Transcript Slide 1
TRAINING MATERIALS FOR LAND ACQUISITION AND RESETTLEMENT PLAN PREPARATION AYSE KUDAT SOCIAL ASSESSMENT PRESENTED TO G.W. UNIVERSITY 2003 A resettlement action plan (RAP) is a document specifying procedures that the responsible agency will follow and the actions it will take to properly resettle and/or compensate affected people and communities not an easy task---even for projects with modest social impacts WHY do we need it? To Reduce Risks Associated with Resettlement in a deliberate, planned and consultative manner Landlessness Joblessness Homelessness Marginalization Food security and loss of income Illness/Mortality Loss of Common Property Resources Social Disruption RELATED WORLD BANK POLICY OP 4.12: RESETTLEMENT ACTION PLAN Resettlement POLICIES apply to the projects where people involuntarily lose their lands, homes or other IMMOVABLE assets. RAP is NOT merely an annex to a project document!!! It’s a formal document which regulates the actions to be taken to in balancing the income and lives of the adversely impacted communities. RAP is a must for the financial institutions investing in projects. It is also a must for central and local governments supporting them. Private companies also prepare RAPs whether or not they seek IFI support. If actions promised in a RAP are not implemented, financial institutions may cancel lending. Other actors would also take remedial action. Rap is not a joke!!!!!!! THE TERM “RESETTLEMENT” MAY BE MISLEADING. MITIGATING THE ECONOMIC DISPLACEMENT IS AS IMPORTANT AS ENSURING THE PHYSICAL RESETTLEMENT OF AFFECTED POPULATIONS Physical impacts arise when the project causes demolishment of homes or workplaces Economic impacts arise when land acquisition and/or other types of restricted access to productive resources reduce incomes Pressure on the Private Sector to Improve its RAP performance has increased Private sector institutions pay a special attention to RAP as part of their CSR and long-term business success in a project area. • BTC • Ilusu dam • Tangguh LNG Restitution of lost Income is the most Important factor in a Resettlement Action Plan In an Oil Pipeline Project careful planning can avoid physical resettlement; but economic impacts of land acquisition cannot be escaped BTC / Turkey snapshot • • • • • • Pipeline length Affected number of cities Affected number of villages Affected parcels Expropriated land area Forest land : 1,070 km : 10 : 298 : 10,066 * : 2,996 ha : 270 ha Households affected by BTC in Turkey lose a small portion of their land Household Land Ownership and Affected Land 180000 140000 120000 100000 80000 60000 40000 20000 da ha am n an m ar as Ka ys er i Er zu ru m Er zi nc an G um us ha ne Total household land ownership Size of affected plot 28 m corridor 8 m corridor Province Si va s Ka hr Ar Ka rs 0 Ad an O a sm an iy e average size of land (sq. m.) 160000 BTC / Turkey --few households lose more than half of their land holdings Source: RAP Survey, 2002 140 120 # of Affected Plots 100 80 60 40 Std. Dev = .15 Mean = .17 20 0 0.00 .20 .40 .60 .10 .30 .50 .70 % of Plot Affected by 28 meter Corridor Source: RAP Survey, 2002 Source: RAP, Survey Data, 2002. N = 666.00 1.00 .80 .90 In Georgia joint construction of oil and gas pipelines cause greater economic dislocation: • Average land size holding is very low (0.2 - 0.3 ha) • Average compensation is $2,000 • Average annual household income is lower than $1500 Many households in the Georgia portion of BTC lose all or majority of their lands… Private Plots (ha) 600 Plot size (ha) 500 400 300 200 100 Total Land size Land that is directly impacted from the project 0 Land size within 32 meters corridor Tsalka Source: GIS Survey, BTC Georgia, 2002. Tetritskaro Cities Gardabani* Borjomi Akhaltsikhe Adigeni Land size within 44 meters corridor In Gardabani city, Georgia 51% of the households lost at least half of their total land holdings. # of Affected Plots 75 50 25 0 0.00 25.00 50.00 75.00 100.00 # of Affected Plot by 44 meter Corridor Source: GIS Survey, BTC Georgia, 2002. In Georgia overall 27% of the households lost at least half of their total land holdings. # of Affected Count Plots BTC PROJECT IMPACTS OF 44m. CORRIDOR RELATIVE TO THE TOTAL SIZE OF AFFECTED PLOTS 300 200 100 0 25.00 50.00 var00001 75.00 % of Plot Affected By 44 meter Corridor Source: GIS Survey, BTC Georgia, 2002. 100.00 In Indonesia, most of the population work in agriculture and fisheries. Due to economic and physical dislocation, affected population will lose their agricultural income. They will lose fisheries income due to the Project imposed use restrictions. If BP did not provided employment, these communities would have suffered. THE ILISU DAM Dam type : Zoned rockfill with clay core Dam height above foundation : 135 m Reservoir area : 313 km2 Active dam reservoir volume : 7.5 x 109 m3 Installed capacity : 1200 MW Power : 3833 GWh/yr The area that will be impacted by the Ilisu Dam is vast. Large number of settlements are affected by the dam A total of 183 settlements impacted Partially affected Fully affected 79 104 57 Village 47 Hamlet Vacant 21 Vacant 20 Inhabited 37 29 Village Inhabited 26 49 Hamlet Vacant 13 1 Town Hasankeyf Vacant 31 Inhabited 16 Inhabited 18 Land is owned by a few as many families work as tenant farmers HOUSEHOLD LAND OWNERSHIP, CULTIVATED AREA, AND FAM ILY HOLDINGS 3000 FAMILY HOLDING LAND 2500 TITLED LAND CULTIVATED LAND DECARES 2000 1500 1000 500 0 1 4 7 10 13 16 19 22 25 28 31 34 37 40 43 46 49 52 55 58 61 64 PERCENT OF POPULATION 67 70 73 76 79 82 85 88 91 94 97 Many resettlement projects leave people unemployed For example around the Ilısu Dam 40% of the households are agricultural wage earners. They would have lost their jobs if the dam was built BTC-Turkey affects different types of land: RAP must cover them all Type of affected land: Case of BTC/Turkey Private Owners Registered Private User Public Owners Local Authority Not Registered Tenant Farmers Squatters on Public & Private Lands State Authority Users of common property Resources Type of affected land: Case of BTC/Turkey Private Owners Public Owners Private User Local Authority Title deed registered Title deed and land registration system not available State Authority Tenant Farmers Other common areas Grazing Lands Users of common property Resources Pastures Squatters on Public & Private Lands Treasury Lands Forest Lands Type of affected land: Case of BTC/Turkey Public Owners Local Authority Other common areas Village common lands River banks State Authority Irrigation network Village specific network Grazing Lands Forest Lands Water resources Treasury Lands Pastures Inter village networks Demarcated for the use of individual households Lakes and other fresh water resources 2B Under use by private persons Forest lands collectively used Vacant treasury lands Lands used by squatters Type of affected land: Case of BTC/Turkey Owners of land in displaced communities Private Owners Title deed registered Clean deed with one owner Clean deed with joint owners Deed in the name of a deceased person Some heirs in the community Some owners in the community All owners in the community Title deed and land registration system not available Joint rights are demarcated Joint rights are not demarcated All heirs in the community All users of land are in the community Land used for less than 20 years (displaced populations) Land used for 20 continuous years Users outside the community have claims Private Land Users: BTC/Turkey Private Users Tenant Farmers Users of common property Resources Squatters on Public & Private Lands With formal arrangement Squatters on Public lands Informal tenant arrangement Tenant with infrastructure investment on land Squatters on private lands Mitigation to reduce resettlement risks vary Compensation of Land – Provide similar cultivatable land to people who lose all their land Land-for-land This strategy is a must for certain communities in Georgia Providing jobs to restore income from lost assets Many RAPs give importance to training activities in developing new livelihoods for the affected groups. In Georgia and Azerbaijan portion of BTC providing agricultural technical assistance is a crucial activity. But not in Turkey Education and training in rural areas can be difficult. Providing housing to the homeless BP-Tangguh RAP Food security and agricultural income support Many RAPs include actions to increase agricultural yields through training and machinery Pipeline projects such as BTC often help increase the agricultural and livestock yields outside the RAP frameworks. Compensation for loss of public resources In many projects the loss of forests or pastures are compensated by providing alternative livelihood development projects. For instance Chad-Cameroon pipeline uses this alternative. BTC Turkey, • Provided funds for forest development • In addition part of the compensation was given to Ministry of Forestry, which in turn had to spend 1/3 of the funds in forestry development Unknown/unanticipated impacts may emerge in the course of implementation Therefore in BTC, a RAP FUND is created RAP is designed to provide answers to a range of displacement issues and risks associated with adverse impacts caused by development projects RAP Main Features Identification of project impacts Policy/Legal framework for displacement Determining Characteristics of Affected populations Description of Compensation plan, resettlement assistance and restoration of livelihoods Description of Institutional responsibilities A framework for public consultation/participatory Provisions for redress of grievances Framework for Monitoring / Evaluation Detailed Budget Implementation timetable Issue identification: BTC/Turkey Farmers unwilling to give up their land Historical land acquisition performance in Turkey extremely poor Land is short in mountain villages where BTC pipeline passes through Many different types of land are affected Not all landowners can be reached. For instance, Absentee ownership creates excessive problems for agencies acquiring land Consultation/negotiation arrangements are difficult with several categories of landowners Conflict of interest pressures land acquisition agency to use force major Legal Framework Inadequate legal framework –a frequent phenomena (e.g., BTC/Georgia expropriation law) Inconsistent legal framework –not surprising either Incongruity of traditional and formal legal framework Unacceptable local laws to serve as the basis of internationally acceptable RAPs Typology of Affected Lands and the Discrepancy between local and international entitlement policies Private Owners Private User Public Owners Tenant Farmers Title deed registered Title deed and land registration system not available Local Authority State Authority Users of common property Resources Squatters on Public & Private Lands users common areas Users of Grazing Lands User of Pastures Users of Treasury Lands Users of Forest Lands Gaps between the local laws and international policies of entitlements RAP Main Features Identification of project impacts Policy/Legal framework for displacement Determining Characteristics of Affected populations Description of Compensation plan, resettlement assistance and restoration of livelihoods Description of Institutional responsibilities A framework for public consultation/participatory Provisions for redress of grievances Framework for Monitoring / Evaluation Detailed Budget Implementation timetable Accurate census information is crucial Identification of property owners Initiation of required administrative procedures Preparation of socio-economic research Establishment of monitoring and evaluation system Examples of permanent and transitionary impacts Kahramanmaraş Province Andırın District Geben Village IPT1 Area Private Lands IPT1 Camp Site Most of the affected parcels are parcels created by cadastre Newly created parcels (rivers, roads, cadastral roads, etc) BTC / Turkey affected population İller Toplam Köy Sayısı Toplam Köy Nüfusu 2000 Toplam Köy Nüfusu İllerdeki Toplam Kent Kent Alanı Nüfusu 2000 Toplam Kent Nüfusu 1997 Etkilenen Yerleşim Yerleri Dolaysız Etkilenen Nüfus 2000 Dolaysız etkilenen Nüfus 1997 Ardahan Kars Erzurum Erzincan Gümüşhane Sivas Kayseri K.Maraş Osmaniye Adana 243 385 1,052 560 336 1,267 486 529 170 547 94,031 182,871 376,838 144,635 109,383 333,287 328,078 466,377 146,788 451,625 98,534 182,495 374,390 123,287 93,125 317,177 299,021 469,265 144,212 418,515 6 8 19 9 6 17 17 10 7 14 39,725 142,145 560,551 172,206 77,570 421,804 732,354 536,007 311,994 1,397,853 34,779 138,546 515,704 156,548 64,672 390,468 679,906 555,976 297,335 1,270,640 28 24 66 37 5 46 29 32 13 13 30,554 13,226 56,009 35,628 1,068 22,634 12,472 63,107 10,089 16,036 29,386 12,444 61,315 29,738 1,070 22,190 13,683 61,736 9,884 13,992 TOTAL 5,575 2,633,913 2,520,021 113 4,392,209 4,104,574 293 260,823 255,438 Source: BTC, and State Institute ofStatistics 2002 BTC / Turkey: Identification of impacts Resettlement has to identify all population that have the possibility of loosing their property, income and wealth due to the project. Identification steps can include: Thematic maps showing the land quality, flora/fauna and infrastructure. Census Inventory of affected immovables Socio-economic survey Main features of the compensation Consultative and participatory planning 300 200 8m. 28m. Area (Ha) Affected private parcels 8m ve 28m corridor 400 100 0 SIVAS OSMANIYE KAYSERI KARS K.MARAS GUMUSHANE ERZURUM ERZINCAN ARDAHAN ADANA Pipeline goes through limited number of towns in the affected cities and that limits the adverse impacts of the BTC/Turkey at the city level % Of Affected Districts In Erzurum District ASKALE % Of Affected Districts In Ardahan District DAMAL AŞKALE HANAK HORASAN 33% MERKEZ ILICA 58% POSOF KÖPRÜKÖY MERKEZ 42% PASİNLER ŞENKAYA Not Affected Districts % Of Affected Districts In K.Maras District ANDIRIN 80% GÖKSUN 20% Not Affected Districts 67% Not Affected Districts Lessons learned from the socio-economic survey about the affected population of BTC / Turkey Project How do socio-economic surveys help prepare RAP? Estimate the severity of adverse impacts Calculate the losses and the compensation at community level Inform the community Document the needs of the community systematically and transparently. Analyze/profile the affected community and determine the risk factors. Analyze the pre-Project income and living standards BTC / Turkey has determined the RAP problems and solutions through surveys Ratio of yearly income loss over total income due to the project Ratio of agricultural income over yearly income loss Adana 0.23 1.03 Osmaniye 0.41 1.36 Kars 0.18 0.61 Ardahan 0.52 1.18 Kahramanmaraş 0.27 1.33 Kayseri 0.20 0.72 Erzurum 1.14 2.37 Erzincan 0.33 0.81 Gümüşhane 0.20 0.57 Sivas 0.27 0.58 Total 0.47 1.17 Results of the socio-economic survey The impact of the BTC/Turkey project on income and wealth is modest The amount of land that will be used permanently and temporarily is small when compared to the total property ownership of the affected population The amount of the agricultural income loss is also small when compared to total income Only a small portion of the total land ownership will be expropriated by the project Household Land Ownership and Affected Land 180000 140000 120000 100000 80000 60000 40000 20000 da ha am n an m ar as Ka ys er i Er zu ru m Er zi nc an G um us ha ne Total household land ownership Size of affected plot 28 m corridor 8 m corridor Province Si va s Ka hr Ar Ka rs 0 Ad an O a sm an iy e average size of land (sq. m.) 160000 Most of the plot owners self cultivate Province s Self cultivate Si va Er zi nc an G um us ha ne um ri Er zu r Ka ys e as Ka h ra m an m ar ah an s Ka r an iy e Ar d O sm na 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Ad a Percent of households Current use of the affected plot by landowners Rent or sharecrop Not under cultivation Plots cultivated by tenants do not exceed 1/5 of all plots Exclusionary practices are thus unlikely Different forms of tenant arrangements exist 100 90 70 60 50 40 30 20 10 0 Nobody leases land Harvest is shared Sharecroppers pay equally between fixed fee per decare owner and sharecropper …but in most cases land is rented for cash 100 90 80 percent of sharecropper households percent of households 80 70 60 50 40 30 20 10 0 Other lease arrangements 50/50 harvest sharing Sharecroppers pay fixed fee per acre Most of the property owners have titles Formal title No formal title …but still a lot remaining without the titles Customary ownership *Other reasons include forgetting, lack of cadastre work, and ongoing paperwork Do not have title for other reasons* In Sıvas, Erzurum and Erzincan most of the plots have titles Percentage of Project Affected Population Percentage of People 12 10 8 6 % of Deeded Ownership 4 2 % of Customary Ownership (zillet) 0 Sivas Osmaniye Kayseri Kars K.Maras Gümüshane Erzurum Erzincan Ardahan Adana But not everybody has the title registration There are complaints about the mistakes in the titles and the other complaints are; •Some claim that land consolidation was done incorrectly •Some have not registered their inheritance •Problems land registration records complicate expropriation procedures Property owners lack information of the others who are also registered to their property titles. 8 7 6 5 4 3 2 1 0 Average number of owners according to deed Provinces s Si va m ar as Ka ys er i Er zu ru m Er zi nc G an um us ha ne n ha Ka hr a m an rs Ar da Ka iye an O sm an a Average number of owners according to respondent Ad number of owners Average Number of Plot Owners POSOF Woman are worse of in (ARDAHAN-TURKEY) cases where the owners have customary title of the land TOTAL 618 PARCELS AFFECTED BY BTC PROJECT REGISTERED 53 PARCELS UNREGISTERED 565 PARCELS (CUSTOMARY OWNERSHIP) SINGLE OWNER (20 PARCELS) 2+ OWNERS (24 PARCELS) FOREST PARCELS (4 PARCELS) PASTURE PARCELS (3 PARCELS) ONLY 2 WOMEN AMONG OWNERS SINGLE OWNER (383 PARCELS) 2 OWNERS (82 PARCELS) 3 OWNERS (33 PARCELS) 4+ OWNERS (67 PARCELS) ONLY 1 WOMAN AMONG OWNERS GIS inputs show that in Ardahan only 10% of the affected plots has female property owners where as in Osmaniye 70% of the affected plots has at least one female owner percent of plots with at lease one female owner Female Ownership of Affected Plots by province 100 90 80 70 60 50 87 percent customary ownership 40 30 20 10 0 A na a d sm O a ye ni K s ar A a rd n ha K a m a r ah as ar nm ri e s K ay Provinces an c in um r u E rz E rz um G u an h s e S a iv s Only a few percent of the affected plots have trees on them but their contribution to income is substantial Do not derive income from trees Derive income from trees Estimated annual income from trees on affected plot (USD) 140 120 80 60 40 20 s Si va ha um us G Province ne an in c ur Er z Er z um ri se Ka y as m ar an ra m Ka h s Ka r ah an Ar d O sm an iy e na 0 Ad a USD 100 Communities which are directly affected that are living in the forest or near it. Communities near the forests 100% benefit from the forest resources Negative effects of the pipeline has been observed. Affected percent of households close to a forest Communities away from the forest 60 50 40 30 20 10 0 Firewood collection Animal grazing Mushrooms and spice for selfconsumption Working for wages Not affected Community resource loss Absentee land owners It is not easy to locate these owners although the new law requires it. POPULATION LIVING OUTSIDE THE VILLAGE CAUSE PROBLEMS o BOTAS’s new report shows the number of property owners living outside the village as 4,600+ o Still there will be a lot of unidentified people remaining. 20% of the property owners outside of the village do not want to be represented by others 37% do not have relatives living in the village RAP Main Features Identification of project impacts Policy/Legal framework for displacement Determining Characteristics of Affected populations Description of Compensation plan, resettlement assistance and restoration of livelihoods Description of Institutional responsibilities A framework for public consultation/participatory Provisions for redress of grievances Framework for Monitoring / Evaluation Detailed Budget Implementation timetable Route Selection, Site Investigation and Land Acquisition Identification of the land owners along the route considering 500 m. corridor (22m. Cor. -250m. + 250m.) Identification of the route axis of 28m. and connection of IP points to national GPS Network Preparation of the construction corridor to maps and expropriation maps Cadastral Survey and Title Deed Registers Definition of specified corridor (100m.) through environmental and social consideration Further narrowing the corridor to 28m. Registering to the public owned areas on behalf of the treasury and transferring the treasury registrations to Botas Application for expropriation of forest areas and pastures Surveying assets (Tree, Building, Wall, Well etc.) Along the construction corridor Obtaining the list of the owners of the areas which will be expropriated Announcing the expropriation and securing provisional rights to permanent land Valuation of the land Starting the compensation process Process of Private Land Acquisition Turkish Case All Steps for plot and ownership identification completed All assets on plots identified and inventory prepared Addresses of all owners for each plot obtained Valuation commission established, each plot is visited, all agencies contacted as specified by the Law to provide information relevant for land valuation Negotiation commission established Land owners contacted to attend negotiations Land owners attend negotiations Land owners non-responsive No agreement possible Land owner certifies disagreement Agreement on land transition reached Land owner refuses to certify disagreement New letter sent to owner Court Road to acquisition open Steps involved in Disputed Land Acquisition Establish commission at the county level Show actual land to the valuation commission Establish and document land value in accordance with Law Go to court Send documents to the defendant (landowner) Court Process First Court Date Settlement arrived Inspectors visit land Commission prepares report Second court date Inform Directorate of Land Announce decision in local paper Opposition from administration Second commission valuation Wait for opposition to decision 2nd commission report Third court date Court Decision Opposition to decision No opposition to decision Resolve in 180 days Deposit money for land and transfer deed Steps in Land Acquisition When Deed is in the Name of a Deceased Person Confirmation through communities that the owner is deceased Requesting birth registration documents to identify heirs Informal investigation of heirs’ addresses If addresses cannot be found, public notices are sent out Gendarmerie confirmation of heirs addresses Contacting heirs asking them to register their inheritance If there is success, invitations are sent for negotiations In case of failure seek Court authorization for inheritance determination Obtaining necessary documentation from registration office and village elderly committee Submitting to the court necessary documentation Court issues legal inheritance documentation recognizing the claims of heirs Court date set and heirs are called to court Land acquisition proceeds according to applicable law (see Chart on “Time Necessary for Acquisition – Public Acquisition Law No 2942 (D. 4650)”) Land acquired Estimated Process completion minimum 9 months Land Acquisition with joint owners of Registered land Land deed available but jointly owned Commission evaluates land / assets and determines a value A formal letter is sent to each owner, inviting them for negotiation Negotiations held No agreement Specific shares of individuals are known All owners disagree Specific shares of individuals are not known Some owners agree Share of disagreeing owner is needed Agreement Determination of shares and representative(s) by court, according to civil law Share of agreeable owner meets the needs Court Road to acquisition of land open Time Necessary for Acquisition – Public Acquisition Law No 2942 (D. 4650) Process Involved in Non-negotiated Cases Owners does not certifies disagreement Owners certifies disagreement Authority Informs Owner of Decision in by writing Authority Prepares Files Court Invitation for negotiation 30 days 1st Court Session Agreement Disagrees 10 days 1st Inspection by the Court Appointed Valuation Commission 30 days 15 days Valuation Report 2nd Court Session Agreement 15 days Disagrees 2nd Inspection by the Court Appointed Valuation Commission 15 days 15 days Valuation Report Appeals to the decision of this session can be made only to the High Court (Yargitay) 3rd Court Session 10 days Court Decision Value of Land Deposited in the Bank 15 days Deed transfer made 15 days 15 days Road to Land Acquired Open Estimated Process Completion Minimum 150 days If necessary, additional time for bank deposit RAP Main Features Identification of project impacts Policy/Legal framework for displacement Determining Characteristics of Affected populations Description of Compensation plan, resettlement assistance and restoration of livelihoods Description of Institutional responsibilities A framework for public consultation/participatory Provisions for redress of grievances Framework for Monitoring / Evaluation Detailed Budget Implementation timetable Few people are informed!! A relatively large percent of owners-users are informed of the Project but few have specific information on the size of the land affected and of the legal framework that provides protection to them. In fact, as late as May 2002, over 95 percent of the people did not know that the expropriation law had been changed. A substantial proportion of the affected communities are forest communities and residents are concerned of adverse impacts