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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
8.1 Issues concerning the Institutional Framework
>> 8.2 Establishing Resettlement Unit
8.3 Staffing and Budget
8.4 Staff Training and Capacity Building
8.5 NGOs as Resettlement Implementation Agents
8.6 Resettlement Coordination Committees
8.7 Grievance Redress Committees
8.8 Institutional Framework in the Project Cycle: Key Action Points
8.9 Checklist: 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 : 8. Institutional Framework

8.2. Establishing a Resettlement Unit

As soon as the ISA is completed, the Mission Leader should decide, based on the scale of likely impact, whether a resettlement unit is required. A resettlement unit may be required for projects with significant impact. Projects with limited land acquisition affecting only a few families or having limited adverse impacts may not require resettlement unit. In these cases, the Mission Leader should identify the existing institutional arrangements for compensation and resettlement and include agreements in the project documentation, with appropriate lines of accountability within the existing institutional framework.

If the scope of resettlement is large, a separate resettlement unit will probably be required to deal with issues concerning compensation and rehabilitation of APs. The Mission Leader, during the project preparation stage, should then address the following issues:

  • the form and size of the resettlement unit;
  • the mandate of the resettlement unit;
  • the financial and administrative authority of the resettlement project director;
  • staffing and budget; and
  • the requirements for training and capacity building.

The form and size of the resettlement unit will depend on the severity of impact and the scale of displacement and resettlement. The Mission Leader should determine the institutional options for resettlement implementation based on the RP. The Mission Leader should pay special attention to both administrative and disbursement power of the organization head to ensure proper implementation of resettlement operations. The head of the resettlement unit should be a senior officer with appropriate financial power and authority to carry out all functions, including coordinating meetings with other departments.

Typically, a resettlement unit is established within the department or agency responsible for the main investment project. This allows the agency to coordinate all resettlement activities, including land acquisition and compensation payments to the APs, that are normally carried out by various agencies (e.g., land department or local administration). Resettlement unit staff can also maintain systematic and closer links with the main project and thus can contribute to faster and improved decision making and deployment of resources.

The resettlement unit can also be located in another government department or local administrative body (e.g., District Collector or Zilla Parishad's Office in India, Municipal or county government in PRC). These local bodies are often mandated to deal with area development issues (e.g., Block Development in India) and can deploy staff from other local agencies dealing with social work, rural development, and extension services. In PRC, responsibility for nearly all aspects of resettlement is devolved to municipal, or prefecture, and governments, and resettlement solutions are developed locally with countries, districts, townships, and villages.

A separate resettlement agency, independent of the department implementing the investment project, may be useful in carrying out large-scale resettlement operations. The case of Sardar Sarovar in Gujarat is an example, where an agency was created with defined legal and administrative authority to perform all resettlement activities or to direct other departments and line agencies to carry out needed tasks. When an independent resettlement agency is used, then clear mechanisms are required for coordination among different departments involved in the resettlement operations (e.g., land department, local administration, labor bureau, education and health departments, and public works for infrastructure development in relocation sites).

Resettlement in PRC 1

In PRC, the resettlement policy framework and legal provisions are derived from various national, provincial, and local government laws and regulations. The Land Administration Law (1986) of the PRC stipulates that provinces shall determine the specific compensation standards for land and housing, within broad guidelines. Typically, resettlement plans are made by the borrowing agency (for example, Hebei Provincial Communications Department for Hebei Expressways) or by a local design institute after consultation with the county and/or municipality affected by the project. Responsibilities for implementation of resettlement plans are normally divided among different levels of government. Resettlement officers at municipal, prefecture, county district, and township levels carry out all implementation activities.

Provincial level has responsibility for overall implementation and allocation of compensation costs.

Municipality and prefecture level assumes responsibility to arrange, execute, and coordinate resettlement activities within the parameters of resettlement approved by the government.

County and district level governments assume responsibility to administer compensation funds and to disburse funds to townships.

Township level assumes responsibility to undertake land and relocation surveys, and to make payments of compensation to those affected for lost assets, excluding land.

Village level readjusts land use contracts to provide replacement agricultural land. Township and village levels can develop township and village enterprises to provide job opportunities.

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1 Loan No. 1387-PRC: Hebei Expressway, for $220 million, approved on 28 September 1995.




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8.3 Staffing and Budget

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