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Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER THREE ............................................................................................................................ 173.0 LEGAL FRAMEWORK ............................................................................................................... 173.1 CONSTITUTION OF THE REPUBLIC OF GHANA ............................................................... 173.2 The State Lands Act (1962) Act 125 (As Amended) ....................................................... 183.3 COMPENSATION AWARDS ............................................................................................. 203.4 MILLENNIUM CHALLENGE CORPORATION (MCC)’S GUIDANCE ON RESETTLEMENT .... 213.5 WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT (OP 4.12) ............................ 223.6 POLICY AND PRACTICE: COMPARING GHANAIAN LAW AND ......................................... 22CHAPTER FOUR ............................................................................................................................. 264.0 PAP PROFILE AND LAND USE .................................................................................................. 264.1 LOCATION OF PAPS ........................................................................................................ 264.2 CATEGORIES OF PAPS ..................................................................................................... 274.2.1 Property Owners and Residents ............................................................................. 294.2.2 Business Operators ................................................................................................. 294.2.3 Hawkers/ Petty Traders .......................................................................................... 304.2.4 Public Entities .......................................................................................................... 304.2.5 Parking Areas for Public Transport ......................................................................... 314.3 AGE AND SEX DISTRIBUTION .......................................................................................... 314.4 EDUCATIONAL ATTAINMENT ......................................................................................... 314.5 NATIONALITY AND ETHNICITY ........................................................................................ 314.6 LAND USE IN THE PROJECT CORRIDOR ......................................................................... 32CHAPTER FIVE ............................................................................................................................... 345.0 SOCIAL IMPACTS OF N1 ROAD PROJECT ............................................................................ 345.1 Potential Positive Impacts .............................................................................................. 345.1.1 Regional Economy ...................................................................................................... 345.1.2 Better Road Infrastructure and Transport Services ................................................... 355.1.3 Boom in Local Economic Activities ......................................................................... 355.1.4 Increase in Property Values .................................................................................... 365.1.5 Job Creation ............................................................................................................ 365.1.6 Decrease in accident rates ...................................................................................... 365.1.7 Public Health and Safety ......................................................................................... 365.2 NEGATIVE IMPACTS – CONSTRUCTION PHASE .............................................................. 375.2.1 Impact on the Well Being of Persons Working and Living in Corridor ................... 375.2.2 Increased Noise Levels ............................................................................................ 375.2.3 Increased Dust Levels.............................................................................................. 375.2.4 Impact on Public Health and Safety ........................................................................ 385.2.5 Impact on Occupational Health and Safety ............................................................ 385.2.6 Impact on Road Safety and Possible Increase in Accidents .................................... 385.2.7 Impact on Pedestrian Safety ................................................................................... 385.2.8 Impact on Business Operations .............................................................................. 385.2.9 Impact on Incomes .................................................................................................. 395.2.10 Loss of Access to Homes and Businesses ................................................................ 395.2.11 Impact on Aesthetics .............................................................................................. 395.2.12 Impact on Traffic Movement .................................................................................. 395.2.13 Loss of Enjoyment of Properties ............................................................................. 39ii

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 25.3 OPERATIONAL PHASE IMPACTS ..................................................................................... 405.3.1 Road Safety ............................................................................................................. 405.3.2 Impact on Land Use ................................................................................................ 405.4 MITIGATION MEASURES ................................................................................................ 405.4.1 Minimization of Resettlement through Project Design .......................................... 40CHAPTER SIX .................................................................................................................................. 426.0 VALUATION PROCEDURES ................................................................................................. 426.1 ORGANIZATIONAL PROCEDURES FOR THE DELIVERY OF ENTITLEMENTS ..................... 426.2 ELIGIBILITY CRITERIA ...................................................................................................... 436.3 PROOF OF ELIGIBILITY .................................................................................................... 436.4 COMPENSATIONS FOR THE VARIOUS CATEGORIES OF PAPS ........................................ 496.4.1 Property Owners ..................................................................................................... 496.4.2 Residential Tenants ................................................................................................. 496.4.3 Business Operators who Own Structures ............................................................... 496.4.4 Business Operators who Do Not Own Structures ........................................................ 506.4.5 Hawkers and Petty Traders ..................................................................................... 506.4.6 Apprentices .................................................................................................................. 516.4.7 Institutions .............................................................................................................. 516.6 GRIEVANCE PROCEDURES .............................................................................................. 536.6.1 The Grievance Procedures ...................................................................................... 54CHAPTER SEVEN ............................................................................................................................ 567.0 PROPERTY IMPACT ASSESSMENT ........................................................................................... 567.1 Movable/Temporary Properties .................................................................................... 577.1.1 Classification Based on Status of Operation ........................................................... 577.1.2 Physical Classification ............................................................................................. 587.1.4 Activity Classification .............................................................................................. 597.1.5 Assessment of Supplemental Assistance ................................................................ 617.1.6 (i) Assessment of Relocation Cost (Transportation Cost) ........................................ 627.1.6 (ii) Assessing Replacement Cost of Civil Work Improvements ................................. 627.1.6 (iii) Assessment of Loss of Income during Reinstatement Period ......................... 627.1.6 (iv) Provision for Disturbance ................................................................................ 637.1.7 Summary of Estimated Supplemental Assistance .................................................. 647.2 Immovable/Permanent Properties .................................................................................. 647.2.1 Type of Permanent Properties ................................................................................ 647.2.2 Extent of Impact ...................................................................................................... 667.2.3 Extent of Impact on Buildings Affected .................................................................. 667.2.4 Extent of Impact on Filling Stations and Washing Bays .......................................... 677.2.5 Building Use Classification ...................................................................................... 677.2.6 Details of Impact on Affected Properties ............................................................... 687.2.7 Basis for the Assessment of Compensation Value ................................................. 687.2.8 Unit Construction Rates Adopted ........................................................................... 687.2.9 Compensation for Affected Land Areas .................................................................. 707.2.10 Compensation for Disturbance ............................................................................... 717.2.11 Summary - Estimated Compensation Valuation List .............................................. 71CHAPTER EIGHT ............................................................................................................................. 73iii

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 28.0 IMPLEMENTATION PLAN ................................................................................................... 738.1 REVIEW AND APPROVAL OF COMPENSATION ASSESSMENT ........................................ 768.2 ISSUANCE OF OFFER LETTERS TO PROPERTY OWNERS .................................................. 768.3 FORMATION OF RESETTLEMENT MONITORING COMMITTEE (RMC)............................ 778.4 FORMATION OF GRIEVANCE COMMITTEES (GC)........................................................... 778.5DISCLOSURE OF RAP BY MiDA ............................................................................................. 778.6 RAP IMPLEMENTATION .................................................................................................. 788.6.1 Negotiations with PAPs ........................................................................................... 788.8 PAYMENT OF SUPPLEMENTAL ASSISTANCE ................................................................... 838.9 COMPENSATION FOR LANDED PROPERTIES ..................................................................... 838.10 VACATION OF SITE BY PAPS ........................................................................................ 838.11 REINSTATEMENT OF HAWKERS / PETTY TRADERS ..................................................... 848.11.1 Skills Training for Petty Traders and Hawkers: ....................................................... 848.12 TECHNICAL ASSISTANCE FOR LAND ACQUISTION ...................................................... 84CHAPTER NINE .............................................................................................................................. 859.0 budget and SOURCE OF FUNDING FOR RAP ...................................................................... 85CHAPTER TEN ................................................................................................................................ 8610.0 MONITORING AND EVALUATION ................................................................................... 8610.1 Monitoring Objectives ................................................................................................ 8610.2 Monitoring and Evaluation Phase .............................................................................. 8610.2.1 Internal Monitoring and Supervision .................................................................. 8710.2.2 External Monitoring and Supervision.................................................................. 8710.2.3 Monitoring Indicators ......................................................................................... 8710.3 Post-Project Evaluation .............................................................................................. 8810.3.1 Objectives of the Evaluation ............................................................................... 88REFERENCES .................................................................................................................................. 90APPENDICES .................................................................................................................................. 91iv

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2LIST OF TABLES1-1 Communities in N1 LOT 2 23-1 Comparison of Ghanaian Laws and MCC/World Bank Policies andPractice264-1 Communities within which PAPs are located 294-2 Categories of PAPs within the Right of Way 315-1 Accidents on the TQM Road (2002-2004) 406-3 Entitlement Matrix 487-0 Summary of Affected Properties at each Priority Section. 587-1 OPERATIONAL STATUS - TEMPORARY STRUCTURES 597-2 Priority Sections 597.3 - TYPE OF STRUCTURES - CONSTRUCTION MATERIAL 607- 4 SIZE OF STRUCTURES 617 -5 SECTION 1 - 12+500 - 14+125 627-6 TOTAL PERMANENT PROPERTIES 647-7 to7-8Sections 647-9 TOTAL BUILDINGS AFFECTED 668-1a Negotiation and Feedback Period for PAPS: Section 1 718-1b Negotiation and Feedback Period for PAPS: Section 2 728-1c Negotiation and Feedback Period for PAPS: Section 3 73v

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 28-1d Negotiation and Feedback Period for PAPS: Section 4 7410-1 Internal Performance Milestone 8010-2 Monitoring Indicators 81LIST OF FIGURESFigure 1Figure 2Figure 3The Road Map of Greater Accra RegionGHA OrganogramLinkage between Road Improvement and SocialMobility/Integrationvi

ACRONYMSUpgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2AVRLAMABRTDURECGEIEIAEMPEMUEPAGHAGoGGPRTUGTCGWCLICTJHSLVBMCAMCCMiDAMLGRDEMoTMRTMSLCOPPAPsRAPROWRPFRSDPSACSHSSIASMEsSPSSTCPDTORTQMTSDPAqua Vitens Rand LimitedAccra Metropolitan AssemblyBus Rapid TransitDepartment of Urban RoadsElectricity Company of GhanaExecutive InstrumentEnvironmental Impact AssessmentEnvironmental Management PlanEnvironmental Management UnitEnvironmental Protection AgencyGhana Highway AuthorityGovernment of GhanaGhana Private Road Transport UnionGhana Telecom CompanyGhana Water Company LimitedMessrs Intercontinental Consultants and TechnocratsJunior High SchoolLand Valuation BoardMillennium Challenge AccountMillennium Challenge CooperationMillennium Development AuthorityMinistry of Local Government, Rural Development and EnvironmentMinistry of TransportationMinistry of Road TransportMiddle School Leaving CertificateWorld Bank’sOperational PolicyProject Affected PersonsResettlement Action PlanRight of WayResettlement Policy FrameworkRoad Sector Development ProgramSite Advisory CommitteeSenior high SchoolSocial Impact AssessmentSmall and Medium EnterprisesStatistical Packages for Social ScientistsTown and Country Planning DepartmentTerms of ReferenceTetteh Quarshie Interchange to Mallam JunctionTransport Sector Development Programvii

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2EXECUTIVE SUMMARYINTRODUCTIONThe upgrading of the N1 Highway between Tetteh Quarshie Interchange and Mallam RoadJunction (TQM) is part of the MCA Program. The road was selected for upgrading because of itsvital role as a link between the growing areas in parts of the intervention town to the TemaSeaport and the Kotoka International Airport, and the destination of most of the horticulturalproduce brand for European Markets. The RAP for Lot 2 of the N1 Highway has been developedand prepared in accordance with the MCC Guidelines (World Bank O.P. 4.12) and Governmentof Ghana Law.Since the project requires resettlement of Project Affected Persons (PAPs), this RAP has beenprepared with the aim of detailing plans for mitigating negative impacts by providingcompensation, relocation, and reinstatement of the PAPs living and working along the ProjectCorridor. The RAP further explains the basis for identification of PAPs and valuation of affectedproperties as well as grievance procedures, and the provision for resettlement monitoring. Theplan includes the dates of public disclosure, timing for negotiations and payment ofresettlement compensation packages to PAPs and lays out the roles and responsibilities of theinstitutions involved in the implementation of resettlement. 1PROJECT DESCRIPTIONThe Tetteh Quarshie-Mallam Junction Road is a 14 km stretch of highway that begins at Tetteh-Quarshie Interchange to the east, intersects the Nsawam Road at about 5.5 kilometer (via theApenkwa Interchange) and ends at Mallam Junction, a major highway that links Accra with thesouthwest of the country, (via the Accra-Winneba Road).The N1 Highway is to be upgraded from a two-lane single carriageway into a three-lane dualcarriageway. The work is to be undertaken in two phases. Phase I comprises the construction ofa 3-lane dual carriageway without service roads and the construction of grade-separation atDimples/Achimota and Mallam Junction. Phase II will involve the construction of service roads,intersections and more interchanges.The 14 km road will be constructed in two Lots: Lot I and Lot II. Lot I stretches from the Tetteh-Quarshie Interchange to the Apenkwa Interchange, a distance of approximately 5.5 km. Lot IIstretches from the Apenkwa Interchange to the Mallam Junction, a distance of approximately1 It should be noted that all numbers in this RAP are provisional. A census enumerating PAPs in the corridor wascompleted on February 17, 2009 which is considered the cut-off date for eligibility. While the RAP numbersprovide a close to final estimate, LVB must make the final determination on affected property holders. Secondly,additional road construction ROW requirements necessitate the inclusion of some additional PAPs. Third, due tothe complexity of land tenure, the Government of Ghana requires a statutory waiting period of six months afterland acquisition by Executive Instrument. That waiting period will expire June 30, 2009, after which final numbersof landowners will be determined by LVB.viii

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 28.5 km. This RAP lays out plans specifically for Lot II, which was acquired by Government ofGhana (GoG) by Executive Instrument and gazetted on December 31, 2008.OPERATIONAL PROCEDURESMiDA engaged the services of a Consultant to prepare a RAP for Lot 2, among other things.MiDA shall oversee the implementation of the resettlement/rehabilitation process with theassistance of the following Institutions: Ghana Highway Authority (GHA), EnvironmentalProtection Agency (EPA) and Land Valuation Board (LVB). The EPA is a key Agency whose mainresponsibility is to review the Environmental Impact Assessment of the Project. The GHA isresponsible for administration of the resettlement payments of PAPs while the RAP Consultantshall assist with negotiations with the PAPs. LVB with the help of GHA identified the affectedproperties and PAPs in the Corridor. The Land Valuation Board is responsible for ensuring thatappropriate compensation is assessed and paid to the appropriate owners. The Land ValuationBoard is also responsible for sending out offer letters to property owners and negotiating withaffected persons who are dissatisfied with their offers. Utility companies, including, GhanaWater Company, Electricity Company of Ghana and Ghana Telecom will be responsible forreconnecting utility services lost by PAPs.PROJECT AFFECTED PERSONS (PAPS) PROFILEFive different Right-of-Ways (ROWs) are being applied to the road corridor in an effort tominimize resettlement impact of the project. The main ROWs are 74 meters, 78 meters, and 82meters along the corridor as presented in Table 1 below by chainage with the numbers of PAPsenumerated in each community. From the census of affected persons in these ROWs, a total ofFive thousand and fifty-five (5,579) persons have been enumerated from the 9 communitiesalong the project corridor. Additional ROWs of 80 meters, and 90 meters apply to interchanges.PAPs located in these interchanges were not captured in the census, but are included in thisRAP as close to final estimates. Consequently, the numbers in the table below reflect PAPsenumerated during the census but not final numbers of PAPs.Table 1: Communities within Right of WayROAD WIDTH ANDCHAINAGECOMMUNITIESPROJECT-AFFECTED PERSONSFemale Male TOTAL(74m) 8+000 - 12+000 AbekaLapaz 354 280 634NiiBoi Town 636 414 1050Official Town 195 319 514North Odorkor 10 60 70Kwashieman 291 463 754(74m) 8+000 - 12+000 Total 1486 1536 3022(78m) 6+000 - 8+000 Apenkwa 163 202 365Akweteyman 321 480 801ix

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2AbekaLapaz 171 185 356(78m) 6+000 - 8+000 Total 655 867 1522(82m) 12+000 - 14+119 Kwashieman 21 25 46North Odorkor 50 80 130Awoshie 73 168 241Mallam 272 346 618(82m) 12+000 - 14+119 Total 416 619 1035Grand Total 2557 3022 5579The majority (3,022) of the PAPs were identified within the 74 meter ROW. A further 1,522were located within the 78 meter ROW while the remaining 1,035 were within the 82 meterROW. The affected persons include property owners and residential tenants. Others arebusiness operators, petty traders, hawkers and apprentices. Males outnumber females(3,022:2,557). Most PAPsare Ghanaians, with the Akans constituting the dominant ethnicgroup, followed by the Ewes and the Ga/Adangmes. Out of the 5,579 PAPs on the corridor,4,404 have had some formal education, with the majority (2,394) having had up to MSLC/JuniorHigh School. Estimated final numbers of PAPs are found below in Table 2.COMPENSATIONPAPs with StructuresAll PAPs who own permanent or temporary structures shall be entitled to compensation fortheir structures at replacement cost based on existing market values. They will also receivemoving allowance. This category of PAPs has been listed in the Property Impact Assessmentcompiled by the valuer and found in Chapter 7.Residential TenantsAll residential tenants losing their residential accommodation because of the project willreceive one year’s rent. This amount is to enable the tenants find alternative places that aresimilar to what they are losing.Business Operators, Artisans, and Small TradersBusiness operators who own permanent structures will receive compensation for the structureas well as compensation for lost business profits for 6 months. In the case of temporarystructures, the owners will be paid for the cost of relocating the structures and not thestructures themselves.Business operators such as artisans, metal fabricators etc, who do not have structures, willreceive moving allowance to remove their chattels from the road corridor. However pettytraders and hawkers will receive different kinds of training depending on their age and gender.x

LandholdersUpgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2For land, Government of Ghana procedures will be followed and funds equivalent to theestimated value of lands will be held in special account as agreed with MCC for disbursement tolandowner once LVB has confirmed the land claim.IMPLEMENTATIONTo facilitate the rapid implementation of the construction phase, the RAP will be implementedin phases that are consistent with the Contractor’s Site Access Plan. (See the attachedImplementation workplan). The road sections and corresponding site access dates, whichindicate the physical resettlement and compensation activities for the corresponding Sections,have been completed as shown below. Numbers of PAPs indicated in the implementationsection include projections made for the intersections and must be considered as provisional.Table2:Implementation SectionsIMPLEMENTATION CHAINAGE COMPLETION DATE PROJECT-AFFECTED PERSONS:SECTIONMAJOR TYPES AND NUMBER1 12+500 – 30 th Sept 2009 869 (mostly business operators,14+119residents, house/land owners andpetty traders.2 8+600 – 23 rd Nov 2009 2,016 (mostly business operators,12+500apprentices, petty traders and3 6+000 –7+5004 7+500 –8+6005 (LOOP 5) 0+000 -0+200hawkers)26 th Jan 2010 1,015 (mostly business operators,hawkers, petty traders andapprentices)26 th Jan 2010 1,842 (mostly petty traders,business operators and hawkers.)3 rd Feb 2010 524 (mostly petty traders andbusiness operators.)xi

CHAPTER ONEINTRODUCTION1.1 BACKGROUNDThe Millennium Challenge Corporation (MCC) signed a five-year, approximately $547 millionCompact with the Government of Ghana (GoG) on August 1, 2006. The Millennium ChallengeAccount (MCA) is viewed as an opportunity to address fundamental structural problems in thelocal economy, as well as to help improve the economic, political and social stability of the subregion.Ghana’s principal economic goal is to improve the standard of living for its citizens, andto achieve middle-income status within a decade, driven by private sector led growth. TheCompact program is intended to advance these goals by enhancing economic growth throughpoverty reduction.The Compact identifies three key objectives to advance the overarching goal of povertyreduction by means of economic growth:1) Increase productivity and business skills of small and medium sized farmers, both men andwomen, and their employees via activities described within the “Agricultural DevelopmentProject”,2) Reduce transportation costs between target production centers and national, regional, andglobal markets via activities described within the “Transportation Development Project”, and3) Improve critical social services by providing additional water supply, sanitation and educationfacilities in select districts, via activities described within the “Rural Services DevelopmentProject”.As described in the Compact, the Millennium Development Authority (MiDA) is the entityaccountable for overall management of the Compact’s implementation. MiDA, created underthe laws of Ghana, is a legal entity governed by a Board responsible for making key strategicdecisions, providing oversight, and is ultimately responsible for Program success or failure.The upgrading of the N1 Highway between Tetteh-Quarshie Interchange and Mallam (TQM)Road Junction is part of the MCA Ghana Program. The road was selected for upgrading becauseit links growing areas in parts of the Intervention zones to the Tema seaport and the KotokaInternational airport, the destinations of much of the horticultural produce bound for EuropeanMarkets. In total, the length of the road is 14.0km and it traverses a highly urbanized corridor. Itacts as an arterial road that feeds traffic into minor roads that lead off it while it also serves asthe outer ring road, forming a boundary between the metropolitan area of Accra and the outeradministrative areas.The N 1 which is presently a two-lane single carriageway is to be upgraded into a three-lanedual carriageway. The 14km road will be constructed in two Contracts: Lot 1 and Lot 2. This RAPis for the second contract (Lot 2) which begins at km 6+000 and ends at km 14+119; starting1

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2from the Apenkwa Interchange and ending at the Mallam Junction, a distance of 8km. The maincommunities along the route are as follows:Table 1 – 1: Communities in N1 LOT 2RIGHT HAND SIDELEFT HAND SIDECommunity Chainage Community ChainageAkweteman 6+000 – 8+000 Apenkwa 6+000 – 7+080Nii Boi Town 8+000 – 9+400 Abeka-Lapaz 7+080 – 9+300Kwashieman 9+400 – 12+200 Official Town 9+300 – 11+680Awoshie 12+200 – 13+400 North Odorkor 11+680 – 12+800Mallam 13+400– 14+119 Mallam 12+800 – 14+119This Resettlement Action Plan (RAP) of Lot 2 of the N1 road has been prepared as part ofconsultancy services awarded to Messrs Intercontinental Consultants and Technocrats Pvt.Limited (ICT), New Delhi, India in joint venture with BANS Consult LTD., Accra, Ghana, by theMillennium Development Authority (MIDA), Ghana. The Lot 2 RAP has been formulated toachieve the overall goal of mitigating the adverse impacts of the project.2

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2FIG. 1.1- THE ROAD MAP OF G R E A T E R A C C R A R E G I OProject Corridor(14Km)Apenkwa InterchangeEnd of Lot IStart of Project(Tetteh Quarshie Interchange)End of Project(Winneba-Mallam Road Junction)3

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 21.2 PROJECT DESCRIPTIONThe project road between Apenkwa Interchange and Mallam Road Junction forms the secondpart of the TettehQuarshie-Mallam Junction Road. This 14km road that begins at the Tetteh-Quarshie Interchange to the east intersects of the Nsawam road at about kilometer 5.5 (via theApenkwa Interchange) and ends at Mallam Junction. As a major highway that links Accra withthe Southwest of the country (via the Accra-Winneba road), the TQM is a continuation of theN1 Highway. Figure 1-1 above shows the TQM road in relation to the entire N1 highway.The project road in its current state is mostly a two-lane undivided urban facility with asphalticconcrete surfacing. It is a transport facility that is heavily trafficked, with volumes rangingbetween 25,700 and 30,800 vehicles per day. The southern carriageway had been developedinto an asphaltic concrete road but is in a poor to fair condition. However, the Northerncarriageway had been developed only to formation level and not being used at present for thethrough traffic because of its current poor state. The existing carriageway has a width varyingfrom 7.0m to 7.8m, while the width of the shoulders varies between 0.6 and 2.4m.The project road lies entirely in the Greater Accra Region, and serves as a bypass to the CentralBusiness District (CBD) of Accra for road users to and from Central, Western and EasternRegions of the Country. Apart from this, the TQM also serves a number of functions:• It is a major through road for international and inter-regional traffic.• It is a major urban orbital distributor providing the only continuous east-west connectoracross the city outside the inner Ring Road.• It is a major local distributor of traffic between residential developments, local marketcenters, businesses and urban centers along the route.• It is the location of major interchanges between city and suburban mass transit/publictransit services provided by taxis, minibuses and buses.This RAP focuses on Lot 2; a distance of 8km. Aside from the intense development along bothsides and throughout the ROW, the busy nature of the road corridor also makes it heavilychoked with traffic throughout the day. The Abeka-Lapaz Junction was identified as an areacrowded with hawkers and traders intermingling with transiting passengers. Other worst pointsof traffic congestion along the corridor include the major intersections at Darkuman,Kwashieman, Awoshie and the Mallam Junction. These areas are characterized by intensebusiness activities.Work on Lot 2 will be carried out in two phases. The reconstruction of Phase 1 comprises acomplete upgrading of the Km 6+000 - 14+119 consisting of a six lane section supposed to havea standard divided configuration with two carriageways of 10.50 width separated by a 3 meterwide median.4

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Major components of the reconstruction are as follows:• Construction of a dual three-lane carriageway (each carriageway of 10.50m width) withan additional 0.5 meter ‘kerb-shy’ zone on median side and 2.0 meters shoulder onedge, with the central reserve (median) kept to a minimum width safety toaccommodate signs and lighting columns (but not U-turn facilities).• Central median of width varying between 1.0 meters to 3.0 meters paved shoulders of2.5 meters wide starting from Km 12+000 to Mallam Junction. Shoulders have not beenproposed from section Km 6+000 to 12+000 because of the restriction in the width ofland acquisition.• Provision for public transport facilities, footpaths and footbridges along the route andparticularly at intersections• A 3.0-meter separator beyond the shoulder to support pedestrian and cycle track onboth sides along the project road.• Construction of five major intersections along the project road section include: Abeka-Lapaz junction, Darkuman junction, Kwashieman junction, Awoshie junction and gradeseparation (Trumpet Interchange) at Mallam Road junction. Besides these, there aresome minor cross roads which are used to access the various settlements from theproject road.• Relocation of utilitiesPhase I work will be funded through MCC. MCC funding will not be used to fund phase IIimprovements. However, MCC funding will be allocated for the development of theDesign/Feasibility Studies, Environmental Impact Assessment (EIA), EnvironmentalManagement Plan (EMP), and Resettlement Action Plan (RAP) of phase II improvements.• The recommended phase II improvements include:• The construction of service roads alongside the main carriageway with footpaths andbicycle lanes,• Grade Separation at other major Interchanges at Abeka-Lapaz junction, Darkumanjunction, Kwashieman junction and Awoshie junction.Please refer to the project drawings at the end of chapter one for further clarification.1.3 PROJECT JUSTIFICATIONThe road sector in Ghana has a backlog of rehabilitation and maintenance that becamemanifested in high transport and vehicle operating costs. The Ministry of Roads and Highwaysfinds the traffic volume to be too high for the current road capacity. To facilitate economicgrowth, road improvement is critical.5

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 21.3.1 Regional ConsiderationsThe Government of Ghana (GoG) recognizes the importance of good road infrastructure as aprime facilitator for the rapid socio-economic development of the country. Improving roadcapacity at the national, primary and urban levels to underpin expected increase in agriculture,industry and tourism has been identified as an integral part of the drive to attain MiddleIncome status for the country. To ensure the operational efficiency of road transport betweenGhana and the neighboring countries on the eastern and western borders, Ghana isimplementing major rehabilitation of the National Highway Route N1, that is the road fromAflao (on its eastern border) to Elubo (on its western border) which is a part of the EconomicCommunity of West African States (ECOWAS) Coastal Trans West Africa Highway.In its current state, the Tetteh Quarshie – Mallam section of the National Highway N1 does nothave the needed capacity and the operational level of service that is required as a regionalroute corridor. It has therefore become a bottleneck that must be upgraded to open upGhana’s economy to regional and international trade opportunities. It is also to enable Ghanato meet her regional obligation of having the full length of the ECOWAS Coastal Trans WestAfrican Highway within her territory brought up to the required corridor standard.Moreover, because of the recent crisis in her western neighbor, La Cote d’Ivoire, Ghana has hadthrust on her the added responsibility of providing a transit corridor for landlocked countries tothe north namely; Burkina Faso, Mali and Niger. Most goods delivered to the seaport of Abidjanare now being re-routed through Ghana to her northern landlocked neighbor countries.1.3.2 Social BenefitsThe construction of the TQM carriageway under Phases 1& 2 including service roads for bothdirections, will also alleviate the unacceptable traffic congestion levels currently experienced onthe existing facility during most of the day. This will result in the reduction of vehicle operatingcosts, accidents, stress levels of motorists and pollution to the environment. In effect, the socialdemand for the project is also a strong one because the construction of the TQM road can leadto benefits such as better access to social services and other employment opportunities whichcan help reduce poverty.The TQM functions as a section of the Trans West-African Highway and it is geographically welllocated, with its proximity to the Tema Harbor and the Kotoka International Airport in Accra. Itis particularly vital to the export of horticultural products from the Southern Zone. Uponcompletion of the upgrading of the TQM, motorists from the Western and Central Regions aswell as Ghana’s neighboring countries will experience improved access, lower transportationcosts, shorter travel time and a quick delivery of goods and services.Currently traffic on the TQM is heavy. Typically traffic volumes of about 2000-2500 vehicles perhour (two-way) occur over most of the period from 6am to 8pm. (Jacobs 2006)The density of traffic is such that any minor disruption causes long delays. Typical free-flowtravel speeds along the road are of the order of 50-70kph. At junctions and through their6

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2associated intense urban activity zones, average speeds can fall to less than 10kph (Jacobs2006). Choke points for the traffic on Lot 2 are at four intersections,Abeka-Lapaz, NyamekyeJunction, Awoshie Junction and Mallam Junction and these would be upgraded to ensure amore efficient traffic flow. Accident rates recorded on the TQM are also high and it isanticipated that the upgrading will reduce traffic fatalities.1.4 OBJECTIVES OF THE RESETTLEMENT ACTION PLAN• The overall goal of the RAP is to ensure that the TQM rehabilitation does not causemajor adverse impacts among the people affected. The specific objectives of the RAP forLot 1 are to provide the following:• Guidelines for all aspects of the required resettlement operation in sufficient detail thatproject officers can implement the program successfully, to avoid and reduceimpoverishment.• Outline the policies and guidelines of GoG and other implementing agencies that may beadopted to mitigate negative impacts on the people affected.• Document the minimization of resettlement through the project design and appropriatemethods for adequate compensations, restoration and improved economic livelihoodsas well as detailed relocation sites, plans and designs.• Document specific valuation and compensation strategies that will be adopted forresettling the affected people.• Assess the capabilities of the agencies responsible, to ensure effective operationsincluding monitoring and evaluation that will provide information on the progress of theprogram.• Identify avenues for public information dissemination, public consultation andparticipation of the people affected which are essential to the success of the projectdesign and implementation.1.5 SCOPE OF THE RAPThe scope of the RAP is detailed as follows:• A PAP Population Census and Socio-Economic Survey to identify affected persons andhow much they have been affected. These include households, businesses and lands; anestimated total of 5,055 PAPs, 6 parking areas for public transport, 2,062 structures and30 bare plots of land.• A PAP Asset Inventory and Valuation of housing, businesses and other infrastructure toassess and value property to be lost. Partial loss of property has also been taken intoaccount.7

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2• Resettlement Area Assessment: Identification of areas for relocation of affectedindividual residences, business owners and various categories of vendors (where theyare available) to recommend possible relocation or supplemental remedial measures.1.6 METHODOLOGY1.6.1 Studies Undertaken for RAPFor the assumptions underpinning this Resettlement Action Plan, several studies and activitieswere carried out which comprised of the following:• Assessment of project documents• Census and socio-economic survey• Institutional identification and capacity assessment of agencies• PAP asset inventory and valuation• Community physical infrastructure inventory• Investigation of Alternative Sites• Resettlement area assessment• Participatory program assessment• Primary data collection• Data collation and analysis1.6.2 Assessment of Project DocumentsA number of documents were obtained from various organizations including MiDA, and othergovernment agencies. These documents helped to set the project within the relevantbackground. They included the following:• Millennium Challenge Compact• MCC Guidance on the Implementation of Resettlement Activities• MCC Gender Policy• MCC Environmental Guidelines• Resettlement Policy Framework by Ministry of Transportation• The 1992 Constitution• State Lands Act (1962) Act 125• Administration of Lands Act (1962) Act 123• Public Conveyance Act (1965)• Lands Statutory Wayleaves Act (1963) Act 1861.6.3 Census and Socio-Economic SurveyA listing of all persons who own land, structures or live and work in the road corridor wasundertaken within the seventy-four (74), seventy-eight (78), eighty (80), eighty-two (82) meterROW for the intersections and ninety 90 meters for the interchange. In terms of project impact,these were the people likely to lose shelter, business premises and suffer other intangible8

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2losses. Data gathered included photographs of PAPs, bio-data, educational level, nationality,ethnicity, religion and status as well as activity in relation to the road.1.6.4 Institutional identification and capacity assessment of agenciesInstitutions that had roles to play in the resettlement were categorized and their capacitieswere assessed through a study of earlier works and a rapid appraisal done by the RAP team.1.6.5 PAP Asset Inventory and ValuationIn order to establish the extent of PAPs’ losses, an asset inventory and valuation has beenprepared: the inventory details which structures will be partly or completely demolished or willneed to be relocated. In addition, it specifies ownership and other vital information.1.6.6 Community Physical Infrastructure InventoryA series of meetings were held with the sub-metro officials, community leaders and the leadersof transport and trade associations to help establish which community physical infrastructurewill be affected by the project.1.6.7 Investigation of Alternative SitesTo determine whether there is a suitable alternative site for PAPs to relocate to, communityleaders, sub-metro officials and PAPs themselves were consulted and engaged in the search forvacant plots of land in the immediate vicinity and other parts of the city.1.6.8 Resettlement Area AssessmentConsultants reviewed potential relocation sites in the N1 corridor area but found no suitablesites. Following leads from the PAPs, community leaders and local government officials, somepossible alternative sites for public transport parking areas have been identified at NiiBoi Town,Kwashiebu and Kokroko which are all in the immediate vicinity of the N1 road. Of these, theKokroko site appears to be the most suitable for the required purposes and will require theleast preparation. The details are in section 6.5.1.6.9 Participatory Program AssessmentConsultations have been held with various groups including traditional leaders and institutionsand other stakeholders which have brought out people’s perceptions and views about theproject as well as how they would like to be involved in it. A public forum will be held during theimplementation of the RAP to disseminate information and solicit more views.9

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 21.6.10 Primary Data CollectionIn addition to the secondary sources of data, the census, socio-economic survey and theconsultations involved a combination of several methods of social research such as Focus GroupDiscussions (FGDs), in-depth/key informant interviews as well as interviews with individualPAPs.1.6.11 Data Collation and AnalysisThe qualitative data from the FGDs and other consultations were manually analyzed while thequantitative data analysis was done using the Statistical Package for Social Scientists (SPSS) andMicrosoft Excel. As a way of using some of the lessons learnt from the Lot 1 implementation toeliminate the same challenges in Lot 2, the following measures were added:• Separate census questionnaires were administered to specific categories of PAPs.• Photographing PAPs with their names during the census data collection• Assignment of unique identification numbers for each PAP within the ROW• Data collection by chainage to make location of PAPs easier at a later date• Connecting PAPs to specific structures• Relating employers to their employees• Marking of pictures using PAP names and unique identification numbers for enhancedauthentication. These numbers will be used for all future Identification of PAPsassociated with Lot 2 during and at the time of negotiation and compensation issues.1.6.12 Sectional approach for implementationGiven the limited time for RAP implementation and construction, the RAP consultants workedclosely with the engineering design team to identify road sections for RAP and constructionimplementation. As a result, Lot 2 has been divided into five implementation sections accordingto the chainage and construction priorities based on required construction period. Theseimplementation sections and chainages are detailed in Table 1-1 in the executive summary ofthis document and in Chapter 8.1.6.13 RAP Implementation practicesThe following approaches have been adopted to facilitate the implementation of the RAP:• Assigning PAPs unique identification numbers to each PAP which can be used to identifythem and for them to identify themselves in relation to their claim. This number will begiven to them as part of the negotiations for them to present during the payment ofcompensation.• Using electronic payment system instead of manual payment to minimize the riskassociated with handling of cash10

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2• GHA will establish an office in the corridor to facilitate payment to PAPs seeking theircompensation packages and will establish electronic payment at that location.• The picture and all data on each PAP will be printed on the negotiation forms beforethey are sent out• PAPs should present proof of ownership of business before negotiation commences11

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER TWO2.0 OPERATIONAL PROCEDURES & INSTITUTIONALFRAMEWORKTen or more institutions will participate in the implementation of theresettlement/rehabilitation process. The ultimate responsibility, however, rests with the MIDA.For the purpose of this RAP, the activities of the major institutions are highlighted.2.1 THE MILLENNIUM DEVELOPMENT AUTHORITY (MiDA)MiDA has procured the services of a consultant who has been assigned the duty of:• Carrying out a feasibility study,• Preparing engineering designs,• Preparing an Environmental Impact Assessment/Environmental Management Plan,• Preparing a Resettlement Action Plan and• Assisting in the Implementation of the RAPMiDA signed an Implementing Entity Agreement with the Ministry of Roads and Highways thatengages the Road Agencies including Ghana Highway Authority in the implementation process.The Ghana Highway Authority has set up a Resettlement Office that will see to the day to dayimplementation of the RAP.MiDA in conjunction with EPA and some private sector bodies shall oversee the Monitoring ofthe RAP implementation.The RAP implementation will be funded through Compact funds and government of Ghana Thiswill provide funds for implementation of the RAP which would include paying all Project-Affected-Persons (PAPs), compensation/reinstatement packages due them training proposedfor some categories of PAPs and the daily operations of the Grievance Committees.In addition, MiDA will engage the services of the consultant to undertake an Audit of the RAPImplementation after it has been completed.12

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 22.2 THE GHANA HIGHWAY AUTHORITY (GHA)The Ghana Highway Authority is one of the agencies of the Ministry of Roads and Highway(MRH). The GHA is a semi-autonomous body with a responsibility for the provision andmanagement of trunk roads. It was originally established in 1974 as the organizationresponsible for the development and administration of the entire national road network. Sincethe GHA Act of December 1997 however, its role has been limited to the administration,control, development and maintenance of trunk roads and related facilities subject to thepolicies of the MRH.The N1 road falls under the jurisdiction of GHA that will also serve as the resettlementimplementation agency and will have ultimate control of the road. Apart from theEnvironmental Management Unit (EMU) that has oversight of environmental and social issuesof the sector and has direct responsibility for resettlement operations, other sections likely tobe involved in the resettlement are the Surveying and Bridges section, the Accounts section,the Legal section as well as the Valuation section.The Valuation Section has facilitated the acquisition of Right-Of Way and the assessment of thecompensation to be paid to property owners affected by the project with the help of LVB. Theunit together with the GHA Accounts Section will also help with the payment of compensationto affected persons. The Legal Section will represent the agency in case of any lawsuit. (Formore clarity, refer to organizational chart of GHA below).13

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Board of DirectorsDirectorAuditChief ExecutiveDpt. Chief executive(Administration)Dpt. Chief executive(Development)Ag. Dpt. Chief executive(Maintenance)Directors:-Services-Human Resource-Finance-Public Affairs-TrainingandDirectors:-Contracts-Survey and Designs-Materials-Bridges-Planning-safety and EnvironmentDirectors:-Road Maintenance-Plant and Equipment-Stores and Supplies-Regional highwaysRegional Directors:14

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 22.3 THE DEPARTMENT OF URBAN ROADS (DUR)The Department of Urban Roads, which is another agency within the Ministry of Roadsand Highways is a civil service institution, responsible for the provision of roads otherthan trunk roads in the metropolitan areas. As regards N1, the DUR will oversee theoverall impact implications on the other road networks; the Right-Of-Way andalignment issues including utility co-ordination works and the interface between the N1Road project and the Bus Rapid Transit (BRT) project.2.4 THE LAND VALUATION BOARDThe Land Valuation Board (LVB) was formally set up in 1986 to perform functionsrelated to valuation of various properties for specified purposes. The LVB is accordinglythe statutory agency responsible for he processing of compensation claims oncompulsory acquisitions.The LVB will be assisted by GHA to identify and reference permanent and temporarystructures and determine compensation value. The compensation valuation list from theLVB is forwarded to the acquiring agency for processing for payment. Within the contextof the N1 project LVB will advise MiDA on the amount of compensatiotn to be paid tothe owners of the affected properties and also help resolve any grievances that have todo with compensation.2.5 ACCRA METROPOLITAN ASSEMBLY AND GA SOUTHMUNICIPAL ASSEMBLYThe Assemblies play significant roles in the implementation of resettlement schemesand also serve as media for public education and community consultations. Some of theadministrative structures of the Assemblies, that is, offices of the Assemblyman and theUnit Committees are normally used to inform and educate people in the project areaabout the intended projects, their impact and proposed mitigation measures. TheAssembly members also act as witnesses during payment of Supplemental Assistance toPAPs.For the N1 project, the AMA Roads Department, specifically, the traffic section and theOkaikoi North Sub-Metro as well as Ga South Municipality will be directly involved in theproject; the specifics of which are presented below. The AMA Traffic Section willrepresent AMA’s interest by: ensuring that junctions are improved and are safe with nobottlenecks; ROW to be acquired is justifiable and N1 design fits into the Urban (AMA’s)requirements. The Okaikoi North Sub-Metro, Ablekuma North sub-metro and Ga South15

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Municipality will represent MLGRD’s interest in the areas of jurisdiction and will offerfree counseling to the PAPs using their Development Control officers and inspectalternative sites identified by PAPs and other agencies. AMA will assist in moving PAPs.2.6 TOWN AND COUNTRY PLANNING DEPARTMENT (TCPD)The Department was set up, among others, to ensure that developments are done in anorderly manner and that land use is maximized. It is responsible for the preparation oflayouts for towns and cities. It also vets and approves layouts from prospectivedevelopers (especially private estate developers) and specifies all reservations based onprojected land use plans. The TCPD receives applications for development permits, vetsthem and recommends their approval or otherwise. The TCPD ensures that the ROW isimplemented as per the approved planning schemes on each road.2.7 ENVIRONMENTAL PROTECTION AGENCYThe Environmental Protection Agency (EPA) was established by the EnvironmentalProtection Agency Act of 1994 (ACT 490). The EPA was charged with the duty ofprescribing standards and guidelines relating to environmental protection and/orpollution. The Agency may by notice in writing direct any developer carrying on anyproject to submit an Environmental Impact Assessment covering the project.The Environmental Assessment Regulation of 1999 has listed the developments thatrequire clearance with the EPA. Development of road network is one of theundertakings that require the issuance of environmental permit before construction canbe done. For the N1 project EPA will issue a clearance for the project and monitor theresettlement/rehabilitation operations.2.8 UTILITY AGENCIESThe Utility companies that are likely to play a role in the resettlement schemes are: theElectricity Company of Ghana (ECG); Ghana Telecom (GT), Ghana Water CompanyLimited (GWCL) and mobile phone companies.These agencies at the appropriate times will disconnect and reconnect PAPs to theirservices before and after relocation as the case may be. Special consideration has to begiven to PAPs so that they are not treated as usual applicants for services to their newplaces.16

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER THREE3.0 LEGAL FRAMEWORK3.1 CONSTITUTION OF THE REPUBLIC OF GHANAThe 1992 constitution guarantees private property rights. Interference with ownershipand enjoyments of such rights is discouraged by the constitution. Even the country’ssovereign and inherent powers of eminent domain over private property is equallycontrolled and can be exercised only when it is in the public interest or for a publicpurpose to do so.The 1992 constitution stipulates in article 20 (1) that:“No property of any description or interest in or rights over any propertyshall be compulsorily taken possession of or acquired by the state unlessthe following conditions are satisfied:1. The taking of possession is necessary in the interest of defense,public morality,public safety, public order, public health, town and country planning ordevelopment or utilization of the property in such a manner as to promote thepublic benefit and2. The necessity for the acquisition is clearly stated as to provide justification forcausing any hardship that may result to any person who has an interest in orright over the property.Further article 20(2) provides that such compulsory acquisition shall only be made undera law which makes provision for:• The prompt payment of fair and adequate compensation• Right of access to the high court by any aggrieved person.Article 20(3) stipulates that where compulsory acquisition of land involves thedisplacement of any inhabitants, the state shall resettle them on suitable alternativelands with due regards to their socio-cultural values.Another key provision worthy of note is that, where any property compulsorily acquiredis not used for the stated purpose or in a public interest the owners are to be given thefirst option of taking back their lands subject to the refund of compensation received orpayment of commensurate amounts for the property.17

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 23.2 The State Lands Act (1962) Act 125 (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 thepublic interest as has been done for Lot 2 and shown below. The modalities for theacquisition are spelt out in the Act and its Regulation – State Lands Regulation (1962) LI230 and culminate in the publication of an EI. Once the EI is published, the landsspecified are deemed acquired and vested in the President. Consequently all previousinterests 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 otherincidental 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 consultationand involvement in the acquisition process. As effective consultation is crucial forproject implementation, the acquiring agency will conduct extensive consultation withthe affected locations and with other stakeholders at every stage of projectimplementation.18

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 219

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 23.3 COMPENSATION AWARDSThe laws on expropriation recognize the importance of compensation payments tomake up for losses suffered. The 1992 constitution for instance frowns on the exerciseof the eminent domain without prompt payment of adequate compensation.The basic government policy behind compensation awards is that no one should bemade worse off as a result of the implementation of any project. Accordingly any personwho establishes identifiable and legally recognized interest/rights is entitled tocompensation. The laws provide that the compensation claims are to be lodged by theaffected people within six months of acquisition. In most cases the claims are submittedby private professional valuers on behalf of claimants.The Land Valuation Board (LVB) which is the governmental agency mandated to valuelands and properties acquired by Government and advice on compensations to be paidcarries out field inspection, referencing of affected properties and prepares the list ofclaimants affected and the losses suffered. In carrying out the assessment ofcompensation the following broad principles are followed.• Market replacement prices are considered• Value of property to the existing owner and not the acquiring agency.• Values incorporate all losses and benefits flowing from the assets affected.• No account is to be taken of any improvement made within two years prior tothe publication of the EI unless the improvement was done in good faith and notin contemplation of the acquisition.Application of these principles ensures that the compensation offered is fair andadequate.Upon the completion of the assessment, payment is immediately effected; where thereare no conflicts to the claims submitted or disagreements in the amounts offered.Where compensation is assessed but cannot be paid owing to a dispute or conflicts, thegovernment is required to lodge the amount in an interest yielding escrow account.20

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 23.4 MILLENNIUM CHALLENGE CORPORATION (MCC)’SGUIDANCE ON RESETTLEMENTThe MCC resettlement principles provide specific guidance on how the MillenniumChallenge Corporation (MCC) will oversee and support the accountable entity in eachcountry (MCA entity in this case MiDA) and its partners in the implementation ofresettlement activities under an MCC compact. The principles are as follows:• MCC requires the use of best international practice in resettlement and thustypically requires that the MCA entity apply the World Bank’s Operational Policy(OP) 4.12 on Involuntary Resettlement to all activities under a Compact. That is,unless otherwise agreed with MCC, the MCA entity must comply with all of therequirements of OP 4.12. To the extent that there are any inconsistenciesbetween the MCC Guidance and OP 4.12, the provisions MCC shall govern.• All PAPs, including those who have no recognizable legal right or claim to theland they are occupying, are eligible for compensation or other assistancecommensurate with the nature and extent of the impact involved. A fundamentalrequirement of resettlement activities based on OP 4.12 is to restore, at least,standards of living and preferably improve the livelihoods of those households,families, extended families and individuals who are losing land, assets or accessto resources due to the implementation of a project. Compensation for lost assetscan be monetary, in-kind (e.g., new land, housing and social infrastructure, workplaces or other replacement for lost assets) or a combination of both.• MCC must approve each RAP before the MCA entity can proceed withimplementation of compensation and resettlement assistance effort. Given thecomplexities of carrying out resettlement activities, MCC will encourage the MCAentity to contract with resettlement consultants, NGOs or other partners to assistin implementing the RAPs.• When resettlement requires moving residents of a village or neighborhood or agroup of related workers, and especially in the absence of a housing market orwhen the PAPs are a cohesive social or economic unit, the MCA entity and itspartners may need to provide new resettlement areas, villages or work places,serviced with sources of water, sanitation, access to fuel, heat and/or electricity,schools, health clinics and the like prior to displacement. In this situation, MCCwill likely require an environmental assessment of the new site prior to itsestablishment.21

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 23.5 WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT(OP 4.12)The World Bank’s policy on involuntary resettlement provides useful guidelines for theimplementation of resettlement operations. For projects such as the N1 roadrehabilitation that displaces people and businesses, the Bank requires the preparationof a Resettlement Action Plan (RAPs).The Bank’s policy (in paragraph 2) advocates that where feasible, involuntaryresettlement should be avoided or minimized, the resettlement must be conceived andexecuted as a sustainable development program, providing sufficient investmentresources to enable persons displaced by the project share in project benefits.Persons displaced must be:• Meaningfully consulted and should have opportunity to participate in theplanning and execution of the resettlement.• Compensated for their losses at full replacement cost prior to civil works,• Assisted with the move and supported during the transitional period in theresettlement site and• Assisted in their efforts to improve their former living standards, income earningcapacity and production levels or at least to restore them.3.6 POLICY AND PRACTICE: COMPARING GHANAIAN LAW ANDTHE WORLD BANK OP 4.12/MCC GUIDELINESMCC Guidelines on resettlement relies heavily on the World Bank Operational Policy4.12 on involuntary resettlement, which it considers as international best practice. Forthis reason, the MCA entity is required to act in accordance with the requirements of OP4.12. The World Bank Operational Policy explicitly makes adequate provision for projectaffected persons who are either displaced or suffer other losses as a result of projects,to be adequately catered for. Livelihoods of persons to be affected must be preserved,but in cases where this is inevitable, minimal displacements should occur. In instanceswhere displacement is unavoidable, compensation should be paid to PAPs to help themrestore their social, economic and environmental livelihoods.On the contrary, Ghanaian statutes make provision for compensation to be paid to onlypersons who have suffered any loss and can produce any form of title that is legal in theform of deeds, leaseholds, or legally binding tenancy agreements to the land inquestion. However the World Bank OP 4.12 expects all forms of losses withoutexception to be catered for.22

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Under the Ghanaian statute, it is the preserve of the minister to assess loss due to worksdone, but the World Bank OP 4.12, advocates the involvement of the project affectedpersons through forums, surveys etc. to ensure that the project enjoys the full supportof the Bank and affected persons.The Operational Policy advises that project affected persons be assisted during theirtransition period in the resettlement site and efforts made to restore their livelihoodswhereas the Ghanaian laws are silent on that. The table following highlights somecomparison between Ghanaian Laws and the MCC/World Bank policy and what happensin practice.To operate within the directives of the Bank, a Resettlement Policy Framework (RPF)was developed in line with the OP 4.12 and OD 4.30 for the Ministry of Transportation.The RPF enshrines the involvement of affected persons through consultations inresettlement process and requires compensation to be paid based on full replacementcost, disturbance and the restoration of livelihood.As a result of the compliance with WB OP 4.12, PAPs are involved in resettlementthrough public hearings and forums; they are given compensation at open market valueand those previously considered as squatters receive supplementary assistance to helpthem relocate. Provided below in Table 4-1 is a comparison of Ghanaian Law, WorldBank Directives and current practice in Ghana.23

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 3-1: Comparison of Ghanaian Laws and MCC/World Bank Policies andPracticeTOPIC GHANAIAN LAWS WORLD BANK POLICY PRACTICE IN GHANAREQUIREMENTTiming of Prompt- how prompt Prior to displacement and PAPs are paid beforecompensation is not defined relocationthey movepaymentCalculation of Fair and adequate Full replacement cost Open Market Valuecompensation Compensation toreinstate persons intosituation in whichthey were found orbetterSquatters No provision, they Are to be provided Squatters are givenare deemed not to beeligible.resettlement assistance supplemental assistanceto facilitate relocation.ResettlementResettlementAssistanceInformation andconsultationIn situations whereinhabitants have tobe displaced, thestate is to resettle allon “suitable land withdue regards for theireconomic well-beingand social andcultural values”No specific provisionwith respect toadditional assistanceand monitoring.The owner/tenantson the land must beformally notified atleast a week inAffected persons who arephysically displaced are tobe provided withresidential housing, orhousing sites, or asrequired, agriculturalsites at least equivalentto old site.Preference to be given toland-based resettlementfor displaced personswhose livelihoods areland-based.Affected persons are tobe offered support afterdisplacement, for atransitional periodDisplaced persons andtheir locations are to beprovided timely andrelevant information,Whole communities areresettled as a group onequivalent sites.Individuals are givenadequate compensationto enable them relocate.Since the Governmentof Ghana begun to applyOP4.12 on developmentprojects additionalassistance for loss ofbusiness profit has beengiven and monitoringhas been done.On two road projects,World bank carried outa Resettlement Audit toassess how effectiveresettlement has beenimplemented.Public hearings and foraare conducted forinformation sharing andgrassroots participation24

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2TOPIC GHANAIAN LAWS WORLD BANK POLICYREQUIREMENTadvance of the intent consultedonto enter, and be given resettlement options, andat least 24 hours offered opportunities tonotice before actual participate in planning,entry.implementation andmonitoringofresettlementGrievances Formal and informal Appropriate andmechanisms andformal access tocourt of lawSince GOG hasimplemented OP4.12,Grievance procedureshave been inculcatedinto RAP.accessible grievancemechanisms are to beestablishedPRACTICE IN GHANAGrievance committeesare formed with PAPsand other agencies.Complaints are passedon to Road Agency.Resident Engineer’soffice is also mandatedto receive grievanceswhich are discussed atSite meetings and alsorecorded in monthlyreports.Grievances aboutcompensation claimscan be resolved byallowing dissatisfiedparty the option of usingan independent Valuerto assess theircompensation claim.This claim can be servedon LVB who are obligedto assess it according tovaluation rates used.Negotiations can also beinstituted betweenclaimant and LVB onbehalf of the roadagency.When all these avenueshave failed then aclaimant can resort tocourt action.25

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER FOUR4.0 PAP PROFILE AND LAND USEThe road corridor is a heavily built-up area with large concentrations of people engagedin diverse economic activities along the road reservation. With very careful effort atminimizing impact on involuntary resettlement, a total of 5,579 persons and 6 parkingareas for public transports will have to be compensated. These numbers are provisionalbut close to final estimates. Most of the PAPs are concentrated at the main junctions ofAbekaLapaz, Awoshie and Mallam. These areas are characterized by brisk tradingactivities by petty traders, hawkers and Small and Medium Enterprises (SMEs).4.1 LOCATION OF PAPSFive thousand, five hundred and seventy-nine (5,579) PAPs were captured from the 9communities along the project corridor through the census exercise. These are made upof 3,022 males and 2,557 females. Majority (3,022) of the PAPs are within the 74mwidth ROW which stretches from Km 8+000 – 12+000. A further 1,522 PAPs are locatedwithin the 78m width ROW which stretches from Km 6+000 – 8+000. The remaining1,035 PAPs are between Km 12+000 – 14+119 and fall within the 82m width ROW.Table 4-1: Communities within which PAPs are locatedROAD WIDTH AND CHAINAGE COMMUNITIES PROJECT-AFFECTED PERSONS26FEMALE MALE TOTAL(74m) 8+000 - 12+000 AbekaLapaz 354 280 634NiiBoi Town 636 414 1050Official Town 195 319 514North Odorkor 10 60 70Kwashieman 291 463 754(74m) 8+000 - 12+000 Total 1486 1536 3022(78m) 6+000 - 8+000 Apenkwa 163 202 365Akweteyman 321 480 801AbekaLapaz 171 185 356(78m) 6+000 - 8+000 Total 655 867 1522(82m) 12+000 - 14+119 Kwashieman 21 25 46North Odorkor 50 80 130Awoshie 73 168 241Mallam 272 346 618(82m) 12+000 - 14+119 Total 416 619 1035Grand Total 2557 3022 5579

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 4.1 presents the locations, the width of ROW and the various chainages withinwhich these communities are located along the corridor when travelling from theApenkwa Interchange to Mallam Junction. On the left hand side are located Apenkwaand part of Abeka-Lapaz are located within the 78meter ROW.The rest of Abeka-Lapaz, Official Town and part of North Odorkor fall within the74meter ROW, while the remaining part of North Odorkor and Mallam are found withinthe 82meter ROW.On the right hand side, Akweteyman and part of NiiBoi Town are located within the78meter ROW. A section of NiiBoi Town and part of Kwashieman fall within the74meter. The remaining part of Kwashieman, Awoshie and Mallam are located withinthe 82meter ROW.The above survey results numbers should be considered estimates though only veryminor variations are anticipated.4.2 CATEGORIES OF PAPSThe main categories of PAPs identified along the corridor are shown in Table 4.2 belowand include individual property owners who are mostly house owners and owners ofresidential plots as well as tenants. Other affected persons identified are big, mediumand small businesses who operate in either permanent or temporary structures or both.Artisans, other small and medium enterprises as well as hawkers and petty tradersoperate in open spaces. 922 apprentices were also identified. Public entities likely to beaffected include 6 churches, 1 clinic and 5 schools. The churches are losing parking lotsand part of fence walls. Only one school is losing their administration block. The extentof impact on the churches and schools are detailed in Appendix 127

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 4-2: Categories of PAPs within the ROWCATEGORY STATUS ROAD WIDTH AND CHAINAGE Total(74m)8+000 -12+000(78m)6+000–(82m-12+000 -14+1198+000Apprentice Apprentice 424 268 230 922Business Artisans &SMEs-Open 133 126 92 351SpacesBusiness Owner-Permanent 85 50 24 159StructureBusiness Tenant-Permanent 260 139 49 448StructureBusiness Owner-Temporary 713 352 236 1301StructureBusiness Tenant-Temporary 45 32 11 88StructureBusiness Owner-Permanent 3 2 3 8& Temporary StructureBusiness Tenant-Permanent 3 3& Temporary StructureBusiness Total 1242 701 415 2358Hawker/Petty Petty Trader 927 235 178 1340Trader Hawker 265 208 37 510Hawker/Petty Trader Total 1192 443 215 1850Institution Church 3 2 1 6Clinic 1 1School 1 2 2 5Institution Total 4 5 3 12Residents/ Landlord 93 56 55 204House/LandOwnersPlot Owner 13 16 8 37Tenant (Residential 54 33 109 196accommodation)Residents/House/Land Owners Total 160 105 172 437Grand Total 3022 1522 1035 5579About 196 residential tenants live along the project corridor. Majority (109) of them arelocated within the 82m ROW. A further 54 residential tenants are found within the 74mROW while only 33 within the 78m ROW.28

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 24.2.1 Property Owners and ResidentsProperty owners are individual PAPs who own both sandcrete/landcrete structures and(residential plots) as well as others who own bare (residential plots) only. A total of 241properties will be affected to varying degrees. Out of this number, 72 propertiesbelonging to house/land owners would be impacted within the 78m ROW. The greatestimpact on properties, which would involve about 106 properties, fell within the 74mROW. 63 properties were identified within the 82m ROW.Landowners who would lose their residential plots as a result of the road projectnumbered approximately 37. Out of this, some 16 land owners were identified withinthe 78m ROW, some 13 within the 74m ROW and approximately 8 found within the 82mROW.These numbers are provisional because the road right of way for constructionmust be compared against the gazetted road reserve in order to determine the finalnumbers of affected property owners. In addition, these numbers are not final becauseland acquisition in Ghana requires a statutory waiting period for competing land claims.This period has not yet expired.The statutory waiting period for initiating land compensation is six (6) months after theissuance of the Executive Instrument (or June 30, 2009, for Lot 2) and common practiceresults in a period of about one year from payment to be completed. Governmentagencies typically place funds equivalent to the estimated value of lands into a specialaccount for disbursement once all persons with claims to land are identified.Landowners may not actually receive compensation in hand for lands lost to the roadproject prior to the commencement of civil works, but the provision of sufficientcompensation funds will be made to ensure that compensation will be made as soon asthe statutory waiting period has passed and proper land claimants are clearly identifiedby LVB.4.2.2 Business OperatorsA total of 1,436 business operators were identified along the project road. A vastmajority of the PAPs (818) are located within the 74 meter width. A further 433 PAPsare found within the 78meter ROW; whilst the least (185) number of PAPS are locatedwithin the 82meter ROW. Businesses operating in temporary structures are in themajority.The business operators fall into various categories –Artisans and other SMEs in open spaces• Business owners operating within permanent structures• Business owners operating within temporary structures• Business tenants operating within permanent structures• Business tenants operating within temporary structures• Business owners operating within permanent and temporary structures• Business tenants operating within permanent and temporary structures29

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2The business operators deal in the following:• Food and Beverages• Phone Accessories• Used Cars• Household Items• Building materialsThe artisans produce such products as: furniture; metal products; concrete products;glass and aluminum products while others offer services such as auto-repair,dressmaking, hairdressing and draughtsmanship. Other service providers among thePAPs offer services in:• Air-conditioning• Car-washing• Hospitality services• Hiring of Trucks and Tractors• Vulcanizing• Travel Agency• Transport etc.4.2.3 Hawkers/ Petty TradersHawkers are the itinerant traders and peddlers of various items on the body, in wheelburrows and vans, while petty traders comprised of all those who display their wares ontables, racks, mats, under umbrellas or on the ground. The census survey captured atotal of 1,850 hawkers and petty traders located along the project road. This is made upof 510 hawkers and 1,340 petty traders. A vast majority (1,332) of petty traders andhawkers are females while the remaining 508 are males. Majority (1,192) of them arelocated within the 74 meter ROW, 443 within the 78meter and the remaining 215 withinthe 82meter ROW. Most of them have traded along the corridor between 1 and 6 years.4.2.4 Public EntitiesA total of 12 Institutions are within the ROW. These include 6 churches, 1 clinic and 5schools. Two (2) of the churches, a clinic and a school are located within the 78meterROW in Apenkwa and Akweteman. While within the 74meter width are located 3churches and 2 schools in NiiBoi Town and AbekaLapaz.30

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 24.2.5 Parking Areas for Public TransportSix (6) parking areas used by 4 main transport unions were identified on the corridor.The services of these transport unions will be affected since they need alternative areasto park, pick and drop passengers. The 4 transport unions have a total membership ofabout 975 2 ; made up of drivers and their apprentices. These transport unions includeGhana Private Road Transport Union (GPRTU), the Progressive Transport OwnersAssociation (PROTOA), Co-Operative Transport Union and the Water TankersAssociation. Two parking areasare located at Abeka-Lapaz within the 74 meter widthROW. The remaining 4 parking areascan be found within the 82 meter ROW at Awoshie,Kwashieman, and Mallam.4.3 AGE AND SEX DISTRIBUTIONThe age distribution of the population in the communities along the corridor mirrors thegeneral trend of the age distribution of population in Ghana. The communities have ayouthful population between the ages 18 and 42 years old. Majority (4,300) of the PAPswere between 18-42 years old. Older respondents aged 65 years and above were onlyfew. This means that most PAPs were in their reproductive years. Most males andfemales were aged between 18 and 42 years.4.4 EDUCATIONAL ATTAINMENTA greater proportion (4,404) of the PAPs had formal education. Basic education whichended at Junior High School (JHS) or Middle School Leaving Certificate (MSLC) accountedfor more than three-quarters of the total respondents. Majority of males and only asmall percentage of female respondents were JHS leavers while the reverse is true forSenior high School (SHS) or Secondary education respondents. Male and femalerespondents with only Primary and Koranic education constituted a tiny minority.Respondents with tertiary education were very few; with male respondents being morerepresented in this category than females. When disaggregated by gender, the totalfemale respondents with formal education were slightly higher than the males.4.5 NATIONALITY AND ETHNICITYA vast majority (5,514) of the respondents of these communities were Ghanaians. OtherECOWAS nationals made up the remaining percentage. Majority of the Ghanaianrespondents were Akans who constituted more than half of the total respondents.Ewes made up the next largest ethnic group, while Ga/Adangmes formed the thirdlargest group. The rest were people from other ethnic groups in the three northern2 These members were not enumerated individually and are therefore not part of the 5,579 PAPsindicated. Only their unions were counted.31

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2regions of Ghana as well as respondents to whom the question was not applicable andthose who declined to respond to that question. Female respondents formed themajority whilst the males constituted only a minority.4.6 LAND USE IN THE PROJECT CORRIDORAir photos at the scale of 1:500 and Quick-bird high resolution image have been used tostudy the land use and land cover of the corridor. The photos and the images werereviewed and preprocessed before being digitally interpreted, using knowledgeobtained during reconnaissance field studies. The classification was done in thelaboratory and a map composed. This has been verified or validated in the field. Thefield study also confirmed the classification and a final map has been designed andcomposed and placed as Figures 4-7 in the EIA ReportThe corridor is overwhelmingly a built environment. There are many structures withinthe 78-meter, 74meter and 82-meter-wide corridor and most of them are Sandcrete,wooden or metal structures. While the wooden and metal structures are mostly used asshops, the sandcrete structures serve multi-purpose functions. These appear on themaps as small units or structures. Residential and commercial buildings will be affected,especially within the 74 meter and 78 meter. Some of the buildings have been walled,making them more easily identifiable than the non-walled ones. The value of thebuildings and structures can be assessed only on the ground, since their architecturaldrawings are not available. The metal/wooden structures being used as shopsundoubtedly also have no such drawings and their values can be established only on theground.Most of the petty traders along the road corridor, if not all, were observed to dependupon the road and the passing vehicles for their sale and access or both. Many of thelarger users or establishments also require services such as electricity and water.The reconnaissance survey along the route indicated that encroachment upon the ROWwas widespread but not uniform. Permanent and temporary structures wereconcentrated mostly at the busier road intersections, which were also where theparking area for public transport, small traders and hawkers congregated. Activitiesrequiring more land, such as sale of cars and trucks, manufacturing activities and vehiclerepairs, tended to be concentrated in less busy locations. However one car salesoperator is located at a fairly busy junction.There are a number of occupiers or users of land but who do not have legallyrecognizable interests or rights. These business operators are often described as“squatters” or “encroachers”. This includes artisans, petty traders, kiosks operators andthe like. These categories of people earn a living through the various economic activitiesthey carry out at the kerb side. Obviously the project will affect them adversely as theonly source of their livelihood would be threatened because they need to vacate their32

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2respective areas of business activity. The poorest people deriving a living from the roadare likely to be the hawkers along the road.33

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER FIVE5.0 SOCIAL IMPACTS OF N1 ROAD PROJECTThis Section analyses benefits that individuals, families, locations and the nation as awhole are expected to derive from the road project, and how these may be enhanced aswell as the adverse effects that may be encountered and how they may be mitigated.These ideas on the social impacts of the road project were sought through consultationswith individuals, groups and agencies and have been analyzed and categorized intopositive and negative impacts, direct and indirect, immediate and long term, inducedand irreversible impacts. They have also been categorized into constructional phaseimpacts and operational phase impacts.5.1 Potential Positive Impacts5.1.1 Regional EconomyIt is anticipated that the upgrading of the N1 road will tremendously improve theeconomic activities and links between countries in the sub-region. The existing roadprovides the link between Tema Motorway and the Winneba-Kasoa Highway andfacilitates the haulage of goods by heavy trucks from some land-locked countries inWest Africa. It is also an important link to the country’s only international airport. Animprovement will thus impact positively on the regional economy as accessibility andcommercial activities will be enhanced thereby facilitating regional economicintegration.34

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Fig. 2: Linkage between Road Improvement and Social Mobility/IntegrationRoadImprovementReducedtraveltimeReduced VehicleOperating CostsIncreasedtrafficflowReducedcosttransportIncreasedcompetition intransportserviceReducedWaitingtimeIncreasedtradercompetitionImprovedaccess tomarketEncourageSocialMobilityIncreasedproducerpriceIncreasedProductionEnhanced welfare/Socio-politicalIntegrationIncreasedincome/povertyreductionSource: Developed by V.K. Nyanteng, ISSER, University of Ghana, LegonThe benefits to be derived from the project outlined in Fig. 2 are discussed below.5.1.2 Better Road Infrastructure and Transport ServicesIt is expected that during the operational phase, when there is road improvement andbetter road infrastructure, there will be free flow of traffic: this will reduce vehicleoperating costs and cause a reduction in travel time. The provision of parking lots,drains, bus stops and a better road surface will also reduce vehicular-pedestrianconflicts and travel cost. The overall effect on vehicle operating cost will be positive andsignificant for road users.5.1.3 Boom in Local Economic ActivitiesIt is expected that with the completion of the N1 road project, more businesses as wellas customers will be attracted than before. Hence, business activities will flourish, andimpact significantly on the communities. It is also expected that population will increase35

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2along the road. This will lead to increase in demand for goods and services. In thelonger term, the project will lead to increased business activities and strengthen localeconomies which would contribute to poverty reduction in the area.5.1.4 Increase in Property ValuesThe value of properties along the road is expected to increase since most of them willhave a new facelift as the landscape gains positive aesthetics from the new road.5.1.5 Job CreationDuring the constructional phase, opportunities for skilled as well as unskilled workerswill be available for people to earn income. People skilled in driving heavy equipment,trucks and other artisans expect to be engaged. Some women will also seize theopportunity to provide various services for the contractors and the workers, especiallythe sale of food.5.1.6 Decrease in accident ratesThe project will solve some of the vehicular pedestrian conflicts along the section.Provision of walkways, pedestrian crossings and other traffic management schemes willreduce accidents. Overtaking by motorists along the dual carriage will be safer andeasier.Accident data for 3 years have been collected from BRRI. The data indicate that from2002 to 2004, a total of 538 accidents were reported on the TQM Road (referTable 5-1), with 13 (2.42%) being fatalities, 53 (9.85%) being hospitalized, 139 injuredbut not hospitalized and 333 (61.89%) vehicular damage only.Table 5-1: Accidents on the TQM Road (2002-2004)Year Fatal HospitalizedNon-VehicularHospitalized Damage onlyTotal2002 1 20 32 99 1522003 4 15 52 112 1832004 8 18 55 122 203Total 13 53 139 333 538% 2.42 9.85 25.84 61.89 1005.1.7 Public Health and SafetyThe existing road does not have proper drainage systems and most of the time it is verydusty. These are detrimental to the wellbeing of the people who live alongside it. TheN1 road project will include improvement of the alignment, the road surface andconstruction of drainage structures. With such an improvement, flooding will be36

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2prevented while stagnant water would be eliminated and this would reduce theoccurrence of certain diseases like malaria, typhoid, diarrhea and asthma.5.2 NEGATIVE IMPACTS – CONSTRUCTION PHASE5.2.1 Impact on the Well Being of Persons Working and Living in CorridorWhen construction commences the contractor will remove the old pavement anddemolish any drainage in the corridor to clear the corridor for construction. Theseactivities generate dust and noise which cause discomfort, disease and create anunpleasant ambience for people in the area. High levels of dust are known to causeupper respiratory infections which already are among five commonest cause of ill healthin Ghana. Dust also causes irritation in the eyes and can precipitate eye infections.Asthmatics may have an increased incidence of attacks if they are allergic to dust.Dust generated from scarifying the road surface, digging trenches and piling ofexcavated material will be carried by the actions of wind and rain. The premises ofhomes and businesses located nearby will need more frequent cleaning and mudcreated during wet season will be a nuisance to homes and business premises in thecorridor.5.2.2 Increased Noise LevelsLevel of noise will increase as a result of activities such as, movement of vehicles andearth moving equipment, drilling, hammering, emptying and loading of trucks and noiseof workforce. However piercing noise like that caused by the drilling machines will raisenoise levels to the highest levels when in operation. High levels of noise are known tocause stress, headaches and when persistent, hearing impairment.5.2.3 Increased Dust LevelsLevels of dust particularly P M 10 will rise significantly because the road pavement will beremoved, and vehicular movement and wind will stir up dust. Loading and unloading ofdumper trucks would also generate dust and reduce air quality. When air quality is poorthere is an increase in upper respiratory tract infections, asthmatics have more attacksand dust also causes eye irritation.37

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 25.2.4 Impact on Public Health and SafetyConstruction of roads brings an influx of additional persons into the road corridor. Roadconstruction crews are made up mainly, of men who are separated from their regularpartners. Such persons tend to indulge in risky sexual behavior which increases theincidence of sexually transmitted diseases (STD) and HIV/AIDS.The increase in dust levels could increase the incidence of colds and other upperrespiratory infections in the general populace in the corridor. Construction of drainstends to leave uncovered trenches that collect rain water especially during the wetseason and become a breeding ground for mosquitoes. This may mean that theincidence of malaria may increase in the corridor.5.2.5 Impact on Occupational Health and SafetyThe construction workers will be exposed to many occupational hazards including slips,falls from heights (with construction of large box culverts), grazes, cuts, foreign objectsin eye, being pierced with sharp objects and being hit by heavy objects. Accidentscaused by the poor handling, misuse or malfunctioning of equipment will increase.Workers will also be exposed to high levels of noise and dust that can be detrimental totheir health.5.2.6 Impact on Road Safety and Possible Increase in AccidentsScarification of road pavement makes the surface rough and completely removes allroad markings, so if the contractor does not provide adequate directional signs,accidents could occur when drivers meander their way along the road and inadvertentlymove into the lane of on-coming traffic. During the wet season the scarified surface canbe slippery and cause vehicles to skid and cause accidents.5.2.7 Impact on Pedestrian SafetyWhen road furniture and pavement is removed to make way for construction,pedestrians who have to cross the road would find it more difficult to do so. Pedestriansin the construction area stand a higher risk of being run over.5.2.8 Impact on Business OperationsThe scarification of the old pavement, the dust, noise and difficulty in travelling alongthe route will all impact on business operations. During the rainy season, lateritic soilswill turn into mud and this will increase cleaning costs for businesses. During the dryseason, dust will cling to items on display or cover glass panes, netting and discolor38

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2walls. All this will ruin the ambience and have a negative impact on business operations.Past experience of construction on other road corridors has shown that business inthose areas take a dip during construction because customers reduce in number asfewer people choose to use the route.Construction of drains and laying of utility lines may create large trenches in front ofbusiness premises. These would deny them vehicular access to the premises. Withoutvehicular access customers may reduce in number because old, very young and disabledmay not be able to access the premises and delivery of supplies will be difficult.5.2.9 Impact on IncomesWhen customers reduce in number it will result in loss of income. Increased cleaningcosts will also aggravate the loss of income. On some days high levels of noise will makeit difficult for businesses premises abutting the road to operate and that will result intheir closing down for the day. Even though workers may remain in the offices,productivity will be low and result in lost income too.5.2.10 Loss of Access to Homes and BusinessesTrenches created during construction of drains, laying of pipes and other activities mayresult in loss of vehicular access to homes and businesses abutting the road.5.2.11 Impact on AestheticsConstruction causes visual intrusions that may be unpleasant. Stockpiling of materialcan obstruct vision, hide the frontage of businesses and ruin the aesthetics of the roadcorridor. Lawns and pavements created to beautify the frontage of properties may bedestroyed during construction or laying of utility pipes.5.2.12 Impact on Traffic MovementWithout the pavement and road furniture, movement of traffic along the route will bedifficult, riding comfort will be poor and speeds will be low so traffic will tend to crawland this will increase travel time. It will take longer to cross the corridor than it didbefore construction commenced.5.2.13 Loss of Enjoyment of PropertiesThe new road alignment will be wider than the present road. Some properties will eitherhave to relocate, or move out of the Right-of-way. Some structures will lose sections oftheir frontage including lawns and driveways. This RAP indicates that about 2,092properties will be affected to varying degrees.39

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 25.3 OPERATIONAL PHASE IMPACTS5.3.1 Road SafetyWhen roads are upgraded the road surface and travel comfort improves and speeds alsoincrease. Even though there will be facilities for improving pedestrian safety, highspeeds mean that the ability of drivers to stop suddenly will be reduced so many moreaccidents that could have been avoided will occur. Even though some accidents mayreduce significantly, other forms of accidents that were not common may increase. Forinstance, there will be an increase in multiple-car accidents and front to rear collisionsbecause vehicles will be traveling in the same direction on each carriageway.5.3.2 Impact on Land UsePresently, the land abutting the road is used for commercial, hospitality, used cargarages, residences, providing services, large Corporations, artisanship and small tradingactivities. Most of the small businesses are located on the corridor because traffic isslow and makes them highly visible to all who pass by. When the road is upgraded andtraffic speeds pick up, those businesses may not be that visible so those kinds ofbusinesses will move away. Value of properties tends to increase when the road servingthe area improves; this will make property owners who have not developed theirproperties do so. Some property owners will also up-scale their property to attracthigher rent and prices.5.4 MITIGATION MEASURES5.4.1 Minimization of Resettlement through Project DesignAmong mitigation actions taken to minimize the negative impacts that may result fromthe upgrading of the N1 were efforts to reduce the resettlement impact in the corridor.After a preliminary design had been completed by the Design Engineers of ICT/BANSJoint Venture, it became obvious that the resettlement impact of the 90 meter Right ofWay (ROW) could dislocate the budget of the project and would also have a significantlyhigh impact on businesses and properties in the corridor. It was therefore decided byMiDA in consultation with ‘The Acquisition of ROW Committee’ (a committee made upof MiDA and Government stakeholders) that a transect walk should be taken along thecorridor to enable a decision be made on how to reduce or minimize impact on majorproperties.A Team made up of key MiDA staff, the design and RAP consultants and the “Right ofWay Committee” undertook a three-day transect walk through the entire corridor onJune 19, 20 and 27, 2008. During this walk, major properties that could be saved if the40

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2ROW was reduced without compromising the ultimate functionality of the road wereidentified. These considerations finally informed the decision to reduce the extent of theLot 2 ROW. The proposed land acquisition for LOT 2 is as follows for the project road:• It is proposed to acquire a land width of 78.0m from km 6+000 to km 8+000• A land width of 74.0 shall be acquired from Km 8+000 to Km 12+000• 82m land width shall be acquired from Km 12+000 to Km 14+119 and,• For the 3 intersections at Abeka-Lapaz, Nyamekye Junction, and AwoshieJunction, 80m width of land shall be acquired while a 90m width shall beacquired for the Interchange at Mallam Junction.Consequently, the extent of impact on properties along the project road has beenreduced significantly to minimize demolition of a large of number of structures andresettlement problems.41

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER SIX6.0 VALUATION PROCEDURES6.1 ORGANIZATIONAL PROCEDURES FOR THE DELIVERY OFENTITLEMENTSThree main public institutions are involved as far as the organizational procedures forthe delivery of entitlements on this RAP is concerned. These are the MiDA Fiscal Agent,Ghana Highway Authority (GHA) and Land Valuation Board (LVB). The identification ofthe ROW was done by the GHA while the analysis of structures affected was done by theLVB, the Valuation Section of the GHA and the Consultant’s Valuer.In addition to developing valuation procedures for assessing compensation values, theconsultant (ICT/BANS) has developed and prepared an Implementation Plan. TheImplementation Plan is to help achieve a successful implementation of the resettlementoperations. The consultant undertook the following activities to attain the goal ofsuccessful RAP implementation:• Preparation of a census register for the PAPs• Conduct of Socio- economic survey• Categorization of PAPs by activity and location• Assessment of properties by type and location• Preparation of an entitlement Matrix• Preparation of an Implementation PlanThe population census and socio-economic surveys conducted identified the locations ofpotential PAPs by chainage. The data was gender disaggregated and it also categorizedPAPs according to their activities.Potential PAPs identified along the corridor numbered Five Thousand and Five Hundredand Seventy-Nine (5,579). This number includes owners of houses and residential plots(land), residential tenants and representatives of the institutions. Others are artisansand SMEs in open spaces, other business operators (operating small, medium and largebusinesses), petty traders, as well as hawkers. In addition, 6 parking areas for publictransports are also located on the corridor. The affected businesses also have 4,596employees and 298 unpaid helpers.A breakdown of potential PAPs, listed by their locations is provided in Chapter 4 andshows that Abeka Lapaz and Nii-Boi Town have the largest number of affected people42

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2totaling about 2,040 PAPs; followed by Akweteman and Kwashieman with 801 and 800PAPs respectively.6.2 ELIGIBILITY CRITERIAEligibility will be based on the category of losses suffered as at the cut-off date (which inthe case of N1 Lot 2 was February 17, 2009). The category of losses suffered will beidentified through the various interests and rights derived from customary laws,common law and international conventions. Eligible persons are presented in theEntitlement Matrix below.6.3 PROOF OF ELIGIBILITYThe GHA and LVB will consider various forms of evidence as proof of eligibility. Theproof of eligibility will cover:Affected persons with formal legal rights, documented in the form of land titleregistration certificates, leasehold indentures, tenancy agreements, rent receipts,building and planning permits, business operating licenses, utility bills, among others.Unprocessed / unregistered formal legal documents will not bar eligibility. Proceduresfor confirming authenticity of any such documents are established in this RAP. Theseaffected persons may include house owners and owners of residential plots with noformal or recognized legal rights. The criteria for establishing non-formal,undocumented, unrecognized claims to eligibility is one’s (PAP’s) presence on thecorridor during the PAP census survey which ended on February 17, 2009. While the EIwas gazetted on December 31, 2008, the February cut-off date is intended to ensurefairest treatment of PAPs living and working in the corridor as prior to the censussurvey, the consultants have no way of verifying who was on the road at that time.The entitlement matrix captures all affected parties, the characteristics of the impact,and the types of compensation/reinstatement due them. (Refer to Table 6-3 below)Categories in this table overlap because those being offered re-instatement fall intoseveral groupings and the groupings tend to overlap. For instance, some of the ownersof permanent and temporary structures own land as well. Again, some of the businessoperators also own property such as land or structures. The entitlement matrix ispresented and organized by chainage and construction implementation section (see1.6.12). (Please note that apart from the petty traders and hawkers, projected figures have been usedfor all other categories to make up for the expected increase from the phase two improvements stillbeing marked.)43

Table 6-3:Entitlement MatrixUpgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CATEGORY CATEGORY CHAINAGE TOTAL#TYPE OF LOSSCOMPENSATIONFOR STRUCTUREResidents/House/Land Landlords 12+500- 48 Loss of Replacement costowners(Structure 14+119Structure/Location for immovableowners) 8+600- 83 for Structure facilities12+5006+000- 397+5007+500- 438+600Loop 5 25Total 238Landowners 12+500- 6 Loss of Land Compensation for14+119land at prevailing8+600- 14market price12+5006+000- 107+5007+500- 78+600Loop 5 15Total 52Tenants 12+500- 102 Loss of Rental Relocation to New(Residential) 14+119Accommodation location of similar8+600- 58type12+5006+000- 237+5007+500- 268+600Loop 5 200Total 409Residents/House/Land owners – Total 462BusinessArtisans 12+500- 77 Loss of Business _&SMEs in 14+119LocationOpen spaces 8+600- 14212+5006+000- 102COMPENSATIONFOR LOSS OFOTHER ASSETSPay full cost ofremoval and fixingof movablesCOMPENSATIONFOR LOSS OFINCOMEMOVINGALLOWANCE_ Coverage offull cost forthe totaltransportexpenses forthe removalof chattelsTYPE OFCOMPENSATIONCompensation fordemolishedstructures or civilimprovement_ _ _ Compensation forlost parcel of landat open marketvalue (will be paidbythegovernment ofGhana understatutoryWayleaves Act of1963With or withoutdocuments he/shewill be paidcompensation toenable him/her torelocate to a placeof similar standardSupplementalassistance toassist PAPs moveto a new location_Payments in lieuof business profitswhile relocating -six monthsCoverage offull cost forthe totaltransportexpenses forthe removalof chattelsCoverage offull cost forthe totaltransportexpenses forCompensation fordisturbance. Oneyear rent advancefor same type ofaccommodationCompensation forloss of businessprofit for sixmonths44

Bus. Owner-Permanent &TemporaryStructureBus. Owner-PermanentStructureBus. Owner-TemporaryStructureBus. Tenant-Permanent &TemporaryStructureBus. Tenant-PermanentStructureUpgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 27+500 the removal7+500- 44of chattels8+600Loop 5 100Total 46512+500- 2 Loss of business Replacement cost Pay full cost of Payments in lieu Coverage of14+119location and/or for immovable removal and fixing of business profits full cost for8+600- 3 structure used for facilitiesof movables while relocating - the total12+500businesssix months transport6+000- 1expenses7+5007+500- 28+600Total 812+500- 15 Loss of business Replacement cost Pay full cost of Payments in lieu Coverage of14+119location and/or for immovable removal and fixing of business profits full cost for8+600- 77 structure used for facilitiesof movables while relocating - the total12+500businesssix months transport6+000- 36expenses7+5007+500- 388+600Total 16612+500- 200 Loss of business _Pay full cost of Payments in lieu Coverage of14+119locationremoval and fixing of business profits full cost for8+600- 567of movables while relocating - the total12+500six months transport6+000- 193expenses7+5007+500- 3878+600Total 13478+600- 1 Loss of business _ _ Payments in lieu Coverage of12+500locationof business profits full cost for7+500- 2while relocating - the total8+600six months transportTotal 3expenses12+500- 37 Loss of business14+119location8+600- 171_ _ Payments in lieuof business profitswhile relocating -Coverage offull cost forthe totalCompensation fordemolishedstructures or civilimprovements ORcompensation forrelocation ofstructuresCompensation fordemolishedstructures or civilimprovements ORcompensation forrelocation ofstructuresCompensation fordemolishedstructures or civilimprovements ORcompensation forrelocation ofstructuresCompensation fordemolishedstructures or civilimprovements ORcompensation forrelocation ofstructuresCompensation fordemolishedstructures or civil45

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 212+500 six months transport6+000- 99expenses7+5007+500- 1638+600Total 470Bus. Tenant- 12+500- 7 Loss of business _ _ Payments in lieu Coverage ofTemporary 14+119locationof business profits full cost forStructure 8+600- 42while relocating - the total12+500six months transport6+000- 27expenses7+5007+500- 138+600Total 89Business – Total 2548Hawkers/Petty Traders Hawkers 12+500- 29 Loss of Business _ _ Skills training T & T for(Age 20+)14+119Locationtraining8+600- 10112+5006+000- 1507+5007+500- 1688+600Petty TradersTotal 44812+500- 142 Loss of Business _ _ Skills training T & T for14+119Locationtraining8+600- 27712+5006+000- 1517+5007+500- 7228+600Loop 5 100Total 1392Hawkers/Petty Traders-Total – Total 1840Apprentices Apprentices 12+500- 18414+1198+600- 44712+5006+000- 1487+50046improvements ORcompensation forrelocation ofstructuresCompensation fordemolishedstructures or civilimprovements ORcompensation forrelocation ofstructures__

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 27+500- 1918+600Loop 5 71Apprentices – Total 1041Institutions Clinic 7+500- 1 Loss of Structure8+600and/or partial civilimprovementsReplacement costfor facilities thatcannot be movedPay full cost ofremoval and fixingof movables_ _ Compensation fordemolishedstructures or civilimprovement_ _ Compensation fordemolishedstructures or civilimprovementChurches 12+500- 1 Loss of Structure Replacement cost Pay full cost of14+1198+600- 3and/or partial civilimprovementsfor facilities thatcannot be movedremoval and fixingof movables12+5006+000- 27+500SchoolsTotal 612+500- 2 Loss of Structure Replacement cost Pay full cost of _ _ Compensation for14+119and/or partial civil for facilities that removal and fixingdemolished6+000- 1 improvements cannot be moved of movablesstructures or civil7+500improvement7+500- 28+600Total 5Institutions – Total 12Transport Terminals 6 Loss of Terminal _ _ _ _ Lay byes orassistance withsite preparation ofalternative sites47

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 6-4: Entitlement Matrix for Hawkers/Petty Traders Under 20 YearsSECTION CHAINAGE LOCATION Hawkers Petty traders Grand Total CompensationFemale Male Total Female Male TotalFor StructureCompensationFor Loss OfOther AssetsCompensationFor Loss OfIncomeMovingAllowanceSection 1 12+500 - 14+119 Mallam 2 4 6 8 3 11 17Section 2 8+600 - 12+500 AbekaLapaz 1 1 1Kwashieman 2 4 6 4 6 10 16NiiBoi Town 2 2 2 1 3 5Official Town 1 1 2 2 4 5Section 2 Total 5 4 9 8 10 18 27Section 3 6+000 - 7+500 AbekaLapaz 2 1 3 2 2 5Akweteyman 4 4 8 1 2 3 11Apenkwa 6 5 11 3 3 6 17Section 3 Total 12 10 22 6 5 11 33Section 4 7+500 - 8+600 AbekaLapaz 7 6 13 1 1 2 15Akweteyman 2 2 4 4NiiBoi Town 5 3 8 1 5 6 14Section 4 Total 14 11 25 2 6 8 33Section 5 (Loop 5) Total Mallam 0 0 0 8 5 13 13Grand Total 33 29 62 32 29 61 123NoneNoneTechnical/Trade skills Training-None-48

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 26.4 COMPENSATIONS FOR THE VARIOUS CATEGORIES OF PAPS6.4.1 Property OwnersThe project ROW will be compared against the gazetted road reserve and those within the roadreserve, who constitute legitimate title holders will receive replacement value for their land. Allincluding those within the reserve will be compensated for any improvements.Landowners will be compensated within a separate time frame from other property holders, asland acquisition in Ghana requires a statutory waiting period for competing land claims. Thisperiod has not yet expired. While MCC normally requires compensation prior to construction,the Government of Ghana allows for compensation to be completed later. As noted in chapter4, the statutory waiting period for initiating land compensation is six (6) months after theissuance of the Executive Instrument (or June 30, 2009, for Lot 2) and common practice resultsin a period of about one year from payment to be completed. As such MCC and MiDA hasagreed to allow an extended payment period provided funds are held in escrow. MiDA willplace funds equivalent to the estimated value of lands into a special account for disbursementonce all persons with claims to land are identified by LVBAll PAPs who own permanent or temporary structures shall be entitled to compensation fortheir structures at replacement cost based on existing market values. They will also receivemoving allowance. This category of PAPs has been listed in the Property Impact Assessmentcompiled by the valuer.6.4.2 Residential TenantsAs compensation for losing their residential accommodation because of the project, PAPs in thiscategory will receive one year’s rent. This amount is to enable the tenants find alternativeplaces that are similar to what they are losing. There are 409 tenants and a total amount ofGH¢327,226.00 shall be utilized on this category. (The basis for the amount has been set out inAppendix 6 that explains how the compensations for the PAPs without structures werecalculated).6.4.3 Business Operators who Own StructuresBusiness operators who own permanent structures will receive compensation for the structureas well as compensation for lost business profits for 6 months. In the case of temporarystructures, the owners will be paid for the cost of relocating the structures and not thestructures themselves.49

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 26.4.4 Business Operators who Do Not Own StructuresBusiness operators such as artisans, metal fabricators etc, who do not have structures, willreceive moving allowance to remove their chattels from the road corridor. However pettytraders and hawkers will receive different kinds of training depending on their age and gender.6.4.5 Hawkers and Petty TradersHawkers and Petty Traders total 1,963 PAPs. Petty traders sell a wide of items on table-tops,racks, mats and under umbrellas and canopies within the corridor. The hawkers are itineranttraders who usually ply their trade at several locations during the day and thus technically, theTQM road is not their permanent or only location for business. Besides, most hawkers do notlive in the communities along the road; once traffic speeds up and the road is no longerconducive to their trade, they will move to other locations with slow-moving traffic to continuetheir activities.Most of these people who have moved from the hinterland to the city have been compelled toinvolve themselves in this type of trading activities as a means of survival and ultimately shift tomore permanent business enterprises when they have saved adequate resources to learn atrade or run a more viable venture. Based on this principle or phenomena the consultant deemsit more beneficial to support the younger ones aged below twenty years, to learn a trade toupgrade themselves and give them other alternatives in terms of career choices. This wouldkeep them off the streets and make them more productive to the benefit of the nation. It isalso assumed that those older than twenty have already made trading their vocation soenrolling them in entrepreneurship training programs that would enhance their business skillswill not only make them more productive but help them to diversify their activities and boosttheir incomes.Petty-traders and hawkers have been subdivided into groups that can receive different types oftraining which will be provided by training organizations MiDA will contract for that service.• Girls who are petty-traders and hawkers and below age twenty (20) years.• Male petty-traders and hawkers below the age of twenty (20) years.• Male and female petty traders and hawkers older than twenty (20) years.ICT-BANS JV will organize the PAPs into groups for the training entities that provide skills inentrepreneurship to carry out needs assessment for the PAPs. Petty-traders and hawkers agedbelow age twenty will have the opportunity to make their choices, after which they will bedistributed to the appropriate training institutions mentioned above.Below are details of all the reinstatement packages available to the PAPs.50

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2corridor area of Accra, e.g. planned bus rapid transport lanes, service roads and managednetworks. As such, MiDA is working closely with the Regional Coordinating Council (RCC) andthe Accra Metropolitan Authority as well as the involved transport unions to appropriatelyaddress ongoing immediate service needs as well as medium- and long-term service andtransportation management needs. It is expected that the resettlement solution to meet theneeds of the N-1 Lot 2 construction project will involve some sort of cash compensation foroperators and cash/civil works assistance to AMA to prepare an AMA identified site to serve thetransporters and the public during construction activities and possibly beyond as part of AMA’slonger term plans. While ideally these solutions would have been fully identified, theconsultation process requires additional time so that MiDA has provided for options, if needed,to be implemented during the construction bidding and mobilization period that will ensure thetransporters and the public will be no worse off.MiDA has identified a temporary site at Kokroko at Gbawe for transport terminals in theMallam area, which the local assembly (Ga South Municipality) has zoned for a Public TransportParking Station. The site is a former quarry area(about 7.47 acres), which residents hadcomplained was a safety hazard – and drowning deaths have occurred, and that has recentlybeen reclaimed with household rubbish and clean fill. The reclamation has been carried out bya local waste management firm that has provided documentation of their reclamation process,including compaction and filling in layers, grading to ensure proper drainage and inclusion ofnecessary drainage facilities. MiDA is working with the company and the Municipal Engineer todetermine what additional remediation will be needed to ensure the site is suitable as atemporary transport terminal. This at a minimum will include additional cover materials,removal of some residual portions of small structures and this area filled and completion of thealready initiated drainage systems. Outstanding work to be done has been estimated to costUSD500,000. A provisional sum has been included in the N-1 Lot 2 civil works biddingdocument to provide budget for this. In addition, MiDA will undertake a public awarenessprogram to educate the community that no structures should be placed, no food crop planting,and no digging of any kind should be done on the area. Signage will be provided in the area toremind the public of these issues. These measures will protect the public from exposure to anyhazardous materials and dangers of potentially unstable buildings that would result fromsettling if they were to be built in the filled area.In addition, MiDA has identified a potential relocation site at NiiBoi town for transportterminals from other areas of the Lot 2 section. This site has been identified by the involvedtransport union as a potential transport terminal area but has been heavily encroached bypermanent and informal settlers. Thus, if it necessary to use this location, it in itself will requireresettlement planning and implementation. To provide for this potential, albeit not preferred,option, the resettlement planning and implementation has been considered in the RAPimplementation schedule and a provisional budget included in the overall RAP budget. In theevent the area is needed, the consultants have met with Elders of the area and the ParamountChief and his sub-chiefs (April 26 and 28, 2009, respectively), however, all the formalities haveyet to be completed.52

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Other alternative relocation sites at Nii Boi Man and Kwashieman were investigated butultimately rejected. Nii Boi Man was too small, had heavy encroachment and was locatedunder overhead high tension power lines. Kwashieman includes an uncontrolled wastedumping area on a steep slope and is also under overhead high tension power lines. Thus thesesites are not viable without expensive and time consuming remediation, utility relocation andresettlement planning and implementation.Water Tankers AssociationThe Water Tankers Association located at Kwashieman and within the 82m width ROW, has 4water hydrants for their operations. Two (2) are located within the ROW and the other 2further down outside the ROW. These were constructed by Aqua Vitens Rand Limited (AVRL),the main Water Distributor/Supply Company in Ghana and also the main water suppliers for theAssociation.The Water Tankers supply water to places where AVRL’s services are lacking. Water Tankerservices extend beyond the Greater Accra Region; they go as far as to Cape Coast in the CentralRegion and Aburi in the Eastern Region. The filling in of this gap requires that AVRL will have toconstruct water hydrants at a place where they feel will be convenient for the Association.MiDA will formally request the relocation of the Water Tankers Association and the relocationwill be done by AVRL Accra West Regional Officeto a site with necessary water supply and workarea at no cost to the affected parties.Tipper/Cargo Co-operative Transport AssociationMallam Junction Tipper/Cargo Co-operative Transport Association located within the 82 meterROW, located there because of the quarry carried out at Kokroko some years ago. Theirpresence there now no longer depends on the quarry but on their long association with theplace. They convey sand, laterite and stones to most of the communities around as well asgeneral goods to various parts of Ghana.Since they are not located at the source of the goods or materials they deal with, thisAssociation only needs space that can be accessed by their customers and the general public.For a short term solution, the Association will join the Mallam-Junction mini-bus station.6.6 GRIEVANCE PROCEDURESGrievance procedures have been prepared as a guide for handling all grievances that will occurduring the implementation of the RAP.53

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 26.6.1 The Grievance Procedures1. Two Grievance Committees will be set up in the corridor at Kwashieman andAbekaLapaz. The committee located at AbekaLapaz will receive complaints from PAPs insections 3 and 4, which correspond to AbekaLapaz, Apenkwa, Akweteman and NiiBoiTown. The Kwashieman Grievance Committee in section 2 will serve PAPs inKwashieman and Odorkor Official Town as well as those from Awoshie, North Odorkorand Mallam in section 1.2. Each committee will have nine (9) members. The members will be representatives fromMiDA, GHA, AMA Sub-metropolitan area office at Okaikoi North or Ga South, GhanaChamber of Commerce, an NGO/CSO nominated by the Ghana Association of Privateand Voluntary Organizations in Development (GAPVOD) and four (4)PAPs from thevarious sections.3. A grievance from a PAP will be reported to the committee either in writing or berecorded by the secretary of the committee.4. A complainant is allowed to procure the services of an independent valuer at no cost tothe PAP, who would help that person determine an acceptable compensation. This canbe presented to the committee as a grievance.5. The grievance committee will investigate the compensation complaints as follows:• Determine if they are PAPs entitled to reinstatement using the database available orif necessary, visit their location and determine if they fall within the Right- of- way.• Using components applied in the Entitlement matrix to determinecompensation/reinstatement assess if PAP has been adequately compensated.6. The Grievance Committee will investigate the reinstatement complaints as follows:• Determine if they are PAPs entitled to reinstatement using the database available,or if necessary visit their location and determine if they fall within the Right-of-Way.• Determine if the appropriate reinstatement due to the particular category of PAPhas been given.• For those who do not qualify for particular options they are demanding, explain thebasis for giving that particular option7. The Grievance Committee will investigate the complaints concerning processes asfollows:• Determine location and type of activity complainant is involved in using the database available or visits their business location to determine if their complaint hasmerit.54

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2• Take into account any special circumstances that require consideration such asextreme incapacitation.• Where time allotted to vacate corridor is inadequate, the committee willrecommend additional time which will meet the principle of reasonableness andconsider as appropriate the PAP’s particular situation, construction needs andapplicable compensation.8. The Committee will communicate their proposed solution to the complainant and willalso forward to GHA Resettlement Office the complaint, the outcome of investigationsand their recommendations.9. PAPs that are entitled to compensation or additional compensation will receive theirentitlements from GHA Accounts Section or Fiscal Agent of MiDA on therecommendation of the Resettlement Office.10. Complaints that relate to the quantum of compensation will be referred to the LandValuation Board with the accompanying independent valuation report clearly stating theassumptions and rates used to arrive at compensation claims. The independent valuerof the Complainant would be invited to meet the Land Valuation Board on an agreeddate to resolve the issues involved in the disagreement. After negotiations the LVBwould communicate their recommendations to the Resettlement Office which would inturn inform the claimant of the outcome.11. If the LVB recommends payment of the claim, then the Resettlement Office wouldensure that it is done before the structure under review is demolished.12. Whenever a complainant’s claim cannot be resolved satisfactorily, MiDA will procurethe services of an arbitrator to mediate between the complainant and LVB. It is onlyafter this mediation has failed that a claimant can then exercise the option of going toCourt, as provided under Section 20 under Chapter 5 of the Constitution of the Republicof Ghana.55

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER SEVEN7.0 PROPERTY IMPACT ASSESSMENTThe Property Impact Assessment identifies all immovable/permanent and movable/temporaryproperties to be affected, assesses the extent of impact and determines the amount ofcompensation and supplemental assistance to be offered to identified affected propertyowners. The survey categorizes the properties affected into various classifications and subclassificationsbased on physical characteristics. The report is presented in line with the RAPImplementation Schedule.Properties likely to be impacted upon are:Movable/Temporary Structures - 1,592Immovable/Permanent Properties - 410Presented in Table 7-0 below is a Summary of Affected Properties along each Priority Sectionand on either side of the road.TABLE 7-0: SUMMARY OF AFFECTED PROPERTIESPRIORITY SECTION TEMPORARY STRUCTURES PERMANENTPROPERTIESLHS RHS LHS RHSSECTION 1 (12+500 – 64 141 36 6014+125)SECTION 2325 501 62 98(8+600 – 12+500)SECTION 397 105 42 43(6+000 – 7+500)SECTION 4108 251 23 46(7+500 – 8+600)TOTAL 594 998 163 2471,592 41056

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2The Total Estimated cash Compensation and Supplemental Assistance to permanent andtemporary Structure Owners are presented in Table 7.1 below.TABLE 7-1: TOTAL CASH COMPENSATIONS AND SUPPLEMENTAL ASSISTANCE FOR PERMANENTAND TEMPORARY STRUCTURES.TYPE OF STRUCTUREAMOUNT (GH¢)Temporary StructuresGH¢1,034,276.11Permanent StructuresGH¢ 19,582,364.07- buildings & civil works7.1 Movable/Temporary PropertiesGH¢2,476,555.91- landTemporary structures are usually affixed to the ground with lose permanent/civil works namelymass/paved concrete floors/slabs. Other such structures have their frontage paved with massconcrete or even go further to enclose their frontage by providing short (dwarf height) wallsmade of sandcrete block. The cost of civil improvements is assessed based on the floor areapaved.7.1.1 Classification Based on Status of OperationThe survey observed that while the bulk of temporary structures were in use asbusiness/trading premises, there were a fair number of structures that were closed and/orappeared abandoned. The assessment of loss of income/profit during the relocationnecessitates that structured be classified based on their operational status (in use and not inuse).Table 7-2 below presents the results of the survey showing that 86.9% of temporary structuresare used for business/trading and other purposes while 13.1% were closed or abandoned at thetime of the survey.TABLE 7-2: STATUS OF OPERATION OF TEMPORARY STRUCTURESIN USE NOT IN USESECTION 1 - 12+500 - 14+145 194 11SECTION 2 - 8+600 - 12+500 750 76SECTION 3 - 6+000 - 7+500 187 15SECTION 4 - 7+500 - 8+600 335 24TOTAL 1,466 1261,59257

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 7.3 below shows the operational status as per the Priority Sections.TABLE 7.3: OPERATIONAL STATUS AS PER PRIORITY SECTIONSSECTION 1 –12+500 – 14+125SECTION2 -8+600 – 12+500SECTION 3 –6+000 – 7+500SECTION 4 –7+500 – 8+6007.1.2 Physical ClassificationLHSRHSIN USE 58 136NOT IN USE/CLOSED 6 5TOTAL 64 141205LHSRHSIN USE 293 457NOT IN USE/CLOSED 32 44TOTAL 325 501826LHSRHSIN USE 89 98NOT IN USE/CLOSED 8 7TOTAL 97 105359LHSRHSIN USE 100 235NOT IN USE/CLOSED 8 16TOTAL 108 251Based on their physical data (construction material), the following affected TemporaryStructures were identified.Table 7-4: Physical classification of Temporary StructuresTABLE 7.4 - TYPE OF STRUCTURES - CONSTRUCTION MATERIALSECTION 1 SECTION 2 SECTION 3 SECTION 4Wooden Kiosk (Without Mass Concrete Flooring 54 299 80 163Wooden Koisk (On Mass Concrete Floor) 25 65 8 19Wooden Structure (Mass Concrete Floor & Roof) 15 121 21 23Container (No Mass Concrete Floor, Ordinary) 22 60 22 28Container (Mass Concrete Floor, Modern) 89 281 71 126TOTAL 205 826 202 3591,59220258

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Structures commonly used in the corridor were kiosks with no mass concrete flooring (37.4%)and containers with mass concrete flooring (35.6%). Other existing temporary structures arekiosks, wooden shacks on concrete flooring and containers with no mass concrete flooring.Details of the various types of structures on either side of the road as per the four sections arealso provided in the Appendices.7.1.3 Size ClassificationThe identified structures were further classified based on their structure size. The sizes of thestructures in general reflect the kind of business/trading activity and the scale of the business.Table 7-5 below shows that the bulk of structures affected were smaller than a 20 footercontainer in size. This container is usually a disused shipping container that has been convertedfor use as a shop, storage or even dwelling place. There are basically two sizes of this containerthe 20ft X 10ft and the other is 40ft X 10ft. In recent times metal workers have begun to buildsome cabin like structures with metal sheeting that are also referred to as containers. Most ofthese are about 12ft X 10ft or less. For the purposes of this study, structures less than 20ft X10ft were classified as small and 73.7% of structures were in this category. Medium werestructures that were larger than 20ft X10ft but less than 40ft in length and large were 40ft X10ft and above.Majority of businesses operated from small structures and this is a clear indication that they arevulnerable..TABLE 7- 5- SIZE OF STRUCTURESSMALL MEDIUM LARGESECTION 1 - 12+500 - 14+145 154 39 12SECTION 2 - 8+600 - 12+500 596 181 49SECTION 3 - 6+000 - 7+500 145 45 12SECTION 4 - 7+500 - 8+600 244 102 13TOTAL 1,139 367 861,592Details of the size of structures on either side of the road as per the four sections are alsoprovided in the Appendices.7.1.4 Activity ClassificationStructures were further classified according to nature of use or business in terms of goods soldor services provided. Business names were also collated for identification purposes. Data onyears of operation were also obtained.59

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2In sections 1 & 2 majority of structures are used by artisans woo are mainly carpenters,welders, auto mechanics and aluminum fabricatorsIn section 3 and 4 most structures are used by petty traders selling groceries, toiletries,haberdashery and books. (Refer to Tables below)The survey results show that businesses to be affected vary and disturbance to business willinclude loss of income, business goodwill and relocation cost.TABLE 7 -6 - SECTION 1 - 12+500 - 14+125Petty Trade (Groceries/Hair/Cosmetics/Sewing/Book 7 7Communication Centre, Internet Café, Phone Cards 0 6Hairdressers, Seamstress/Tailor, Barber Etc Wkshop 4 9General Retail Household Items - Matresses, Plastics, 2nd Hand Household Goods 9 6Hardware- (Cement, Electrical, Plumbing, Building, Timber) 3 15Key Cutters, Shoe Makers, Artist, Offices &Others 1 9Hospitality Facilities - (Chopbars, Fast Food, Restaurant, Drinking Café) 4 15General Repairs - Tvs, Fridges, Etc. 0 0Carpenters, Welders, Auto Mechanic, Alum. Fabrication 18 33Vehicle & Spare Part Sales, Car Accessories 8 28TOTAL 52 128SECTION 2 - 8+600 - 12+500LHS RHSPetty Trade (Groceries/Hair/Cosmetics/Sewing/Book 30 46Communication Centre, Internet Café, Phone Cards 9 10Hairdressers, Seamstress/Tailor, Barber Etc Wkshop 26 30General Retailof Household Items - Matress, Plastics, 2nd Hand Household Goods 27 19Hardware- (Cement, Electrical, Plumbing, Building, Timber) 22 77Key Cutters, Shoe Makers, Artist, Offices &Others 3 7Hospitality Facilities- (Chopbars, Fast Food, Restaurant, Drinking Café) 23 51General Repairs - Tvs, Fridges, Etc. 3 12Carpenters, Welders, Auto Mechanic, Alum. Fabrication 36 88Vehicle & Spare Part Sales, Car Accessories 19 46TOTAL 198 386LHS182584RHS60

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2SECTION 3 - 6+000 - 7+500LHS RHSPetty Trade (Grocerieshair/Cosmetics/Sewing/Book 23 23Communication Centre, Internet Café, Phone Cards 2 4Hairdressers, Seamstress/Tailor, Barber Etc Wkshop 7 7General Retail Of Household Items- (Matress, Plastics, 2nd Hand Household Goods) 9 12Hardware- (Cement, Electrical, Plumbing, Building, Timber) 5 7Key Cutters, Shoe Makers, Artist, Offices &Others 7 2Hospitality Facilities- (Chopbars, Fast Food, Restaurant, Drinking Cafe) 18 13General Repairs - Tvs, Fridges, Etc. 5 9Carpenters, Welders, Auto Mechanic, Alum. Fabrication 12 16Vehicle & Spare Part Sales, Car Accessories 2 3TOTAL 90 96SECTION 4 - 7+500 - 8+600LHS RHSPetty Trade (Groceries,Hair/Cosmetics/Habadasherry/Books) 30 58Communication Centre, Internet Café, Phone Cards 4 6Hairdressers, Seamstress/Tailor, Barber Etc Wkshop 9 11General Retail – Household Items (Matresses, Plastics, 2nd Hand Household Goods) 15 33Hardware- (Cement, Electrical, Plumbing, Building, Timber) 13 2Key Cutters, Shoe Makers, Artist, Offices &Others 2 4Hospitality Facilities- (Chopbars, Fast Food, Restaurant, Drinking Cafe) 13 28General Repairs - Tvs, Fridges, Etc. 2 22Carpenters, Welders, Auto Mechanic, Alum. Fabrication 10 49Vehicle & Spare Part Sales, Car Accessories 2 16TOTAL 100 2297.1.5 Assessment of Supplemental AssistanceSupplemental Assistance in the form of cash is provided to Owners of temporary structures. Itcovers the following:-Cost of removal and transporting structures (Relocation Cost)Loss of Business during the transition period of relocating;Loss of Business Goodwill:Loss of connection to Utilities (electricity); andLoss of mass concrete floors, paved frontage and other civil work improvements.18632961

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 27.1.6 (i) Assessment of Relocation Cost (Transportation Cost)The size and type of structure were the key factors influencing the cost of relocating. Dataobtained show that cost of transporting within the city of Accra is fairly standard and is chargedby the type/size of the load transported rather than by the distance.Analyzed Transport Cost Data adopted ranged from GH¢200.00 to GH¢300.00 depending onsize and type of structure.For the purpose of standardization, Sizes of the structures were categorized using the ShippingContainer measurements. Using the length of structure, size categorisation adopted is:Small, less than or equal to 20 footer (20 feet) container:Medium, more than 20 feet but less than 40 feetLarge, more than 40 feet.The following were adopted as Cost for fork lifting and transporting structures:-COST OF FORKLIFTING AND TRANSPORTING STRUCTURESSMALL-SIZE MEDIUM SIZE LARGE SIZE OTHERS (CANOPIES,DISMANTLED SHEDS, EXTRASMALL STRUCTURES)GH¢200.00 GH¢250.00 GH¢300.00 – GH¢100.007.1.6 (ii) Assessing Replacement Cost of Civil Work ImprovementsIn assessing the full replacement cost for civil works to be affected, the Replacement CostMethod was applied. This method involves the analysis of current construction cost of similarworks. The Unit Construction Cost Rate adopted are:Mass Concrete Pavements - GH¢6.50/m².Pre-cast Concrete Paving Blocks - GH¢25.00/m².Short Sandcrete Walls - GH¢10.00 to GH¢15.00/m 2 .(Solid blocks or honey comb blocks)7.1.6 (iii) Assessment of Loss of Income during Reinstatement PeriodThe possible loss of the business’ Net Profit during the relocation of structures andcommencement of business at new sites were also assessed and applied. Key factorsconsidered were the nature of business, location attributes and the commercial characteristics62

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2of the road corridor. Net income was assessed based on a reinstatement period of six (6)monthsBased on field income data obtained from the survey and based on the professional opinion ofthe Valuer, a representative amount was adopted for the various categories of affectedbusinesses. Provision was made for structure owners who reside in their structures for anyincidental cost likely to arise from the impact (permanent residential accommodation).Table 7-7: BUSINESS CATEGORY AND RECOMMENDED NET INCOMECATEGORYNET PROFIT (GH¢)Petty Trade (Groceries/Hair/Cosmetics/Sewing/Book 80.00Communication Centre / Internet Cafe 80.00Hairdressers, Seamstress/Tailor, Barber Etc 100.00General Retail Household Items - Matresses, Plastics, 2 nd HandHousehold Goods 120.00Hardware-(Cement, Electrical, Plumbing, Building, Timber) 120.00Key Cutters, Shoe Makers Shop 80.00Hospitality Facilities- (Chopbars, Fast Food, Restaurant, DrinkingCafe) 100.00General Repairs - Tvs, Fridges, Etc. 100.00Carpentary, Aluminum. Framed Products, Welding, MechanicsWorkshops 120.00Vehicle Sales, Accessories, Garages/Auto, 200.0030.00 per monthResidence(Rent for single room)Sale Of Lotto Tickets, Sale Of Cell Phone Units 407.1.6 (iv) Provision for DisturbanceEach PAP will be paid an additional sum of money for the loss of business goodwill,reconnection to electricity, moving of stock/goods and other intangible losses arising out of theacquisition and for disturbance caused to the user in his/her use and enjoyment of theproperty.Disturbance was assessed as a percentage of cost and it ranged from 2% to 10% of the TotalSupplementary Assistance. Disturbance margin adopted reflect the category of utility servicesavailable, business, size and general business environment as observed at the businesspremises.63

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 27.1.7 Summary of Estimated Supplemental AssistanceTABLE 7-8: SUMMARY F ESTIMATED SUPPLEMENTAL ASSISTANCESIDE OF ROAD SECTION 112+500 -14+125SECTION 28+600 – 12+500SECTION 36+000 – 7+500SECTIO 47+500 – 8+600LHS GH¢44,563.52 GH¢221,707.45 GH¢63,079.26 GH¢71,673.43RHSTOTAL(SECTION)GH¢105,428.71 GH¢313,237.75 GH¢70,194.58 GH¢143,671.39GH¢149,992.25 GH¢534,945.20 GH¢133,993.84 GH¢215,344.82GH¢1,034,276.11Report Volume II presents a Directory, Photos and Estimated Amount for SupplementalAssistance for PAPs with Temporary Structures.7.2 Immovable/Permanent Properties7.2.1 Type of Permanent PropertiesA permanent property as defined under this study consists of land with buildings, other civilworks and ground improvements thereon. Accordingly immovable/permanent properties to beaffected have been categorized into the following, Frontages that include:i. Fence wall only;ii. Fence wall and paved and/or landscaped grounds:Paved and/or landscaped Grounds only such as car parking areas, frontage of buildings,lawns/gardens:Also to be affected are:Building only:Building, with fence wall and with paved/landscaped grounds:Building with fence wall no paved grounds:Building with paved/landscaped grounds not fenced:Bare Grounds (Land only);Filling Stations; andOthers such as washing bays, concrete water reservoirs64

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Refer to Tables 7-9 to 7-10 for the number of properties affected in the various categories.TABLE 7-9: TOTAL PERMANENT PROPERTIESLHS RHS TOTALFence Wall Only 7 25 32Fence & Pavements 10 15 25Pavementt Only 37 13 50Building Only 36 83 119Bld, Fence & Pave't 5 31 36Bld, & Fence 8 19 27Bld & Pave't 33 38 71Bare Land 5 12 17Filling Stations 4 2 6Other (Washing Bays) 22 11 30163 247410Table 7-10 shows the various categories of properties likely to be affected at the PrioritySections under the RAP Implementation Schedule.TABLE 7-10: CATEGORIES OF PROPERTIES LIKELY TO BE AFFECTEDDESCRIPTION SECTION 1 SECTION 2 SECTION 3 SECTION 4LHS RHS LHS RHS LHS RHS LHS RHSFence Wall Only 4 11 2 8 1 3 0 3Fence & Pavement 1 3 2 7 6 4 1 1Pave'ment Only 8 6 9 3 18 4 2 0Building Only 4 18 17 42 7 11 8 12Bld, Fence & Pavement 0 9 2 12 1 5 2 5Bld, & Fence 3 4 1 10 1 2 3 3Bld & Pavement 7 3 16 12 3 9 7 14Bare Land 0 2 2 1 3 4 0 5Other (Washing Bay) 9 3 10 3 2 1 0 2Filling Station 0 1 2 0 1 0 1 136 60 62 98 42 43 23 4696 160 85 6965

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 27.2.2 Extent of ImpactImpacts on properties are either partial or full. Properties with only their fence wall andgrounds (paved or unpaved/bare grounds), affected, are classified under partially affected.There are 124 of such properties within this category and they represent 30.2% of permanentproperties affected.Table 7-12 shows properties that had only their ground improvements affected.TABLE 7-12: PROPERTIES WITHONLY GROUND IMPROVEMENTSARE BEING AFFECTEDDESCRIPTIONTOTALFence Wall Only 32Fence & Pavement 25Pavement Only 50Bare Land 17TOTAL 124A total of 286 buildings were affected, however, the extent of impact varies and the type ofbuildings also vary. Buildings include ancillary buildings to main commercial buildings.The extent of impact on properties with buildings is presented in Table 7-13 below.TABLE 7-13: EXTENT OF IMPACT ON BUILDINGSSECTION 1 SECTION 2 SECTION 3 SECTION 4 TOTALLHS RHS LHS RHS LHS RHS LHS RHSFully 12 23 25 64 11 22 11 29 197Partially 2 11 11 12 1 5 9 5 56TOTAL 14 34 36 76 12 27 20 3448 112 39 54 2537.2.3 Extent of Impact on Buildings AffectedTable 7-12 shows that 197 properties were fully affected; these buildings vary and includeminor/ancillary buildings such as single-cubicle sanitary blocks and main buildings such asthree-storey commercial buildings. The buildings are sub-classified based on the storey heightand whether they are main buildings or ancillary buildings to further demonstrate the extent ofimpact on buildings.66

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 7-14below shows that out of 410 properties to be affected 253 representing 61.71% arebuildings of which the majority 67.19% is single storey buildings.TABLE 7-14: TOTAL BUILDINGS AFFECTEDLHS RHS Total %Ancillary Buildings 2 15 17 6.72%Single-Storey 61 110 170 67.19%2-Storey 16 32 48 18.97%3-Storey 3 14 18 7.11%TOTAL 82 171253In the Appendices are the details of properties affected and a brief description of the extent ofimpact for each property. Details provided include owners name and address, type of buildings,use of the building and names of tenants within building if tenant-occupied.Table 7-15 presents the extent to which the various categories of buildings are affected.EXTENT OF IMPACT ON VARIOUS CATEGOEIES OF7-15: BUILDINGSFULLY PARTLY TOTALAuxillary Blds 17 0 17Single Storey Blds 126 45 1712-Storey Blds 33 15 483-Storey Blds 11 6 17TOTAL 187 66 2537.2.4 Extent of Impact on Filling Stations and Washing BaysWashing Bays were fully affected as impact affected the parking areas and concrete ramps onwhich vehicles stand during washing.Four (4) Filling Stations are fully affected their underground fuel tanks of varying capacities areburied within the ROW. Two are partly affected.7.2.5 Building Use ClassificationGeneral property characteristic data was collated included:-Use of the property67

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Number of storey’s (single or two-storey);Whether it was detached/Semi-detached;Constructional Details;Most buildings affected are sandcrete block walls with reinforced concrete columns and beamswith simple architectural design layout and basic finishing and fittings.7.2.6 Details of Impact on Affected PropertiesDetails showing Owners’ names, address, GHA property numbers, description of impact onproperty and names of identified occupants of buildings affected including tenants. (Refer toAppendices).7.2.7 Basis for the Assessment of Compensation ValueProvisions under the State Lands Act, 1962 and the World Bank (OP 4.12) state that a personmust be reinstated at full replacement cost. This requires that basis of valuation be the “OpenMarket Capital Value” adopting the Replacement Cost Approach.The Full Replacement Cost of buildings and civil works was assessed using the replacement costapproach. For the assessment of land values, the Comparative Sales Approach was adopted.Provision was made for Disturbance caused and added to the Capital Value for Land andBuildings to arrive at the Full Replacement Cost.The compensation assessed was for the following identified losses:-Compensation for loss of Land;Compensation for loss of Immovable Buildings and Other Civil Improvements on the Land;Compensation for loss of peaceful enjoyment that is disturbance arising out of the acquisition(loss of accommodation, moving of chattels/goods)Compensation for Loss of Income derived from use of property;7.2.8 Unit Construction Rates AdoptedTo determine construction cost rates constructional details including stage of completion werenoted and properties classified accordingly. The Replacement Cost Approach requires that theunit cost rate of construction for each category be determined and applied to the total externalfloor area of the building, length of affected fence walls, and area of paved/landscaped. Noaccount of depreciation is taken.68

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 7-16 below present categories and construction cost rates.TABLE 7-16: CONSTRUCTION RATES ADOPTEDUNIT COST RATE(GH¢)DESCRIPTION MIN MAXSimple Sandcrete With Jalousies/Glass Louvres, Screed, Plywood,Alum/Asbestos Roof 250.00 375.00Sandcrete With Sliding Glass, Ceramic/Porcelain, Timber/PlasticT&G, Tiles Roof/Long Span Roof Type 350.00 475.00Combination Of Wooden Frame & Sandcrete Block Walls, Shutters,Glass Louvres, Alum Roof, Doors 180.00 215.00Typical Store Buildings - Sandcrete, No Window, Metal Gate 200.00 275.00(Note: Rate per m²)Table 7-17 below present categories and construction cost rates for fence walls.TABLE 7-17: CATEGORIES AND CONSTRUCTION COST RATES FOR FENCE WALLSDESCRIPTIONUNIT COST RATE(GH¢)Standard Sandcrete/Concrete Wall 50.00Standard Sandcrete/Concrete Wall With Metals 45.00Barded Mesh/Chain Link Fencing 25.00Combined - Sandcrete Wall & Chain Link 35.00Timber Fence Wall 35.00(Note: Rate per m)69

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 7-18 below present categories and construction cost rates for pavements.TABLE 7-18: CATEGORIES AND CONSTRUCTION COST RATES FORPAVEMENTSDESCRIPTIONUNIT COSTRATE (GH¢)Mass Concrete Pavement 30.00Bitumen/Surface Dressed Pavement 45.00Pre-Cast Concrete Paving Blocks/Slabs 40.00Loose Gravel / Chippings 10.00Landscaping (Lawns)(Note: Rate per m²)7.2.9 Compensation for Affected Land AreasFor the purpose of this study, land areas affected are the measured land area occupied by theaffected building and civil works. The study is limited to these affected areas and covers theboundaries of the land as shown by reputed owners and does not cover the boundaries as maybe revealed by a site plan.The study did not assess the each leaseholder’s term subsisting in their affected land. Thestudy assumed that these are leases held on long term leases and accordingly a lease holdperiod of 50years was adopted. For this reason, the assessed land values are presentedseparately from the building values.The reversionary interest in these affected land were not assessed and thus provision forcompensation as estimated under the study covers leaseholders and does not includecompensation to the freeholder or allodial interest holder namely the GA chiefs and theirrespective families.Land compensation at replacement values, however, will be provided to all persons with alegitimate claim. Government of Ghana procedures will be followed and funds equivalent tothe estimated value of lands will be held in special account as agreed with MCC fordisbursement to landowner once LVB has confirmed the land claim.70

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 27.2.10 Compensation for DisturbanceProvision for disturbance was made to cover typical incidental expenses and intangible lossnormally associated with compulsory acquisitions. Typical incidental expenses associated withthe loss of buildings identified included:-a. Disturbance- Cost of alternative accommodation for owner-occupiers and tenants during thereinstatement period;Possible loss of tenants by landlords i.e. landlords’ disturbance arising from refunding rentscollected/providing tenants with alternative accommodation, loss of tenant rent duringreinstatement period; andRelocation expenses for landlord and tenants occupying affected property.Based on the Valuer’s experience and professional opinion, the following was adopted:-10% of the Full Replacement Cost for partly affected properties15% of Full Replacement Cost for fully affected Residential properties; and20% of Full replacement Cost for fully affected commercial and mixed use properties.7.2.11 Summary - Estimated Compensation Valuation ListTable 7-21 below provides a Summary of the Total Number and Total Estimated CompensationValue for Properties to be affected. Supplemental Assistance to Tenants is also provided. Seesection 6.4.2 for details.PERMANENT PROPERTIES - LEFT HAND SIDESECTIONESTIMATED COMPENSATIONVALUE FOR BUILDINGSESTIMATEDCOMPENSATIONVALUE OF LANDAREA AFFECTED1 - 12+500 -14+125 188,441.12 342,515.962 - 8+600- 12+500 309,268.35 2,828,404.913 -6+100-7+500 192,111.34 784,751.154 - 7+500- 8+600 133,189.74 2,756,643.15TOTAL 823,010.56 6,712,315.1771

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2PERMANENT PROPERTIES – RIGHTHAND SIDESECTIONESTIMATED COMPENSATIONVALUE OF LAND AREA AFFECTEDESTIMATEDCOMPENSATIONVALUE FORBUILDINGS1 - 12+500 -14+125 345,767.95 2,041,357.282 - 8+600- 12+500 869,937.29 6,832,949.713 - 6+100-7+500 265,511.46 2,601,622.094 - 7+500- 8+600 172,328.66 1,394,119.82TOTAL 1,653,545.36 12,870,048.90Details for each affected property and its estimated compensation value are provided in theMain Compensation List bound as a separate report.72

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER EIGHT8.0 IMPLEMENTATION PLANThis section outlines the RAP implementation plan. Given the limited time for RAPimplementation and construction, the RAP consultants worked closely with the engineeringdesign team to ensure that the RAP implementation was consistent with construction needswith five implementation sections. These implementation sections and chainages are detailedin Table 1-1 in the executive summary of this document repeated below in Table 8-1.Table 8-1:Implementation SectionsIMPLEMENTATION CHAINAGE COMPLETION DATE PROJECT-AFFECTED PERSONS:SECTIONMAJOR TYPES AND NUMBER1 12+500 – 30 th Sept 2009 869 (mostly business operators,14+119residents, house/land owners andpetty traders.2 8+600 – 23 rd Nov 2009 2,016 (mostly business operators,12+500apprentices, petty traders and3 6+000 –7+5004 7+500 –8+6005 (LOOP 5) 0+000 -0+200hawkers)26 th Jan 2010 1,015 (mostly business operators,hawkers, petty traders andapprentices)26 th Jan 2010 1,842 (mostly petty traders,business operators and hawkers.)3 rd Feb 2010 524 (mostly petty traders andbusiness operators.)Initial marking and referencing of the ROW was done by GHA and the Consultant’s Surveyor.The acquiring agencies (MiDA and GHA) showed the affected properties to the LVB. A jointreferencing done by a team comprising GHA and the Consultant’s surveyor and valuer validatedthe data already collected at the 3 intersections, and the Interchange at Mallam Junction. Thefinal valuation will be presented by LVB to its board for approval. LVB will submit anAssessment and Valuation Report to MiDA and will prepare offer letters for PAPs withproperties.Based on the experiences in Lot 1 of the N1, certain approaches will be used to facilitate theimplementation of the RAP. All PAPsare assigned unique identification numbers which can beused to identify them and for them to identify themselves in relation to their claim. Thisnumber will be given to them as part of the negotiations for them to present during thepayment of compensation. The picture and all data on each PAP will be printed on the73

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2negotiation forms before they are sent out. PAPs will be required to present proof of ownershipof business before negotiation commences. The use of electronic payment (mobile banking or“ezwich”) instead of manual payment will minimize the risk associated with handling of cash.GHA will establish an office in the corridor to facilitate payment to PAPs seeking theircompensation packages and will establish electronic payment at that location.The schedule for Implementation Plan for Lot 2 has been detailed in the attached Gantt chart atthe end of this chapter. The Gantt chart provides additional details on implementation activitiesand key roles and responsibilities.The diagram below shows the implementation process of the RAP. It represents the majoractivities to be completed as part of the implementation process. There are a considerablenumber of sub-activities that require to be completed in order to achieve these processes:74

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Compensation AssessmentFormation of RMC & GCs by MiDADisclosure of RAP by MiDAApproval of compensation packages byLVB BoardLVB prepares offer lettersNegotiations with PAPs by ICT- BANSICT-BANS Receive feedbackfrom PAPsPaymentofCompensation for landedproperties by GHAPayment of SupplementalAssistance by GHAReinstatement of hawkersand petty traders byMiDAVacation of site by PAPs for construction to commence75

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 28.1 REVIEW AND APPROVAL OF COMPENSATION ASSESSMENTThe review of compensation values assessment involves the following steps:LVB will undertake assessment of Property Impact and Valuation for Section 1 and will submit areport to the LVB board for approval within 16 days. LVB will submit the Assessment andCompensation Report to MiDA and will have one week to produce offer letters for PAPs inSection 1. Completion of works in Section 1 is very critical to the rest of the works on the roadcorridor. To enable work to commence in section 1 early, LVB would reference, value andsubmit property impact and valuation report in this section first, before they move to the nextsections.The Property Impact and Valuation Report for Section 2 will follow the same process but LVBwill have 30 days for assessment. The remaining three sections will be assessed in a singlereport. LVB will have 40 days to review and report on Section 3, Section 4 and Section 5. (Fordetails refer to the attached GANTT Chart for implementation.)8.2 ISSUANCE OF OFFER LETTERS TO PROPERTY OWNERSAs regards compensation for permanent structures, LVB will within five (5) days of submittingthe Assessment and Compensation Report to MiDA, issue offer letters to claimants for whichthey are allowed twenty-one (21) days to accept or reject the offer. The letters will be deliveredto MiDA who will forward them to ICT-BANS. ICT-BANS will add negotiation forms to the lettersand detail their negotiators to deliver them to the PAPS concerned. ICT-BANS will thencommunicate to MiDA the accepted offers. MiDA will then forward to its Fiscal Agent the list ofaccepted claims.On the other hand, if a claimant rejects the LVB offer, he/she is permitted to engage theservices of a private valuer to enter into a process of negotiation with LVB. When the twoparties reach a compromise, LVB will then issue another offer letter based on the agreed terms.MiDA’s Fiscal Agent will then prepare payment vouchers and checks (cheques) for propertyowners and pay them accordingly. PAPs in this category are:Owners of permanent structures: they will receive compensation for demolished structures orcivil improvements. 213 house / structure owners will be compensated for their losses. Detailedtreatment of compensation types, supplemental assistance types and payment periods, hasbeen discussed in section 6.4.76

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 28.3 FORMATION OF RESETTLEMENT MONITORING COMMITTEE(RMC)ICT-BANS prepared a TOR for the Resettlement Monitoring Committee for Lot 1 which wasapproved by MiDA and MCC but this has been reviewed for Lot 2 due to the difficulty involvedin obtaining a quorum for meetings. The RMC representatives will be vetted based on MCCGuidelines and then the Committee shall be inaugurated. The RMC will be established within 24days from May 5 to June 5, 2009. The Committee will comprise nine (9) members: one (1) eachfrom MiDA; Environmental Protection Agency (EPA), Ablekuma North sub-metro and an NGOnominated by the Ghana Association of Private Voluntary Organizations in Development(GAPVOD); one from the Private Sector: Ghana Union of Traders’ Associations (GUTA) orAssociation of Ghana Industries (AGI). In addition, four (4) PAPs have been selected to serve onthe Committee. The details of the mandate of the RMC are in the TOR and are included in theappendices (Refer to Appendix 5). The RMC are responsible for ensuring that the principles andspecific requirements of the RAP are adhered to and implemented.8.4 FORMATION OF GRIEVANCE COMMITTEES (GC)ICT-BANS have modified the Lot 1 GC TOR for Lot 2 and this will be approved by MiDA, andMCC. The TOR specifies the composition of the Committees, which will include: the number,membership, sitting dates, procedures, etc. Two (2) Grievance Committees will be set up alongLot 2 to minimize conflicts that may arise from the resettlement implementation activity. OneGC will be set up at AbekaLapaz and another at Kwashieman to serve PAPs in the varioussections as described in section 6.5.1.Membership of each Grievance Committee will comprise nine (9) persons, one (1) from each ofthe following organizations: MiDA, GHA, Okaikoi North and Ga South Sub-Metro Offices, theGhana Chamber of Commerce and EPA and an NGO or CSO nominated by the GhanaAssociation of Private Voluntary Organizations in Development (GAPVOD). Three (3) memberswill also be selected from among the PAPs. The GC Representatives will be vetted based onMCC Guidelines and then the Committees will be inaugurated. Letters inviting officials shall besent out on Tuesday, June 9, 2009. The process towards the formation of the GC will becompleted within 33 working days from Friday, May 22 to Monday, July 6, 2009.8.5DISCLOSURE OF RAP BY MiDAMiDA will disclose the RAP through the news media, websites and on bulletin boards in order todisseminate information on the resettlement activity to PAPs on the N1 Lot 2, the public andother stakeholders. Announcements will be made on two local FM stations, specifically PeaceFM and Adom FM. The announcements which will be programmed to cover a period of 2177

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2working days, is scheduled to start from Monday, July 6 and end on August 3, 2009. Thisnotification will be channeled through newspaper adverts in leading dailies like The DailyGraphic, The Ghanaian Times and The Daily Guide, which will run for three days; i.e. fromMonday, July 6, to Wednesday, July 8, 2009.Copies of the RAP document shall be placed on MiDA and MCC websites. Hard copies shall alsobe placed in the offices of MiDA EPA, GHA, Okaikoi North and Ablekuma North Sub-Metrooffices and Ga South Municipality office for public viewing throughout the construction phaseof the project. In addition, the RAP will be disclosed at a public forum for groups andorganizations such as, local government officials, NGOs, PAPs, community leaders, etc, onThursday July 2, 2009 to give them the opportunity to express their views on the resettlementIssues.8.6 RAP IMPLEMENTATION8.6.1 Negotiations with PAPsThe Implementation Program will begin with negotiations with the PAPs on theircompensation/re-instatement packages. ICT-BANS will build and train a Negotiation Teamcomprising 60 individuals i.e. 50 negotiators and 10 supervisors, who will meet with thebusiness operators, tenants (residential accommodation), hawkers as well as institutions andapprenticesaffected by the upgrading of Lot 2 and who are eligible for compensation. TheNegotiation Team will be supervised by ICT-BANS. Each employer and his / her employee(s) /apprentice(s) will be treated as a group. During the Negotiation Period, PAPs will be informedabout the type of compensations or reinstatement package due them. After each negotiationsession, PAPs without structures will have one week to consider the offer before feedback willbe required of them but they are free to respond immediately if they so wish. PAPs withproperties will however have three weeks after negotiation to consider the offer beforefeedback. They are also free to respond immediately if they so wish. It must be mentioned thatthe communities overlap in the implementation sections.Negotiations will be done according to the priority sections beginning with section 1. Thelanded property owners require a longer period to vacate the ROW. Ideally in each section theyshould be met first, followed by PAPS without structures. However, due to the delaysassociated with the assessment and approval of property impact valuation report by the LVB,the consultant will start negotiations with the PAPs without structures (business operators,apprentices, hawkers and petty traders). The business owners/operators and their apprentices,hawkers and petty traders are relatively easier to find. Therefore, each negotiator will berequired to meet at least five PAPS without structure in a day. On the other hand, due to thedifficulties associated with meeting the property owners, each negotiator will be expected tomeet at least one property owner per day. This is going to be the minimum and not a rule.Those who can meet more than one property owner a day will be an advantage. Negotiators78

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2who are not able to meet PAPs with property assigned to them within the stipulated time willbe assigned additional PAPs while they follow up until they meet them.Most activities will be carried out concurrently. Once negotiation is completed in section one,the rest of the activities will be carried out concurrently. For example, while waiting forfeedback from PAPs in section 1, negotiations with PAPs in section 2 will be ongoing. Also, whilenegotiation is going on in section 3, the consultant will receive feedback from PAPS and processvouchers for payment of supplementary assistance for PAPs in section 1. In addition, needsassessment for PAPs in sections 1&2 and negotiations with PAPs in section 4 will be carried outat the same time.The negotiations will be carried out according to the Implementation Sections as follows:Section 1 (Chainage 12+500-14+119): The constructions work is scheduled to begin in thissection which covers Mallam, Awoshie and North Odokor. A total of 156 property owners andresidential tenants and 710 non property owners will be met in this section. While theconsultant waits for offer letters from the LVB, negotiation with PAPs without structure willcontinue in section 2.The resettlement implementation plan for the various PAPs is captured in the tables below bysection from the negotiations process to the vacation from the ROW:Table 8-1a Resettlement Implementation for PAPS: Section 1Resettlement Process Activities Start Date End dateNegotiations Meeting with 866PAPs atMallam, Awoshie and NorthOdorkorFeedback from PAPs fromFeedbackMallam, Awoshie and NorthOdorkorPayment ofSupplemental AssistanceCompensation ofLanded PropertyVacation from ROWPayment of PAPs atMallam,Awoshie and NorthOdorkorPayment to landed propertyownersVacation period for 710 PAPswithout structures inMallam , Awoshie and NorthOdorkorVacation period for 57landed property owners inMallam, Awoshie, and NorthOdorkor6/5/2009 6/16/20096/17/2009 7/9/20096/8/2009 7/28/20096/30/2009 7/7/20098/31/2009 7/16/20097/8/2009 9/29/200979

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Section 2 (Chainage 8+000-12+500): Section 2 (Chainage 8+000-12+500): This section coverspart of AbekaLapaz, Awoshie, Kwashieman, Nii Boi Town, North Odorkor and Official Town. Atotal of 158 property owners and 1855 non property owners will be met in this section. Hereagain negotiation with PAPs with structure will begin only when offer letters are ready.The duration of the activities in this section overlap with activities in section one. For example,while negotiation is going on in section two, feedback will be expected from the businessoperators, hawkers and petty traders in section oneTable 8-1b Resettlement Implementation Period for PAPS: Section 2Resettlement Activities Start Date End dateImplementationProcessMeeting with 2013 PAPs at 7/24/2009 8/17/2009NegotiationsAbekaLapaz, Awoshie,Kwashieman, Nii Boi Town,North Odorkor and OfficialTownFeedbackFeedback from PAPs from 8/14/2009 10/19/2009AbekaLapaz, Awoshie,Kwashieman, Nii Boi Town,North Odorkor and OfficialTownPaymentof Payment of PAPsat 9/8/2009 9/14/2009SupplementalAbekaLapaz, Awoshie,AssistanceKwashieman, NiiBoi Town,North Odorkor and OfficialTownCompensation of Payment of landed property 8/19/2009 8/28/2009landed properties ownersVacation from ROW Vacation period for PAPs 8/31/2009 10/1/2009without structures in Abeka,Kwashieman, Awoshie andNiiBoi TownVacation period for PAPs withlanded property in Abeka,8/31/2009 11/23/2009Kwashieman, Awoshie andNiiBoi TownSection 3 (Chainage 6+000-7+500): This section covers part of Abeka Lapaz, Akweteman andApenkwa. 72 and 940 property owners and non property owners will be met in this section..80

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 8-1c Resettlement Implementation for PAPS: Section 3Resettlement Process Activities Start Date End dateNegotiationsFeedbackPayment ofSupplemental AssistanceCompensation ofLanded PropertyVacation from ROWMeeting with 1012 PAPs atAbeka Lapaz, Akwetemanand ApenkwaFeedback from PAPs fromAbeka Lapaz, Akwetemanand ApenkwaPayment of 960 PAPs atAbeka Lapaz, Akwetemanand ApenkwaPayment to 52 landedproperty ownersVacation period for 960PAPswithout structures inMallam , Awoshie and NorthOdorkorVacation period for 52landed property owners inMallam, Awoshie, and NorthOdorkor9/28/2009 10/6/200910/13/2009 10/26/20099/29/2009 11/12/200910/1/2009 11/2/200911/3/2009 12/4/200911/3/2009 1/26/2010Section 4 (Chainage 7+500-8+600): This section covers part of Abeka Lapaz, Akweteman and NiiBoi Town. A total of 76 property owners and 1839 non property owners will be met in thissection.Table 8-1d Resettlement Implementation for PAPS: Section 4Resettlement Process Activities Start Date End dateNegotiationsFeedbackPayment ofSupplemental AssistanceCompensation ofLanded PropertyMeeting with 1839 PAPs atAbeka Lapaz, Akwetemanand Nii Boi TownFeedback from PAPs fromAbeka Lapaz, Akwetemanand Nii Boi TownPayment of PAPsat AbekaLapaz, Akweteman and NiiBoi TownPayment to 53 landedproperty owners8/18/2009 8/28/20099/2/2009 9/14/20098/19/2009 10/1/200910/1/2009 11/2/200981

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Vacation from ROW Vacation period for 1786PAPswithoutstructuresPAPs from atAbeka Lapaz, Akwetemanand Nii Boi TownVacation period for 53landed property owners inPAPs from at Abeka Lapaz,Akweteman and Nii BoiTown11/3/2009 12/4/200911/3/2009 1/26/2010Section 5 (Chainage +000-+200): This section covers Loop 5. A total of 40 property owners and484 non property owners will be met in this section.Table 8-1e Resettlement Implementation Period for PAPS: Section 5Resettlement Process Activities Start Date End dateNegotiations Meet 524 PAPs in Loop 5 8/31/2009 9/3/2009FeedbackPayment ofSupplemental AssistanceCompensation ofLanded PropertyVacation from ROWFeedback from PAPs in Loop59/10/2009 9/29/2009Payment of PAPsat Loop 5 9/1/2009 10/20/2009Payment to 40 landedproperty ownersVacation period for 484 PAPswithout structures PAPsfrom at Abeka Lapaz,Akweteman and Nii BoiTownVacation period for 40landed property owners inPAPs from at Abeka Lapaz,Akweteman and Nii BoiTown10/5/2009 11/10/200911/4/2009 12/4/200911/11/2009 2/3/201082

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 28.8 PAYMENT OF SUPPLEMENTAL ASSISTANCEPayment of Supplemental Assistance will be made by GHA to PAPs based on approved rates tobe determined by LVB. PAPs who will receive Supplemental Assistance include;2083Business Owners in temporary and permanent structures. They will be givencompensation for business losses and supplemental Assistance, where necessary.A total of 970apprentices will receive Supplemental Assistance for transportation to and fromwork for Seventy Two (72) days.209 residential tenants will be compensated for disturbance and receive one (1) year’s rentadvance for similar type of accommodation.A total of365 Business owners who do not have structures will be compensated for theirbusiness losses and receive supplemental assistance to relocate to alternative sites.8.9 COMPENSATION FOR LANDED PROPERTIESAs regards compensation for Permanent Structures, LVB will within five (5) days of approval ofthe property impact and valuation report make offers to claimants for which they are allowedtwenty-one (21) days to accept or reject the offer. LVB will then communicate to MiDA’s FiscalAgent the accepted claims and names of claimants. MiDA’s Fiscal Agent will then preparepayment vouchers and checks (cheques) for property owners and pay them accordingly. Asindicated above the valuation report will be presented for approval in three batches. However,compensation will be done according to section, as and when negotiations and feedback arereceived (See GANTT Chart for details). PAPs in this category are:Owners of permanent structures: they will receive compensation for demolished structures orcivil improvements. 213 house / structure owners will be compensated for their losses. Detailedtreatment of compensation types, supplemental assistance types and payment periods, hasbeen discussed in section 6.4.For persons with legitimate lands claims, i.e. those within the gazatted road reserve,Government of Ghana procedures will be followed and funds equivalent to the estimated valueof lands will be held in special account and other specific procedures to be as agreed with MCCfor disbursement to landowner once LVB has confirmed the land claim.8.10 VACATION OF SITE BY PAPSNotice to vacate the road corridor (ROW) will be served at the time of payment. In accordancewith OP4.12 and Ghanaian regulations, PAPs will be allotted a reasonable period to vacate theirpremises. PAPs who will be receiving Supplemental Assistance will be given one (1) month tovacate the site. Those who will be vacating permanent structures will be allotted three (3)months to do so. Fence walls that have to be rebuilt will be done within the allotted three (3)months. (See Gantt chart for additional details).83

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 28.11 REINSTATEMENT OF HAWKERS / PETTY TRADERSApart from the supplemental Assistance, there are also reinstatement packages planned forPAPs who are hawkers and petty traders. These PAPs will be reinstated after ICT-BANS (RAPTeam) has assessed and identified their needs so as to determine the type of programs that willbe suitable for them. The Reinstatement Programs include:8.11.1 Skills Training for Petty Traders and Hawkers:A total number of 1963PAPs who are petty traders and hawkers will be given technical andentrepreneurial training by some identified Organizations. Samples of potential organizationsthat will be involved in the training of the PAPs have already been discussed in Section 6.4.2.ICT-BANS will review the TOR for approval by MiDA and MCC to engage the variousorganizations to enable them to submit Proposals. The process for engaging trainingorganizations will commence on 12 th of June 2009. Notice of procurement will be published inthe national dailies for qualified organizations to apply.These training programs will be on-going and completion dates will depend on the duration ofeach particular Program. The duration of a program can be as long as eighteen (18) months oras short as one (1) week. This training may carry into January 2011.8.12 TECHNICAL ASSISTANCE FOR LAND ACQUISTIONTo facilitate land acquisition by PAPs, MiDA will help PAPs to conduct searches on alternativesites found for the parking areas for public transport to verify ownership and availability.84

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER NINE9.0 BUDGET AND SOURCE OF FUNDING FOR RAPIn total, resettlement on Lot 2 will cost approximately Twenty-Five Million, Three Hundred andEighty-Six Thousand, Six Hundred and Fifty Ghana Cedis (GH¢ 25,386,650) or approximatelyUSD18.13 million. The detailed cost estimate is found in Appendix 6This is broken down as follows:Budget ItemPermanent structuresBudgeted AmountGH¢22,058,919Land GH¢ 3,000,000Temporary structures GH¢ 1,034,276PAPs without structures GH¢ 650,269Re-instatement packages GH¢ 1,574,509Implementation Program GH¢ 68,676TOTALGH¢25,386,650In addition, cost for potential civil works for provision of alternative relocation sites have beenincluded in the civil works package. USD 500,000 for both Nii Boi Town and Kokroko sites, orother sites as needed has been included.Funding of resettlement activities will be provided by the Government of Ghana and Compactfunds.85

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2CHAPTER TEN10.0 MONITORING AND EVALUATIONMiDA will supervise the Implementation Program and ensure the timely execution of projectactivities.To enable MiDA effectively undertake the monitoring, a Resettlement Monitoring Committeewill be set up at the beginning of the implementation period to coordinate the various facets ofthe resettlement. Membership of this Committee will be drawn from MiDA, EPA, the PAPs,NGOs/CSOs and the private sector. Committee Meetings shall be held every month for theinitial resettlement period of eight (8) months and thereafter quarterly for the rest of theproject implementation period. MiDA shall co-chair the committee with the Civil SocietyRepresentative. The details of the full mandate of the Committee are set out in the TOR. (Referto Appendix 5)10.1 Monitoring ObjectivesObjectives of the Monitoring Program are to ascertain that the principles and the specificrequirements of the RAP are fully implemented. The monitoring shall ensure that:PAPs are successfully relocated to avoid and reduce impoverishment.Difficulties facing relocated PAPs at new locations are identified and addressed.Record of experiences is kept for future reference.10.2 Monitoring and Evaluation PhaseMiDA shall oversee the general monitoring of the RAP by means of both internal and externalchecks to ensure optimum performance.The internal Performance Monitoring Milestone will afford MiDA the chance to judge physicalprogress against indicators as set out in the table below:86

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 10-1 Internal Performance MilestoneIndicator Type MilestoneInputIdentification of alternative relocation siteNegotiations leading to site acquisitionOutput Site preparationPublic meetings heldOutcome PAPs in business/trade associations relocatedGrievance redress procedures established and operationalMonitoring results produced10.2.1 Internal Monitoring and SupervisionInternal monitoring of the resettlement operations will be undertaken by MiDA and GHAfollowing the schedules in the RAPs.The day-to-day field supervision will be the responsibility of the GHA Resettlement Office. Arecord of activities shall be captured in the Monthly and Quarterly Progress Reports (QPR)which are subject to review by RMC. The RMC will continuously take stock, discuss reportsreceived and assess solutions proposed. Their activities should ensure that the resettlement issuccessfully implemented. Regular Quarterly Reports shall be produced and submitted to MiDA.MiDA would bear the cost of monitoring.10.2.2 External Monitoring and SupervisionThe presence of representatives from civil society or non-governmental organizations and theprivate sector on the RMC will ensure on-going external monitoring and supervision. In thisway, the resettlement of affected persons will be facilitated and MiDA can measure the successor otherwise of the RAP.10.2.3 Monitoring IndicatorsAs a means of effectively reporting on the RAP implementation, the following indicators will bewatched during project implementation as indicated in the table below:87

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2Table 10-2 Monitoring IndicatorsACTIVITY MONITORING INDICATOR MEANS OF VERIFICATIONAscertain arrangements for Demolition/removal of Monitoring completed;relocating PAPsstructures; disconnection of report submittedutility services; closure ofbusinessesSupervise relocation PAPs relocated or being PAPs traced to newassisted; assistance offered locations; reportsubmittedMeetings with PAPs to find out PAPS settled; businesses Interaction completed;any likely difficulties restartedproblems identified;encountered at new locationssolutions suggested;report submittedFollow-up meetings and visits PAPS settled; businesses Interaction completed;to see how problems at new restartedproblems identified;location can be resolvedsolutions suggested;report submittedDetermine how far the Business on-going; restored or Turnover/sales/profitlivelihoods of PAPs have been betterfigures submitted asrestoredproof; report submitted10.3 Post-Project Evaluation10.3.1 Objectives of the EvaluationIn addition to the periodic evaluation that will be carried out during the planned project period,an audit will be done upon project completion. The audit willAppraise the extent of the achievements of the resettlement activities.Gauge the satisfaction level of re-located persons.Measure the progress of persons who have been relocated.Assess the sufficiency of the planned actions carried out.The following methods shall also be employed to achieve the above objectives:• Public Fora• Completion audit of available PAPs10.3.1.1 Public ForaQuarterly meetings shall be held with all PAPs. Extensive use of the print and electronic mediawill ensure that as many PAPs as possible will attend. The meetings are expected to mobilize asmany PAPs as possible and give a common voice to affected persons.88

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 210.3.1.2 Completion AuditAn audit will be done to determine whether the efforts to restore the living standards of theaffected population have been properly designed and executed. This completion audit willverify that all physical inputs earmarked in the RAP have been delivered and all servicesprovided. The audit will also evaluate if the mitigation actions prescribed in the RAP have hadthe desired effect. The baseline conditions of the affected parties before the relocation will beused as a measure against their socio-economic status after the resettlement.Questionnaires will be administered to as many PAPs as can be contacted. In addition to theindicators used in the baseline survey, the questionnaires will also identify issues such as:• Extent of recovery of business• Structures being used for business• Any expansion or shrinkage• Problems encountered• General perception of relocationTo be effective, the completion audit will take place after all RAP activities have beencompleted including development initiatives, but before the financial commitments to theprogram are finished. This will allow the flexibility to undertake any corrective action that theauditors may recommend before the project is completed.89

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2REFERENCESAddai-Yeboah, Alice, 2007. Road Sector: Resettlement Policy Framework. Transport SectorDevelopment Program. Prepared for Ministry of Transportation, GhanaBTC Project ESIA Georgia. Environmental and Social Impact Assessment Methodology, 2002Centre for Good Governance, 2006. A Comprehensive Guide for Social Impact AssessmentEIA Training Resource Manuel, Second edition 2002, Social Impact Assessment. Training sessionoutlineEnvironmental and Social Impact Assessment, Jima-Mizan Road Upgrading Project, EthiopiaGhana Highway Authority (date) Consultancy Services for Upgrading N1 Highway betweenTetteh Quarshie Interchange and Mallam Road Junction Accra, GhanaGhana Highway Authority. Social Impact Assessment, 2006. Construction of Tetteh QuarshieInterchange – Mallam Junction Road (14.0 Km)International Association for Impact Assessment. Social Impact Assessment, 2003. InternationalPrinciples, Special Publication Series No.2 MayVanclay, Frank, Center for Rural Social Research, Charles Stuart University, Australia. WorldCommission on Dams Social Impact Assessment, Prepared for Thematic Review V.2:Environmental and Social Assessment for large dams90

Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 2APPENDICES91