebi Lamptey Circle
1 / Mallam- Kaneshie Road – CBD Corridor in the city of Accra / Accra
2 / Road Length (m) / 400m
3 / Road functional classification (asphalt) / Arterial Road
4 / Proposed surfacing type / Asphalt
5 / Number of project affected households / None
6 / Total residential houses and other buildings that will be fully affected / None
7 / Total residential houses and other buildings that will be partially affected / None
8 / Total business properties that will be fully affected / None
9 / Total business properties that will be partially affected / None
10 / Total Temporary Structures that will be fully affected / 886
11 / Total PAP who will be fully affected / 954
12 / Total loss of strip of land including fence wall / None
13 / Partial loss of strip of land including fence wall / None
14 / Temporary road diversion / Yes

Permanent structures within existing right of way – Kwame Nkrumah Avenue

• Two passenger shed were listed

Table III Permanent Structures Impacted

Kwame Nkrumah Avenue
Businesses / Dimensions / No. of Affected Properties / No. of Persons / No. of Business activities
Fully Impacted Passenger Shed at Bonsu Brother Bus Stop / 2 / None / MMT

Source: Consultants Field Survey (2009)

Table IVTemporary Structures Impacted

Type of Structure / Dimensions / No. of structure
Kwame Nkrumah Avenue
Table Top / 1.50x2.80m / 66
Kiosk / 2.25x2.50m / 9
Umbrella Stand / 1.30x1.80m / 23
Open / 2.00x2.40m / 84
Shed / 4.00x7.65m / 2
Container / 4.6x5.40m / 6
Total / 190

Table VSummary Table – Kwame Nkrumah Avenue Project Zone

ITEM / Reconstruction of road median strip on Kwame Nkrumah Avenue from Traffic Light to Bonsu Brothers Building
1 / Circular Road in CBD / Accra
2 / Road Length (m) / 820m
3 / Road functional classification (asphalt) / Arterial Road
4 / Proposed surfacing type / Asphalt
5 / Number of project affected households / None
6 / Total residential houses and other buildings that will be fully affected / None
7 / Total residential houses and other buildings that will be partially affected / None
8 / Total business properties that will be fully affected / None
9 / Total business properties that will be partially affected / None
10 / Metro Mass Passenger sheds that will be fully affected / 2
11 / Metro Mass Passenger sheds that will be partially affected / None
12 / Total Temporary Structures that will be fully affected / 190
13 / Total PAP who will be fully affected / 189
14 / Temporary road diversion / None

ELIGIBILITY

Project Affected Persons

PAPs in this document refers to business units, including their workers and owners of assets like land and buildings to be affected by the project, non-resident lessees; tenants of buildings; squatters and pavement dwellers who have been identified to be adversely affected by the activities during the construction of the overpass bridge over the railway crossing on the Graphic Road.

Any person who was identified to suffer loss of or damage to a building, trade or loss of access to productive resources, as a result of the reconstruction of sections of the Winneba Road (Kaneshie-Mallam) and the Kwame Nkrumah Avenue was considered eligible for compensation and/or resettlement assistance. The cut off date for being eligible for compensation and/or resettlement assistance was 30th June 2009, which was the last day during which the socio-economic baseline survey was completed. Any new structures or their occupants would not be eligible for compensation or supplementary assistance. This arrangement was consistent with the laws of Ghana and the World Bank Policy.

IMPACTS OF THE PROJECT

Potential Benefits

The implementation of the project will create some benefits for road users, those who live and work in the corridor and the country as a whole. The implementation of the project will also help facilitate the increased movement of goods in the corridor.

The following are the potential positive impacts of the project:

Reduced traffic congestion in that corridor which is particularly noted for traffic congestion at peak periods;

Improved transportation services in the metropolis due to the provision of large capacity buses, scheduled operations and the introduction of the feeder network concept;

Improved access to the city centre and social services in the corridor as result of the development of a dedicated bus lane;

Reduced vehicle operating cost and expenditure on transport through the shift from small private vehicles to a more efficient public transport system as well as a reduction in traffic congestion;

A reduction in government expenditure on fuel; and

Improve urban landscape through the construction of modern transport terminals and bus stops.

Potential Negative Impacts

The proposed construction of the overpass bridge over the railway crossing and the reconstruction of the Odaw Bridge have both physical and social implication on socio-economic activities in the project zone. The construction of the overpass bridge will require the provision of temporary access road on both the north and south sides will involve temporary land take that will impact negatively on socio-economic activities in the zone.

The potentially adverse social impacts of the proposed project during the construction phase include:

Loss of business among PAPs including women;

Impact on well-being of PAPs;

Traffic hold-ups and congestion;

Disruption of public transportation system;

Disruption of public utilities;

Temporary loss of access to properties; and

Probable increase in accidents.

MITIGATION MEASURES

Mitigation measures have been proposed to address the anticipated negative impacts of the BRT project; these include:

Implementation of management practices to protect the public by fencing off construction sites during the construction period for security and safety of the general public;

Payment of appropriate compensation for affected businesses and implementation of the RAP to address in detail issues of compensation and resettlement; and

Implementing appropriate traffic management measures, including provision of diversion routes and appropriate road signs, as well as driver sensitization and education.

ASSESSMENT OF PAYMENT AND COMPENSATION

Two categories of affected persons were identified within the road safety corridor and have been compiled to receive compensation. These categories are:

Owners of permanent structures; and

Owners of temporary structures.

All property that fall within the right-of-way have been captured and photographed with measurement as well as constructional details. The type, age, state and stages of all affected properties have been established. The cost or amount of compensation to be paid is based on the depreciated replacement cost plus the value of land/structure. The identified PAPs will be offered and paid compensation that will be based on the assessed values of their properties.

Compensation to owners of these structures has three components:

Land value;

Cost of replacement of structures; and

Disturbance.

The estimated values for the structures will be finalized when the setting out is carried out in the field. The current values were based on properties which fall within the legal ROW of 34.30m (ie. 17.15m on each side from the centreline). However, compensation will only be paid for those structures which will actually be affected by roads construction.

These include structures which fall within the ‘band’ that would be used for the reconstruction of the carriageway, drainage structures, bus stop, pedestrian facilities etc. The implication is that not all properties identified to be affected will be demolished and therefore resulting in the final numbers of PAPs and compensation to be paid.