Global Best Practices
Global Best Practices
The world Bank recognizes that project-related land acquisition and restrictions on land use can
1. Avoid involuntary resettlement or, when unavoidable minimize involuntary resettlement by exploring
project design alternatives.(Involuntary resettlement refers to this impacts).
3. To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on
land use by: (a) providing timely compensation for loss of assets at replacement cost
(b) assisting displaced persons in to improve, or at least restore, their livelihoods and living standards, to
pre-displacement levels or to levels that is prevailing prior to the beginning of project implementation,
whichever is higher.
4. To improve the living conditions of poor or vulnerable persons who are physically displaced, through
provision of adequate housing, access to services and facilities, and security of tenure.
sufficient investment resources to enable displaced persons to benefit directly from the project, as the
nature of the project may warrant.
6. To ensure that resettlement activities are planned and implemented with appropriate disclosure of
information, meaningful consultation, and the informed participation of those affected.
This responsibility applies to permanent or temporary physical and economic displacement resulting
from the
following types of land acquisition or restrictions on land use undertaken or imposed in connection with
project implementation:
(b)
restricted through negotiated settlements with property owners or those with legal rights to the land, if
failure to reach settlement would have resulted in expropriation or other compulsory procedures;
(c)
Restrictions on land use and access to natural resources that cause a community or groups within a
community to lose access to resource usage where they have traditional or customary tenure, or
recognizable usage rights. This may
include situations where legally designated protected areas, forests, biodiversity areas or buffer zones
are established in connection with the project
(d) Relocation of people without formal, traditional, or recognizable usage rights, who are
inaccessible;
resources, timber and non-timber forest products, fresh water, medicinal plants, hunting and
areas;
2. Community engagement
3. Grievance mechanism
That when land acquisition or restrictions on land use (whether permanent or temporary) cannot be
avoided, the Borrower will offer affected persons compensation at replacement cost, and other
assistance as may be necessary to help them improve or at least restore their standards of living or
livelihoods, subject to the provisions of this ESS.
and fixed assets will be disclosed and applied consistently. Compensation rates may be subject to
upward adjustment where negotiation strategies are employed. In all cases, a clear basis for calculation
of compensation will be documented, and compensation distributed in accordance with transparent
procedures.
option for replacement land in accordance with this ESS, unless it can be demonstrated to
the Bank’s satisfaction that equivalent replacement land is unavailable. As the nature and objectives of
the project may allow, the Borrower will also provide opportunities to displaced communities and
persons to derive appropriate development benefits from the project. In the case of affected persons
under paragraph 10 (c), resettlement assistance will be provided in lieu of compensation for land, as
described in paragraphs 29 and 34 (c).
The Borrower will take possession of acquired land and related assets only after compensation in
accordance with this ESS has been made available and, where applicable, displaced people have been
resettled and moving allowances have been provided to the displaced persons in addition to
compensation. In addition, livelihood restoration and improvement programs will commence in a timely
fashion in order to ensure that affected persons are sufficiently prepared to take advantage of alternative
livelihood opportunities as the need to do so
arises.
In certain cases there may be significant difficulties related to the payment of compensation to particular
affected persons, for example, where repeated efforts to contact absentee owners have failed, where
project-affected persons have rejected compensation that has been offered to them in
accordance with the approved plan, or where competing claims to the ownership of lands or assets are
subject to lengthy legal proceedings. On an exceptional basis, with prior agreement of the Bank, and
where the Borrower demonstrates that all reasonable efforts to resolve such matters have been taken,
the Borrower may deposit compensation funds as required by the plan (plus a reasonable additional
amount for contingencies) into an interest-bearing escrow or other deposit account and proceed with
the relevant project activities. Compensation placed
in escrow will be made available to eligible persons in a timely manner as issues are resolved.
Community engagement
The Borrower will engage with affected communities, including host communities, through
options and alternatives from which affected persons may choose. Disclosure of relevant information
and meaningful participation of affected communities and persons will take place during the
consideration of alternative project designs referred to in
paragraph 11, and thereafter throughout the planning, implementation, monitoring, and evaluation
activities, and relocation process. Additional provisions apply to consultations with displaced Indigenous
Peoples, in accordance with ESS7.
women’s perspectives are obtained and their interests factored into all aspects of resettlement planning
and implementation. Addressing livelihood
affected differently. Women’s and men’s preferences in terms of compensation mechanisms, such
Grieviance mechanism
The Borrower will ensure that a grievance mechanism for the project is in place, in accordance with
by displaced persons (or others) in a timely fashion. Where possible, such grievance mechanisms
mechanisms suitable for project purposes, supplemented as needed with project-specific arrangements
designed to resolve disputes in an impartial
manner.
settlers, from claiming benefits. The social assessment will also address the claims of communities or
criteria for affected persons, set out procedures and standards for compensation, and
(c) For projects involving economic displacement with significant impacts on livelihoods
responsibilities relating to financing and implementation, and include arrangements for contingency
financing to meet unanticipated costs, as well as
the project
23. The Borrower will establish procedures to monitor and evaluate the implementation of the plan
ESS. The extent of monitoring activities will be proportionate to the project’s risks and impacts. For all
impacts, the Borrower will retain competent resettlement professionals to monitor the implementation
of resettlement plans, design corrective actions
Affected persons will be consulted during the monitoring process. Periodic monitoring reports will be
prepared and affected persons will be informed
the objectives of this ESS. For all projects with significant involuntary resettlement impacts, the Borrower
will commission an external completion audit
be undertaken by competent resettlement professionals, will assess whether livelihoods and living
compatible with this ESS. Once the individual project components are defined and the necessary
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paragraph 10 (c), the Borrower will provide arrangements to allow them to obtain adequate housing
with security of tenure. Where these displaced persons own structures, the Borrower will compensate
at replacement cost.
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without the provision of, and access to, appropriate forms of legal and other protection, including
The exercise of eminent domain, compulsory acquisition or similar powers by a Borrower will not be
considered to be forced eviction providing it complies with the requirements of national law and the
provisions of this ESS, and is conducted in a manner consistent with basic principles of due process
may consider negotiating in situ land development arrangements by which those to be affected
may elect to accept a partial loss of land or localized relocation in return for improvements that will
increase the value of their property after development. Any person not wishing to participate will be
Economic displacement
gender aspects and the needs of vulnerable segments of communities, and will ensure that these
are provided in a transparent, consistent, and equitable manner. The plan will incorporate arrangements
to monitor the effectiveness of livelihood
on land use affect commercial enterprises, affected business owners will be compensated
equipment; and for reestablishing commercial activities. Affected employees will receive
employment opportunities;
claims to land that are recognized or recognizable under national law (see paragraph 10 (a)
and (b)), replacement property (e.g., agricultural or commercial sites) of equal or greater
(c) Economically displaced persons who are without legally recognizable claims to land (see
assets other than land (such as crops, irrigation infrastructure and other improvements
made to the land), at replacement cost. Additionally, the Borrower will provide assistance in
such persons with an opportunity to reestablish livelihoods elsewhere. The Borrower is not