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Handbook on Resettlement: A Guide to Good Practice :
3. Resettlement: Key Planning Concepts
3.6. The Entitlement Matrix
Based on analysis of the impact of the project and the new eligibility policies, an entitlement matrix is developed based on categories of APs according to losses and their entitlement benefits. The matrix proposes eligibility and payments for all kinds of losses (e.g., land, housing, businesses, other income sources, temporary loss of income, displacement, and moving costs). It sets standards for compensation.
Current land acquisition laws in many DMCs do not cover all types of losses. Since the Bank's policy objective is to at least maintain the level of living under "without-project" situation, a strategy for enabling APs to maintain their former standard of living needs to be linked to what APs have lost. The table below summarizes the types of losses arising from land acquisition.
Types of Losses from Land Acquisition
| Category |
Types of Loss |
| Land |
- Agricultural land
- House plot (owned or occupied)
- Business premises (owned or occupied)
- Access to forestland
- Traditional use-rights
- Community or pasture land
- Access to fishponds and fishing places
|
| Structures |
- House or living quarters
- Other physical structures
- Structure used in commercial/industrial activity
- Displacement from rented or occupied commercial premises
|
| Income and livelihood |
- Income from standing crops
- Income from rent or sharecropping
- Income from wage earnings
- Access to work opportunities
- Income from affected business
- Income from tree or perennial crops
- Income from forest products
- Income from fishponds and fishing places
- Income from grazing land
- Subsistence from any of these sources
|
| Community and cultural sites |
- Schools, community centers, markets, health centers
- Shrines, other religious symbols or sites
- Places of worship (church, temple, mosque)
- Cemeteries, burial sites
- Rights to food, medicines and natural resources
- Intellectual property rights
|
| Environment-related |
- Losses due to environmental impacts that might result from land acquisition or from project itself
|
The entitlement matrix sets out the type of loss and definition of the entitled person in tabular form. It can also include a column setting out compensation and rehabilitation measures for each type of loss. A sample simple entitlement matrix is set out below. It lists the types of losses, together with the definition of an entitled person.
Types of Losses Eligible for Compensation in Jamuna Bridge Project1
| Type of Loss |
Definition of Entitled Person (EP) |
| Loss of agricultural land |
Owner(s) of plot as per land record at cut-off date |
| Loss of homestead land |
Owner of a homestead plot as recorded at cut-off date |
| Loss of living quarters and other physical structures |
Legal owner of structure |
| Loss of economically valuable perennial crops |
Owner of a plot as per record at cut-off date |
| Loss of occupied homestead (illegal or with permission of owner) land |
Households living on land as uthulis or squatters |
| Loss of tenant contract for farming or pasture |
Farmers leasing or sharecropping on land acquired for project |
| Loss of wage income |
Persons living in affected areas and engaged in wage labor in agri/nonagriculture sectors and whose means of livelihood is affected |
| Loss of commercial plots |
Owner of the commercial plot at cut-off date |
| Loss of structure used in commercial/industrial activity |
Legal owner of structure |
| Displacement from rented, occupied or commercial premise |
Business persons/artisans occupying the premise at cut-off date |
| Loss of tree crops or standing crops |
Owner(s) of plot as recorded at cut-off date |
| Persons who have already parted with properties and relocated elsewhere. |
Persons falling under categories mentioned above |
| Adverse impacts on host population due to development of resettlement sites. |
No individual entitlement; investment in host communities |
| People adversely affected by bridge, i.e., change in water levels upstream or downstream, or in unforeseen ways. |
Persons affected adversely by bridge, other than above categories |
__________________________
1 Revised Resettlement Plan, Loan No. 1298-BAN: Jamuna Bridge, for $200 million, approved on 8 March 1994.
The entitlement matrix can also be more complex, providing information on the policy for compensation and rehabilitation in each case. A sample is set out below.
Entitlement Matrix of a Proposed Compensation and Resettlement Policy
| Type of Laws |
Application |
Definition of Entitled Person |
Compensation Policy |
Implementation Issues |
| Loss of arable land |
a) Arable land located in the right-of-way (ROW) of the road |
a) Farmers who cultivate the land |
a) Provide equivalent land nearby.
b) If land is not available, use intensification and diversification of existing land.
c) Farming will be permitted in the clear area (2 to 7 m from the toe of the embankment). |
a) A list of available arable land in each affected commune is required
b) Assistance to farmers to develop new crops and intensify production |
| Loss of residential land |
a) Residential land located in ROW |
a) Legal occupants of the land with certification from a relevant authority or a verbal permit from the commune
b) Illegal occupants of the land |
For both legal and illegal occupants:
a) If remaining land is enough to absorb APs, replacement land will be provided within the commune.
b) If remaining area is not enough an alternative house-plot (minimum 60 m2) or equivalent to the former plot will be offered close to the highway. |
a) To avoid procedural problems due to the absence of written permits , permits will be issued before compensation begins
b) The minimum area on which APs would be allowed to reorganize has to be discussed with district and commune authorities
c) The value of the new site has to be equivalent but not less than the value of the current property of APs. If the assessed value of the new site is larger than the assessed value of their current property, the difference should not be collected from the APs.
d) APs will have to conform to all existing regulations. Assistance will be given to those who need it. |
| Loss of structures |
a) Structures located in right-of-way |
a) Legal owner of the structure |
a) Compensation in kind in materials. Owners will build their structures with technical assistance.
b) Allowance for lost income in kind.
c) Transportation of building materials to families who are relocated (not payable in cash). |
a) A wide variety of building materials would be made available for APs.
b) During the survey, the amount and type of building materials needed will be evaluated. |
| Loss of standing crops |
a) Crops located in the widening of the road |
a) Farmers who cultivate the land |
a) Compensation in kind for crops based on productivity of the land in the past. |
a) Prices of agricultural products in local markets have to be checked for comparison.
b) APs will be given notice several months in advance regarding evacuation. Crops grown after the issue of the notice will not be compensated.
c) The work schedule has to take into account the crop seasons to avoid work, if possible, during the harvest season. |
| Loss of trees |
a) Trees located in ROW of the road and in the clear area if they affect traffic safety (visibility) |
a) Persons who utilize the land where trees are located |
a) Compensation in cash based on type, age, and diameter of trees |
a) Consideration given to trees planted in view of preventing erosion
b) Only private owners shall be compensated for trees. |
Adapted from Design Report for TA No. 1997 VIE: Second Road Improvement Project, for $2,100,000, approved on 29 November 1993.
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3.7 Resettlement Budget and Financing |
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