Catalog

	Table of Contents
p. 20 of 79 BACK | NEXT Foreword Abbreviations Glossary 1. Introduction 2. The Resettlement Plan in the Project Cycle 3. Resettlement: Key Planning Concepts 3.1 Avoiding or Minimizing Resettlement 3.2 Policy Framework 3.3 Developing a Resettlement Policy 3.4 Defining Entitlement and Eligibility 3.5 Resettlement Planning for Vulnerable Groups 3.6 The Entitlement Matrix 3.7 Resettlement Budget and Financing 3.8 Land Acquisition and Resettlement Time Line 3.9 Checklist: 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 : 3. Resettlement: Key Planning Concepts

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3.2. Policy Framework

Bank policy covers all categories of APs and requires the borrower (EA or other project sponsor) to pay for land and all other assets affected by the project, together with measures for income restoration and relocation. However, land compensation and resettlement policies vary widely among DMCs (see Appendix 3 for descriptions of resettlement policies in selected DMCs).

Each of the Bank's DMCs has its own framework for land acquisition through eminent domain and other regulatory measures, reflecting historical, social, and economic parameters. This framework comprises policies, laws, and guidelines. In most countries, this framework defines procedures for land expropriation and for compensation. Land collectivization (as in the People's Republic of China (PRC) and Viet Nam, for example) is a basic parameter shaping such frameworks. In such countries, where there is no private ownership of land, people affected are entitled to receive compensation on the principle of "user rights" to land, with land compensation often being paid through the collective entity.

The Bank's policy emphasizes the need, not just for compensation at replacement rates to restore lost assets, but also for measures to restore living standards and livelihoods, so that people are not disadvantaged by resettlement. Many DMCs lack specific resettlement legislation which provides for such measures. This issue is often addressed during project preparation for resettlement.

Bank policy includes those who do not have formal title to their assets. Land acquisition laws might not recognize the rights of tenants, sharecroppers, wage laborers, agricultural laborers, squatters, vendors, indigenous or tribal people, and women without any legal rights as people entitled to compensation and rehabilitation measures. This issue is also often addressed on a project basis during project preparation.

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