Catalog

	Table of Contents
p. 78 of 79 BACK | NEXT Foreword Abbreviations Glossary 1. Introduction 2. The Resettlement Plan in the Project Cycle 3. Resettlement: Key Planning Concepts 4. Consultation and Participation 5. Socioeconomic Information 6. Relocation 7. Income Restoration 8. Institutional Framework 9. Monitoring and Evaluation Selected Reading List Appendix 1: The Bank's Policy on Involuntary Resettlement Appendix 2: Sample Terms of Reference for Full Resettlement Plan Appendix 3: Resettlement Policies in Selected DMCs Appendix 4: Resettlement Monitoring: Sample Formats for Monthly Progress Reports

Handbook on Resettlement: A Guide to Good Practice

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Appendix 3: Resettlement Policies in Selected DMCs

People's Republic of China

The 1986 Land Administration Law and its 1988 amendments clarify land rights and registration of use rights for state-owned land, providing guidance to provinces, cities, prefectures, counties, districts and collectives responsible for implementing land acquisition and resettlement. This Law formalizes procedures for consultation and grievance resolution for persons affected. Provinces can draw up guidelines to conform with the national Law, or give cities and counties the right to enact additional regulations. Projects that cross provincial boundaries pose particular challenges in ensuring uniform compensation and restoration measures for people affected.

Large and medium hydropower projects are subject to separate reservoir resettlement design standards (1991), with lower compensation standards than for other sectors. In reservoir projects compensation can include a maintenance and construction fund that allocates a small proportion of power or water revenue generated to support resettlement costs. Regulations, framed in 1984 and updated in 1991, govern urban development projects, providing measures for consultation and grievance resolution for persons affected. Urban dwellers without a residence permit might not receive compensation or rehabilitation assistance.

In rural PRC, production groups and villages allocate land use to member families under long-term contracts, which carry obligations to meet grain and tax quotas set by the township governments. Individuals cannot buy or sell landownership rights, even if, in some areas, they can trade use rights. All members of the collective share equally in land compensation. The village unit carries the responsibility, if land is acquired, for rearranging landuse contracts and intensifying agriculture to reabsorb workers. Alternatively the village might assign non-farm jobs in enterprises such as township and village enterprises (TVEs), often with assistance from the township and county governments. If reabsorption within the village economy is impossible due to land and population constraints, then the village unit can switch some members to non-agricultural residence permits, particularly in urbanizing areas.

India

State-level resettlement policies exist in Bihar, Orissa, Maharashtra, Madhya Pradesh, Gujarat, Punjab, Karnataka, and Andhra Pradesh. Elsewhere, land acquisition and resettlement are governed by general or project-specific directives. There are some sectoral policies (e.g., Coal India Ltd., Maharashtra State Electricity Board) and several parastatal policies (National Thermal Power Corporation).

Indonesia

Presidential Decree No. 55/1993, on Land Acquisition for the Development of the Public Interest, is the key document, drawing upon earlier laws, including Law Number 5 of 1960, the Basic Agrarian Law that delineated the categories of land ownership and usage. These are very complex due to the overlapping of traditional adat land rights, western land use rights and recent developments in tenure.

The Decree of 1993 specifies grievance procedures for landowners; defines public interest for development purposes; separates private projects, which should use regular land purchase arrangements; places more emphasis on community consultation and reaching agreement with people affected on the form and the amount of compensation; and presents expanded options for compensation including cash, substitute land, formal land title, and resettlement.

The Regulation of the Minister of State for Agrarian Affairs and National Land Agency No. 1 of 1994 on Operational Directive of the Decree 55/93 on the Acquisition of Land for the Construction in the Public Interest is the enabling regulation for implementing the Decree. This specifies that each Provincial Governor establish a Land Acquisition Committee in each kabupaten and kotamadya to be chaired by the Bupati or Walikota. The Committee also includes representatives of the Level II Land Office, Tax Office, buildings office, agriculture office, the heads of the district and village, and two other non-members. The Governor will establish a Provincial Land Acquisition Committee if the development covers more than one Level II territory. Governors can also issue project-specific decrees with guidelines on specific procedures and entitlements for compensation and rehabilitation for people affected, as a basis for planning, implementing and monitoring resettlement according to Presidential Decree No. 55/93. Several World Bank-funded projects in Bali and East Java have used this approach.

The Committees have the powers to make an inventory of land and other assets on land to be acquired, to investigate the legal status of the land; to inform and negotiate with the people affected and with the agency acquiring the land; to estimate compensation; and to document and witness the compensation payments.

A related Government Regulation, No. 51 of 1993 on Environmental Impact Assessment, requires a management and monitoring plan for environmental impacts, including land acquisition and resettlement. It also requires mitigation of social impacts, public disclosure and community consultation.

Pakistan

The Land Acquisition Act (1894 with subsequent amendments) governs land acquisition for development purposes by the Government of Pakistan. Section 4 allows preliminary notification for survey. Section 6 provides for declaration of intended acquisition. Section 8 deals with detailed survey and planning. Sections 11 to 15 and 23 to 28 provide for inquiry by the Land Collector into claims and values, and the setting of compensation levels, primarily through interpretation of market value. Sections 16 and 17 provide for compulsory acquisition, while Section 18 allows for redress of grievance at the District level Civil Courts, and above, if necessary.

Each province has its own application and interpretation of the Act through the provincial Land Revenue Department and the Land Acquisition Collector. Generally, compensation rates are set through an officially determined registered market value which draws upon past market prices and might not reflect the current market cost. Ghazi Barotha Hydroelectric Project is an example of a project that introduced new resettlement management practices. These include an independent panel of environmental and social specialists; studies on detailed environmental and resettlement issues; involvement of Pakistani NGOs and local community organizations in active dialogue, including scoping sessions; and establishment of a project information center and subcenters for contact with people affected with translation and distribution of key documents to them. Measures were agreed for asset compensation at replacement rates and also for rehabilitation of people affected to restore, or enhance, their income-earning potential and living standards. The project changed the Punjab 1983 rule on land valuation by the Land Collector, based on assessment of officially determined market values. Instead, a Committee (comprising WAPDA, NGO and representatives of persons affected) has been established to set the compensation rates, in consultation with people affected.

Philippines

The 1987 Philippine Constitution sets the basic policy for land and requires just compensation for expropriation of private property by the State. Executive Order 1035 (1985) sets the guidelines for government acquisition of private properties for development purposes, using either negotiated sale or expropriation. Sections 17 and 18 provide for resettlement of tenants, farmers and other non-titled occupants through the Ministry of Human Settlements (now abolished) and the then Ministry of Agrarian Reform (now the Department of Agrarian Reform) and the acquiring agency. They also compensate for lost crops of displaced tenants, cultural communities and settlers.

The 1992 Republic Act No. 7279 on Urban Development and Housing sets the grounds, procedures and requirements for eviction of squatters from land required for an infrastructure project. This Act requires all city and municipal governments to conduct an inventory of lands and improvements, together with the Housing and Land Use Regulatory Board. This forms the basis for identification of government land for socialized housing and resettlement areas for the immediate and future needs of the underprivileged and homeless in the urban areas... Articles V and VI set the terms for a program of shelter provision for the underprivileged and homeless in consultation with private developers and government agencies. Article VII provides for Urban Renewal and Resettlement, primarily focusing on on-site development as a first choice. This allows for eviction of professional squatters without any compensation. It also sets the procedures for eviction of the underprivileged and homeless citizens from risky areas. Such people should be identified, consulted and provided with financial assistance in cash. Through the auspices of local government and the National Housing Authority they would be relocated to sites with basic services, facilities and access to jobs. Separate Implementing Rules and Regulations (IRR), formulated through inter-agency coordination, accompany the provisions of this Act.

Supplementary rules set guidelines for summary evictions (1993); for acquiring land for socialized housing (1993); and for valuing land for socialized housing (1992). Additional rules ensure "proper and humane relocation and resettlement," providing for grievance resolution against Republic Act 7279. Memorandum Circular No. 35 covers rights of way. Republic Act 7160 of 1992 (the Local Government Code) allows local government to exercise eminent domain on payment of just compensation.

Some other Acts govern sector agencies. For example, the Republic Act 7638 of the Department of Energy (1992) directs that a share of the electricity sales be directed to a Development and Livelihood Fund and environmental improvements.

Viet Nam

The Land Law of 1993, a comprehensive land administration law, states that land belongs to the people, with the State as its sole administrator, reserving the right to allocate land and determine its usage. Every commune is required to keep up to 5 percent of its agricultural land for welfare or public benefit. The State maintains the land use classification system which determines land use, which helps to preserve scarce agricultural land. The State also determines the value of land for purposes of taxes and compensation. The Land Law clarifies the rights of people to use and transfer real property and assets, based on certificates issued by local government. Families and individuals who have been allocated land have the right to exchange their land, transfer the use rights to others, rent the land for a period of three years, bequeath it or use it as collateral. Use rights are generally renewed after 20 or 50-year periods. Article 27 of the Land Law provides for the State to recover land for purposes of national defense, security, national benefit or public benefit; and for the land user to be compensated for the loss. Users must be informed of the reason, time frame and resettlement plan before expropriation.

The Residence Law of the State Council, 1991, identifies three types of ownership of residences: state-owned, collectively-owned, and privately-owned. It provides the basis for protection of residential property ownership by private individuals. In practice, sale of a residence seems to entail sale of the land on which it is built. Decree 60 of 1994 affirms the Residence Law.

Decree 64 of 1993 sets regulations governing the allocation of land use rights to most land users. It guarantees the allocation of land to the private sector.

Official Message 1044/KTN of the Prime Minister, 1995, declares a moratorium on transfer of riceland to other uses. Decree 87/CP provides for pricing different types of land. Decree 90/CP of 1994 is based on the 1993 Land Law and sets compensation levels for recognized users for land appropriated. Illegal land users are not compensated. Compensation provides an alternative piece of land of a similar class, or else cash compensation according to the class and type of land. The value will be determined according to the government price scale. Compensation rates for annual and perennial crops are calculated according to market value.

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