Correspondence from Thomas Tetteh, Western Region
It is the dream of everyone to own land, build a house and live in it with a family one day. However, after this dream is realized and government decides to take over your land and buildings to make way for a national project, your life becomes miserable due to the uncertainties that come with it.
The uncertainties come in diverse forms: whether the compensation will be paid or not, and even if it is paid, will it be enough to build that property again, alongside the struggles they have to go through?
Such is the dilemma some communities in Tarkwa Nsuaem municipality, who have been affected by a railway line construction in their communities, face. The communities include Brenuakyim, New Atuabo, Railway Quarters, Kwabedu, Bogrekrom and New Ndadieso.
Some of the affected persons in these communities have been living in their houses for a number of years now; others have just moved to their houses, hoping to continue building to their desired levels. Some have also gotten to various stages, hoping to get to a level where they could move in to avoid the huge sums of money they pay for accommodation. Others are also yet to commence construction.
However, the announcement of the government takeover of their property to make way for a 78-kilometer rail line development left the affected people in anxiety as they were told not to make any additional development on their land or buildings at the state where they were informed of the takeover.
How they heard of the takeover?
A victim, Vincent Mensah, said, “In the year 2019, we heard that the government was about to construct a railway line in our community and we saw it to be a good work, so we accepted them. They left and didn’t return until 2021. We have been having series of meeting with them but no results yet as we speak in 2023. Anytime we call them they came up with different stories each and every day”. “When you take a look at how far I have reached in building my house, I would have been done by now and given some of the rooms out for rent, but because of the construction of the railway line project, I haven’t been able to complete my house”.
Upon hearing that officials of the GRDA were coming to Manso, where the construction was beginning, they mobilized themselves to see the officials with the aim of speaking to officials to expedite actions on the payment of the compensation but that did not yield any result.
Due to the bad nature of the Benso Road, their car got stuck in muddy areas of the road, which they had to get down push. In the process they were severely drenched by rain.
Another victim, John Kwoffie also added “We went to Manso when they were opening the rail lines there. On our return, we witnessed lots of accident on the road after it rained heavily on the Benso road on the “line line hill”. As we were descending the lie lie hill, the car was about to fall into a pit so we had to get out from the car whiles we push the car. Most of us who fell down”.
As the meeting at Manso yielded no results, they wrote a letter and sent it to the office of the Railway Minister, Peter Amewu, and other institutions requesting the GRDA to allow them to continue with their constructions since their buildings were deteriorating.'
“We are humbly pleading and asking that if the development of the railway won’t come on, then they should let us be aware of that so that we can continue with our projects. For example, if we get one cedi and the cement is 50 pesewas, we know that when we go and buy it, they will come, so we spend the money," Mr Kwoffie said.
Issues on compensation
What is even killing the affected people is the silence of the officials of the Ghana Railway Development Authority over the compensation. They have found several means of getting their compensation paid but to no avail.
An Executive Instrument was passed in parliament and published in the Daily Graphic on December 8, 2022, after which victims were asked to put their documents together to claim their monies within six months.
According to Francis Eghan Brown, one of the victims, all valuations have been done, awaiting payment of their compensation after six months of the passage of the Executive Instrument.
He said “Right now, they are saying we should wait for the E.I to be passed. The E.I too has been passed since 8th December,2022 and ended around 8th June. Up till date as I am speaking, the police commander has made us served them a letter recently whereby we gave them a dead line which is last month on the 15th, we haven’t heard anything from them and because they don’t have any respect for us, and because all of them are living in government apartments they don’t respect us”.
President Nana Akufo-Addo speaking in parliament on the 2022 state of the Nation Address announced clearly that government has secured the needed funding to continue the Western Railway Development Project for an additional 78 kilometres from Manso to Huni Valley.
“Mr. Speaker, Government’s commitment to constructing a modern railway network in our country is gradually bearing fruit. The construction of the twenty-two kilometre section of the Western Railway Line, on a new standard gauge, from Kojokrom to Manso, which commenced in 2018, is on schedule to be completed before the end of this year. Ahead of its completion, Government has secured the needed funding to continue the Western Railway Development Project for an additional seventy-eight kilometres (78kms) from Manso to Huni Valley. The project will also include the conversion of the dual gauge tracks between Takoradi and Kojokrom from narrow gauge to standard gauge”, the said during the State of the Nation Address in parliament on March 30, 2022.
The side of the Ghana Railway Development Authority
In our regional correspondent’s quest to speak to the Ghana Railway Development Authority, he spoke to the Director of Policy and Planning, Al-Amin Is-Hak Al-Hassan who requested that he writes and sends all questions he needed answers to, so he could reply in writing.
A letter was written to that effect, after a month of waiting, the answers finally came. These are the questions and how they were answered.
1. When and how did the takeover of the lands and properties of affected people in Tarkwa start?
Answer: The takeover of lands and properties in Tarkwa for the Railway construction by the government of Ghana began with the compulsory acquisition of these lands in accordance with the Land Act, 2020 (Act 1036). The process of acquiring these lands included community engagements that commenced in late 2020.
Throughout this period, various methods of engagement were employed, including written communication and in-person meetings. The engagement teams comprised representatives from different stakeholders, including the Ghana Railway Development Authority (GRDA), the contractor (Amandi), consultants (Team Engineering), and the contractor's environmental consultants (Ramboll and SAL), as well as the Lands Commission.
These engagements also included community outreach and sensitization efforts to ensure that the project adhered to environmental and social sustainability principles and promoted equity.
2. How did you engage them and how many times?
Answer: We carried out in-person community engagements along all towns and communities affected by the rail project from Manso to Huni Valley. Advance notifications were sent to affected people via assemblymen who mobilised the people for the events. Tarkwa engagements took place many times, either in the town hall, satellite areas in the affected communities (Nsuta, New Atuoabo, New Ndadieso, Bogrekrom, Aboso, etc), and latterly, through leaders selected by the affected persons themselves.
For community entry, engagement teams first visited MMDAs along the route including Mpohor, Tarkwa Nsuaem and Prestea/Huni Valley Assemblies. The engagement teams were first led into communities by Assemblymen (who we still work together with) and local chiefs.
Affected members in each of the communities in Tarkwa later formed groups to enhance information dissemination, and since the publication of the Executive Instrument, meetings were held with those leaders at the offices of the TNMA to update them on progress. MCE has been instrumental in the discussions and helpful in steering the meetings. When E.I. 415 was published we met group leaders on more than 3 occasions to advise them on their rights and responsibilities under the E.I.
3. What was the response of the affected people after hearing that the project will affect their properties.
Answer: There were initial objections; however, since this was a compulsory acquisition by the state, there was general acceptance that the project needed to progress. Affected persons were informed not to progress any projects thereafter.
4. How long was it going to take for the project to commence and what has been the hindrance?
Answer: Contract was signed on 3rd June 2020. The contract is for forty-two (42) months from Commencement date. The project contractually commenced in November 2022.
5. Why has the compensation been delayed and when should they look forward to receiving it?
Answer: We recognise the length of time the process has taken, and the inconvenience caused to people. However, this is a compulsory acquisition and all legal and statutory processes as required by the Lands Act 2020 (Act 1036) need to be concluded before compensation monies could be paid out to affected people. The Ghana Railway Development Authority (GRDA); yet the Lands Commission is the lead and only valuation organisation in this compulsory acquisition on behalf of the state. The GRDA has, since September 2020, worked with the Lands Commission through its Land Valuation Division (LVD) and the Public and Vested Lands Management Division (PVLMD) to meet the legal requirements for the compulsory acquisition.
The processes involved are quite elaborate and cumbersome. For any compensation to be paid in this acquisition, an Executive Instrument (E.I.) needed to be published and E.I. 415 (States Land: Tarkwa) was published in December 2022. For this:
We engaged surveyors in 2020/21 who carried out extensive mapping (cadastral surveys) of the boundaries of parcels of land to be appropriated between Amantin and Huni Valley.
The LVD of the Lands Commission twice undertook an Interim Valuation of affected properties within the boundaries (farms, Structures/buildings and Land). This was to inform the acquiring organisation (GRDA) of an initial budget for compensation.
Based on the information, the PVLMD of the Lands Commission gazetted the Notice of Intention to Acquire in December 2021.
Upon conclusion of the cadastral maps and the Interim Valuation, the PVLMD in December 2022, published the E.I. 415 for the compulsory acquisition. The E.I. had a waiting period of six (6) months within which each affected person was required (by law) to submit a claim to his/her affected property.
More importantly, we asked claimants to exercise their rights to valuation consultants if they have no expertise of the process of submitting claims as required by the E.I. We informed them that the fees of the expert consultants would be borne by the GRDA (and not the claimants).
During this period (and for the 3rd time) the LVD carried out ground truthing/verification of actual properties affected. Upon the expiry of the 6 months period the LVD carried out a final valuation (a more accurate estimation) of affected properties. In all these cases, affected people were made aware of progress. The LVD has now informed the GRDA that the valuation is now complete and awaiting approval by the Valuation Technical Committee (VTC).
The VTC meets to vet the final estimates for each claim or claimant and, if content, approves the valuation – We are informed that the VTC meeting will take place on the 26th or 27th October 20233.
The LVD notifies the GRDA of the VTC decision, and as well sends letters to affected persons informing them of the value of their assessed claims. The GRDA then makes arrangements to pay.
As you would appreciate, this is a state acquisition, and it involves extensive and cumbersome processes that take time to conclude. We are aware that residents of Tarkwa have general expectations of speedy compensation payments as happens in acquisition by private mining companies. This is state acquisition involving multiple state agencies; and we ask that affected persons continue to bear with us as we speed up with the process. Any time spent in the process, though inconveniencing, is to ensure we reduce any disputes and enable easy payment of compensation.
6. What has accounted for the delay in the payment of compensation and when should they look forward to receiving it?
I>Answer: See point 5 above.
7. The GRDA asked the people to halt development on their lands and buildings. Their uncompleted houses are at a standstill. Their buildings are spoiling. Some of them don't have places to sleep because of the directive. What are you going to do to compensate them for the delay caused them in building their houses?
As indicated above the Lands Commission is the sole organisation responsible for valuation on behalf of the state. The LVD has carried out detailed assessments of property of the affected people. Our (GRDA) understanding is that compensation paid is holistic and covers all issues including for disturbance or deprivation of use.
Note: While the E.I. stipulates that all affected persons submit claims for payments (see E.I. 415 attached), some residents declined to do so. Residents in Brenu Akyem and Bogrekrom and other individuals engaged the services of expert consultants to value their properties and submitted their claims. Others in New Ndadieso and New Atuobo, declined to do so.
The GRDA acknowledge the efforts of the MCE for TNMA who has been very helpful in this process since inception and later, following the publication of the E.I. The GRDA continues to work with all state agencies including the National Intelligence Bureau (NIB) to ensure we progress the process and settle affected persons.
Conclusion
All efforts to get the outcome of the Valuation Technical Committee (VTC) meeting to vet the final estimates for each claim or claimant from Mr Al-Hassan has proved futile.
According to him, he was not part of that meeting and moreover he is on leave and was not in the position to give me the outcome of the meeting. All efforts to get other authorities involved to speak to the issue has proven futile.
Meanwhile the contractor (Amandi) has begun the railway construction from Aboso towards Huni valley where work is progressing steadily.
The Minister of Railways, John Peter Amewu, answering a question on the floor of parliament asked by the MP for Prestea Huni Valley, Robert Wisdom Cudjoe on when the land owners affected by the railway development will be paid their compensations said “Mr Speaker the contract for the project made provision for the payment of compensation. We recognize the length of time the process has taken and also the inconvenience caused to crops and land owners along that section of the route”.
“However, Mr Speaker this is a compulsory acquisition and all legal and statutory processes as required by the land Act 2020 (Act 1036) needs to be concluded before compensation payments will be made to the affected people. Mr Speaker, while the Railway Development Authority acquiring entity, the Land Commission is the only the government agency responsible for the valuation for compulsory acquisition purposes on behalf of the state”, he added.
The people affected in the construction of this rail line are appealing to authorities that matter to expedite actions on the payment of their compensations.
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