Involuntary Resettlement

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Resettlement Entitlement and Eligibility

Who are the Affected Persons (APs)?

APs are defined as those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, resources such as forests, range lands, fishing areas, or important cultural sites, commercial properties, tenancy, income-earning opportunities, and social and cultural networks and activities.

What constitutes fair compensation?

The ADB Policy on Involuntary Resettlement equates compensation to the "without" project situation, so that replacement rates are required. People affected should be at least as well off after resettlement as they were before. Replacement rates are equal to market costs plus transaction costs providing that the markets reflect reliable information about prices and availability of alternatives to the assets lost.

Are people without formal title or rights to be assisted?

Yes, if they are affected persons (APs). The ADB Policy on Involuntary Resettlement recognizes all persons affected by the project as eligible for compensation and rehabilitation irrespective of legal or ownership titles. Examples are sharecroppers or tenant farmers losing user rights; users depending on customary land use rights but without formal land title; seasonal migrants; and squatters.

When are squatters and encroachers eligible for compensation for any structures, crops or land improvements that they will lose?

What are vulnerable groups?

Vulnerable groups are those likely to be particularly disadvantaged as a consequence of resettlement. These are the poorest, those without legal title to assets, households headed by women, indigenous peoples, ethnic minorities, and pastoralists. These also include other groups, such as isolated communities, the disabled or those unable to work, or those left behind when the majority of their community becomes eligible for relocation.

What are stakeholders?

Stakeholders are those who have a direct interest in project development, and who will be involved in the consultative process. Primary stakeholders include the people affected, the beneficiaries of the project, the host populations at any planned resettlement sites, and the implementing agency. Secondary stakeholders are other individuals or groups with interest in the project, such as local or national government, policy makers, advocacy groups, elected officials, and NGOs. All stakeholders, particularly the Affected Persons (APs) and their representatives, should be involved in all stages of the project cycle.

Do indigenous peoples or other vulnerable groups need special treatment during resettlement?

Yes. Resettlement often provides an opportunity to introduce measures to enhance the economic and social conditions of vulnerable groups, rather than simply restoring them to their pre-project levels of vulnerability. The ADB Policy on Involuntary Resettlement specifies that vulnerable groups merit special attention in planning and implementing resettlement, and that resettlement represents an opportunity to help them improve their status.

In countries where there is no private ownership of land, how are people affected compensated?

They are compensated on the principle of "user rights" to land, with land compensation often being paid through the collective entity.

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