MODULE 18

LAND ACQUISITION, INVOLUNTARY

RESETTLEMENT AND ECONOMIC DISPLACEMENT
Presented by
Monkey Forest Consulting
OBJECTIVES AND OUTLINE

To give a more in-depth understanding through an interactive

discussion and review of best practice and challenging issues
associated with the following topics:
•  Minimizing resettlement
•  Resettlement principles and consultation, disclosure & participation
•  Economic resettlement
•  Physical resettlement
•  Government-led resettlement
•  Planning and implementing resettlement
THIS MODULE BUILDS ON: MODULE 10 INTRO TO PR

v Involuntary resettlement
v Economic & Physical
v Legal title, customary,
traditional and informal
occupation & use.
RESETTLEMENTS CHALLENGES

“… most development-caused forced displacement & resettlement

leave a disgracing stain on development.. conflicting with its
poverty reduction rationale, objective & ethic.”

Cernea 1998.
AVOIDING AND MINIMIZING RESETTLEMENT

Resettlement site design for a project

in Eastern Europe
EBRD PR 5 OBJECTIVES

•  Avoid resettlement, & when not possible, minimise through alternative project design.
•  Mitigate adverse social and economic impacts
•  Restore or improve livelihoods & standard of living
AVOIDING RESETTLEMENT – FULL ASSESSMENT OF
ALTERNATIVES
Road   Technical   Environment   Social     Economic  
Route  
Site  1   Meets  technical   Biodiversity   200  Roma   Road  cost  
specifica0ons issue  –   squa@ers  +   €2.7  Bn  
endangered   20  houses.   RAP  €300M  
wild  goat   5000  small-­‐
present holder  
parcels
Site  2   Meets  technical   Biodiversity   50  houses  to   Road  cost    
specifica0ons issue  –   be  moved.   €2.8  Bn  
endangered   2000  parcels   RAP  €300M  
moth  present in  large    
farms.
Site  3   Significant   More  altered   150 houses all Road  cost  €3  
technical   habitat.  No   formal owners Bn  
challenges,  hence   endangered.   to be moved. RAP  €400M
extra  cost.  Also   Land  slide  risk 2500 parcels
addi0onal  risk.   in large farms
RESETTLEMENT PRINCIPLES AND COMPENSATION

Resettlement site design for a project

in Eastern Europe
MITIGATE ADVERSE SOCIAL AND ECONOMIC
IMPACTS BY:

•  Compensating lost assets

at replacement cost

•  Restore or where
possible improve
livelihoods & standard of
living

•  Assessing resettlement
impacts fully – temporary
assistance & relocation
allowances
CONSULTATION, PARTICIPATION AND GRIEVANCES

Relationship building, disclosure about project and about need to

resettle or economically displace households.

Broad negotiation & agreement on compensation framework:

Framework ideally based on community input and needs.

Documen0ng  
Consulta0on   Easy access to responsive grievance process
&  Disclosure  is  
key  and  oVen   Household negotiations  
missed  
Early  
Participation in decisions that affect households
implemented  
grievance  
processes   Ongoing consultation process
avoid  many  
later  issues  
ECONOMIC AND PHYSICAL RESETTLEMENT

Resettlement site design for a project

in Eastern Europe
RESTORE OR, WHERE POSSIBLE IMPROVE:

…the livelihoods and standards of

living of displaced persons to pre-
displacement levels.

…the living conditions among

physically displaced persons
through the provision of adequate
housing, including security of
tenure at resettlement sites.
REQUIREMENTS FOR RESETTLEMENT: ECONOMIC
& PHYSICAL

Processes
ü Consultation & participation in
decisions
ü Accessible grievance process
ü Detailed census of livelihood &
household assets
ü Determine entitlements
ü Resettlement to better housing /
pay replacement cost
ü Temporary assistance, moving
support & transitional support
ü Assistance to restore livelihood
OUTCOMES FOR PHYSICAL AND ECONOMIC
RESETTLEMENT

Outcomes sought Challenges:

Economic resettlement . ü Rural to urban resettlement
ü  Restore standard of living ü Moving further from employment
ü Lack of suitable land available
ü  Restore livelihood ü Resettling vulnerable populations
Physical resettlement (elderly, marginalized groups etc)
ü  Improved housing with secure tenure ü Housing available prior to moving
ü  Equivalent services / infrastructure
Opportunities:
ü  Better access to goods & services
ü  New town or neighbourhood
ü  Legal land tenure
ü  Improved housing
ü  Training and support to develop
new skills and access new jobs
ü  Land-for-land / in kind payments
 FORMAL, CUSTOMARY VS INFORMAL RIGHTS
Informal use or occupation
Formal & Customary (recognized rights)
(no recognized rights)
•  Compensation for land. •  No land compensation
•  Compensate loss of assets or access to •  Compensate loss of assets or access to
assets assets
•  Equal /better replacement housing & •  Adequate housing with security of
property /replacement cost tenure (no forced eviction)
•  Compensate prior to moving •  Compensate prior to moving
•  Compensation in kind required for •  Compensation in kind required for all
customary rights & subsistence. informal users / occupiers.
•  Relocation and transitional assistance as •  Relocation and transitional assistance as
establish activities in new place establish activities in new place
•  Targeted training, credit etc to restore •  Targeted training, credit etc to restore
income capacity income capacity
 BEST PRACTICE EXPERIENCE:
CENSUS ON ECONOMIC DEVELOPMENT
Sustainable Livelihoods Model can help understand livelihoods (not requirement):

•  People ensure their livelihood by leveraging five types of capital

•  People adjust their livelihood strategies on changes in institutional and contextual factors
WOMEN IN RESETTLEMENT

PR5 – Paras 19 and 20

•  Title for new property in name

of both spouses or single head
of household
•  Where women can’t hold
property take steps to ensure
security of tenure for women.
•  Seek alternative methods / Overall a gender-based assessment &
modalities of compensation targeted measures are needed
where women have limited
access to banking.
ENCROACHMENT

Occupation after cut-off date

Not entitled to compensation
CASE STUDY
•  Mining project needs land that •  What sorts of land rights are
previously belonged to a collective present here?
farm.
•  What sort of data would you
•  About 20 house holds engaged in
herding have temporary structures on need to collect?
the land and use it for pasture. They •  What sorts of compensation
have low social status. would be required here?
•  Land belongs to the state, but some •  For assets?
structures are owned.
•  For livelihoods?
•  The (previous) head of the collective
farm claims the land and says he will •  For transitional assistance?
distribute compensation among those
•  Is there a need for physical
entitled.
resettlement?
GOVERNMENT-MANAGED RESETTLEMENT

Resettlement site design for a project

in Eastern Europe
GOVERNMENT-LED RESETTLEMENT & ECONOMIC
DISPLACEMENT
Key issues:
Lenders  
• Government implementation to
national standards.
Company   Govern-­‐
ment   • EBRD requires conforming
implementation.

•  Gap analysis
Rese@le-­‐ •  Supplementary resettlement and
ment   livelihood restoration plans
•  Engagement with government on
resettlement.
GOVERNMENT MANAGED, URBAN RESETTLEMENT
CASE STUDY
Informal Roma communities are frequently
affected by urban regeneration projects of
various types.
A private urban regeneration project will
resettle 123 Roma households and 4
formally owned non-Roma properties. The
government will acquire all land.
•  What sort of resettlement entitlements exist?
•  What livelihood restoration strategies might
be used?
•  What would you advise the company in this
case?What do you think would be key
obstacles to PR 5 conformance in this case?
RESETTLEMENT PLANNING

Resettlement site design for a project

in Eastern Europe
CONSIDERATIONS WHEN PLANNING RESETTLEMENT

Ø  How long will we need

  Census studies
  Negotiations
  Building
  Moving
  Expropriations
  Encroachment
Ø  Specializations needed
–  What range of specializations
would you need?
Ø  Experience needed for larger
or complex RAPs
COMPONENTS OF A RAP

1.  Project description and maps, 8.  Resettlement baseline study

showing communities, houses, (methods, results, conclusions)
assets affected 9.  Entitlements table (draft, if not
2.  Discussion of alternatives to yet consulted)
resettlement 10.  Identification of vulnerable
groups and specific measures.
3.  Legal review of resettlement
11.  Proposed resettlement plan
requirements and overview of PR 5
(locations, actions, justification)
4.  Gap assessment, if Government 12.  Proposed livelihood restoration
managed resettlement plan (livelihood strategies,
5.  Consultation and disclosure plan actions, justification)
(including progress to date) 13.  Staffing / resourcing / Budget
6.  Grievance management plan 14.  Schedule / Gantt chart
7.  Identification of cut off date & 15.  Monitoring and Evaluation
communication plan 16.  Identification of risks and risk
mitigation measures.
 RAP/LRP NEEDS TO BE ACTIONABLE

Conceptual Resettlement Action Plan (RAP)

Produced as part of the ESIA
RAP
Implementation
Complete
 
RAP
Framework RAP

Conceptual
Framework RAP
RAP
(Builds on conceptual RAP) Based
on baselines, impact assessment &
initial consultations
TAKE AWAY MESSAGES

•  Managed through international standards, resettlement and economic

displacement:
–  Limit risks of impoverishment and long-term hardship for affected people
–  Are opportunities to improve housing, standard of living and livelihood for
affected households.
–  Are managed through a structured approach that manages key risks in the
process.

•  The most challenging resettlement situations involve informal and

marginalized groups for both economic and physical resettlement.
•  Government-managed resettlement involves additional complexities
due to gaps between local and international requirements that are
best managed early in project development.
1 800 491 0274
[email protected]
www.monkeyforestconsulting.com