Microsoft Word - ERA Resttlement Policy, 2002
Microsoft Word - ERA Resttlement Policy, 2002
Microsoft Word - ERA Resttlement Policy, 2002
Resettlement/Rehabilitation
Policy Framework
February 2002
Contents Page
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7.2 Method of Valuation ___________________________________________________ 25
7.3 Basis of Valuation _____________________________________________________ 26
7.4 Compensation Procedures and Civil Works Schedule _______________________ 27
8. Sources of Funding _______________________________________________29
9. Consultation and Participation Processes _____________________________30
9.1 Data Collection Phase __________________________________________________ 30
9.2 Planning Phase________________________________________________________ 31
9.3 Implementation Phase__________________________________________________ 31
9.4 Monitoring and Evaluation Phase ________________________________________ 32
10. Monitoring and Evaluation Arrangements_____________________________33
10.1 Monitoring Principles __________________________________________________ 33
A N N E X E S _________________________________________________________35
Annex 1: Screening Guidelines _________________________________________________ 36
Annex2: Outline of a Resettlement Action Plan (RAP) _____________________________ 38
Annex 3 : Methods of Valuation - World Bank Guidelines __________________________ 42
Annex 4: World Bank Operational Directive (OD) 4.30_____________________________ 47
Annex 5: Organizations/Persons Consulted_______________________________________ 56
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List of Acronyms
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Preface
The environmental assessment (EA, 1997) of the RSDPSP concluded that project
implementation would have limited impact on involuntary resettlement. The EA
suggested that the number of persons to be subject to involuntary resettlement would be
less than 200 persons, in fact not more than 20 households of the size of 5
persons/household. A detailed resettlement action plan was therefore never required.
Consequently, the project was cleared by World Banks environmental division in the
Africa Region.
This document is the result of that process and was therefore not elaborated during
project preparation but under project implementation. The establishment of the document
has among others implied a process that has included: consultation with project affected
persons (PAPs); consultations with local governments; consultations with the Ethiopian
Environmental Protection Authority (EEPA); consultations with resident engineers and
the incorporation of road components from local master plans, into the subprojects design
processes.
Also, in conjunction with the World Bank concerns about project affected persons, the
Ethiopian Constitution has a provision stating that people affected by development
projects should be compensated and in the case of resettlement, their livelihoods should
be restored. This principle has been the guideline in mitigating adverse social impacts
induced by the operations of the Ethiopian Roads Authority (ERA). The two, World
Bank policy directives and the ERA practice in mitigating adverse social impacts,
constitute the basic framework of reference in establishing this document.
Tesfamichael Nahusenay
General Manager
Ethiopian Roads Authority
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1. Background
The overall purpose of the policy framework is to clarify the principles of social impact
mitigation in the process of addressing social impacts induced by project operations. The
framework is valid for all road projects executed by the ERA, under the framework of
RSDPSP including bilateral as well as multilateral road projects.
In its Economic Recovery Program from the early 1990s, the Government of the Federal
Democratic Republic of Ethiopia identified the development of the road sector as one of
its prime priorities. In January 1995 a first draft strategy of the Road Sector Development
Program Support Project (RSDPSP) was elaborated realising that the investment required
for the program was beyond what the national budget could support. Therefore, the
government sought assistance from the international donor community and in August
1995 the final draft of the RSDPSP document was distributed to more than 30 potential
donors in the intention of getting their attention and invite them to a donors meeting held
in January 1996 in Addis Ababa. The consultation resulted in comments suggesting
further development of the proposal.
As result, the RSDPSP was formulated to provide a sectoral approach to improving the
efficiency and effectiveness of the road transport sector by co-ordinating capital
investment in the road network with institutional, policy and financial reforms. The
program was officially launched in September 1997. The implementation of the RSDPSP
commenced in July 1997 and is divided into two phases: Phase I July 1997 to June 2002
and Phase II July 2002 to June 2007. The first phase of the project focuses on the
rehabilitation of 10 roads along the trunk road system of Ethiopia. This constitutes the
Road Rehabilitation Project (RRP). The current framework covers both phase I and phase
II of the RSDPSP.
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1.3 Adverse Social Impacts
The long-term objective of the RSDPSP is to enhance the living conditions of Ethiopian
citizens. In the short term, however, project operations will have adverse social impacts.
Those impacts will be mitigated in the project implementation phase, and if
circumstances allow, prior to implementation. Project operations presumed to induce
adverse social impacts are: pavement widening; construction of diversion roads (detours);
creation of borrow pits, construction of access roads, establishment of quarry sites and
construction of culverts.
Their impacts will be monitored. The detail designs of the subprojects was and will be
carried out taking into account ways to reducing adverse social impacts. Each subproject
has and will provide a right of way report after mobilization. Those reports will identify:
houses to be relocated, land to be requested and the number of persons to be affected by
subproject operations.
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2. Operational Procedures
Experience from the Ethiopian road sector work suggests that, the Ministry of Finance
and Economic Development (MoFED), the ERA, local governments; the EPA and the
Authority for Research and Conservation of Cultural Heritage (ARCCH) are the key
stakeholders. These four actors will be consulted in the course of the project cycle in
order to assure that adverse social and cultural impacts of the subprojects are addressed
properly. Also, the four actors will be encouraged to participate in the identification and
the mitigation of the adverse social and cultural impacts that might be identified in the
implementation of the sub-projects.
The ERA is the implementing agency of the RSDPSP and the RRP, which implies, the
implementing agency of all subprojects. Likewise, the ERA is the implementing agency
of the resettlement & rehabilitation operations. The implementation of the subprojects
and the mitigation of adverse social impacts, will therefore be subject to the ERA
operational procedures in conjunction with: the requirements of the Ethiopian
Environmental Protection Authority (EEPA); the World Bank policy requirements (on
World Bank funded roads) and the potential requirements of other donors, multilateral as
well as bilateral.
The operational procedures cover three phases of the project cycle. These are: project
identification; project conception/preparation; and project launching/implementation.
Basic principles regarding resettlement/rehabilitation will be executed in the project
preparation phase as that is the phase that defines most actions to be undertaken during
project implementation.
The Right - of- Way Branch (RoWB) and the Environmental Monitoring Branch (EMB)
are the two ERA units in charge of the identification and the mitigation of adverse social
and environmental impacts. The EMB is accountable for planning and monitoring while
the RoWB is accountable for the implementation of the expropriation/compensation
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operations. Also, the EMB addresses analytical issues such as ToRs, RAPs, EIA reviews,
and evaluations, while the RW is accountable for: registration of PAPs, establishment of
compensation committees, assessment and establishment of compensation rates and
payment of compensation.
The EMB and the RoWB will provide the general direction for the planning of the
expropriation/compensation tasks, ensure coordination in the mitigation of social impacts
among subprojects, monitor and document the implementation.
Where only a few people (e.g., less than 100-200 individuals) are to be relocated,
appropriate compensation for assets, logistical support for moving, and a relocation
grant may be the only requirements. However, the principles on which compensation
is to be based are the same as for larger groups.
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given particular attention as they are linked to land acquisition. Closely linked to land
acquisition is involuntary resettlement.
The loss of land often implies that those who lived on the land lost need to be relocated or
resettled. The first objective of the EIA in regard to involuntary resettlement is to
estimate the capacity of the receiving area(s) to sustain additional population under the
conditions introduced by the resettlement operations.
Should the SIA findings reveal that more than 200 persons will be affected by the road
construction in one or more of the subprojects, a detailed resettlement action plan (RAP)
will be prepared after appraisal and after detailed design of the road. The number of PAPs
is a useful tool in the planning process. Experience from the ERAs other projects,
however, shows that the final number of PAPs is confirmed after the detailed design
work. The alignment of the centerline of the road will be the most critical work that will
affect the size of PAPs. Any estimation of the number of PAPs before the design of the
centerline must be considered as rough. Subprojects would therefore benefit from
establishing the central-lines as soon as possible. That would not only advance and
enhance the reliability of a RAP but it would also help the PAPs to better prepare their
relocation.
To reduce adverse social impacts on houses in towns and in villages, the right- of- way
requirements will be reduced when necessary. Furthermore, the centerlines will be
designed to follow the existing alignments when possible in order to reduce impacts on
houses. Also, the new road design will take into account, the physical development plans
established by the towns along the roads. Master plans of urban areas will be taken into
account in the design phase and incorporated into the road designs as integrated
components of the subprojects.
One of the key activities to be conducted at this stage is a socioeconomic survey that
serves as a background for the RAP. A household survey will be conducted, describing
the extent of the social impacts, thus identifying villages and households affected by the
project as well as preliminary identification of resettlement sites. The boundaries of land
owned by the various groups affected should also be described. The household based
social survey will contain general household data like:
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The survey would estimate the extent to which the affected families will experience loss
of assets, including control over resources, as well as infrastructure and social services
available and disturbed. The survey should further describe local organizations and
institutions, traditional village councils, religious groups, etc., that could later participate
in planning and implementing the resettlement options. Expected changes in demography
and health impacts should also be addressed. At this stage, all PAPs will be listed in order
to avoid an influx of people trying to take advantage of the compensation and
rehabilitation. A cut off date will be proclaimed. That means, a date from which
eligibility for compensation will be terminated. New inhabitants coming to the project
affected areas will not be considered for compensation.
The ToR for the RAP will be drafted by the EMB and focus on the following:
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The final output of the ToR is a RAP. (Annex 2 shows the content of a RAP)
Likewise, prior to project launching, regional, zonal and local governments will be
consulted by the ERA, in line with established procedures. That is, the ERA will present
the project to the regional and the zonal administrations and they will present it to the
local governments. In addition, the ERAs right-of-way agent will consult with the
relevant local government officials to present the project prior to implementation.
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3. Legal Framework for Expropriation and
Compensation
Resettlement and rehabilitation are recognized civic rights in the Ethiopian legislation.
Article 44 No.2 of the Constitution of the Federal Democratic Republic of Ethiopia has a
clause stating that:
All persons who have been displaced or whose livelihoods have been adversely
affected as a result of state programs have the right to commensurate monetary or
alternative means of compensation, including relocation with adequate state
assistance.
This is the basis for the compensation procedures established by the ERA has and
likewise, the legal framework for the present resettlement and rehabilitation policy
framework.
Furthermore, by signing the credit agreements for the RSDPSP (credit 3032) and the RRP
(credit 2438) with IDA, The Federal Democratic Republic of Ethiopia committed itself to
abide the involuntary resettlement policy of the World Bank and both parties do agree on
the fact that development projects should not be realized at the expense of the people
affected by the projects. Thus, the legal framework of the RSDPSP are the Ethiopian
constitution as transcended into the ERA procedures and the World Bank Operational
Directive (OD) 4.30 on involuntary resettlement and its operational policy as spelled out
in the resettlement and rehabilitation guidebook.
It is the objective of the ERA to avoid or reduce to a minimum, the detrimental effects of
road operations, on the livelihood of the people intended to be served by the roads.
However, if adverse social impacts induced by project operations are inevitable, the
ERAs strategy stresses that PAPs should be consulted and compensated for loss of their
properties.
To achieve the social mitigation goal, the ERA allocates and will allocate a yearly budget
for expropriations and compensations expected during project implementation. Ad hoc
expropriation/ compensation committees are and will be established by the right-of-way
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agents in the jurisdiction of the local governments which population has been identified
to be negatively affected by road operations. Subprojects may therefore have more than
one compensation committee. The committees are composed of experts from the ERA,
civil servants from the local governments (Bureau or Department of Agriculture, Bureau
or Department of Works and Urban Development, Police, etc.) PAPs and other relevant
stakeholders.
The compensation rate and amount is and will be calculated by the ERAs Legal Division
(right-of-way agent) in concert with the compensation committee. The payment is and
will be effected by the Finance Division of ERA in concert with the Contract
Administration Division. These operations are and will execute relocation or demolishing
of any property.
The World Bank operational directives (OD) 4.30 (paragraph 26) states:... Where the
specific resettlement needs of each subproject are not known in advance, the borrower
would need to agree to resettlement policies, planning principles, institutional
arrangements and design criteria that meet Bank policy and requirements as a condition
of the loan. An estimate should be provided of total population to be displaced and
overall resettlement costs, as well as an evaluation of proposed resettlement sites.
Subprojects in sector investment loans should be screened by the implementing agency to
ensure consistency with this directive, and approved individually by the Bank. (For more
details, see annex 4)
The commitment of the Federal Government of Ethiopia to comply with the requirements
of World Banks operational directives (OD) 4.30 has been demonstrated, not only in the
ongoing implementation of the RSDPSP but also in the implementation of other projects,
such as the Gilgel Gibe Resettlement Project undertaken by the Ethiopian Electric and
Power Corporation (EEPCo).
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4. Institutional Framework
The ERA is a federal Road Authority under the Ministry of Infrastructure. Development
and management of major highways and link roads is the responsibility of the ERA.
Regional or rural roads are developed and administered by the respective regional
government through the Rural Roads Authority (RRA). City councils and municipalities
manage the road network within their jurisdictions. The ERA provides technical
assistance to all of them, especially in the fields of contract administration and planning.
In the upcoming Phase II of the RSDP, the same assistance will continue to be provided.
The geographical organization of the ERA constitutes 10 districts. They are accountable
for the maintenance of the main road network. Regional roads management will be
implemented by the administrative leadership of the regional governments in concert
with their Rural Road Authorities (RRAs) as implementing bodies. As in the case of
federal road network development, actions will be taken to ensure conformity of design
standards with environmental and social protection requirements to reduce presumed
adverse environmental and social impacts. That work will be executed by the EMB. A
substantial component of the work will be capacity building in the aim to develop
regional and district capacity in road and environmental management, by ways of
strengthening social capital.
The capacity building operations will facilitate compliance with the decentralization
policy of the Federal Government, the ERA is being and will be decentralized on the
basis of commercialization principles to enhance effectiveness and efficiency in resource
utilization and decision making. As decentralization entails delegation of authority to
lower level management units, more decision making responsibilities have been accorded
to districts in regard to district road planning, administration of personnel, finance,
procurement and equipment management. This initiative will be strengthened by the
RSDPSP project operations.
The current Organizational Structure of the ERA is as shown on the next page.
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ETHIOPIAN ROADS AUTHORITY
ORGANIZATIONAL CHART
ERA BOARD
GENERAL MANAGER
Procurement Own Force Own Force Equipment & Civil Contract Design, Research Planning & Finance Human Resource Personnel
Services Construction Maintenance Supplies Administration & Network Programming Division Development Administration
Division District (10) Division Division Management Division Division Division
Division
The RSDPSP will cover all regions of Ethiopia. Consequently, it will affect the various
social and cultural landscapes of the country. Social assessments will be conducted in
subprojects that have been screened to have major social impacts in terms of
compensation and relocation of people.
The people living, for example, in the IDA financed project areas are mainly engaged
principally in agricultural activities especially in the northern and north western parts of
the country. The people in the eastern part of the country are either farmers or
businessmen engaged in the trading of chat and other inter-border trades. On the other
hand, people in the Northeastern part lead a nomadic life. In all cases there are people
whose livelihood is based on activities such as trade (small shops) and selling local
drinks.
Based on the above situation, the major right-of-way issues may include farmland
acquisition and demolishing of few houses in towns along the project roads.
Despite the occurrence of minor detrimental social effects on people, the rehabilitation
and /or upgrading of the road projects might influence more creativeness and productivity
of the local people and improve the living standard of the community in both road project
influencing societies.
Most of the towns and villages in Ethiopia are found along roads manifesting that roads
greatly contribute to urbanization and overall development. Such villages and towns in
most of the cases are known to be unplanned. Although the establishment of towns and
villages are not planned, they have benefited much from their proximity to transport
access.
There are many towns and villages situated by IDA-financed roads in Ethiopia.
Especially, in the eastern parts of the country, there are many towns and villages located
within the right-of-way of roads due to the peculiar socio-economic condition of the
areas. In the northern parts of the country, the encroachment into the right-of-way is very
much less than the eastern part.
Villages and towns, in general, are focal points of business and residential areas of the
local people. They are the center of administration, economic, and cultural values serving
the rural population particularly the road influencing communities and project affected
people.
Considering the road project influencing communities and project affected people (PAP)
for example, the particular norm or culture they have may facilitate or adversely affect
the implementation of the road development. In general, there are slight variations in the
cultural values of people along the subprojects.
Regarding religion, different types of religion are found in different parts of the country;
Christianity and Islam being the major ones.
Early marriage system is exercised in the northwestern part as a result of which exist
many divorces.
The dominant languages in the north are Amharic and Tigrigna while Oromiffa
dominates in the east (where the subproject Awash-Harar is found). The Afars (north-
eastern part) speak their own language, Afarigna and there are different languages spoken
in the southern region. In addition, there are nationalities with different languages in the
Gambela and Benishangul-Gumuz regions and the Somalis in the eastern region speak
Somaligna. There are other minorities in the country who are not mentioned here.
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Once geological processes had operated in the interior of the earth and resulted in
forming various land forms, geomorphological processes took place and started to
sculpture the surface of the earth.
Because of the nature of land transport, roads traverse various landforms to connect two
places of interest and hence, one can observe different land use practices along them.
It is evident that about 85% of the population of Ethiopia lives in rural areas and engaged
in Agricultural activities as their mainstay. Due to this fact, except in lowland areas
where the weather is difficult and the land is unsuitable for agriculture, farming remains
the dominant land use along almost all subprojects. The other land use patterns include:
pastureland, settlement and wasteland.
In lowland areas however, land is kept for grazing since the inhabitants are nomads
whose life is based on cattle rearing. There are areas like National Parks, Game Reserves,
Control Hunting Areas, Protected Forests, Archaeological Sites, Religious Sites, etc in
different parts of the country.
In urban areas, land is mainly used for the construction of different types of buildings.
Economic activity involves the production of goods and / or services for sale or exchange
and production of certain products for own consumption and people in the project areas
are involved in economic activities that are suitable to the respective areas.
Economic activities undertaken in rural areas and urban centers are different. As
agriculture is the main stay of the majority of the Ethiopian population and people in the
rural areas are involved in this sector. Their activities mainly include farming and cattle
rearing which is termed as mixed farming. This activity is widely practiced on the middle
and highland areas. In the lowland areas, on the other hand, a cattle rearing by nomadic
tribes is the common occupation.
On the contrary, urban inhabitants are mainly engaged in the trade of various natures
while others are employed in private, governmental and non -governmental institutions.
In some cases, some urban dwellers also base their life on farming especially those who
live in small towns and at the outskirts of big towns.
In general, economic undertakings in the rural areas is mainly mixed farming including
growing of cereals, legumes, vegetables, etc, including other cash crops like coffee. In
urban areas, trade and employment are the dominant means of subsistence.
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5.6. Housing
Housing is one of the basic needs of human being. Housing condition is the direct
manifestation of the economic growth of the country since it is directly related to the
wealth of individuals. This difference is quite common even within an area, which
signifies the economic unbalance among the inhabitants.
Housing condition in Ethiopia is generally of low standard especially in the rural areas.
The construction materials they are made of vary from area to area depending on the
availability of materials, the climatic condition of the areas, etc.
There are significant differences between houses in rural and urban areas.
In rural areas where most of the people live without facilities such as water supply,
electric light, telephone, toilet and the like. Even the settlement pattern in rural areas does
not encourage the implementation of these facilities; i.e., houses are highly scattered and
constructed in a very traditional way.
The availability of construction materials, weather condition and the economic growth of
the area are among the factors that determine the housing condition of a given area. Thus,
houses are mostly made of wood & mud and grass is used as roof cover in most parts of
the country and in some places, corrugated metal sheet replace grass as roofing based on
the owners economic capability.
In the lowland areas where the major inhabitants are nomads, they construct tukuls from
locally available materials, which they can take with them whenever they change places
in search of water and fodder for their cattle.
In towns and small villages, however houses are made of wood and mud, bricks, blocks,
stone and covered with corrugated metal sheet. In small settlements and at the outskirts of
towns, houses with grass cover are also seen.
Regarding water supply, in rural areas, people normally get water from the nearby rivers,
springs, ponds and in some cases from wells. In urban areas, however, pipe water and
well (ground) water are the major water sources.
Although electric light is available in many towns, still much has to be done to electrify
the rural areas of the country. Toilet facility is also relatively better in towns than in rural
areas. Other amenities are also available in towns though differences among the
inhabitants within a town are wide.
In general, housing condition between the urban and rural areas is significantly different.
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6. Social Impacts of the Road Rehabilitation Program
Roads are constructed with the aim of connecting two places of interest traversing
various land forms. Along the project roads, depending on the economic level of the area
in particular and the country in general, various land use systems are encountered.
The dominant land use pattern along the roads are agriculture, industrial and residential
areas (urban and sub urban areas) , pasture / grazing , national parks, bare lands and
occasionally forest lands. Agriculture takes the largest share and this is the manifestation
of the fact that the sector is dominant in the countrys economic sphere.
Roads create or enhance accessibility and make virgin lands suitable for various land use
practices. In this case, many of the potential remote areas, where due to lack of roads are
not accessible and not developed, are opened up and developed for agriculture and other
activities that enhance the livelihood of the local inhabitants. Furthermore, roads also
enhance the performance of the existing land use pattern; because due to roads new and
improved technologies can be introduced and other agricultural inputs such as fertilizer,
select or improved seed, pesticides, herbicides and the like which improve or promote the
productivity can be supplied (It is at this stage understood that herbicides and pesticides
have their own detrimental effects on the environment).
Although roads have enormous advantages for the development of a given area, they
sometimes pave the way for erosion that makes the farmland unsuitable for agriculture.
This may result eventually in complete loss of fertility of the land or minimize its
productivity and eventually results in changes in the land use pattern.
Roads constructed across national parks may disturb the ecosystem to the extent that
some of the species in the area may become extinct. In general, roads, in both
construction as well as operation phases affect the system of the park by making the
wildlife migrate to other suitable areas for their life. In such cases, therefore, the land use
pattern will be changed from national park to, say, a pasture land.
In general, roads have both negative and positive impacts on the land use pattern.
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6.2 Impacts on Economic Activities
Roads have impacts on the economic activities undertaken by the local people residing
within the corridor. One of the principal objectives of road construction in a given area is
to promote the socio-economic development in the area. Roads also create new economic
sphere by inviting other activities, which were not in the area through attracting other
entrepreneurs because of the developed road in the area.
The major economic activity along is agriculture; that is, both crop production and animal
husbandry are existent in most of the areas. On the other hand, trade business is also
exercised substantially.
The advantage of having a road in an area helps the quick transportation of agricultural
sector inputs that improve yields such as fertilizer; pesticides, herbicides and improved
(select) seed easily find their way to the remote areas. Moreover, veterinary medicines
are easily supplied if the area is accessible. Farmers can also easily have access to
markets for their produces.
Roads can also create good opportunities for the traders to find new market areas where
they can buy and / or sell their goods. They can supply consumers with what they need on
time. People can easily reach health and education services, which have impact on the
economic activities of an area.
Roads sometimes alter the economic engagement of a community. That is, settlement by
the new road will develop changing farmers to, for example, merchants and thus the
agricultural activity may decrease to some extent.
As stated earlier, most of the houses in rural Ethiopia are made of wood and mud with
mostly thatched roofs. In the urban centers, most of the houses are made of wood and
mud but covered with corrugated iron sheets.
It is obvious that due to the upgrading of roads, the accessibility as well as the mobility of
the people in the area will increase and as a result the movement of industrial goods to
the rural areas will be enhanced. Therefore, rural dwellers that can afford will have access
to purchase building materials like corrugated iron sheets and blocks to construct their
houses in a better way.
On the other hand, if the road to be constructed will create resettlement of people within
the right-of-way, the people will benefit from the construction of the road in such a way
that their new houses will be of a better standard.
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6.4 HIV/AIDS
The problem of infectious diseases in Ethiopia is becoming critical due to the steady
emergence of the HIV/AIDS that has been spreading fast during the last two decades
(Health Policy, 1998). It is estimated that 9.3% of the Ethiopian population is infected
with HIV/AIDS and 250,000 have died of the disease in 1997 alone (UNAIDS, 1998). A
substantial health crisis may emerge in the country, unless an integrated effort to stop the
spread of the epidemic is enforced. Therefore, in the country of the cradle of humankind,
there is an imminent risk that life itself might be imperiled for present and future
generations.
Having understood the magnitude of the problem as well as the huge resource needed to
combat HIV/AIDS, the Ethiopian Government issued a policy, which calls for an
integrated effort of multi-sectoral response to control the epidemic. The Ethiopian
Governments HIV/AIDS policy urges communities at large, including government
ministries, local governments and the civil society to assume responsibility for carrying
out HIV/AIDS awareness and prevention campaigns. In line with this policy, the ERA
has taken the initiative to develop and implement an HIV/AIDS awareness and
prevention strategy for the road sector. The strategy will comprise three phases:
(a). An awareness and prevention campaign for the ERA headquarters staff (966 persons
732 males and 234 females) in Addis Ababa;
(b). An awareness and prevention campaign for the ERA districts staff and projects
(15,000 persons);
(c). The continuation and consolidation of awareness and prevention campaign for
domestic and international contractors.
The overall objective of the ERAs HIV/AIDS awareness and prevention strategy is to
contribute to reducing HIV/AIDS incidents in the transport sector. This will not only
contribute to strengthening national efforts to halt the epidemic but also support
international initiatives to stop the spread of the disease.
Operational Objectives
The operational objectives are:
To promote continuous sectoral, gender related information, education and
communication (IEC) messages about HIV/AIDS infections, protection, counseling
and care;
To support capacity building needs of the ERAs medical branch in addressing
HIV/AIDS;
To increase availability and accessibility of condoms;
To establish a sectoral policy that will safeguard human and civic rights and avoid
discrimination of the ERA staff who are infected by HIV/AIDS;
To contribute to the national efforts in establishing indicators that will ensure
effective monitoring and evaluation.
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In January 2001, the strategy was submitted to the national HIV/AIDS secretariat for
funding. Each subproject of the RSDPSP will be included as a subject of the HIV/AIDS
strategy.
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7. Valuation Procedures
With regard to land and structures, "replacement cost" is defined as follows: For
agricultural land, it is the pre-project or pre-displacement, whichever is higher, market
value of land of equal productive potential or use located in the vicinity of the affected
land, plus the cost of land preparation to levels similar to those of the affected land, plus
the cost of any registration and transfer taxes; for land in urban areas, it is the pre
displacement market value of land of equal size and use, with similar or improved public
infrastructure facilities and services and located in the vicinity of the affected land, plus
the cost of any registration and transfer taxes; for houses and other structures, it is the
market cost of the materials to build a replacement structure with an area and quality
similar to or better than those of the affected structure, or to repair a partially affected
structure, plus the cost of transporting building materials to the construction site, plus the
cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes.
In determining the replacement cost, depreciation of the asset and the value of salvage
materials are not taken into account, nor is the value of benefits to be derived from the
project deducted from the valuation of an affected asset. Where domestic law does not
meet the standard of compensation at full replacement cost, compensation under domestic
law is supplemented by additional measures so as to meet the replacement cost standard.
The ERA will employ two methods, which can be used to conduct valuation of properties
of resettlers. These are replacement cost and compensation. (see Annex 3)
Replacement cost
The replacement-cost approach is based on the premise that the costs of replacing
productive assets that have been damaged because of project activities or improper on-
site management can be measured. These costs are taken as a minimum estimate of the
value of measures that will reduce the damage or improve on-site management practices
and thereby prevent damage. The approach involves direct replacement of expropriated
assets and covers an amount that is sufficient for asset replacement, net depreciation,
moving expenses and other transaction costs. This minimum value is then compared to
the cost of the new measures. Within the road sector, this is arrived at by analyzing
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current construction costs relative to design, materials employed, workmanship and final
finish of the subject properties.
The basis of valuation is Gross Current Replacement Cost (GCRC). Gross Current
Replacement Cost is defined as the estimated cost of erecting a building as new having
the same gross external area as that existing with the site works and services on a similar
piece of land. The valuation process will also consider the use of compensation value
for affected properties.
Compensation Approach
The compensation approach is based on the willingness of owners of a resource to give
up their rights to that resource. In general, the issue of compensation will address four
questions: what to compensate for (e.g. land, structures, business, fixed improvements or
temporary impacts); how to compensate; when to compensate; and how much to
compensate.
Compensation for land structures, business, fixed improvements and other temporary
impacts are based on among other things market valuation, productivity valuation,
negotiated settlements, material and labor valuation, disposition of salvage materials and
other fees paid. It should be noted that lack of license or permit will not be a bar to
compensation. Because, even squatters have construction costs relative to design,
materials employed, workmanship and final finish.
Compensation for temporary impacts should include but not limited to the following:
Compensation equivalent to lost income required for the duration of impact
Compensation equivalent to lost income required for loss of access
Physical restoration of assets (or access) required prior to return
26
In addition, PAPs will be entitled to transitional assistance which include moving
expenses, temporary residence (if necessary), employment training and income support
while awaiting employment and should have an option for full compensation if duration
of impact is to exceed two years. In preparing the valuation average costs will have to be
assumed. It should be noted that costs of construction vary from one locality to the other.
Compensation will be paid by the ERAs right of way branch (RoWB) at replacement
cost. The ERAs practice is to establish expropriation and compensation committees for
each local government (Woreda) affected. The committees are constituted of
representatives of local governments, representatives of PAPs and the ERAs right of
way agent. Together they will conduct the registration of affected properties and the
number of PAPs per households. Likewise, they will establish the compensation rates,
taking into account, World Bank requirements. All compensations will be effected ahead
of the civil works.
27
crops and trees, the decisions taken are documented. Also, each individual PAP has the
right to refuse the rate proposed and take his case to the court if he finds the
compensation to be under market value.
Grievance Redress
Following the ERAs practice, compensation is only paid to the PAP after a written
consent of the PAP. Should a PAP refuse the compensation suggested by the ERA right-
of- way agent, litigation is settled by the local governments courts. Each individual PAP
has the right to refuse the compensation rate proposed and take his case to the court if he
finds the compensation to be under market value. This system has worked for the last two
decades and the ERA has experienced such an issue.
However, grievances are first preferred to be settled amicably whenever possible. That is,
positive discussions are made to convince the affected PAP in the presence of elders,
local administration representative or any influential person in the locality. If the PAP is
not convinced with what has been proposed, as stated above, he can take the case to the
court.
28
8. Sources of Funding
The budget required is approved by the Parliament and the disbursement is monitored by
the Ministry of Finance and Economic Development (MoFED).
Based on the above favorable situation, therefore, like any other interventions expected to
be undertaken within a fiscal year, the ERA has a yearly budget for resettlement/
rehabilitation. The cost is calculated on the basis of the estimates made in the SIA about
the number of PAPs presumed to be affected by the projects in the pipeline including the
quantity and types of properties of the PAPs. Upon establishing the cost estimates of the
roads operations, the budget including resettlement/rehabilitation is submitted to the
ERAs board for review.
Once the budget is approved and transferred to the ERA account, the implementation is
undertaken through a coordinated effort and involvement of the Finance, Contract
Administration, Legal and Right-of-Way and Planning & Programming Divisions of the
ERA. That is, the Legal and Right-of-Way Division usually do the estimation of
properties with the assistance of the Planning Division in the social aspects. The Finance
Division processes the estimated fund and finally the compensation is effected through
the Contract Administration Division.
29
9. Consultation and Participation Processes
The above actors will constitute the main task force in the data-collection phase. This
process will include consultations with PAPs, and other relevant stakeholders. The data
collected will serve as an instrument for the monitoring of the social mitigation measures
to be implemented.
30
9.2 Planning Phase
Planning and coordination of the tasks of the various actors is the key to a successful
implementation of the expropriation/compensation arrangements. To achieve that goal,
workshops will be organized with the above-mentioned stakeholders and other relevant
government agencies, at project launching and at the commencement of every subproject
identified to have adverse social impacts.
The above three stakeholders will be requested to participate in the decision making
process and provide inputs in the area of their expertise in order to establish a coherent
work plan. Also, PAPs will be consulted in the aim to obtain their positions on issues at
stake. The requirements of their work programs/businesses activities will be incorporated
into the expropriation/compensation plans.
The workshops will focus on: a) taking stock of the legal framework for compensation;
b) settle institutional arrangements and mechanisms for payment of compensation;
c) define tasks and responsibilities of each stakeholder and d) establish a work plan.
31
9.4 Monitoring and Evaluation Phase
The ERA will organize project completion workshops with government agencies, NGOs
and representatives of PAPs after completion of the expropriation/compensation
operations but prior to the closure of the mitigation measures. The aim of that exercise is
to assess progress in the operations executed, suggest corrective measures where needed
and solve pending issues.
The findings of the survey and the workshops will be presented in the Project Completion
Report, which will be established by the ERA.
32
10. Monitoring and Evaluation Arrangements
Actors: The Environmental Management Branch of the ERA (planning, coordination and
Monitoring)
Municipality and local administration (monitoring and evaluation)
PAPs and NGOs or private consultants as required (evaluation)
Monitoring and evaluation will be a continuous process. The ERA will continuously take
stock of all expropriation compensation reports and discuss it on regular basis.
Since resettlements are the by-products of road construction, the principal of the
resettlement/rehabilitation operations will be the ERA, in close co-ordination and co-
operation with local authorities. However, in the case of large-scale resettlement projects,
the ERA may conduct the monitoring through an NGO or the consultant who might have
established the Resettlement Action Plan (RAP).
The frequency of monitoring may vary, depending on the magnitude and complexity of
the operations. Field visits by the ERA will be effected at least once a month. The local
administration will conduct its own monitoring, but when possible, this will be done
together with the ERA.
For each subproject with adverse social impacts, a monitoring and an evaluation plan of
the mitigation measures will be established. The scope of the plan will, however, take
into account the size of the social impacts to be mitigated while respecting the basic
monitoring principles. The plans will describe:
33
Key indicators for external monitoring, focusing on outputs and impacts;
Frequency of reporting and content for external monitoring and process for
integrating feedback from external monitoring into implementation.
Analysis of the environmental and social performance or record of each sub-project
Internal Monitoring will be conducted by the EMB of the ERA, following the plan
described and the ERA Board should make the necessary follow-up to ensure that proper
monitoring is being undertaken. Likewise, the concerned local administration will also
conduct their own monitoring or in collaboration with the ERA.
Before closure of the mitigation of adverse social impacts, the ERA will consult a local
NGO to conduct an evaluation of the mitigation measures executed. The evaluation
report will be used as a planning instrument to correct pending issues and suggest a post-
project monitoring period in the aim to ensure that PAPs have not been subject to
impoverishment induced by the ERAs RSDP operations.
34
ANNEXES
35
Annex 1: Screening Guidelines
The Environmental Impact Assessment (including social) are processes embodying various
stages. Given that environmental studies require both time and financial resources as inputs
and that some projects may generate impacts that are of little consequence, it has become an
established practice to determine in advance whether or not, a particular project will generate
major environmental and social impacts and be subjected to an environmental and social
assessment study. The process of determining whether or not a project requires some
environmental analysis to be conducted before implementation is called screening.
Within the roads sector, some of the projects generate impacts of consequence as experience
elsewhere indicate. A series of studies (1995-1996) initiated by the Zambia National Roads
Board through the Road Maintenance Initiative, supported by the World Bank, have shown
that road rehabilitation and maintenance can generate environmental and social impacts such
as:
Screening
Screening determines whether or not a project proposal requires detailed environmental and
social impact assessment and, if so, at what level. Screening involves judging whether or not
the expected impacts of a proposal on the social environment are likely to be of significant.
While it is true that there are different approaches to screening, which could be categorized
into, judgmental and predetermined, the approach suggested here is a sequential one
involving several levels of consideration in determining the potential significance of impacts
from a proposed road rehabilitation/construction project.
37
Annex 2: Outline of a Resettlement Action Plan (RAP)
Minimizing resettlement
Describe efforts made for minimizing resettlement
Describe the result of these efforts
Identify all categories of impacts (loss of property and assets; loss of livelihood;
impacts on groups and communities)
Give formats and tables for census surveys
Provide outlines for socio-economic survey
Summarize process for consultations on the results of the census surveys
Describe need and mechanism to conduct updates, if necessary
Identify areas of conflict between local laws and World Bank policies, and
project-specific mechanisms to address conflicts
Provide a definition of project affected persons
Describe entitlement categories for each category of impact
Describe method of evaluation used for affected structures, land, trees and other
assets
Provide entitlement matrix
Resettlement Sites
Does the project need community relocation? Have these been approved by the
PAPs?
Give layouts and designs of residential sites
Have the PAPs agreed to the strategy for housing replacement? Have the selected
sites been explicitly approved by the PAPs describe the specific process of
showing the sites to the PAPs and obtaining their opinion on them.
Describe the technical and feasibility studies conducted to determine the
suitability of the proposed sites.
38
Is the land quality/area adequate for allocation to all of the PAPs eligible for
allocation of agricultural land ?
Give calculations relating to site requirements and availability.
Describe mechanisms for (i) procuring, (ii) developing and (iii) allotting
resettlement sites
Provide detailed description of the arrangements for site development for
agriculture, including funding of development costs.
Institutional Arrangements
Identify and discuss the institutions responsible for delivery of each item/activity
in the entitlement policy
Describe the project resettlement unit functions and organizational structure of
the unit and coordination relationship
State how coordination issues will be addressed in cases where resettlement is
spread over a number of jurisdictions.
Identify who will coordinate all agencies-with the necessary mandate
State when the project resettlement unit will be staffed.
Describe plans for training and development of staff in the resettlement t
unit/local agencies.
Discuss initiatives taken to improve the long term capacity or resettlement
institutions
Income Restoration
Briefly spell out the main restoration strategies for each category of impacts, and
describe the institutional, financial and technical aspects.
Describe the process of consultation with project affected persons (PAPs) to
finalize strategies for income restoration
How do these strategies vary with the area/locality of impact?
Are the compensation entitlements sufficient to restore income streams for each
category of impact? What additional economic rehabilitation measures are
necessary?
Does income restoration require change in livelihoods, development of alternative
farmlands, etc., or involve some other activities, which require a substantial
amount of time for preparation and implementation?
How does the action plan propose to address impoverishment risks?
Are choices and options built into the entitlements? If so, what is the mechanism
for risk and benefit analysis of each option? What is the process of ensuring that
PAPs have knowledge about alternatives and can make informed decisions? Is
there a mechanism to encourage vulnerable groups among PAPs to choose lower
risk options such as support in kind rather than cash?
What are the main institutional and other risks for the smooth implementation of
the resettlement programs?
39
Implementation Schedule
Grievance Redress
40
Monitoring and evaluation
41
Annex 3: Methods of Valuation - World Bank Guidelines
The text bellow is from the World Bank Resettlement & Rehabilitation Guidebook, found on
the web at: http://essd.worldbank.org/sdv/guidebook/generic/gindex.htm
Replacement costs is the method of valuation of assets which helps determine the amount
sufficient to replace lost assets and cover transaction costs. In applying this method of
valuation, depreciation of structures and assets should not be taken into account. For losses
that cannot easily be valued or compensated for in monetary terms (e.g. access to public
services, customers and suppliers; or to fishing, grazing or forest areas), attempts are made to
establish access to equivalent and culturally acceptable resources and earning opportunities.
Replacement cost is the market cost of the materials to build a replacement structure, plus the
cost of transporting building materials to the construction site, plus the cost of any labor and
contractors' fees, plus the cost of any registration and transfer taxes. ( the cost of the land
upon which the house or structure sits is considered in Replacement cost for land).
42
Determining replacement cost in countries lacking land markets
Precedents in Practice
In India, land committees have been established for several projects to identify or purchase
replacement land from willing sellers. In the Orissa Water Resources Consolidation Project
(Cr.2801) legal compensation was to be supplemented by "rehabilitation assistance grants"
sufficient to purchase replacement land or other productive assets. The projects also
promised reimbursement for, or exemption from, all transfer fees or taxes.
In Bangladesh, the Jamuna Bridge Multipurpose Project (Cr.2569) replaced provision of
administratively set compensation and an automatic 50% solatium with land purchase
committees guaranteeing supplemental compensation sufficient to purchase replacement
lands from a willing seller identified by the PAP. As long as the replacement land was within
maximum allowable cost ceilings, the PAP could choose between more land of lesser quality,
or less land of higher quality.
Determining replacement cost in countries with "mixed" land markets and property
systems: In some Borrower Countries (notably Indonesia and the Philippines), or in
particular regions within Borrower Countries, formal property titling remains incomplete,
leaving a complex melange of competing legal and customary claims upon land (see also
Customary Claims and Common Property). In Indonesia, for example, untitled land
continues to exist even in downtown Jakarta, with titled land valued 10-60% higher. In
areas lacking coherent and integrated property systems, resource valuations may differ
substantially and some property claims are likely to go unrecognized. Hence, establishing
replacement cost requires much greater attention to the type of title and usage rights held
by affected persons. And projects acquiring land in such areas should encourage vigorous
information disclosure, negotiation or arbitration procedures, and independent grievance
mechanisms.
43
Precedents in Practice
In the Philippines, resettlement plans for the Leyte-Luzon Geothermal Project
(Ln.3746) called for negotiated settlements on land acquisition between PAPs and
the National Power Corporation. In the event agreement could not be reached,
compensation disputes would be addressed by an Independent Appraisal
Committee, consisting of a real estate expert and representatives from the local
land bank and the Philippines National Bank.
Also in the Philippines, PAPs in the Transmission Grid Reinforcement Project
(Ln.3996) could choose between compensation as evaluated by an independent
appraiser or replacement land provided by the project.
In Indonesia, resettlement plans for the pending Second Sulawesi Urban
Development Project would give PAPs with insecure tenure (and those now in
rental housing) tenurial rights in developed houseplots that cannot be sold for at
least 10 years.
Precedents in Practice
In China, compensation for expropriated rural land is calculated as a multiplier
(usually 3-6) of the average annual value of agricultural production over the
preceding three years. Some project plans, gradually increase the multiplier to
favor smaller average landholdings in affected villages. An additional
resettlement "subsidy" (allowance) for the people who need to be economically
rehabilitated is also paid (and also is calculated as a multiplier). Where PAPs are
relocated from one local jurisdictional unit to another, compensation and
rehabilitation packages can be split among both. In some projects, the original
unit of residence is compensated for loss of land while the unit of relocation
receives rehabilitation assistance for providing alternative lands, jobs, or
commercial opportunities. In the Xiaolangdi Resettlement Project (Cr.2605),
however, all compensation and rehabilitation assistance goes to the local unit in
the area of relocation; if collectives lose both land and PAPs they receive no
compensation. National law limits combined compensation for land and economic
rehabilitation to no more than 20 times the average annual productive value of the
acquired land.
44
In Vietnam, an emerging market permits land use rights to be bought and sold at
highly fluctuating prices. Compensation rates payable in cash to project affected
households were introduced by national decree (87-CP) in 1994, which sets
minimum and maximum prices for various categories of land. The prices
established in this decree are set administratively and may not represent
replacement cost. Bank experience in Vietnam so far has mainly focused on the
land-for-land option for people losing more than 20% of their total holding, and
cash compensation for people losing less than 20%. New laws also allow for
outright ownership (and alienation) of houseplots up to 200 square meters in size.
The Irrigation Rehabilitation Project (Cr.2711) provides 60% of replacement cost
for non-owned homesteads (plus full compensation for the house or other
structures) to be used for purchase of privately owned homesteads. In all
instances, compensation is to be sufficient to purchase a 200-square-meter parcel.
The conversion from use rights to outright, alienable ownership is considered as
contributing to replacement cost.
For public infrastructure: in-kind replacement under force account within an agreed time
schedule, or full compensation to the agency replacing the service is required.
45
For cash crops: Arrangements should be made to allow for harvest or market value
should be paid for lost cash crops. In some countries average annual market value of
crops for the previous 3 years is deemed appropriate as crop compensation.
Compensation for subsistence crops can be in-kind, or can be an amount of cash
sufficient to purchase equivalent supplies.
For trees: Where markets do not provide sufficient information about the value of fruit or
timber, compensation for fruit-bearing and non-fruit-bearing trees should be at net
present value calculated for the productive life. In the case of immature trees, a less
costly alternative may be to directly replace seedlings.
Other assets: Tubewells, graves, fishponds, poultry houses, fences, and other tangible assets
should be replaced in kind (or with functional equivalents), relocated, or be compensated at
replacement cost.
46
Annex 4: World Bank Operational Directive (OD) 4.30
This directive was prepared for the guidance of staff of the World Bank and is not
necessarily a complete treatment of the subjects covered.
OD 4.30-----June 1990
Involuntary Resettlement
Introduction
1. This directive describes Bank1 policy and procedures on involuntary resettlement, as well
as the conditions that borrowers are expected to meet in operations involving involuntary
resettlement.2 Planning and financing resettlement components or free-standing projects are
an integral part of preparation for projects that cause involuntary displacement. Any
operation that involves land acquisition or is screened as a Category A or B project for
environmental assessment purposes3 should be reviewed for potential resettlement
requirements early in the project cycle (para. 20).
2. Development projects that displace people involuntarily4 generally give rise to severe
economic, social, and environmental problems: production systems are dismantled;
productive assets and income sources are lost; people are relocated to environments where
their productive skills may be less applicable and the competition for resources greater;
community structures and social networks are weakened; kin groups are dispersed; and
cultural identity, traditional authority, and the potential for mutual help are diminished.
Involuntary resettlement may cause severe long-term hardship, impoverishment, and
environmental damage unless appropriate measures are carefully planned and carried out.5
Policy Objectives
3. The objective of the Bank's resettlement policy is to ensure that the population displaced
by a project receives benefits from it. Involuntary resettlement is an integral part of project
design and should be dealt with from the earliest stages of project preparation (para. 28),
taking into account the following policy considerations:
(a) Involuntary resettlement should be avoided or minimized where feasible,
exploring all viable alternative project designs. For example, realignment of roads or
reductions in dam height may significantly reduce resettlement needs.
(b) Where displacement is unavoidable, resettlement plans should be developed. All
involuntary resettlement should be conceived and executed as development programs,
with resettlers provided sufficient investment resources and opportunities to share in
project benefits. Displaced persons should be (i) compensated for their losses at full
replacement cost prior to the actual move; (ii) assisted with the move and supported
during the transition period in the resettlement site; and (iii) assisted in their efforts to
improve their former living standards, income earning capacity, and production
levels, or at least to restore them. Particular attention should be paid to the needs of
47
the poorest groups to be resettled.
(c) Community participation in planning and implementing resettlement should be
encouraged. Appropriate patterns of social organization should be established, and
existing social and cultural institutions of resettlers and their hosts6 should be
supported and used to the greatest extent possible.
(d) Resettlers should be integrated socially and economically into host communities
so that adverse impacts on host communities are minimized. The best way of
achieving this integration is for resettlement to be planned in areas benefiting from
the project and through consultation with the future hosts.
(e) Land, housing, infrastructure, and other compensation should be provided to the
adversely affected population, indigenous groups,7 ethnic minorities, and pastoralists
who may have usufruct or customary rights to the land or other resources taken for
the project. The absence of legal title to land by such groups should not be a bar to
compensation.
Resettlement Planning
4. Where large-scale8 population displacement is unavoidable, a detailed resettlement
plan, timetable, and budget are required. Resettlement plans should be built around a
development strategy and package aimed at improving or at least restoring the economic
base for those relocated. Experience indicates that cash compensation alone is normally
inadequate. Voluntary settlement may form part of a resettlement plan, provided
measures to address the special circumstances of involuntary resettlers are included.
Preference should be given to land-based resettlement strategies for people dislocated
from agricultural settings. If suitable land is unavailable, nonland-based strategies built
around opportunities for employment or self-employment may be used.
Plan Content
5. The content and level of detail of resettlement plans, which will vary with
circumstances, especially the magnitude of resettlement, should normally include a
statement of objectives and policies, an executive summary, and provision for the
following:
(a) organizational responsibilities (para. 6);
(b) community participation and integration with host populations (paras. 7-10);
(c) socioeconomic survey (para. 11);
(d) legal framework (para. 12);
(e) alternative sites and selection (para. 13);
(f) valuation of and compensation for lost assets (paras. 14-16);
(g) land tenure, acquisition, and transfer (para. 17);
(h) access to training, employment, and credit (para. 18);
(i) shelter, infrastructure, and social services (para. 19);
(j) environmental protection and management (para. 20); and
(k) implementation schedule, monitoring, and evaluation (paras. 21-22).
Cost estimates should be prepared for these activities, and they should be budgeted and
scheduled in coordination with the physical works of the main investment project.
48
Organizational Responsibilities
6. The responsibility for resettlement rests with the borrower. The organizational
framework for managing resettlement must be developed during preparation and
adequate resources provided to the responsible institutions. The organization responsible
for resettlement should be strengthened when entities executing infrastructure or other
sector- specific projects lack the experience and outlook needed to design and implement
resettlement. One alternative is to create a special resettlement unit within the project
entity: this can facilitate the involvement of other line agencies. Another alternative is to
entrust resettlement to the regional or town administration that knows the population and
area, can mobilize local expertise, speaks the resettlers' language, and will ultimately be
responsible for the integration of resettlers into the host population and area. There also
may be considerable scope for involving nongovernmental organizations (NGOs) in
planning, implementing, and monitoring resettlement.9
8. The involvement of involuntary resettlers and hosts in planning prior to the move is
critical. Initial resistance to the idea of involuntary resettlement is to be expected. To
obtain cooperation, participation, and feedback, the affected hosts and resettlers need to
be systematically informed and consulted during preparation of the resettlement plan
about their options and rights. They should also be able to choose from a number of
acceptable resettlement alternatives. These steps can be taken directly or through formal
and informal leaders and representatives. Experience has shown that local NGOs can
often provide valuable assistance and ensure viable community participation. Moreover,
institutionalized arrangements, such as regular meetings between project officials and
communities, should be provided for resettlers and hosts to communicate their concerns
about the resettlement program to project staff throughout planning and
implementation.11 Particular attention must be given to ensure that vulnerable groups
such as indigenous people, ethnic minorities, the landless, and women are represented
adequately in such arrangements.
9. The plan should address and mitigate resettlement's impact on host populations. Host
communities and local governments should be informed and consulted. Any payment due
the hosts for land or other assets provided to resettlers should be promptly rendered.
Conflicts between hosts and resettlers may develop as increased demands are placed on
land, water, forests, services, etc., or if the resettlers are provided services and housing
superior to that of the hosts. Conditions and services in host communities should
improve, or at least not deteriorate. Providing improved education, water, health, and
production services to both groups fosters a better social climate for their integration. In
the long run, the extra investment will help prevent conflicts and secure the project's
49
aims.
10. Successful resettlement requires a timely transfer of responsibility from settlement
agencies to the settlers themselves. Otherwise, a dependency relationship may arise, and
agency resources may become tied up in a limited number of continually supervised
schemes. Local leadership must be encouraged to assume responsibility for
environmental management and infrastructure maintenance.
Socioeconomic Survey
11. Resettlement plans should be based on recent information about the scale and impact
of resettlement on the displaced population. In addition to describing standard household
characteristics, socioeconomic surveys should describe (a) the magnitude of
displacement; (b) information on the full resource base of the affected population,
including income derived from informal sector and nonfarm activities, and from common
property; (c) the extent to which groups will experience total or partial loss of assets; (d)
public infrastructure and social services that will be affected; (e) formal and informal
institutions (such as community organizations, ritual groups, etc.) that can assist with
designing and implementing the resettlement programs; and (f) attitudes on resettlement
options. Socioeconomic surveys, recording the names of affected families, should be
conducted as early as possible to prevent inflows of population ineligible for
compensation.
Legal Framework
12. A clear understanding of the legal issues involved in resettlement is needed to design
a feasible resettlement plan. An analysis should be made to determine the nature of the
legal framework for the resettlement envisaged, including (a) the scope of the power of
eminent domain, the nature of compensation associated with it, both in terms of the
valuation methodology and the timing of payment; (b) the legal and administrative
procedures applicable, including the appeals process and the normal time-frame for such
procedures; (c) land titling and registration procedures; and (d) laws and regulations
relating to the agencies responsible for implementing resettlement and those related to
land compensation, consolidation, land use, environment, water use, and social welfare.
50
leveling, and terracing; (b) draw up timetables and budgets for site preparation and
transfer; (c) make legal arrangements for transferring titles to resettlers; and (d) consider,
when necessary, a temporary freeze on land transactions within the relocation area to
prevent land speculation. Though the Bank does not normally disburse against land
acquisition, it can finance land improvement to accommodate resettlers.
15. Some types of loss, such as access to (a) public services; (b) customers and suppliers;
and (c) fishing, grazing, or forest areas, cannot easily be evaluated or compensated for in
monetary terms. Attempts must therefore be made to establish access to equivalent and
culturally acceptable resources and earning opportunities.
16. Vulnerable groups at particular risk are indigenous people, the landless and
semilandless, and households headed by females who, though displaced, may not be
protected through national land compensation legislation. The resettlement plan must
include land allocation or culturally acceptable alternative income-earning strategies to
protect the livelihood of these people.
51
sufficient to accommodate all the displaced farmers. The resettlement plan should, where
feasible, exploit new economic activities made possible by the main investment requiring
the displacement. Vocational training, employment counseling, transportation to jobs,
employment in the main investment project or in resettlement activities, establishment of
industries, incentives for firms to locate in the area, credit and extension for small
businesses or reservoir aquaculture, and preference in public sector employment should
all be considered where appropriate.
52
and hosts would be achieved.
24. The task manager (TM) should inform the borrower of the Bank's resettlement policy.
Starting early in the project cycle, the TM with the support of Bank operational, research,
and legal staff should assess government policies, experiences, institutions, and the legal
framework covering resettlement. In particular, the TM needs to ensure that involuntary
resettlement is avoided or minimized, that laws and regulations concerning displaced
people provide compensation sufficient to replace all lost assets, and that displaced
persons are assisted to improve, or at least restore, their former living standards, income
earning capacity, and production levels.
25. The adequacy of the resettlement plan should be reviewed by appropriate social,
technical, and legal experts. Resettlement specialists should visit the possible resettlement
sites and review their suitability. In the case of large-scale relocation, such experts should
be included in independent technical or environmental review boards.16
26. Bank financing of resettlement can be provided as follows: (a) As a component of the
main investment project causing displacement and requiring resettlement. (b) If large
enough, as a free-standing resettlement project with appropriate cross-conditionalities,
processed and implemented in parallel with the investment project that causes the
displacement. The latter approach may better focus country and Bank attention on the
effective resolution of resettlement issues. (c) As a sector investment loan.17 Where the
specific resettlement needs of each subproject are not known in advance, the borrower
would need to agree to resettlement policies, planning principles, institutional
arrangements, and design criteria that meet Bank policy and requirements as a condition
of the loan. An estimate should be provided of total population to be displaced and
overall resettlement costs, as well as an evaluation of proposed resettlement sites.
53
Subprojects in sector investment loans should be screened by the implementing agency to
ensure consistency with this directive, and approved individually by the Bank. For
countries with a series of operations requiring resettlement, efforts to improve the policy,
institutional, and legal framework for resettlement should form part of the Bank's
ongoing country and sector dialogue with the government. These efforts should be
appropriately reflected in economic and sector work and in country strategy papers and
briefs.
Identification
28. The possibility of involuntary resettlement should be determined as early as possible
and described in all project documents. The TM should (a) briefly summarize in the
Initial Executive Project Summary (Initial EPS)18 the magnitude, strategy, and timing of
the resettlement; (b) inform borrowers of the Bank's resettlement policy; (c) review past
borrower experience with similar operations; (d) invite agencies responsible for
resettlement to discuss their policies, plans, and institutional, consultative, and legal
arrangements for resettlement; and (e) where appropriate, ensure that technical assistance
is provided early to borrowers. Such assistance should include the use of Project
Preparation Facility (PPF) resources19 for planning resettlement and building
institutional capacity.
Preparation
29. During project preparation, the feasibility of resettlement must be established, a
strategy agreed upon, the resettlement plan drafted, and budget estimates prepared.20 The
full costs of resettlement should be identified and included in the total cost of the main
investment project, regardless of financing source. The costs of resettlement should also
be treated as a charge against the economic benefits of the investment project that causes
the relocation. Any net benefits to resettlers (as compared to the "without project"
circumstances) should be added to the benefit stream of the main investment. While the
resettlement component or free-standing project need not be economically viable on its
own, it should be the least- cost approach consistent with the policies laid out above.
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activities; (e) the feasibility of the implementation arrangements; and (f) the extent of
involvement of beneficiaries. At negotiations, the borrower and the Bank should agree on
the resettlement plan. The resettlement plan and the borrower's obligation to carry it out
should be reflected in the legal documents. Other necessary resettlement-related actions
must be covenanted. The Staff Appraisal Report and the Memorandum and
Recommendation of the President should summarize the plan and state that it meets Bank
policy requirements.
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Annex 5: Organizations/Persons Consulted
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