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                    Joint Service Council For Solid Waste Management
                             Hebron & Bethlehem Governorate

        SOUTHERN WEST BANK SOLID WASTE MANAGEMENT PROJECT



                            RESETTLEMENT ACTION PLAN
                                      FOR
                                   LAND OWNERS



                                               June 2010



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                                                     i
                                     TABLE OF CONTENT


1. INTRODUCTION………………………………………………………………………….. 3

2. CENSUS SURVEY AND VALUATION OF ASSETS…………………………………. 3

3. DESCRIPTION OF COMPENSATION TO BE PROVIDED………………………….. 6

4. EXISTING LEGAL AND POLICY FRAMEWORK FOR LAND
ACQUISITION………………………………………………………………………………... 7

4.1 Introduction………………………………………………………………………………….………………… 7

4.2 Legal provisions for expropriation of private land and property…………………………………………….. 7

4.3 Procedures and mechanisms for land expropriation………………………………………………………… 8

4.4. Guidelines for court mediation in case of compensation disputes……………………………………….. 10

4.5 Gaps between active legislation in Palestine and the World Bank OP 4.12………………….................... 10

Policy compliance issues…………………………………………………………………………………………. 11

5. CONSULTATIONS WITH AFFECTED PEOPLE ABOUT ACCEPTABLE
ALTERNATIVES…………………………………………………………………................12

6. INSTITUTIONAL RESPONSIBILITY FOR IMPLEMENTATION AND
PROCEDURES FOR GRIEVANCE REDRESS…………………………………………. 13

7. ARRANGEMENTS FOR MONITORING AND IMPLEMENTATION……................ 15

8. TIMETABLE AND BUDGET……………………………………………………………. 15

APPENDIX 1: LIST OF LANDOWNERS………………………………………………….16

APPENDIX 2: LIST OF NAMES OF SOCIAL COMMITTEE MEMBERS……………..18

APPENDIX 3: LIST OF NAMES OF LAND ACQUISITION COMMITTEE
MEMBERS…………………………………………………………………………………… 18

APPENDIX 4: LIST OF THE REPRESENTATIVES COMMITTEE OF THE
LANDOWNERS………………………………………………………………………………18




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                                               ii
1. Introduction

The Southern West Bank Solid Waste Management Project includes the development and construction of
a regional landfill site at Al-Menya and related infrastructure (such as an access road), the development of
waste separation and waste hauling facilities and an improvement of the waste management system
including measures to mitigate short term problems on solid waste management.
In compliance with the Bank‟s Operational Policy 4.12, the following abbreviated Resettlement Plan
(ARAP) shall be implemented in order to ensure a fair economic compensation for the affected
landowners through a consultative and mutually agreeable process. This ARAP relates to the land needed
for the proposed construction of the Sanitary Landfill at Al-Menya and the related access road.

This Abbreviated Resettlement Plan covers the following elements:
(a) A census survey of displaced persons and valuation of assets; mid-2008)
(b) Description of compensation and other resettlement assistance to be provided;
(c) Institutional arrangements and consultations with affected people about acceptable alternatives;
(d) Existing legal and policy framework for land acquisition
(e) Institutional responsibility for implementation and procedures for grievance redress;
(f) Arrangements for monitoring and implementation; and
(g) A timetable and budget.

Several steps have been made to study and follow up the issues of the affected people resulting from
implementing the ARAP. This process was started by a wide public consultation process conducted by
the consultants who prepared the Environmental and Social Impact assessment study (ESIA) and
followed by several surveys and meetings held by the Joint Service Council of Hebron and Bethlehem
(JSC-H&B). A beneficiary Impact Assessment study (BIA) is planned to be launched at July 2010 which
will analyzes and shows the effect on the affected people including the landowners.

2. Census Survey and Valuation of Assets

In Al-Menya an area of about 23.5 ha is needed for the proposed regional landfill and 0.5 ha for a bypass
(access) road.
There are three extended families (or family clans) in the Sa‟ir Municipality (Hebron Governorate) own
the land resources that are needed for the proposed Al-Menya sanitary landfill. These include the
families of al-Mtour, Jabareen and al-Shalaldeh respectively. They have already agreed with the
JSC-H&B to sell the land. Four families own the site identified for the new part of the access road. They
have already agreed with the JSC-H&B to sell the land. These families are (al-Mtour, Jabareen,
Shaheen and Jaradat. None of these families actually live on the land. This information is based on a
number of site visits with surveyors as well as about a dozen stakeholder consultations. All the
landowners live in Sa‟ir city about 10 km away and the land is dry and unproductive. During the
consultations it has been documented that not a single landowner has objected to the sale/lease of the land
in question.

Although Al-Menya village falls administratively under the Bethlehem governorate, the Tax Property
Department of MoF at Hebron Governorate is responsible for the administration of the land resources at
the location needed for the regional landfill. The loss of land property for the current land owners relates
to the land needed for construction of cells, offices and buildings on the landfill and the associated access
road.

There are ten family clans owning the lands on which some of the wild dumpsites are located (see Table
1) Some of these are large land owners who are engaged in agricultural, live stock, other employment


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          (government sector), trade businesses and other activities while others are engaged in the construction or
          agriculture sectors as contractors or laborers. These lands are leased by the respective municipalities
          either on annual or monthly lease terms. A mutually agreed advance notice of termination of lease will be
          reached between the concerned PAPs, respective municipality and the JSC-H&B Land Acquisition
          Committee (Appendix 3).

          Indispensably, the Social Committee SC (Appendix 2) has a critical role to play especially in the
          implementation of the ARAP. Accordingly, the following are the roles for the SC to perform:
          1- Coordinate with land owners representatives and community representatives to ensure that adequate
          and accurate information is conveyed to the PAPs and that their interests are well represented.
          2- Leading the internal negotiations with the JSC-H&B and the landowners.
          3- Taking part in developing and implementing the monitoring plan is essential role for SC in the
          successful implementation of the ARAP.
          6- One of the most important duties that can be/ should be delegated to the SC is to manage
          grievances, complaints and conflicts between JSC-H&B and the landowners with regard to the
          implementation ARAP.
          In order to facilitate the communication and to ensure better understanding between the JSC-
          H&B and the landowners, a committee established by the land owners which consists of 5
          persons, (Appendix 4 presents the list of names of the this committee). The main role of this
          committee is to be a focal point ( a link) between the JSC-H&B and any relating committee or
          consultant. This committee is responsible for presenting all landowners concerns and to inform
          them about any actions and plans with JSC-H&B.

Table 1: Landowners of random dumpsites and conditions for rent and date of closing:
   Dumpsite           Landlord            Rent Form        Proposed                      Notes
   Location                                               Closing Date
      Al-           Nasser Abdel           Annually          9/2011         * If the landowner wishes to terminate the
   Daheryyah       Haleem Shaheen                                           contract, he must inform the municipality
                       Al-Tell                                              three months before. There is no any
                                                                            condition for the period in case that the
                                                                            municipality doesn't want to renew the
                                                                            contract.
      Beit         Yousif Ahmed             Monthly          12/2010        * The contract dosn‟t specify if one of the
    Ommar /       odah Al-Za‟qeeq                                           parties wanted to terminate the contract.
     soreef
    Beit Oula        Mohammed               Monthly           4/2011        * If one of the parties wishes to terminate the
                  Suliman Al-Adam                                           contract, he must inform the other three
                                                                            months before.
      Idna       Mohammed Ahmed             Monthly           4/2011        * The municipality can terminate (no renew)
                    abed Al-fatah                                           the contract, but it must inform the land
                     Tomaizeh.                                              owner before one month.
   Bani Naim      Public ownership         Annually          12/2010        * The contract was Terminated in 1/3/2009.
                  for Al-Manasrah
                        Clan
      Dura        Ahmed Abed Al-           Annually           1/2011        * The contract was Terminated since 2004.
                    nabi abed Al-



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                                                        4
               mahde Khamaisah
   Al-        To‟ma Ibrahim Al-      Annually        12/2010      * The contract was terminated since 2006.
 Sheoukh            halayka
  Sa‟ir        Public ownership      Annually        12/2010      * The parties agreed to renew the contract to
              for Al-Froukh Clan                                  1/3/2009. They closed the dump site in
                                                                  1/8/2008.The municipality paid him for the
                                                                  total period and get a clearance from the
                                                                  landowner. As per the contract, the
                                                                  municipality has to inform the landowner
                                                                  before one month.
                                                                  * It was agreed to use the dump site free by
   Noba        Emad Mohammad         Annually        12/2010      the municipality, the last date for use is
                   Al-hrop                                        31/5/2010.
                                                                  * If the parties want to terminate the contract
                                                                  the municipality Should Processing the land
                                                                  ready for Agriculture.
                                                                  * The contract was Terminated.
                                                                  * It was agreed to use the dump site for five
                  Ali Ahmad          Annually        7/2011       years, after that they agree to use the site till
                   Salameh                                        now in the same conditions of the previous
   Al -           Mohammed                                        contract )the contract renewed automatically)
 'Ubeidiya
                Mubarak Family       Monthly         8/2011       * If one of the parties wishes to terminate the
                                                                  contract, he must inform the other six months
                                                                  before.
Dar Salah                                                         * There is committee representative of mubark
current                                                           family.
                                                                  * If One of the parties wishes to terminate the
                  Khaled Ali         Monthly         7/2011       contract, he must inform the other one months
Zaatara           Mohammed                                        before.
Tquo' 2 –                                            2/2011       * It used for Free.
Shuirat                -                 -
current
                                                     2/2011       * It was Used for Free
Tqou' old              -                 -
Nahhalin               -                 -           12/2010      Not Used since six years and there is no lease
old                                                               contract.
                                                     12/2010      Not Used since six years and there is no lease
                       -                 -                        contract.
Battir old
                       -                 -           12/2010      Not Used since seven years and there is no
Husan lost                                                        lease contract.

        The TOU of JSC-H&B held a meeting at January 19, 2010 with all Local Authorities leasing
        lands for wild dumpsites in Hebron Governorate. The Local Authorities were informed that:



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- They should notify the land owner, that they will not renew the lease contract immediately to
insure that they know in advance that the contracts will not be renewed and the owners are
notified in advance even before the required time stated in the contract. They were informed
about the expected date of closure of their wild dumpsites.
- They should consult the municipality council and the land owners about special needs or
arrangement for closure to be taken into account in the closure process.
- A similar meeting was held with the Local Authorities in Bethlehem Governorate at January
21, 2010 with the same discussion.


1.    Verification of Land Ownership: There are generally uncertainties with ascertaining land titles in
the West Bank. As such, challenges and risks exist when investigating land ownership and land titles in
the area, especially when Area C is involved because the scope of land searches is more limited. The JSC-
H&B has contracted a legal counsel to provide assistance in verifying land titles and in the acquisition
process. According to this legal counsel, the land for both sites is documented in a local tax register which
issued tax receipts (Ikhraj qaid-property tax extract). In addition, the Israeli Civil Administration (ICA)
issues tax receipts (ikhraj qaid/ “property tax extract”) to landowners on the basis of which it charges
taxes. In the case of death of a landowner a family would typically seek a court judgment on their
respective shares of the estate, distributed in accordance with Islamic shari‟a law. The court judgment
(“succession deeds”) shows each descendant‟s share of the land. The local counsel hired by JSC-H&B
will review such documentation and where the tax receipts or shari‟a court judgment are not available the
local counsel will seek to obtain these documents to formalize ownership. As part of the process the local
counsel reviewed, verified and confirmed that no land disputes are associated with the land in subject. He
also worked with the project director and the Sa‟ir municipality in superimposing the land blocks and
parcels on top of the survey map; prepare legal agreements (sale contracts) to be signed between the JSC-
H&B and the land owners; carry out a Market Price search of land; and participate in the negotiations
with the land owners. Another counsel provided the Bank with a legal opinion confirming that the legal
documents relating to the land acquisition have been executed and delivered on each party‟s behalf and by
the confirmed legal owners of the land, and are legally binding upon each party.


Land Valuation Process: The consultant has carried out a review of the current market values for the
land surrounding the land in subject and to recent sale or lease transactions. The results showed that an
estimated US$5000 per dunum (land value), and US$250 – 350 per dunum (annual land lease price)
would be an adequate compensation scheme based on the estimation of the experts in this field. These
values were further confirmed or revised after negotiation by the land acquisition subcommittee which
consists of members of the JSC-H&B, two experts on land appraisal and representatives from the land
owners aided by the legal advisor with the participation of the Sa‟ir municipal council head (See Annex
2) to finalize the appropriate compensation values. The final compensation value was Jordanian Dinar JD
6,000 per dunum for the land and JD 17,000 for the access road. These figures were further confirmed by
another committee established from the Palestinian Authority Ministries including Ministry of Finance
(Land Department), Ministry of Public Works, Contractors Union and Engineers Union. This external
committee verified the compensation value as mentioned above.

3. Description of compensation to be provided

This ARAP considers the following Monetary Compensation scheme:

       Monetary compensation is aiming at full compensation of costs of property, and fair
        compensation for other losses incurred through long term lease or sale. The JSC-H&B Land


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                                              6
        Acquisition Committee negotiated the acquisition contracts with the representatives of the family
        clans that own the land needed for the new regional landfill and the access road. The landowners
        have indicated willingness to sale the land needed for the regional landfill and to sell the land
        needed for the on-site infrastructure and the by-pass road. Still, the land acquisition would
        technically be involuntary and therefore this ARAP has been prepared. A land acquisition
        contracts was negotiated, which specified the conditions of the transfer including the
        compensations that will be paid which is JD 6,000 per dunum for the land and 17,000 per dunum
        for the access road.

4. Existing legal and policy framework for land acquisition

4.1 Introduction
The Palestinian National Authority has established a system for expropriation of land and property in the
public interest that is based on the Jordanian Land Acquisition Law. Section 4.2 outlines the existing
legal and policy framework relating to the expropriation of private land. Section 4.3 presents the official
procedure and responsibilities in the acquisition of private land for a public interest. Section 4.4 explains
the guidelines for reaching a compromise between the owner and the expropriating body about the steps
and identifies some compensation and procedural issues that could require special attention to ensure that
the project remains in compliance with requirements for Bank financing procedures. Section 4.5 identifies
the gaps between local policies and legislation in Palestine and World Bank Group policies, and presents
project specific mechanisms to address the gaps. The actual implementation structure in relation to the
SWMP is described later in Section 6.

4.2 Legal provisions for expropriation of private land and property
Legal instrument Land acquisition is done under a single piece of Jordanian legislation, Decree (12) of
1987, commonly referred to as the Land Acquisition Law (LAL). The LAL applies in all cases and to all
concerned institutions. The key articles of the LAL are discussed in this section in the context of World
Bank guidelines for land acquisition and resettlement.

Condemner: The LAL specifies (Article 7) that the condemner of the property is the Government
organization, any municipal or local council, or any private body such as a company, organization,
society or individual implementing a project, including the government in one of the previous positions

Land Owner: The LAL specifies (Article 7) that the owner of the property is the person in whose name
the property is registered at the Land Registry Office. If the property is not registered, the person seizing
(i.e. in de facto possession of) the land on the day of issuance of the Council of Ministers‟ Resolution to
acquire shall, for the purposes of compensation, be considered the owner. This stipulation does not
preclude anyone else from claiming ownership through the courts. The entitlements of legally-established
renters are also confirmed. In the case of multiple ownerships, it is the general practice of the government
to deal with the owners as a body and to ask them to select - based upon consensus - a representative to
act and negotiate on their behalf. Nonetheless, all owners (shareholders) will be entitled to property
compensation according to their shares, and payments will be made directly to each individual landowner.

Compensation for improvements and water rights: Compensation for farmlands may include
separately itemized compensations for features such as walls, greenhouses, wells, water rights, etc.

The LAL in Article 10 states clearly that compensation should be fair to all PAPs, both owners and
renters. Owners should be compensated for their properties including (buildings, improvements, trees,
etc.) at full replacement cost. In principle, any damage or injury may be compensated. Judgements on the
LAL in 1996 confirm this position: “The property appropriated is the land and the buildings, trees and



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                                              7
other fixtures on it including the water tank built in the land. Claiming for equitable compensation
includes all that is in the property”.

The loss of water rights also attracts compensation: “That the appropriation of the land which includes
water spring by the Water Authority does not include the waters of that spring. The owners if the land
was irrigated from the spring shall have the right to claim for compensation due to harm accrued to their
land as a result of depriving it from the right of irrigation.”

Crops and trees: Under the LAL, tree and annual crops are subject to compensation but no guidelines are
defined expect that the expropriation shall be in consideration of an equitable compensation.

Under past practice Tree Crops have been compensated on the basis of a flat rate single payment defined
according to a schedule developed for this purpose based on the type and age of tree. This schedule is
dated, and is widely believed to lead to the underestimation of asset values. The courts have often
increased compensation substantially after receipt of independent valuation reports.

Amount of Compensation Payable to Renters: The LAL caps the awards to renters proportionately as a
percentage of the compensation for the plot. The maxima are:

       15% if the compensation is for occupation for industrial or commercial purposes, and,
       5% if the property is occupied for any other purpose.

The LAL does not preclude private agreements between renters and owners. In conjunction with other
laws, a settlement without the agreement of the renter is extremely unlikely.


4.3 Procedures and mechanisms for land expropriation

The LAL lays down the following procedure for the acquisition of land.

Table 4.1.Land Expropriation under Decree 12, 1987

                               JSC of Hebron and
                                 Bethlehem with
                                                                                  Project Affected
          MDLF &             support of Palestinian     Other Government
                                                                                      Persons
        Municipalities*          Land Authority              Agency
                                (PLA) as Agent of
                                    Proponent
   Step 1: MDLF and the      Step 2: The Director of                            Any objection on
   concerned                 PLA announces in 2                                 principle to the
   Municipalities provide    daily newspapers the                               acquisition must be
   PLA detailed              government's intent to                             lodged within 30
   information on the land   expropriate specified                              days of publication
   and properties to be      land, providing full                               of the intent to
   expropriated              details.                                           acquire.
                                                       Step 3: 30 to 90 days
                                                       later the case is
                                                       presented to the
                                                       Prime Ministry for
                                                       ratification, which


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                                              8
                                                        must take place
                                                        within 6 months
                                                        starting 30 days after
                                                        the announcement of
                                                        intent to expropriate.
                             Step 4: The ratified
                             decision is published in
                             the official newspaper
   Step 5: MDLF and          Step 6: PLA and JSC
   Municipalities will       Hebron and Bethlehem
   conduct inventory         form a committee to
   survey to state things    estimate compensation
   as they are               “that includes five
                             officials** Evaluations
                             are based on current
                             land values and prices
                             of land with a similar
                             quality.
                             Step 7: Details of all                              Step 8: Affected
                             the land units included                             persons have 30 days
                             in the Prime Ministerial                            to discuss
                             decision is announced.                              compensation with
                             This should include;                                concerned
                             names of the owners,                                authorities. Owners
                             and the name and                                    have the right to
                             number of the unit.                                 object the offered
                                                                                 compensation and
                                                                                 request mediation.
                             Step 9: JSC/PLA may
                             form second committee
                             to conduct a second
                             evaluation
                                                        Step 10: The level of    Step 11: If no
                                                        compensation is          agreement is reached,
                                                        finalised on             owners have recourse
                                                        ratification by the      to the Courts.
                                                        Ministry of Finance.
                                                        Step 12: Judicial
                                                        involvement when no
                                                        agreement is reached.

*The agency concerned in this case is the Joint Service Council of the Southern West Bank that is
supported by the Municipal Development and Lending Fund.
**
  The officials are the regional directors of the four ministries: Public Works; Finance; and Agriculture
together with a representative of the PLA and the Audit Bureau. Although the composition is official, the
law specifically empowers the Director of PLA to call upon any advice in a review of compensation if
necessary.




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4.4. Guidelines for court mediation in case of compensation disputes

If the compensation negotiations are unsuccessful, and the condemner and owner fail to reach an
agreement, court mediation can be requested by one or both parties. For developing a compromise, the
court must take into consideration the following guidelines:
 1. Not to influence the leasing fees since the property was condemned without the consent of the owner.
 2. Taking into consideration the value of the land parcels adjacent to the condemned land that are of the
     same land quality regardless of the Condemner‟s intentions for changing the land utilization.
 3. Fair compensation is to be achieved by assessing the current market value of the property if the land
     would have been sold on the day that the government published its intention to expropriate the
     property, and disregarding any improvements or developments after the verdict was posted in the
     Official Gazette.
 4. When estimating the leasing fees to be paid to the landowner, the Court appraises the yearly rental
     fees equivalent to that on the official notification date of the Cabinet‟s decision.
 5. When assessing the losses due to damage the Court estimates the compensation based on the amount
     of decrease in the property‟s value as in the previous points.
 6. Reduction in the value of the portion of the property not acquired must be estimated for which the
     owner is entitled compensation; in no case must the amount exceed half of that entitled by the
     landowner.
 7. Take into consideration the harm done to the owner as a result of portioning the land property or as a
     result of the practices delegated by this Law.
 8. The accrued amount is not to be paid to those concerned before the Registrar of Titles issues a
     certificate that states property is not subject to any mortgage payments. In that case the amount must
     be deposited in the State Treasury.
 9. If the amount is deposited in the State Treasury since the owner did not present official documents or
     for any other reason, it must be kept for one year from the date of the final verdict except in cases
     that the Court sees that the amount can be disbursed before such as if the compensated person were
     to present an official document from the Land Registration Department stating the ownership of the
     land or infrastructure proving the entitlement to compensation.
 10. The compensation or leasing fees paid to the State Treasury or the entitled person(s) frees the
     condemner from any claims related to the land.

Finally, and after the compensation has been paid to the land owners by the State Treasury, regardless of
whether or not the amount has been agreed upon or has been estimated in the knowledge of the Court, the
title to subject property is transferred to the Condemner by the Director of PLA.


4.5 Gaps between active legislation in Palestine and the World Bank OP 4.12

Many of the key tenets of the WB‟s OP 4.12 are covered in full or in part by current Palestinian
legislation. This includes:
     The requirement to pay compensation where land is compulsorily acquired;
     The need to compensate for the acquired property based on full market value of the property at
         the data of the verdict;
     The requirement to compensate for losses, whether temporary or permanent in production or
         damage to productive assets and crops; and
     The provision for pre-judicial avenues for resolution of disputes and rights of appeal.




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                                              10
There are, however, six broad areas where provisions required under OP 4.12 extend beyond those
required under Palestinian legislation. These are as follows:

 Resettlement planning and procedural requirements
There is presently no requirement to prepare a formal Resettlement Action Plan (RAP) under Palestinian
law, nor to undertake any of the component activities of a resettlement action plan such as, a „census‟,
socio-economic survey, consultation with project affected people, monitoring or reporting. There are no
specific references in the legislation to „involuntary resettlement‟. Also, there is no explicit consultation
requirement in Palestinian law.

 Compensation eligibility in Palestine
The categories of people who must be compensated under Palestinian legislation are narrower than those
defined under OP 4.12. Under the legislation, the only people and entities entitled for compensation are
those with registered property rights, for example, registered landowners, leaseholders, users and those
with registered third party rights or those who have legally obtained the right to register their title but
whom, for some reason, have not completed registration. This potentially precludes many categories of
affected people that would be entitled to compensation under the OP 4.12.

 Provisions for illegal land use in Palestine
Palestinian law does not make provision for people with no legal title, although there have been some
cases where practice on the ground has differed from the legislation. This practice on the ground does
adhere to the World Bank OP 4.12; but as it is not in law, it is conducted on a discretionary case-by-case
basis and is not systematically monitored.

 Extent of Compensation and Resettlement Assistance
Under the current legislation in Palestine, compensation is payable for loss of land, buildings, crops,
profit and other damages arising from the acquisition of land for a project. However, moving cost or
rehabilitation support to restore the previous level of livelihood is not recognized under the Palestinian
law as a responsibility of the government, and no government agency is charged to carry out such a
responsibility.

 Property measurement
Under the WB safeguard policies, compensation for lost properties will be calculated based on full
replacement cost, in other words, compensation should be equal to what enables the Project Affected
People (PAP) to restore their livelihood at the level prior to the resettlement. Under the Palestinian law,
compensation is equal to the market value of lost properties, but there is no explicit reference to
depreciation.

 Income restoration
Under the OP 4.12, lost income resulting directly from project implementation should be compensated.
Palestinian law, however, does not recognize compensation for such lost income.


Policy compliance issues

There are areas or issues that might arise where the detailed provisions of the Bank policy on
Resettlement might not be fully satisfied by the provisions of Palestinian law or practice. Some of these
issues do apply to the SWMP. Where issues might arise, special project specific arrangements are
indicated in order to ensure compliance with OP4.12.




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                                              11
In SWMP the expropriating body is the Joint Service Council of Southern West Bank and the
implementing bodies are municipalities rather than a central government ministry. The municipalities are
elective, responsive to local public opinion and dependent on the goodwill of their citizens and
inhabitants, while qualified and experienced JSC/MDLF project staff will provide technical assistance
and monitor these cases to ensure that they fully meet the requirements of compliance.

The Palestinian LAL process is not inherently consultative, providing for administrative and legal
processes of notification, objection, assessment, negotiation and complaint resolution. The Bank's policy
places more emphasis on introducing a consultative element.

In SWMP the small and highly localized scale of the expropriations supports an approach of small group
negotiations with those families and small businesses directly affected, led by the municipalities with
technical assistance from JSC.

Less affluent, less influential or less educated people may be at a disadvantage in a system where the
process of estimation of compensation is dominated by official representation; where there are no clear
guidelines, procedures or timetable for negotiations particularly in light of the threat of demolition; and a
time-consuming and expensive judicial process is only really available to those who can afford it.

One particular category of affected persons could be at risk:

        Women: The data collected from project area regarding property ownership indicated that no
        plots were registered in the name of women, but a few females have land shares with others.
        However, there are numerous mechanisms under the law that provides absolute security of rights
        to any female PAP to any compensation due under the project. Therefore, female owners are
        entitled to property compensation according to their shares;


5. Consultations with affected people about acceptable alternatives

As indicated above, a number of public consultation sessions and field visits were carried out to ensure
that comprehensive information was available to the affected people and their interests in the MSW plan.
During these meetings the representatives of the three extended families who own the land (See Annex 3)
have without exception indicated a willingness to sell the land needed for the regional landfill and to sell
the land needed for the on-site infrastructure and the by-pass road. The consultation process also included
a site visit to the current new landfill site in Jenin, financed by the Bank.

The representatives of the extended families that own the land required for the landfill site and the access
road have confirmed that they have been appointed by consensus to represent all the land owners and
have been authorized to negotiate the land acquisition contracts with the representatives of the competent
authority. The clan leaders have a moral obligation to keep the family members well informed, to
consider their interest and wishes, and to resolve any internal family dispute in an informal manner.

  Type of     Category of PAP          Proposed Entitlement                   Remarks
  Losses
                                    Compensation on the basis       JSC decides on permanent
 Loss of                            of current market value of      acquisition on future land use
             Legal owners
 land                               the land at time of verdict     (by-pass road, infrastructure
                                    announcement                    landfill, and landfill area




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                                              12
      6. Institutional responsibility for implementation and procedures for grievance redress

      The following scheme provides an overview of the institutional responsibilities for implementation the
      Resettlement Action Plan.

 Implementation
                     Agency                                                Responsibilities
     Stages
                     Municipal Development       1. Prepare RAP and disclose them
                     and Lending Fund            2. Assist in securing the necessary financial resources for
                     (MDLF)                         compensation
                                                 1. Final definition of lands and conditions for acquisition
                    JSC-H&B                      2. Formation of the Land Acquisition Committee
                                                 3. Formation of the Social Committee
                    Palestinian Land Authority Final confirmation of land ownerships of the land to be acquired
Project Preparation
                                               1. Identification all affected persons, advising them of their rights,
                                               2. Disclose locally the ARAP to affected persons,
                                               3. Follow-up all matters of public and NGO concern with regard to
                    Municipality
                                                  any complaints that may arise during the implementation process.
                                               4. Direct contacts with affected persons either individually or in
                                                  groups.
                    Ministry of Finance        Allocate budget for compensation
                                                 1. TORs for Land Acquisition Committee, Social Committee and
                                                    NGO livelihood support package
                                                 2. Conduct consultation meetings with the project affected people at
Negotiations        JSC-H&B / Municipalities
                                                    the new and old land fill sites, inform them about the ARAPs and
                                                    their right to obtain compensations, and explore their priorities
                                                    and preferences
                    Municipality / JSC-H&B Implement ARAP
                    Municipality               Undertake community liaison (day to day operation)
                                               1. Establish values for compensation
                                               2. Adjudicate on grievances
                    Land Acquisition           3. Plan negotiation and establish final offer
                    Committee of JSC-H&B       4. Recommend acceptance of compensation- package to Ministry of
                                                  Finance
                                               5. Adjudicate on appeal against land acquisition values to courts
                                               1. Coordinate with land owners representatives and community
                    Social Committee of JSC-        representatives to ensure that adequate and accurate information
                    H&B                             is conveyed to the PAPs and that their interests are well
                                                    represented.
                    Ministry of Finance        Certify compensation agreements and transfer funds to PAPs
                                               Final say in disputes regarding ownership rights and compensation
                    Courts
                                               that cannot be solved amicably.
                    External Monitoring        Ensure compliance with funding agreements

      Grievance

      The following procedures for grievance redress are in place:

      Informal: A further public meeting was convened at which landowners elected representatives amongst
      themselves to represent them at the Social Committee. At this public meeting, which was announced in


      _____________________________________________________________________________
                                                    13
advance (announcement in the municipality of Sair and a call in the Mosques of the town and personal
invitation to all land owners), the JSC-H&B had handed out a full list of landowners‟ names and their
respective ownership shares. If a landowner believes that his or her shares is incorrect, s/he can first of all
approach the social committee, which will include the landowner representatives following the public
meeting, to find a solution or investigate the claim. A full list of land owners is annexed in Annex 1,
knowing that all of them receive their compensation value which was verified in the legal opinion.

Appeal Against the Intent to Expropriate. Since the land was purchased from land owners and to ensure
that the process was known to all and as a condition for licensing, an announcement in two Arabic news
papers, Al Quds and Al Ayyam at (May 22, 2010), and another Israeli news papers, Haarets and Maareef
(May 25 and 26 , 2010 respectively) , Up to 60 days after publication of the intent to implement the
project in the newspapers, written appeals against the project may be lodged with JSC-H&B and ICA. All
appeals will be acknowledged in writing and considered by JSC-H&B, together with the municipality
concerned. The appeals that may be accommodated through design modification will be taken into
account.

Appeals on the ground of disputed ownership. Disputes may arise over who is entitled to compensation.
Lack of formal documentation over the status of a piece of land or tenancy agreement may lead to such
disputes, affecting ARAP implementation. In such cases the further verification of status by the
Palestinian Land Authority and the Municipality will be necessary. This may include a variety of
documentation:
     Copies of land titles, mortgage deeds, revenue receipts or other legal tender showing ownership
        of tenancy;
     In the case of renter farmed or rented land, documentary evidence of the understanding between
        the landowner and the renter; and
     For proof of residence, voters list or any other official record.

The municipality will attempt to facilitate an agreement with representatives of the landowners within the
project framework, and if failing the case will be referred to the Court for resolution. Individual
landowners or tenants have the right and may wish to appeal through Court proceedings. The judgment of
Court about disputed titles, tenure agreements or ownership will be binding for all parties.

Appeal against the Compensation Valuation. The Court will hear appeals against assessed levels of
compensation put by a group or individual landowners.. Article 10 of the Palestinian LAL states that
failure to agree on compensation schemes could lead to referrals to the Court. The Court will review each
case put to it and reach one of three recommendations:
      Confirm the original offer;
      Propose a revised offer at the hearing; and,
      Establish new guidelines for the development of a revised offer to be developed under
         negotiation.

If agreement is still not reached under revised guidelines, the Municipality will confirm the details of the
last offer in writing to the persons concerned or their legitimized representatives and refer the matter back
to the court. The judgment of Court will be binding for all parties. The acquisition process will proceed on
the basis of the changes in the compensations that the Court orders.




_____________________________________________________________________________
                                              14
7. Arrangements for monitoring and implementation

Four forms of ARAP monitoring are foreseen:

       Internal Monitoring. The JSC-H&B will undertake internal monitoring of ARAP implementation,
        and the social specialist of the JSC-H&B‟s TOU will work closely with the landowners and other
        people affected near the landfill site (for example communications with owners of nearby houses)
        and will document any meetings. The JSC-H&B will monitor the progress of ARAP
        implementation against predetermined performance targets, and facilitate the work of the external
        and independent monitors through effective record keeping and the preparation of periodic
        Project Progress Reports. The Municipalities will provide early warning of ARAP-related project
        difficulties and concerns and will ensure affected persons concerns are adequately addressed by
        the project. The JSC-H&B and the Municipalities will jointly ensure that payments are made to
        the correct individuals in accordance with the compensation agreements.

       Consulting Firm Participation (Beneficiary Impact Assessment BIA): A consulting firm will be
        contracted by the JSC-H&B to conduct an assessment for all affected people and beneficiaries
        ,weather positive or negative, including the land owners and even the value of the lands
        surrounded to the proposed purchased land.

       Bank monitoring. Bank supervision missions will regularly and systematically review the
        progress of ARAP implementation and reference their findings in aide-memoirs.

       Independent mid-Term/End of Project Evaluation. An independent review of implementation
        progress and any problems will be commissioned prior to mid-term review and discussed during
        the MTR mission. This review will undertake field visits and will hold consultations with project-
        affected persons in order to determine their experiences, document problems, solutions and any
        unresolved issues, with recommendations. Action taken on this review shall constitute a
        component of the project Implementation Completion Report, as required by Bank procedures.
        The Bank does not consider a project fully complete until satisfactory ARAP outcomes are
        registered.


8. Timetable and budget

The expenses involved in this ARAP are the costs that the project has to cover for compensation of land
acquisition to landowners. Section two presented the principles on which the costs have been estimated.
The budget related to this ARAP can be summarized as follows (in US$):

                                                                            Al-Menya
                         Compensation Parameter
                                                                           Costs (US$)*
                       Land Acquisition for landfill(254 dunums             2,159,000
                       @US$8,500 per dunum**)
                       Land Acquisition for access road(2.8                    68,000
                       dunums @$24,300/dunum)


** The ARAP is exposed to several factors that might influence its effectiveness to reduce the social risks that are
connected with the implementation of the proposed project. These risks are related to influential stakeholders at
local and supra-local level who try to racket the compensation schemes or that the particular concerns and interests
of vulnerable groups are poorly articulated and represented in the dialogue platforms. The ARAP has presented the


_____________________________________________________________________________
                                              15
policies and objectives designed to safeguard the interests of PAPs that might be negatively affected by the project
so that the social risks are minimized and regional and local support for the project is strengthened.

The final list of land owners is finalized including documenting land ownerships. The JSC-H&B has
secured the monetary compensations from the Ministry of Finance with a share of 90% and a 10 % from
the JSC-H&B own budget collected from municipalities members in the JSC


Appendix 1: List of landowners

           NO                                               Name
           1.          Isma'eel abed- alhameed ahmad jabareen
           2.          Sharef ali hoseen mesh'al
           3.          Mohammad ali hoseen mesh'al
           4.          Isma'eel abd-alraheem ahmad al-mtor
           5.          Yousef abd-alqader yehya al-mtor
           6.          Soliman abd-alhi abd-alqader al-mtor
           7.          Abd-aljabar abd-alrahman mohammad al-mtor
           8.          Mohammad hoseen salman shalaldah
           9.          Isma'eel saber ahmad shalaldah
           10.         Ibraheem saber ahmad shalaldah
           11.         Issa ali salman shalaldah
           12.         Mohammad hassan abd-alhameed al-jbareen
           13.         Abd-alazez abd-alfatah abd-alnabi shalaldah
           14.         S'od abd-alfatah abd-alnabi shalaldah
           15.         Hoseen abd-alqader abd-alnabi shalaldah
           16.         Mohammad salamah mohammad shalaldah
           17.         Ibraheem 'eed mohammad al-mtor
           18.         Ahmad issa ali shalaldah
           19.         Jihad mohammad abd-alo'te al-shalaldah
           20.         Ahmad hassan salman shaladah
           21.         Abd-alfatah mahmood salman shalaldah
           22.         Na'eem mahmood abd-alqader shalaldah
           23.         Nathmi mahmood abd-alqader shalaldah
           24.         Issa abd-allah jad-allah shalaldah
           25.         Mosa abd-allah jad-allah shalaldah
           26.         A'esh mofdi yousef shalaldah
           27.         A'mna mofdi yousef shalaldah
           28.         Mohammad fahmi sabri abd-alrahman shalaldah
           29.         Mohammad fahmi sabri abd-alrahman shalaldah
           30.         Mohammad abd-alfatah abd-alqader hassan
           31.         Naef mohammad issa
           32.         Shafeq abd-aljaleel abd-almahdi al-mtor


_____________________________________________________________________________
                                              16
         33.       Yasser mohammad abd-alhadi al-mtor
         34.       Mohammad abed abd-alraheem al-mtor
         35.       Atef khaleel salman awad
         36.       Firas khaleel salman yousef
         37.       Mohammad mohammad abd-alqader al-jbareen
         38.       Jameel mohammad ibraheem al-lhaleh
         39.       Mosa shehda ahmad shalaldah
         40.       Mohammad jaber abd-alqader shalaldah
         41.       Ahmad abd-alhameed abd-alfatah yehya
         42.       Mohammad fahmi sabri abd-alrahman shalaldah
         43.       Mohammad hassan hamdan saleh
         44.       Mohammad younes mohammad shalaldah
         45.       Ahmad abd-alfatah abd-alnabi shalaldah
         46.       Mahmood shehda ahmad shalaldah
         47.       Hjaze abd-all'al mahmood al-mtor
         48.       Mohammad ali mohammad shalaldah
         49.       S'ood hassan mohammad al-mtor
         50.       Abd-alazez mohammad nassar alshalaldah
         51.       Mohammad abd-alhameed mohammad alshalaldah
         52.       Ragheb ahmad mohammad al-mtor
         53.       Issa jadoo' mostafa shalaldah
         54.       Mohammad abd-alhaleem khaleel al-lahaleh
         55.       Abd-alfatah ibraheem hassan shalaldah
         56.       Issa khaleel hassan wadi
         57.       Ali mosa khaleel alshaladah
         58.       Shaheen saber abd-alqader alshaladah
         59.       Khaleel mohammad ahmad shalaldah
         60.       Mahmood ahmad yousef shalaldah
         61.       Hassan ata-allah al-shalaldah
         62.       Yousef abd-alhameed abd-alazez jaradat
         63.       Mosa abd-allh sallameh al-lahaleh
         64.       Mosa hassan ali al-mtor
         65.       Fatima abd-alraheem ahmad al-mtor
         66.       Jameel abd-allatef abd-alhameed almtor
                    Names for Landowners of the Access Road
         67.       Abd-alrahman darweesh mohammad al-jaradat
         68.       Yousef isma'eel salem al-jaradat
         69.       Hjaze saqer salem al-jaradat
         70.       Mohammad ali hassn jabareen
         71.       Shaheen isma'eel salem al-jardat
         72.       Sharif ali hossen salem jaradat


_____________________________________________________________________________
                                              17
Appendix 2: List of names of social committee members

No                   Name                                       Local Authority
 1    Zahran Abo Qbeta                          Mayor of Yata Municipality
 2    Nayef Al-mahayna                          Joint service council of yata
 3    Waleed Abo- sharar                        Joint service council of Dora
 4    Radwan Al- manasra                        Mayor of Bani Na'im Municipality
 5    Yasser Dwaik                              Executive director of JSC-H&B
 6    Ahmad Sokar                                Social specialist of JSC-H&B


Appendix 3: List of names of land acquisition committee members

        No                       Name
        1     Khaleel ali awad hamamereh
        2     Adnan Hashem Mohammad Hejaze
        3     Ahmad Shehdah Ata Al-arameen
        4     Nadi Mosa Thalji jaradat

Appendix 4: List of the representatives committee of the landowners

        No                       Name
       1      Ismaeel ahmad al-mtor
       2      Ra,eb ahmad al-mtor
       3      Yousef abd-alhameed jaradat
       4      Ibraheem hamdan al-mtor
       5      Zayed abd-alhadi almtor
       6      Abdallah mohammad al-mtor
       7      Mohammad hassan jabareen




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                                              18

				
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