Unsatisfactory Resident Relocation & Resettlement

CEC1033/2005 Condition (i) (i)

The following letter is on the public file at EMA. Readers of stopthesmelter@yahoogroups.com please read carefully and initiate or join action on this. NEC/Alutrint and EMA have not responded to the letter up till now except to acknowledge receipt of the letter.

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From:
Square Deal Development Committee
Square Deal Road Vessigny Village, La Brea
Tel: 329 2083

17th December 2008

To:
Wendy Seow
Head, Administration
National Energy Corporation
Cor. Rivulet and Factory Roads,
Brechin Castle,
Couva

Glen Goddard
Manager,
Technical Services,
Environmental Management Authority,
8 Elizabeth St.
St. Clair, POS

Dear Wendy Seow and Glen Goddard,

Re: Relocation of persons to make way for the Proposed Alutrint Aluminum Smelter Plant

I received today a confidential letter dated 16th December, 2008 titled, 'Relocation of persons within the Buffer Zone of the Proposed Alutrint Aluminum Smelter Plant' from ROW Services Limited who we understand have been retained by the NEC to manage the relocation of residents within the buffer zone of the proposed Alutrint aluminum smelter plant.

The letter indicates that I am eligible for NEC's Fast Track Program for immediate relocation to the proposed housing development at Pier Road. This letter goes on to advise that though issues surrounding compensation/ relocation and the terms and conditions of title to the said house are yet to be finalized, I and several others in the community are being offered 1 of the available houses at Pier Road for immediate occupation. The letter states that this offer is only valid for 5 days and the NEC reserves the right to rescind this offer for any reason. The letter also notes that all information regarding the terms and other matters contained in the letter shall be confidential and not in any manner be disclosed or divulged to any third party, firm, company, or organization.

This letter was handed out to a number of other residents in the area. We as a community are displeased in the manner in which a very limited time frame of 5 days was given to respond to the letter. We are in fact confused as to the criteria used for selecting recipients of this letter. It appears as if the NEC wants to bully us without understanding our concerns and issues. The request that the letter be kept confidential is also very worrisome as this has always been a very close knit community where issues affecting all of us are usually discussed openly.

Please be aware that all the residents in Square Deal agree that we want a fair compensation, relocation and resettlement package.

We the residents of Square Deal and environs are not at all happy with the way things are going with relocation. So far no negotiation process has taken place. We have not seen or been told about any plan or structure to the relocation process. A number of the outstanding concerns that we have are as follows:

• We are unaware of the location of the buffer zone boundary; therefore we do not know who falls within or outside of this area.
• We do not agree that relocation should take place unless a relocation plan is presented to the community which includes all of the terms and conditions given and negotiations are carried out
• We feel that information provided by Ms. Josien Richards, Community Liaison Officer of Alutrint has been inconsistent and never provided in writing
• There has been conflicting information about valuators; Alutrint had indicated that only one valuator will be recognized while ROW Services Ltd. has indicated that there is a list of recognized valuators from which residents could choose, and that the cost of these valuations would be covered by the NEC.
• It is our understanding that the people that have already been relocated did so without any written legal entitlement to the property that they were moved into. We believe that this situation should be rectified and that any further relocation should be accompanied by legal entitlement.
• We were also told that we do not have any say in the terms and conditions in the relocation and that if we did not agree to move we would be faced with the action of our houses being bulldozed and the occupants left to accept what was being offered- this action was referred to as 'compulsory acquisition'.
• Also, none of the meetings between Alutrint and Square Deal have ever been documented such as those meetings we had on Monday 10th November; Sunday 22nd November and Wednesday 26th November. This lack of documentation adds to the problem of conflicting information.
• It seems that Alutrint has entered into certain agreements about resettlement conditions with the Housing Development Corporation about which we have no knowledge. We are requesting this information in a detailed document.
• Alutrint has indicated that the only thing of value is the structure on the lot however we feel that there are other values that must also be taken into consideration. Such as mature trees, discomfort compensation for the last 5 or 6 years during which we were told not to carry out any upgrades due to imminent relocation as well as the lost social value of a close community.
• We were also told that in our new location we would not be allowed to carry out any cottage industries, keep any animals, carry out any physical upgrades to the structure, maintain a kitchen garden or fence the property until after a mortgage had been paid for. A 7-10 year time frame had been mentioned. We are in disagreement with this and would like to discuss this matter.
• We are confused as to who is responsible for relocation. The above mentioned letter was sent by NEC however we understand that a transfer of title for the CEC was transferred from NEC to Alutrint. Can this be clarified?

Our committee has reviewed the terms and conditions of the Certificate of Environmental Clearance issued to NEC by the Environmental Management Authority and note that NEC is required to 'pursue resident relocation and resettlement utilizing best industry practices such as the World Bank Operational Policy on Involuntary Resettlement.' We are also aware that the CEC requires that 'all final negotiations for the acquisition of all properties and compensation shall be completed before the commencement of all works'.

Our committee has investigated the World Bank policy and we note that resettlements should be achieved by providing fair and appropriate compensation and other incentives or benefits to affected communities. Secondly, we understand that resettlement activities should be implemented with appropriate disclosure of information, consultation, and the informed participation of those affected. Thirdly, that following disclosure of all relevant information, Alutrint will consult with and facilitate the informed participation of affected person and communities in decision making process related to resettlement. Finally, that a grievance mechanism would be set up to receive and address specific concerns about compensation and relocation that are raised by displaced persons, including a recourse mechanism designed to resolve disputes in an impartial manner.

In light of the above we would like to request that NEC convene a meeting as a matter of urgency before the validity of the 16th December 2008 letter expires, that is within 5 days with all residents to make clear all NEC's plans for relocation and to allow residents to table their issues and concerns and to commence a true dialogue and negotiation process consistent with the conditions of NEC's Certificate of Environmental Clearance. If this meeting is not possible we are asking then that NEC extend the validity period of the letters until the meeting can be convened.

We would like the Environmental Management Authority to be present at this most important meeting so that the relocation process can proceed in a just manner.

Sincerely,

___________
Frederick Cornwall,
President,
Square Deal Development Committee

Cc: Alutrint, Mulchan Sulchan Road, Chaguanas
Residents of Square Deal and environs