Due to its geographical position, Georgia has gained the status of an important transport corridor connecting Europe and Asia; therefore, the development of the port infrastructure has become a national priority. For this purpose, the Investment Agreement was executed on October 3, 2016, between the Government of Georgia (the Government) and “Anaklia Development Consortium” LLC (the Investor) regarding building, operating, and transferring of the Anaklia Deep Water Black Sea Port (the Project). The total cost of the project is approx. $2.5B., from which around $586M. USD will be invested during the first phase. The Port shall be constructed in 9 phases and gradually reach the capacity of handling 100M tons of cargo annually.
Under the Investment Agreement, the Government had the obligation to procure title to the non-state lands and implement any resettlement required to the state lands in compliance with the Laws of Georgia, IFC Performance Standard 5 (PS5), or EBRD Performance Requirement 5 (PR5); Land Acquisition and Involuntary Resettlement provided these standards in conformity with the Laws of Georgia.
EBRD policy required conducting external monitoring in parallel with the implementation of a RAP and preparation of a compliance reports. Abovementioned was a condition in order to start the implementation of physical works for the project.
ACT’s role was to carry out an external monitoring of RAP implementation that entailed the following tasks:
· Review of RAP/Information pamphlet disclosure;
· Review of action taken by the PIU to compensate the APs with a particular attention, according to RAPs stipulations;
· Review all compensation tallies;
· Verify whether the compensation is provided thoroughly to all APs and in the amounts specified in the RAP and in the AP contracts;
· Asses the satisfaction of the APs with the information campaign and with the compensation/rehabilitation package offered to them;
· Review the legalization process and assess its effectiveness;
· Review complaint & grievance cases;
· Carry out an AP satisfaction survey with a 20% sample of the APs.
The external monitoring process entailed triangulated approach for monitoring of RAP preparation, implementation, and post-implementation activities. In order to assess whether the resettlement has been implemented as stipulated in RAP, desk review (secondary data analysis) and field surveys (face to face, in-depth interviews) were conducted.