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