Structure and Content of the Resettlement Policy Framework by pqhJNdjb

VIEWS: 11 PAGES: 85

									SUBMITTED TO:
Republic of Yemen
Ministry of Electricity and Energy
                                                                  Al Mokha 60 MW Wind Farm
                    EcoConServ Environmental Solutions                 Project (MWFP)
                    12 El Saleh Ayoub, Zamalek,
                    Cairo, Egypt 11211                                Republic of Yemen
                    Tel: + 20 2 27359078 – 2736 4818
                    Fax: + 20 2 2736 5397
                    E-mail: genena@ecoconserv.com
                    URL: http://www.ecoconserv.com
                                                                  RP1168 v2
                                                                      RESETTLEMENT
                    JET for Engineering & Trading
                                                                   POLICY FRAMEWORK
                    Riyad (Hayil) Street, Al-Ghail Building 1st
                    Floor, Suite no. 1, Sana’a,
                    Republic of Yemen, P.O. Box 2379
                    Tel.: + 967 1 212 567                               May 8, 2011
                    Fax: + 967 1 211 097
                    E-mail: jetyemen@yahoo.com
                    URL: http://www.geocities.com/jetyemen
Al Mokha 60MW Wind Farm Project                                                  Resettlement Policy Framework (RPF)


TABLE OF CONTENTS

LIST OF TABLES................................................................................................................... 3

LIST OF FIGURES................................................................................................................. 3

LIST OF BOXES ..................................................................................................................... 4

LIST OF ABBREVIATIONS ................................................................................................. 5

GLOSSARY ............................................................................................................................. 6

EXECUTIVE SUMMARY ..................................................................................................... 8

CHAPTER ONE: PROJECT SPECIFIC INFORMATION............................................. 12
 1.1 Al Mokha Wind Farm 60 MW Project (MWFP) ..................................................... 12
    1.1.1 Project Background ............................................................................................. 12
    1.1.2 Project Objective ................................................................................................. 12
    1.1.3 Project Proposed Location and Components .................................................... 12
 1.2 Principles and Objectives Governing Resettlement Preparation And
 Implementation ................................................................................................................. 15
    1.2.1 Policy Principles ................................................................................................... 15
    1.2.2 Policy Objectives .................................................................................................. 15
    1.2.3 Policy Coverage .................................................................................................... 15
 1.3 Preparing and Approving Resettlement Plans ......................................................... 16
    1.3.1 Resettlement Instruments ................................................................................... 16
 1.4 Estimated Population of PAPs and Categories of PAPs .......................................... 17
 1.5 Eligibility Criteria ....................................................................................................... 19
    1.5.1 Compensation under Land Ownership.............................................................. 19
    1.5.2 Compensation under Severity of Impact ........................................................... 19
    1.5.3 Establishing Procedures and Eligibility Criteria .............................................. 20
 1.6 Compensations and Methods for Asset Valuation ................................................... 20
    1.6.1 Asset Valuation .................................................................................................... 20
    1.6.2 Asset Valuation Method ...................................................................................... 20
    1.6.3 Compensation....................................................................................................... 21
 1.7 Organizational Arrangements for Entitlement Delivery ......................................... 22
    1.7.1 The World Bank .................................................................................................. 22
    1.7.2 The Project Management Unit (PMU)............................................................... 22
    1.7.3 Local Authorities (Local Councils) .................................................................... 23
    1.7.4 Non Governmental Organizations (NGOs) ....................................................... 23
    1.7.5 External Consultant(s) ........................................................................................ 24
 1.8 Implementation Process and Linkage to Civil Works ............................................. 24
    1.8.1 Resettlement Plans ............................................................................................... 24
    1.8.2 Timeframes ........................................................................................................... 25
    1.8.3 Linking Resettlement Implementation to Civil Works .................................... 25
 1.9 Grievance Redress Mechanisms ................................................................................ 26
    1.9.1 Objective of Grievance Redress.......................................................................... 26
 1.10 Sources of Financing for Funding Resettlement .................................................... 28
 1.11 Consultation and Participation ................................................................................ 28
    1.11.1 Notification Procedure ...................................................................................... 28
    1.11.2 Public Consultation Mechanisms ..................................................................... 28
 1.12 Monitoring and Evaluation Arrangements............................................................. 29
    1.12.1 Internal Monitoring ........................................................................................... 30
    1.12.2 External Monitoring .......................................................................................... 30

   CHAPTER TWO: YEMENI LEGAL AND INSTITUTIONAL FRAMEWORK ..... 32

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Al Mokha 60MW Wind Farm Project                                                   Resettlement Policy Framework (RPF)


   2.1 Main National Legislation that Regulates Land Acquisition .................................. 32
      2.1.1 Land Ownership within the Yemeni Legislations Framework........................ 33
      2.1.2 Privately Owned Land ........................................................................................ 33
      2.1.3 State–Owned or Government Land (Miri) ........................................................ 34
      2.1.4 Communal Land .................................................................................................. 35
      2.1.5 Endowment / Waqf Land ................................................................................... 36
      2.1.6 Agricultural Land ............................................................................................... 37
      2.1.7 Land for Neighborhood Rights........................................................................... 37
      2.1.8 Laws Governing Squatters.................................................................................. 38
      2.1.9 Other Types of Land ........................................................................................... 39
   2.2 Land Acquisition: Key Issues and Procedures (Law 1 year 1995) ......................... 39
   2.3 Institutional Arrangements ........................................................................................ 40
      2.3.1 General Authority for Land Survey and Urban Planning (GALSUP) ........... 40
      2.3.2 The Ministry of Public Works and Highways (MoPWH) ................................ 41
      2.3.3 The Ministry of Finance (MoF) .......................................................................... 41
      2.3.4 Local Councils ...................................................................................................... 41
      2.3.5 Additional Mechanisms ....................................................................................... 42
   2.4 Main Challenges Related to Land Ownership and Institutional Capacities ......... 42

CHAPTER THREE: GAPS BETWEEN YEMENI LEGISLATION AND THE WORLD
BANK OP 4.12 ....................................................................................................................... 44
  3.1 Discrepancies between Yemeni Laws and OP 4.12 .................................................. 44
     3.1.1 Calculation and Timing of Compensation ......................................................... 44
     3.1.2 Definition of Affected Persons (PAPs) ............................................................... 44
     3.1.3 Public Participation, Consultation ..................................................................... 45
     3.1.4 Grievance Mechanisms........................................................................................ 45
     3.1.5 Vulnerable groups ............................................................................................... 46
     3.1.6 Resettlement assistance ....................................................................................... 46
     3.1.7 Rights of Squatters .............................................................................................. 46
  3.2 Capacity Building Needs ............................................................................................ 47

ANNEX I: THE PROCESS OF RAP/ARP PREPARATION AND THE DIFFERENT
RESETTLEMENT STEPS WITHIN THE PROJECT CYCLE. ..................................... 50

ANNEX II: ENTITLEMENT MATRIX FOR AFFECTED PERSONS ......................... 58

ANNEX III: SUMMARY OF THE REGISTRATION SURVEY RESULTS AT
MOKHA 60 MW WIND FARM PROJECT (MWFP) SITE ............................................ 69

ANNEX IV: TYPES OF ACQUISITION AND THE REGULATING ARTICLES OF
LAW 1, 1995 .......................................................................................................................... 81

LIST OF REFERENCES...................................................................................................... 85

LIST OF TABLES
Table 1.1                Size of Settlements within the Project Site
Table 1.2                Potential Number of Negatively Affected Households within the Four
                         Villages and the Types of Impacts
Table 1.3                Replacement Cost for Tangible Assets

LIST OF FIGURES
Figure 1.1               The Proposed Location of Al Mokha Wind Farm

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Al Mokha 60MW Wind Farm Project                   Resettlement Policy Framework (RPF)


Figure 1.2    The Three Proposed Scenarios of WTG in the Project Site
Figure 1.3    The Villages within the Project Sites
Figure 1.4    Main Approaches for the Grievance Redress

Figure 3.1    PAPs Consultation and Participation in the RAP/ARP along the
              Project Cycle

LIST OF BOXES
Box 1.1       Guidelines for the Monitoring Indicators

Box 2. 1      Issues Related to Land Acquisition and the Yemeni Relevant Laws
Box 2. 2      Yemeni Legislations Governing Private Land Property
Box 2.3       Yemeni Legislations Governing State/Government Land Property
Box 2.4       Yemeni Legislations Governing Communal Land Property
Box 2.5       Yemeni Legislations Governing Endowment/ Waqf Land
Box 2.6       Yemeni Legislations Governing Agricultural Land
Box 2.7       Yemeni Legislations Governing Neighborhood Rights
Box 2.8       Yemeni Legislations Governing Rights of Squatters




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Al Mokha 60MW Wind Farm Project                    Resettlement Policy Framework (RPF)


LIST OF ABBREVIATIONS
AFD               Agence Française de développement
ARPs              Abbreviated Resettlement Plans
EC                Estimation Committee
ESIA              Environmental and Social Impact Assessment
ESMP              Environmental and Social Management Plan (ESMP)
FCC               Feedback and Complaint Committee
FGD               Focus Group Discussions
IDB               Islamic Development Bank
IR                Involuntary Resettlement
LRC               Local Resettlement Committee
M&E               Monitoring and Evaluation
MoEE              The Ministry of Electricity and Energy
MPP               Mokha Power Plant
MWFP              Mokha 60MW Wind Farm Project
OP                Operational Policy
PAPs              Project Affected Persons
PMU               Project Management Unit
PRA               Participatory Rapid Appraisals
RAPs              Resettlement Action Plans
RED               Renewable Energy Department
RESAP             Renewable Energy Strategy and Action Plan
RPF               Resettlement Policy Framework
SDO               Social Development Officer
SPC               Special Purpose Company
WB                World Bank
WTG               Wind Turbines Generators




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Al Mokha 60MW Wind Farm Project                    Resettlement Policy Framework (RPF)


GLOSSARY

Abbreviated        Establish a baseline through the census of PAPs which will
Resettlement       comprise socio-economic data, the inventory of assets lost, and
Plan               the compensation and resettlement benefits awarded to the
                   PAPs.

Affected persons   All persons who, as result of work carried out or to be carried
                   out under the Project, would incur involuntary loss, temporarily
                   or permanently, of land, shelter, productive assets or access to
                   productive assets, or of income or means of livelihood and, as
                   consequence, would have their living standards or production
                   levels adversely affected.

Compensation       Payment in cash or in kind to replace losses of land, housing
                   income, and other assets caused by the project.

Cut off Date       The date of the census prior to which the occupation or use of
                   the project area qualifies residents or users of the project area
                   as affected persons.

Involuntary        Actions that may be taken without the displaced person’s
                   informed consent or power of choice.

Involuntary       The unavoidable displacement of people and/or impact on their
Resettlement (IR) livelihood, assets and common property resulting from
                  development projects that create the need for rebuilding their
                  livelihood, sources of income and asset bases.

Land Acquisition   The process whereby a person is compelled by a public agency
                   to alienate all or part of the land s/he owns or possesses, to the
                   ownership and possession of that agency, for a public purpose,
                   in return for fair compensation.

Monitoring         The process of repeated observations and measurements of
                   environmental and social quality parameters to assess and enable
                   changes over a period of time.

Project Affected   Includes any people, households, firms or private institutions
Person             who, on account of changes that result from the project will have
                   their (i) standard of living adversely affected, (ii) right, title, or
                   interest in any house, land (including residential, commercial,
                   agricultural, forest, and/or grazing land), water resources, or any
                   other moveable or fixed assets acquired, possessed, restricted, or
                   otherwise adversely affected, in full or in part, permanently or
                   temporarily; and/or (iii) business, occupation, place of work or
                   residence, or habitat adversely affected, with or without
                   displacement.




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Al Mokha 60MW Wind Farm Project                   Resettlement Policy Framework (RPF)


Public             The dialogue encompassing consultation and communication
Involvement        between a project proponent and the public. It includes
                   dissemination, solicitation and presentation of information.

Rehabilitation/    A term often used to describe the process of reestablishing
Resettlement       lifestyles and livelihoods following resettlement. The term is
                   also used to describe construction works that bring a deteriorated
                   structure back to its original conditions.

Resettlement       A time-bound action plan with a budget, setting out resettlement
Action Plan        strategy, objectives, options, entitlements, actions, approvals,
(RAP)              responsibilities, monitoring and evaluation.


Social Impact      An effect (both positive and negative) on a social issue resulting
                   from development projects.

Stakeholders       Those who have an interest in project development and who will
                   be involved in the consultative process, and includes any
                   individual or group affected by, or that believes it is affected by
                   the project; and any individual or group that can plan a
                   significant role in shaping or affecting the project, either
                   positively or negatively, including the host community/
                   population.

Vulnerable         Distinct groups of people who might suffer disproportionately
Groups             from resettlement effects, including the poor, landless and semi-
                   landless, female-headed, disabled and elderly households
                   without means of support and those from minority groups.




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Al Mokha 60MW Wind Farm Project                       Resettlement Policy Framework (RPF)


EXECUTIVE SUMMARY

Project Background

Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of
demonstrating the financial feasibility of wind power by implementing the first wind
power development project in Yemen. MWFP is expected to add 60 MW of clean
power to the national grid.

The target capacity of 60 MW will be met through introducing a number of Wind
Turbines Generators (WTG) that will be located according to a favorable scenario
that has been compared to two other scenarios. The proposed scenario is optimal in
terms of energy production, sensitivity to habitat, aesthetic impacts and amount of
waste generated during construction. The proposed scenario will involve the
installation of 30 WTGs each of 2 MW capacities with hub height of 78m. The other
project components will include internal roads, an input portal, an overhead 132 Kv
power line and internal cabling.

The proposed location of MWFP is located on the coastal area in the western part of
Yemen, around 4 Km away from Al-Mokha in the vicinity of the existing Al-Mokha
Thermal Power Plant. It will occupy an area of around 48 m2.

MWFP is expected to have substantive positive impacts on the local communities in
Al Mokha and the country at large. The positive impacts include creating job
opportunities for Al Mokha residents both during construction and operation phases,
improving the power provision to Al Mokha and the neighboring communities and
assisting local communities in attaining several advantages in the form of enhanced
access to market and better income earning opportunities.

The field visits and surveys carried out in the project site showed that there are 93
households with a total population of 339 individuals who are originally Bedouin
nomads who have settled in this area for more that 20 years. Village residents juggle
a number of activities that are characterized by being marginal, fragile and poorly
rewarding with the main objective of making a daily living. The communities’ main
activities involve fishing, driving, grazing animals and collecting firewood.

These communities are mainly composed of three villages, namely, Al Holeiby,
Seriga, and Al Oksh.. They are under the administrative arrangements of Al
Mashalha, Al Mokha Districts. Like many other rural areas in Yemen, the role of
traditional institutions in resolving disputes through mediation, customary tribal
arbitration, and mutual accord is important in Al Mokha. Most disputes in Yemen
are originated from water right and land ownership. Customary laws in tribal areas
are strong and effective in resolving rural land disputes. Traditional institutions have
played and continue to play important role in addressing the rural land needs of
public benefits projects in Yemen. It is anticipated that the traditional structure in Al
Mohka project area will play similar role in resolving issues that might arise
between the project and communities.

From the preliminary survey and field observation, it is predicted that MWFP
operations will not result in major land acquisition. There will not be physical


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Al Mokha 60MW Wind Farm Project                      Resettlement Policy Framework (RPF)


displacement that will be caused by the project and that will require relocating and
resettling people.

However, if for unforeseen and unavoidable circumstances the project requires land
acquisition and negatively impacted livelihoods, the policy principles and objectives
stated in this RPF will be applied. In the case of dispute between the project and
local community, the Yemeni customary law, deemed consistent with OP 4.12 if
properly documented, will be used. Existing traditional conflict resolution
mechanism will be activated and will be deployed to resolve disputes. Capacity
building support will be provided by the project.

Main National Legislation that Regulates Land Expropriation
The key Yemeni legislation that deals with land related issues are: the National
Constitution; the Civil Law; Law no. 21 of 1995 concerning State Land and Real
Estate; the Republican Decree 170 of 1996; Waqf Law no. 23 of 1992; the Republican
Decree 99 of 1996; Law no. 21 of 1995 concerning State Land and Real Estate and;
Law no. 1 of 1995 concerning the Public Eminent Domain Law.
Under Yemeni legislation, land could be classified as: (a) privately-owned land, (b)
state-owned or government land, (c) communal land, (d) endowment/ waqf land:
agriculture land, (e) land for neighborhood rights, (g) squatters occupied land. The
Legislation includes several provisions that regulate the process of declaring land
plots for public interest, the provisions for expropriation and compensation; and the
definition of rights of owners and use of communal property.
Land acquisition is regulated by the Public Eminent Domain Law no. 1 of 1995 which
aims at locating and identifying State Lands and Estates and establishing plans that
identify such lands, and protect and maintain them against any kind of aggression.
According to Article 1 of this law, ministries, authorities and general intuitions may
carry out acquisitions for the public interest when justified by necessity, in return for
fair compensation. Article 2 of the same law states the definition of “Projects of
Public Interest.”
The main institutions responsible for land-related issues are the General Authority for
Land Survey and Urban Planning (GALSUP) through the Land Department, Planning
Department, Notary Public Department and the Control and Inspection Department.
The Ministry of Public Works and Highways (MoPWH), the Ministry of Finance
(MoF) as well as the Local Councils which also plays an institutional role in
regulating land issues.

Moreover, under Articles 18 to 20 of the Law of State Lands Real Estates, the
Minister of Justice establishes a permanent or temporary EC in every governorate, or
for each individual case that comprises a judge, who takes the role of chairman, an
engineer, a representative of the expropriating authority, and the owner(s) of the
expropriated real estate or their representative. The EC role is to consider the various
pieces of legislation related to land acquisition and rights of squatters on public land
while making compensation for involuntary settlement.

There are several challenges related to land ownership and institutional capacities in
Yemen that could be summarized as follows:
 Land ownership issues are complex in Yemen, and are beyond the scope of a
  MWFP to resolve.

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Al Mokha 60MW Wind Farm Project                        Resettlement Policy Framework (RPF)


 The practical application of the law confronts many challenges including the
  growing confusion over communal land and privately-owned land and the trend of
  increasing private appropriation of communal land.
 There is little public confidence in the Land Registry, mainly in the rural areas.
 The overlapping responsibilities and the bureaucratic procedures of the various
  concerned institutions lead to delayed responses to the affected persons.
 Law enforcement holds many challenges and the judicial system also exhibits
  some weaknesses.

World Bank Safeguard Policies on Involuntary Resettlement (OP 4.12)

Involuntary Resettlement (IR) resulting from development projects will, if
unmitigated, give rise to difficult economic, social, and environmental risks that may
lead to a variety of unacceptable impacts including dismantling of production
systems, impoverishment of people, relocation of displaced persons to environments
that do not suit their skills, weakening of community institutions and social networks,
dispersion of extended families and kin groups and loss of cultural identity. However,
well-designed resettlement programs may represent good development opportunities.
WB OP 4.12 is a road map for the identification, preparation, and implementation of
Bank-funded programs with a focus on minimizing negative social and economic
impacts on individuals and communities.

The overall objective of OP 4.12 is to avoid IR where feasible by exploring
alternatives. If IR is unavoidable, resettlement activities should be conceived and
executed as sustainable development programs where displaced persons should be
meaningfully consulted. Resettlement programs should work to improve the
livelihoods of the Project Affected Persons (PAPs).

The policy covers the direct economic and social impacts that result from Bank-
assisted projects and are caused by the involuntary taking of land resulting in
relocation or loss of shelter, loss of or access to productive assets, or loss of sources of
income or means of livelihood, whether or not the affected persons must move to
another location; or, the involuntary restriction of access to legally designated parks
and protected areas resulting in adverse impacts on the livelihoods of the displaced
persons.
Potential Impacts

Generic short and long term environmental and socio-economic impacts potentially
occurring from involuntary resettlement include:

 Disruption of production and income generation both on temporary and permanent
  bases;
 Loss of land or other assets;
 Affecting the incomes of local communities by introducing new income
  generations opportunities which are not suitable to the local skills;
 Weakening of community and social fabric and networks;
 Dispersion of family and kinship groups; and
 Loss of cultural identity and traditional authority.

Under MWFP, the above impacts are not predicted to be encountered by local
communities. However, temporary impacts associated to the construction phase
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Al Mokha 60MW Wind Farm Project                      Resettlement Policy Framework (RPF)


including physical works will occur. These will be mitigated through measures
described in the Environmental and Social Management Plan (ESMP).

Purpose and Key Elements of the RPF

The purpose of this RPF is to establish resettlement objectives, principles,
organizational arrangements, overall design of the resettlement program, and funding
mechanisms for any resettlement operation that may be necessary during the MWFP
preparation and implementation phases.

When the precise location and exact extent of land acquisition by MWFP becomes
known during the implementation phase, site specific Resettlement Action Plans
(RAPs) or Abbreviated Resettlement Plans (ARPs) should be prepared, depending on
the scale and severity of impacts. The resettlement process should be finalized prior to
the commencement of any physical works.

If the need arises to resettle PAPs, the resettlement process will follow the principles
outlined in this RPF and shall take the social context into account and adapt it to local
conditions. This RPF along with the suitable resettlement instrument will be used for
establishing appropriate mechanisms that will be specifically tailored to deal with
resettlement problems that might arise as a result of MWFP.

This RPF consist the following elements, consistent with the provisions described in
OP 4.12, paragraph 2 and 4. Each of these elements will be discussed in chapter one,
two and, three in full detail.

   a brief description of the project and components for which land acquisition and
    resettlement are required, and an explanation of why a resettlement plans can not
    be prepared by project appraisal,
   Principles and objectives governing resettlement preparation and implementation,
   A description of the process for preparing and approving resettlement plan,
   Estimated population displacement and likely categories of displaced persons, to
    the extent possible,
   Eligibility criteria for defining various categories of displaced persons,
   Methods of valuing affected assets,
   Organizational procedures for delivery of entitlements,
   A description of the implementation process- linking resettlement implementation
    to civil work,
   A description of grievance redress mechanisms,
   A description of the arrangements for funding resettlement, including the
    preparation and review of cost estimate, the flow of fund and, contingency
    arrangements,
   A description of mechanisms for consultations with, and participation of,
    displaced persons in planning, implementing, and monitoring,
   Arrangements for monitoring by implementing agency and, if required, by
    independent monitors,
   A legal framework reviewing the fit between Yemeni law and legal framework
    and Bank policy requirements and measures proposed to bridge any gaps between
    the two systems,



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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


CHAPTER ONE: PROJECT SPECIFIC INFORMATION

1.1 Al Mokha Wind Farm 60 MW Project (MWFP)

1.1.1 Project Background

The power sector in Yemen is facing many challenges in providing reliable energy
service. The country has the lowest population access to electricity in the region.
Little over 40% of the total population has access to electricity compared to a
regional average of about 90%. Because power generation in thermal power plants
causes many environmental impacts including deteriorating air quality, increasing
greenhouse gas emissions and depleting natural resources from fossil oil, the
Yemeni Government has initiated the Renewable Energy Strategy and Action Plan
(RESAP) in which different sources of renewable energy have been investigated. It
was concluded that wind energy, along with solar energy, are potentially among the
most feasible sources of renewable energy in the country.

The Ministry of Electricity and Energy (MoEE) has investigated wind resources at a
number of sites in the country, focusing in Al Mokha and Hodeidah regions, as a
preliminary step for implementing a wind farm project. The results of these
investigations have shown favorable conditions in Al-Mokha compared to Al
Hodeidah. Accordingly, MoEE is currently planning for implementation of the Al-
Mokha Wind Farm Project (MWFP).

Wind energy is a fast growing renewable energy source throughout the world, which
has gained popularity in recent years due to soaring fossil fuel prices and improved
wind harvesting technologies. While wind energy is an environmentally friendly and
clean technology, there are potential environment impacts from the wind farm and
associated power lines on biodiversity, particularly birds and other airborne animals
(such as bats).

1.1.2 Project Objective

Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of
demonstrating the financial feasibility of wind power by implementing the first wind
power development project in Yemen and adding 60 MW of clean power to the
national grid.

1.1.3 Project Proposed Location and Components

The proposed location of MWFP is located on the coastal area in the western part of
Yemen. Typically the coastal area in the western part of Yemen is semi-desert with
rare vegetation and rare inhabitation. The project site is around 4 km far away from
Al-Mokha port. The proposed project site is located in the vicinity of the existing Al-
Mokha Thermal Power Plant as the generated power shall be connected to the existing
substation of the thermal power plant (The proposed site for Al Mokha is shown in
figure 1.1 below).




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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


Figure 1.1: The Proposed Location of Al Mokha Wind Farm




The project site occupies an area of about 48 km2 and will involve installation of wind
turbines with a total capacity of 60 MW that will be connected to the national grid.

The target capacity of the project (60 MW) will be met by introducing a number of
Wind Turbines Generators (WTG). The Feasibility Study consultants have developed
three scenarios for WTGs rating, number and layout. The prepared Environmental and
Social Impact Assessment (ESIA) also explored the proposed scenarios in terms of
the environmental and social impacts and conclude that the scenario that involves
the installation of 30 WTGs each of 2 MW capacities with hub height 78m,
shown in turquoise color in the layout shown in Figure 1.2 is the most feasible
scenario from environmental and social perspectives. The ESIA Chapter on
Project Alternatives describes the three scenarios in more detail and concluded that
the selected alternative is favorable in terms of the following considerations:

   1. The most energy production (optimization option)
   2. Least impacts on sensitive habitat of the area, particularly migrant birds
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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


   3.   The least impacts on aesthetic view
   4.   Less generated waste during construction (less construction works)
   5.   Less impacts on traffic and generation of vehicles air emissions
   6.   Longer life span and less maintenance requirements
   7.   Less noise, vibrations and shadow flickering effects

In addition to the WTG, the project components also include other components like
internal roads which will include a connection from the main road (as indicated in
Figure 1.2 below), a main distributor road and three stretches serving WTG rows.
Project components will also encompass internal cabling which will connect each row
of WTGs, underground 33 Kv cables and 3/132 substation which will be located at
the southwest respect of the project site. Overhead 132 Kv power line will also be
installed to connect the wind farm substation to MPP substation for a distance of
about 2.6 km. Moreover an input portal shall be built for phase cables mooring at the
Mokha Power Plant (MPP) substation.

Figure 1.2 The Three Proposed Scenarios of WTG in the Project Site.




The turquoise color refers to the preferred scenario (scenario 3), while the purple and
green colors present the two other alternatives. The yellow lines represent the access
roads that will be established as part of the project and the black lines represent the
power cables. The few red dots represent the communities within the project area.

1.1.4   Why Not Prepare RAP/ARP During Project Appraisal?

It is not possible to prepare a RAP or ARP during the project appraisal as the precise
location of WTGs has not yet been known. RPF is then the appropriate resettlement
instrument that the Project Management Unit (PMU) can feasibly submit to the Bank
as condition to project for appraisal.



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Al Mokha 60MW Wind Farm Project                      Resettlement Policy Framework (RPF)


When of the precise location of the WTGs is known and if it is determined that
MWFP’s activities will necessitate involuntary resettlement, then RAP/ARP
consistent with this RPF will be prepared and submitted to the Bank for approval. The
RAP/ARP document will be submitted to the Bank prior to starting of any
construction work.

1.2 Principles and Objectives Governing Resettlement Preparation And
Implementation

1.2.1 Policy Principles

Involuntary Resettlement (IR) resulting from development projects will, if
unmitigated, give rise to difficult economic, social, and environmental risks that may
lead to a variety of unacceptable impacts including: i) dismantling production
systems, ii) impoverishing people when their productive assets or income sources are
lost, iii) relocating of displaced persons to environments where their productive skills
may be less applicable and the competition for resources greater, iv) weakening of
community institutions and social networks, v) dispersing of extended families and
kin groups; and vi) losses of cultural identity, traditional authority, and the potential
for mutual help.

On the contrary, a well-designed and a well-implemented resettlement program may
represent good development opportunity. By providing proactive mitigation measures,
that will lead to sound resettlement planning, OP 4.12 is designed to ensure that
Project Affected Persons (PAPs) are not negatively affected by Bank-financed
projects. It is a road map to be used by practitioners in the identification, preparation,
and implementation of Bank-funded programs with a focus on minimizing
involuntary resettlement’s negative social and economic impacts on individuals and
communities.

1.2.2 Policy Objectives

The overall objectives of the Bank’s policy on involuntary resettlement are:

   Involuntary resettlement should be avoided where feasible, or minimized,
    exploring all viable alternative project designs;
   Where it cannot be feasibly avoided, resettlement activities should be conceived
    and executed as sustainable development program, providing sufficient
    investment resources to enable displaced persons to share the project benefits.
    Displaced persons should be meaningfully consulted and should have
    opportunities to participate in planning and implementing resettlement programs
    and compensation measures; and
   Displaced persons should be assisted in improving their livelihoods and standards
    of living or at least in restoring them, in real terms, to pre-displacement levels or
    to levels prevailing prior to project implementation, whichever is higher.

1.2.3 Policy Coverage

The Bank policy on involuntary resettlement covers the direct economic and social
impacts that both result from Bank-assisted projects and are caused by:


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Al Mokha 60MW Wind Farm Project                                     Resettlement Policy Framework (RPF)


      The involuntary taking of land resulting in relocation or loss of shelter, or loss of
       access to productive assets, or loss of sources of income or means of livelihood,
       whether or not the affected persons must move to another location; or,

      The involuntary restriction of access to legally designated parks and protected
       areas resulting in adverse impacts on the livelihoods of the displaced persons.

This policy applies to all components of Bank-supported projects that result in
involuntary resettlement, regardless of the source of financing. It also applies to other
activities resulting in involuntary resettlement, that in the judgment of the Bank, are
directly and significantly related to the Bank-assisted projects, necessary to achieve
the objectives set forth in the project documents, or carried out or planned to be
carried out, contemporaneously with the project.

1.3 Preparing and Approving Resettlement Plans

During implementation of the MWFP, the scale and severity of its impact will be
assessed and determined. Since the precise location of turbines, transmission lines and
Diesel Generator sets are not yet known at this stage of the project, it is recommended
that the preparation and disclosure of this RPF is conditional for its appraisal.

If, in a very unlikely circumstance, involuntary resettlement and involuntary
acquisition of land becomes an unavoidable reality, the MWFP will consider
preparing ARP or RAP1 that must be consistent with this RPF.

Preparing and processing ARP or RAP entails: i) screening and reviewing MWFP
areas, ii) conducting census and socioeconomic survey around and within the MWFP
areas, iii) establishing eligibility criteria, iv) conducting consultations, v) preparing
the ARP or RAP document, vi) reviewing the document and, vii) assessing and
identifying the resettlement implementing agency implementation capacity and
building its capacity.

1.3.1 Resettlement Instruments

If resettlement planning is applicable to MWFP, then the next question will be which
of the Bank’s resettlement planning instruments will be appropriate to address the
project’s impact sufficiently.

Choosing the kind of instrument to be used by the project will be the responsibility of
Bank task team. The team will have to weigh the scale and magnitude of impact and
choose the appropriate planning instruments from the following:

               Resettlement Action Plan
               Abbreviated Resettlement Plan
               Process Framework

1.3.1.1 Resettlement Action Plan (RAP)

The preparation of this planning instrument is dependent upon the scale of the MWFP
impacts on livelihoods. RAP is prepared when the details of the MWFP are known at

1
    Detailed guidelines for preparing a RAP are available one the World Bank's website www.worldbank.org .
                                                                                                             16
Al Mokha 60MW Wind Farm Project                      Resettlement Policy Framework (RPF)


appraisal. A full RAP is required when: a) more than 200 individuals are affected; b)
all of the PAPs lose more than 10 percent any of their holdings; c) the remainder of
their land is economically unviable; and (c) they have need for physical relocation.
For more details on the process of RAP preparation and the different resettlement
steps within the project cycle see Annex I.

1.3.1.2 Abbreviated Action Plan (ARP)

This planning instrument is prepared if the resettlement impacts are minor or the
MWFP displaces fewer than 200 people. Resettlement impacts are considered minor
if: (a) all of the PAPs lose less than 10 percent of their land, regardless of the number
of PAPs; (b) the remainder of their land is economically viable; and (c) they have no
need for physical relocation. For more detail see Annex I.

1.3.1.3 Process Framework (PF)

The Process Framework is prepared if the operation of MWFP imposes restrictions of
access to legally designated parks or protected areas. If the project restricts access to
common property or natural resources as a result of its activities, it is then imperative
that the project prepare and submit a process framework as a condition for appraisal.

1.4 Estimated Population of PAPs and Categories of PAPs

Size of households: The field interviews, surveys and observations carried out
showed that very small and sparse communities are currently living within and
around the project sites. There are 93 households within the project site of which 3
are uninhibited households and one is a grave. The survey showed that the total
population of those households that accepted to reveal their information is 339
individuals. Their sizes and settlement is depicted by Table1.1 below.

Table 1.1 Sizes of Settlements within the Project Site
       Name of the Village                    Number of Village Households
Al Holeiby                                             24 houses
Al Oksh                                                33 houses
Seriga                                                 32 houses

Length of settlement: The residents of the three villages are originally Bedouins who
used to wander in the desert seeking water and grass for their animals. They
mentioned that they have lived in this site since 1990, while a few of them
mentioned that they have lived there for 35 years. According to them this place
includes a multitude of attraction factors that allowed them to make a living and
settle. These factors include access to open space and natural resources like trees
which allow them to cut and burn wood both for domestic activities and selling. The
site also enjoys proximity to the sea, which allows a portion of the residents to work
in fishing. Moreover, proximity to Al Mokha allows access to economic
opportunities in Mokha. Annex II of the RPF presents full report for the registration
survey including the key findings from the field.

Means of livelihoods: The main occupations include working as daily laborers in
Mokha port, fishermen, firewood sellers and shepherds. Moreover, proximity to the
high way allows some of the young male residents to make a living through offering

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Al Mokha 60MW Wind Farm Project                             Resettlement Policy Framework (RPF)


transport services to the road users. Almost all women do not work outside homes
except in very limited activities that involve collecting wood and limited grazing.
Women and female children are fully responsible for domestic works.

Housing style: The most dominant housing style in the settlement within the project
areas are mostly of unstable structure. This is what local people call “the Tihama
coastal houses" which is very close to cottages. The most dominant construction
materials for these structures are mud, straw, trees wood and palm leaves. In very
few cases residents used cement bricks in supporting their shanties.

It should be noted that the majority of the people in the area could be categorized by
law as “squatters” due to the fact that almost all of them do not own the legal
documents that proves their ownership of the land2.

Vulnerable groups: Consideration must be given and assistance provided, where
necessary, to those most vulnerable groups if involuntary resettlement becomes
unavoidable option. The likely PAPs under MWFP, among other categories, are
vulnerable groups who could be included under the following:

   Those living below the poverty line, and the landless;
   Elderly, women and children, indigenous peoples;
   PAPs who may not be protected through national land compensation legislation;
    and
   Those who do not have alternative sources of income apart from the land
    resources- based activities.

Under the World Bank OP 4.12, there is clear emphasis on the need to give special
attention to the rights of vulnerable groups to make sure that they are not excluded
from any measures adopted within overall resettlement actions. Importance is given to
a fair treatment of vulnerable groups out of a belief in the role played by social
identity in determining who has access to which resources. Vulnerable groups are
normally at a higher risk of impoverishment.

If the decision is made to prepare ARP or RAP, the MWFP will conduct a census
survey and a socioeconomic study to help identify vulnerable groups whose
livelihoods might be impacted. The result of the census and the socio-economic study
will be used to determine the appropriate types of compensation and the forms of
assistance to be provided to vulnerable groups. Types of assistance are varied. For
example, assistance with the compensation payment procedure might include going to
the bank with the person to cash the compensation check; or assistance with the post
payment period might require reducing risks of misuse/robbery; or assistance during
moving might require providing a vehicle and driver; or assistance at the moving
stage might necessitate providing materials, labor, or building houses; or assistance
with health care at critical periods such as the moving and transition periods, etc.




2
  WB OP 4.12 emphasizes the rights of these groups in receiving resettlement assistance, in case OP
4.12 is triggered. The Yemeni Law no 21 of year 1995 concerning State Land and Real Estate also
protects the rights of squatters and several local mechanisms were tailored in several Governorate to
deal with these cases (as will be mentioned in more details below).
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Al Mokha 60MW Wind Farm Project                      Resettlement Policy Framework (RPF)


Local communities within the project area are of the poorest groups precautionary
measure will be taken to ensure that the local population maintains access to the
various common resources in the areas, including access to grazing and logging

The PMU is responsible for implementing these measures. The PMU will work to
ensure and facilitate the efficient implementation of the social and economic
mitigation measures outlined in this RPF and will be responsible for creating
communication channels between communities and the relevant authorities and the
Local Councils.

1.5 Eligibility Criteria

Since MWFP impacts have not yet been known it is not possible to determine who is
qualified or not qualified for compensation benefits. Nonetheless, all PAPs who suffer
complete or partial losses of assets or access to assets shall be eligible for some kind
of assistance, according to their legal rights to the land, if it can be proven that they
occupied the land before the claim cut-off date. The Bank OP 4.12 specifically
proposes the following three general categories for eligibility:

   Those who have formal, legal rights to land, including customary and traditional
    rights, recognized under the laws of the country;
   Those who have no formal legal rights to land at the time the census begins but
    have a claim to such land or assets, provided such claims are recognized under the
    laws of the country or become recognized through a process identified in the
    resettlement plan; and
   Those who have no recognizable legal right or claim to the land they occupy.

Eligibility for compensations will recognize private, customary or traditional rights as
well as formal and informal contractual rights. Since the MWFP will not require
involuntary land acquisition, its operation will not affect land ownership, customary,
and traditional rights or formal and informal contractual rights.

1.5.1 Compensation under Land Ownership

As planning information becomes available, land ownership and severity of impact
shall be used to determine compensations for resettlement entitlements. The type of
ownership or claim, in combination with the severity of impact, determines the
relevant resettlement entitlements, which are generally defined in proportion to the
impact on PAPs.

1.5.2 Compensation under Severity of Impact

OP 4.12 stated that eligibility under the severity of impact may range from minor to
severe impacts. Minor impacts occur when less than 10% of productive assets are lost
with no physical relocation required. Impact is severe when more than 10 percent of
land or resources are taken and when physical relocation occurs from one’s residence
or place of business, or people suffer significant loss of livelihood and income. As
previously mentioned, the number of PAPs under MWFP will reach around 20
families in the three villages. However, the impacts do not involve involuntary
resettlement. The nature and severity of impacts are expected to be within acceptable
levels and several positive returns are expected to compensate those temporary

                                                                                      19
Al Mokha 60MW Wind Farm Project                        Resettlement Policy Framework (RPF)


negative impacts like construction inconvenience. In the meantime, the ESMP
presented mitigation measures that will adequately deal with the negative impacts and
will ensure that they are reduced to a minimal level.

1.5.3 Establishing Procedures and Eligibility Criteria

If MWFP requires resettlement planning to address adverse impact on livelihoods, the
PMU will develop a procedure satisfactory to the Bank for establishing the criteria by
which PAPs will be deemed eligible for compensation and other resettlement
assistance. The procedure includes provisions for meaningful multi-stakeholders
consultations with PAPs and PAP-communities, local authorities and relevant NGOs,
and government agencies.

1.6 Compensations and Methods for Asset Valuation

1.6.1 Asset Valuation

The valuation of losses in physical assets will be carried out by assessing the market
value of the assets, if known, and estimating the replacement cost. Replacement cost
is simply calculated as the cost of replacing the lost assets plus any transaction costs
associated with bringing the asset to pre-displacement value. Replacement cost will
differ depending on the type of asset, as illustrated in Table 1.3 below.

Table 1.3: Replacement Cost for Tangible Assets
 Asset               Replacement Cost
 Agricultural        Equals the pre-project or pre-displacement, whichever is higher,
 Land                market value of land of equal productive potential or use located in
                     the vicinity of the affected land, plus the cost of preparing the land to
                     levels similar to those of the affected land, plus the cost of any
                     registration and transfer taxes.
 Urban Land          Equals the pre-displacement market value of land of equal size and
                     use, with similar or improved public infrastructure facilities and
                     services and located in the vicinity of the affected land, plus the cost
                     of any registration and transfer taxes.
 Houses / Other      Equals the market cost of the materials to build a replacement
 Structures          structure with an area and quality similar to or better than those of the
                     affected structure, or to repair a partially affected structure, plus the
                     cost of transporting building materials to the construction site, plus
                     the cost of any labor and contractors’ fees, plus the cost of any
                     registration and transfer taxes.
Source: WB OP 4.12

For intangible loses that cannot easily be valued in monetary terms (i.e. access to
employment opportunities, public services, natural resources, social capital), the sub-
projects should attempt to establish access to equivalent resources and earning
opportunities that are acceptable to the PAPs.

1.6.2 Asset Valuation Method
Law no. 21 of 1995 concerning State Land and Real Estate defines the formation of
an Estimation Committee (EC) to be in charge of estimating the value of
compensation. The committee should consist of a judge, an engineer, representative of

                                                                                            20
Al Mokha 60MW Wind Farm Project                             Resettlement Policy Framework (RPF)


the expropriated entity, and the owner of the expropriated real estate. The law
stipulates that the EC should look at number of plantations and establishments. If
there was more than one owner and they did not agree on one representative, then the
majority decides. Otherwise the president shall appoint an expert as a representative
of the owner. Decisions of the EC are based on the majority vote. The PMU should be
represented in the EC.

1.6.3 Compensation
Fair compensation3 is a constitutional condition for lawful expropriation according to
Article 1166 of the Civil Code no. 19 of 1992 which stated that no one is to be
deprived of his/her property except in accordance with the law and in exchange for
fair compensation.

Compensation will be provided to all individuals whose assets or access to assets is
severely affected or damaged, as a consequence of land acquisition or any other
activities undertaken by the sub-projects. The compensation for the loss of physical
and non-physical assets will vary depending on the type of loss, severity of the loss,
and eligibility of the PAPs. Compensation may come in the form of cash
compensation, in-kind compensation, and/or assistance.

All PAPs will be entitled to monetary compensation at replacement cost, at market
value (at the entitlement cut-off date), for affected tangible assets. Another option
may be in-kind compensation where the affected assets would be replaced with an
asset of similar size, value, and quality. The decision as to which type of
compensation is used should be jointly agreed upon between the PMU and the PAPs
and shall be subject to the availability of replaceable assets. Moreover, development
and resettlement transitional assistance needed to restore the livelihood and standard
of living of PAPs under the sub-project to pre-project levels shall also be part of the
compensation component of any resettlement plan (i.e. short-term jobs, subsistence
support, moving allowance, salary maintenance, food assistance, etc).

It should be noted here that compensation for losses in communal property shall only
be in-kind for the community as a whole, and shall take the form of reconstruction of
the affected or damaged facility (i.e. public school buildings, markets, etc) to at least
the same standard prior to the project’s implementation.

As part of the resettlement process, a resettlement matrix identifies the expected
negative impacts from the sub-project, the eligible persons for compensation, and the
compensation policy that is to be applied. Since MWFP is still in the appraisal stage,
and plenty of the detailed implementation activities have not be defined, the attached
entitlements matrix in Annex II may serve as a generic tool for identifying the
possible losses arising from the project and the respective entitlement benefits of the
PAPs. However, it should be noted that the impacts assessment performed concluded
that none of the types of loses in the entitlement matrix will be encountered by local
communities within the project site. It is thus believed that the proposed mitigation
measures will provide all the necessary actions to mitigate any potential negative
impact.

                                                                                                     3
According to Law no. 21 of 1995, EC should be in charge of estimating the value of compensation as
previously mentioned. Fair compensation is a constitutional condition for lawful expropriation
according to article 1166 of the Civil Code No. 19 / 1992.
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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)




In general terms and in projects where OP 4.12 is triggered, measures should be
considered to ensure that PAPs are:
 Informed about their options and rights;
 Consulted on, offered choices among, and provided with technically and
   economically feasible resettlement alternatives; and
 Provided with prompt and effective compensation at full replacement cost for
   losses of assets attributable directly to the project.

If the impacts include physical relocation, the project includes measures to ensure that
the PAPs are:
 Provided assistance, such as moving allowances, during relocation; and
 Provided with residential housing, or housing sites, or, as required, agricultural
     sites for which a combination of productive potential, location advantages, and
     other factors are at least equivalent to the advantages of the old site.

Where necessary to achieve the objectives of this policy, the RAP/ARP also includes
measures to ensure that PAPs are:
 Offered support after displacement, for a transition period, based on a reasonable
   estimate of the time needed to restore their livelihood and standards of living;
 Provided with development assistance in addition to compensation measures; and
 Provided with land preparation, credit facilities, training, or job opportunities.


1.7 Organizational Arrangements for Entitlement Delivery

1.7.1 The World Bank

In meeting the objectives of the Bank’s policy on Involuntary Resettlement, the Bank
may at a Borrower’s request support concerned entities by providing:
 Assistance to assess and strengthen resettlement policies, strategies, legal
    frameworks, and specific plans at a country, region or sector level;
 Financing for technical assistance to strengthen the capacities of agencies
    responsible for resettlement, or of affected people to participate more effectively
    in resettlement operations;
 Financing for technical assistance for developing resettlement policies, strategies,
    and specific plans, and for implementation, monitoring, and evaluation of
    resettlement activities; and
 Financing for the investment cost of resettlement.


Along the RAP/ARP cycle, the Bank is also responsible for:
 Screening findings and advice on the need for RAP/ARP and whether or not other
   remedial actions need to be taken;
 Approving the developed RAP/ARP prior to the execution of sub-projects or
   expropriation activities;
 Contracting the external monitoring consultant; and
 Reviewing monitoring reports and sending feedback to the PMU.


1.7.2 The Project Management Unit (PMU)

Along the Project Management Unit (PMU) is responsible for:


                                                                                     22
Al Mokha 60MW Wind Farm Project                               Resettlement Policy Framework (RPF)


   Screening the project activities to check if any activity will result in land
    acquisition and involuntary resettlement;
   Hiring resettlement consultant for the preparation of the RAP/ ARP;
   Preparing the ToRs for the LRC;
   Following up on the formation of committees and coordinate with the local
    authorities;
   Ensuring the interest of PAPs, particularly the vulnerable groups, are well
    addressed by the RAP/ARP;
   Sending RAP/ARP for WB approval;
   Facilitating the different consultation activities;
   Participating in responding to the grievance and work towards solving related
    issues;
   Overseeing/monitoring the progress in resettlement preparation and
    implementation through reviewing regular progress reports;
   Reporting regularly to the WB on resettlement activities (RAP/ ARP
    implementation);
   Keeping records and documentation and ensure data compilation in a way that
    facilities the task of the external monitoring the process as part of the monitoring
    activities (e.g. grievance process and action taken);
   Participating in preparing the external monitoring consultant ToRs according to
    the WB standards;
   Building the capacities of the local resettlement mechanisms on PAPs consultation
    techniques; and
   Reviewing the external monitoring report.

1.7.3 Local Authorities (Local Councils)

The Local Councils are the key governmental authority of relevance to the execution
of the resettlement program. Their responsibility in the RAP/ARP execution should
involve:

   Coordinating with other governmental organizations of relevance to the
    resettlement program (GALSUP, MoPWH)4;
   Following up on the resettlement process;
   Following up on the imbursement of compensation and the provision of the
    development assistance;
   Ensuring that PAPs are consulted and their concerns and interests are considered;
    and
   Through participation in the different committees, playing a role in facilitating
    responsiveness to the PAPs grievances.

1.7.4 Non Governmental Organizations (NGOs)

NGOs are key players that should be involved to ensure the efficiency of the
resettlement activities and that they are designed and implemented in a manner which
is sensitive to the interests of poor and vulnerable groups. In addition to the necessity
of NGO representation in the committees, NGOs are also recommended to participate
in:


4
  Representatives from these organizations as well as any other organizations of relevance should be
represented in the LRC.
                                                                                                       23
Al Mokha 60MW Wind Farm Project                    Resettlement Policy Framework (RPF)


   Coordination for the provision of supporting facilities/loans/ employment/capacity
    building programs, etc. based on the PAPs’ needs;
   Facilitation of access to the most vulnerable groups and ensuring fair
    representation of different social subgroups (e.g. women, youth, children, etc.);
    and
   Raising funds and mobilizing resources to target PAPs as a method for improving
    their living conditions post resettlement.

1.7.5 External Consultant(s)

Although it is not expected that OP 4.12 will be triggered as part of MWFP, the input
of an external consultant will be needed along the project if need arises for the
preparation of RAP/ARP. The consultant, in this unlikely case, will be needed to
assist in the following issues:

Resettlement and Capacity Building
 Assist PMU in the preparation of the RAP/ARP, particularly designing and
   applying the socio-economic survey; and
 Prepare training materials and provide the training to LRC members on legislative
   issues related to resettlement (particularly OP 4.12) as well as methods for
   engaging and consulting stakeholders (particularly PAPs) and monitoring
   techniques, and evaluate the training outcome.
Monitoring and Evaluation (M&E)
 Verify that project activities have been effectively completed with respect to
   quantity, quality and timeliness;
 Assess whether and how well these activities are achieving the stated goals and
   purpose of the project;
 Design monitoring tools;
 Carry out all the field surveys, investigation activities and stakeholders
   consultations as part of the monitoring process; and
 Review monthly and quarterly monitoring reports and other secondary data.


1.8 Implementation Process and Linkage to Civil Works

1.8.1 Resettlement Plans

The process of preparing MWFP resettlement plans, if required, will involve the
following:
 Establishing the cut off date and carrying out a census to identify PAPs;
 Conducting census and generating information about the PAPs, their entitlements
    regarding compensation, resettlement and rehabilitation assistance as required;
 Identifying disturbances, especially those affecting income-earning activities, and
    properly recording compensation or asset replacement; and
 Preparing a time phased action plan with a budget and making provision of
    compensation, resettlement, and other assistance as required, based on the census
    and inventory of losses, and in consultation with the PAPs.

The Special Purpose Company (SPC) through the PMU and the Social Development
Officer (SDO) shall ensure that following the census, ARP or RAP is prepared for
MWFP activity that triggers resettlement. The PMU may employ a private consultant
to provide valuation services required for the ARP or RAP. This assignment shall be
financed by the project.
                                                                                   24
Al Mokha 60MW Wind Farm Project                    Resettlement Policy Framework (RPF)




In case of involuntary resettlement, approval of the new pieces of land to be used for
resettlement shall be sought from the Government of Yemen in consultation with
local communities and affected individuals.

To ensure transparency of procedures, PAPs shall be informed of the method of
valuation used to assess their assets. All payments of compensation, resettlement
assistance and rehabilitation assistance, as the case may be, shall be made in the
presence of the PAPs in question and the local leaders.

1.8.2 Timeframes

The following key timeframes shall apply unless otherwise agreed between the SPC
and SDO, the Resettlement Committee and the PAPs:

   That asset inventory shall be completed at most four months prior to the
    commencement of work;
   That the resettlement plan shall be submitted to Special Purpose Company (SPC)
    for approval immediately after completion of asset inventory; and
   That civil works shall commence after compensation, resettlement and
    rehabilitation activities have been affected.

Timeframes shall be drawn up and agreed upon by all parties including the PAPs.

Compensation payments for acquired land, affected assets and resettlement of
households must be completed as a condition for the taking away of land and before
commencement of the civil works under the MWFP.

Adequate time and attention shall be allowed for consultation of both the PAPs and
host communities before bringing in the newcomers. The actual length of time will
depend on the extent of the resettlement and compensation and will have to be agreed
upon by all parties.

1.8.3 Linking Resettlement Implementation to Civil Works

PAPs will need to be compensated before work on MWFP can begin. The
compensation shall be done in accordance with this Resettlement Policy Framework
and subsequent resettlement and compensation plan(s).

For activities involving land acquisition or loss, denial or restriction to access of
resources, the MWFP will make adequate provisions for compensation and for other
assistance prior to the actual displacement and relocation. The assistance includes
provision and preparation of resettlement sites with adequate facilities.

In particular, land and related assets for MWFP activities may be taken away only
after compensation has been paid and resettlement sites and moving allowances have
been provided to PAPs. For MWFP activities requiring relocation or resulting in loss
of shelter, the project will take measures to ensure that PAPs are assisted and
resettlement program is implemented in accordance with the ARP or RAP.




                                                                                   25
Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


In the Implementation Schedule of the ARP or RAP, details on resettlement and
compensation must be provided. The schedule for the implementation of activities, as
agreed between the PMU/PIU and PAPs must include:

   Target dates for start and completion of MWFP civil works;
   Timetables for transfers of completed civil works to PAPs;
   Dates of possession of land that PAPs are using (this date must be after transfer
    date for completed civil works to PAPs and for payments of all compensation);
    and
   The link between RAP activities to the implementation of the overall MWFP.

When approving recommendations for resettlement during screening, in compliance
with this policy framework, PAPs must confirm that the resettlement plans contains
acceptable measures that link resettlement activity to MWFP civil works. Proper
timing and coordination of the MWFP civil works will be made to ensure that no
affected persons will be displaced (economically or physically) due to civil works
activity. Compensation is paid in full before any MWFP activity can begin.

1.9 Grievance Redress Mechanisms

1.9.1 Objective of Grievance Redress

The grievance redress mechanisms shall be designed with the objective of solving
disputes at the earliest possible time, which will be in the interest of all parties
concerned. World Bank OP. 4.12 emphasizes that the PAPs should be heard.
Therefore, they should be fairly and fully represented in an appropriate way. The
mechanism should implicitly discourage referring matters to a court for resolution.

Like many other rural areas in Yemen, the role traditional institution in resolving
disputes through mediation, customary tribal arbitration, and mutual according is
important in Al Mokha. Customary justice is regarded as less expensive than state
courts. The traditional tribal conflict prevention and resolution system has been and
is remain to be the main and most effective mechanisms for conflict management. It
has a set of comprehensive rules and traditions that prevent conflict by regulating
the use and sharing of resources, prescribe methods for resolving conflicts, and
impose enforcement mechanisms. Most disputes in Yemen are originated form
water right and land ownership. The tradition of collective responsibility governing
tribal culture has helped keep customary laws strong and effective in resolving land
disputes. It has played and continued to play an important role in addressing rural
land needs of public benefits projects in the Yemen.

The grievance procedures will ensure that the PAPs are adequately informed of the
procedure before their assets are taken. A grievance mechanism should be devised in
order for the PAPs to be able to voice their concerns, complaints, or dissatisfaction
with any part of the compensation process and seek redress. This RPF sets the outline
of the grievance mechanism that should be agreed upon and used by the MWFP in
case RAP/ARP is triggered. Simply, complaints can be made concerning the:

   Non-fulfillment of contracts;
   Compensation entitlement;
   Types and levels of compensation;
   Compensation policy, acquisition / destruction of land or assets; and
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Al Mokha 60MW Wind Farm Project                                  Resettlement Policy Framework (RPF)


   Resettlement, or development or transitional assistance.

Grievances should be addressed by traditional and tribal institutions or special
committees might be formed as an independent mechanism for the purpose of
receiving and responding to grievance in order to ensure that PAPs’ grievances are
treated fairly and timely.

The committee should collect and review the grievances (in coordination with the
representative local public official) monthly and the PMU should also play a role in
facilitating the response to these grievances. Particular attention will be paid to
vulnerable groups. It is also very important for the committees to ensure proper
documentation for all grievances and their resolution within a timely manner for the
monitoring process. Capacity building of the local committees is essential in order to
enable them to efficiently implement the different activities under the RAP/ARP.

It is recommended that in order to minimize the cases that are taken to the court and
avoid long and tiring litigation the local social context is careful consider, the
Yemeni customary law consistent with OP 4.12 are followed. However, if the
grievances or other disputes cannot be resolved through customary arrangements and
administrative actions, the PAPs can initiate legal proceedings in accordance with
provincial and national law (Article 51 of the Yemeni Constitution5) and have
recourse to the Appellate Courts and the Supreme Court, but this should be reserved
as a last option. The grievance redress approaches could be divided into proactive and
reactive approaches as illustrated under Figure 1.4 below.

Figure 1.4: Main Approaches for the Grievance Redress

                               Grievance Redress Approaches


     Proactive approach                                       Reactive approach
     a) Widespread disclosure of project                      a) Settle disputes amicably
     background                                               b) Deal with disputes to the extent
     b) Clarification of criteria for eligibility             possible at the local level using local
     for assistance under the RPF                             mechanisms, particularly those that
     framework                                                insure vulnerable groups get fair
     c) Establishing a committee of                           treatment
     honorable and respected persons                          c) If disputes cannot be solved at the
     (community leaders, Local Councils,                      local level, the PMU and other
     religious persons, etc.), to review any                  relevant organizations should review
     grievances that may result from the                      specific complaints. Highly skilled
     project (e.g LRC)                                        persons in communication and
                                                              dispute resolution should review
                                                              PAPs grievances




5
  A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall be
entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct or
indirect manner.
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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


1.10 Sources of Financing for Funding Resettlement
As soon as the activities triggering IR have been identified and approved by relevant
agencies and the WB, realistic cost estimates shall be calculated based on the data
collected from the socio-economic survey on the estimated number of PAPs that are
likely to be affected by the project and the quantity and types of affected assets. The
consultant in charge of the RAP/ ARP preparation shall consider that the budget
should include all of the anticipated impacts under the project and calculate the cost
(compensation, administrative costs and monitoring, support assistance, etc.)
according to actual replacement costs (at market value). The PMU, supported by the
WB, should be responsible for any compensation for land acquisition as well as any
capacity building activities done as part of the RAP/ARP process.

Under the MWFP, it is not expected that RAP/ARP for any of the project components
will be needed. However, some contractual procedures have been proposed by the
ESMP in order to minimize any potential negative impacts on the communities within
the project site. It is expected that these procedures will be fully funded by the
contractor. Other complementary mitigation measures like capacity building and
setting feedback and communication mechanisms have been considered with budget
allocations under the ESMP budget.

1.11 Consultation and Participation


Community consultation and participation will be undertaken from the planning stage
to implementation and monitoring phases of MWFP. Hence consultations and
participations shall be mandatory for all MWFP components requiring: a) land
acquisition, b) compensation and, c) resettlement.

1.11.1 Notification Procedure

The MWFP, through SPC, shall by public notice, and publicly announce in the media
(daily newspapers, national television, national broadcasting radios), notify the public
of its intention to acquire land assigned for the project.

The notice shall state:
       a)      Government’s proposal to acquire the land;
       b)      The MWFP purpose for which the land is needed;
       c)      That the proposal or plan may be inspected by PMU or the offices of
               the local authorities in the project district, during working hours; and
       d)      That any person affected may, by written notice, object to the
               transaction giving reasons for doing so, to the MWFP staff (namely the
               SDO) with copies to the local authorities and the within 14 days of the
               first public announcement or appearance of the notice. Assurances will
               be made that affected persons have actually received this information
               and notification.

1.11.2 Public Consultation Mechanisms

Public consultation and participation will be an essential feature of MWFP. The
project will use public consultation as a platform for providing an opportunity to
inform its project beneficiaries and other key stakeholders. MWFP will use public

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consultation and participation to create sense of ownership for the project. The
consultation mechanism will be devised with the aim of providing people with an
opportunity to present their views and values. It will encourage discussion on and
consideration of sensitive social and economic mitigation measures and potential
trade-offs.

In view of the above, the public consultation, within the context of MWFP, will afford
PAPs an opportunity to contribute to both the design and implementation of its
resettlement activities. Particular attention shall be paid to public consultation with
PAPs, households and homesteads, and host communities when resettlement and
compensation concerns are involved and resettlement is unavoidable option. In so
doing, the likelihood for conflicts will be reduced.

As a matter of strategy, the MWFP public consultation shall be an on-going activity
taking place throughout the entire project cycle. Hence, public consultation shall take
place during the:

   Project inception and planning;
   Screening process;
   Feasibility study;
   Preparation of project designs;
   Resettlement and compensation planning;
   Drafting and reading/signing of the compensation contracts;
   Payment of compensations;
   Resettlement activities; and
   Implementation of after-project community support activities.

The MWFP public consultation and participation shall take place through local
meetings, radio and television, request for written proposals/comments, completion of
questionnaires/application forms, public readings and explanations of the MWFP
ideas and requirements.

The MWFP public documents shall be made available in English and Arabic at the
national, local and homestead levels and at suitable locations including the official
residences/offices of village governments and village elders.

The MWFP public consultation measures shall take into account the low literacy
levels prevalent in the rural communities, by allowing enough time for discussions,
consultations, questions, and feedback.

1.12 Monitoring and Evaluation Arrangements


Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have
the following objectives:
 Monitoring of specific situations or difficulties arising from implementation and
    of the compliance of implementation with objectives and methods set out in the
    RAP/ARP;
 To verify that project activities have been effectively completed with respect to
    quantity, quality and timeliness; and
 Evaluation of medium and long-term impacts of resettlement on affected
    households’ livelihood, environment, local capacities and economic development.
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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


In carrying out all activities related to monitoring, evaluation and supervision,
consideration will be given to the vulnerability issues. The different vulnerable groups
referred to above should be consulted during the monitoring process in order to ensure
that their concerns are handled fairly. Regular monitoring of the RAP implementation
will be conducted internally, by the PMU, as well as externally, by an independent
monitoring agency hired by the WB.

1.12.1 Internal Monitoring

Internal monitoring of the implementation of the project RAPs will be the
responsibility of the PMU which includes a staff member dedicated to monitoring
results. This should be done in full collaboration with locally devised resettlement
mechanisms. The PMU will oversee the progress in resettlement preparation and
implementation through regular progress reports. The PMU should collect
information every month from the different resettlement committees. A database of
resettlement monitoring information should be established and updated monthly.
Quarterly internal monitoring reports should be prepared by PMU and submitted to
the WB. Quarter reports shall include information about the various monitoring
indicators as presented in Box 1.1 below.

A wide range of tools could serve for monitoring purposes. The previously mentioned
socio-economic survey can serve as a participatory tool for defining monitoring
indicators. Moreover, periodic Participatory Rapid Appraisals (PRA) will allow
consulting with the various stakeholders (local government, Local Committees,
NGOs, community leaders and PAPs). They will involve obtaining information,
identifying problems and finding solutions through participatory means, which may
include key informant interviews, focus group discussions (FGD), community public
meetings, structured direct field observation, and in-depth case studies of problems or
success stories.

Box 1.1 Guidelines for the Monitoring Indicators
The main indicators that will be monitored regularly are the following:
a) Checking that the screening activities that have been carried out in order to
determine the need for the preparation of a RAP
b) Payment of compensation to PAPs in various categories, according to the
compensation policy described in the RAP; with special focus on the vulnerable
groups and no discrimination according to gender, tribal backgrounds or any other
factor
c) Delivery of technical assistance, relocation, payment of subsistence and moving
allowances
d) Delivery of income restoration and social support entitlements
e) Public information dissemination and consultation procedures
f) Adherence to grievance procedures and outstanding issues requiring
management’s attention and equality of access
g) Attention given to the priorities of PAPs regarding the options offered
h) Coordination and completion of resettlement activities and award of civil works
contracts

1.12.2 External Monitoring



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In accordance with WB requirements for consultant procurement, the PMU should
hire an organization for the independent monitoring and evaluation of RAP/ARP
implementation. The organization should be specialized in social sciences and
experienced in resettlement monitoring. The organization should start its work as soon
as the updated RAP has been approved.

The rationale behind hiring an external institution is to ensure that the overall
objective of the resettlement plan is achieved in an equitable and transparent manner.
In addition to reviewing the issues covered by the internal monitoring progress report,
the external agency shall also evaluate and assess:

   The competence and effectiveness of the project implementing agencies (PMU);
   Adequacy of compensation, development and transitional assistance techniques
    provided for the PAPs;
   Ability to reach the most vulnerable PAPs;
   Consultation and public disclosure of the RAP; and
   Effectiveness of the grievance redresses mechanism.

Evaluation, however, is intended to ensure that policies (both Yemeni and the WB’s)
have been adhered to and provide the feedback needed for adjusting strategic
directions. Evaluation, thus, has the following objectives:

   General assessment of the compliance of resettlement activities with the
    objectives and methods as set out in this RPF;
   Assessment of the compliance of resettlement activities with the laws, regulations
    and safeguard policies cited above;
   Assessment of resettlement and relocation procedures as they have been
    implemented;
   Evaluation of the impact resettlement and relocation has on incomes and standard
    of living, with the focus on the poor and the most vulnerable; and
   Identification of actions to improve the positive impacts of the program and
    mitigate its possible negative impacts.

While carrying out the evaluation process, the project will utilize:
 This RPF as the guiding instrument;
 Yemeni laws and regulations as described in a preceding chapter; and
 The World Bank’s OP 4.12 on Involuntary Resettlement.


The evaluation of resettlement activities will be part of general assessment and review
activities undertaken for the MWFP as a whole.




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CHAPTER TWO: YEMENI LEGAL AND INSTITUTIONAL FRAMEWORK

This Chapter of the RPF identifies the most relevant elements of the Yemeni legal and
institutional framework in respect of property rights and land expropriation. The
Chapter also includes a review of current institutional arrangements, valuation and
compensation methods, grievance and redress procedures, administrative and court
appeal mechanisms, and legal requirements for the disclosure for information. It also
sheds the light on the main issues and challenges related to land management system
in Yemen.

2.1 Main National Legislation that Regulates Land Acquisition

Yemeni Legislation includes several provisions that regulate the process of declaring
land plots for public interest, the provisions for expropriation and compensation and
the definition of rights of owners and use of communal property. The key subjects
related to land property and land acquisition and the main pieces of Yemeni
legislation that deal with them are summarized in Box 2.1 below:

Box 2.1: Issues Related to Land Acquisition and the Yemeni Relevant Laws6
Public Ownership
Yemeni Constitution, Article 18 , 19 and Civil Law, Articles 118, 119, 120
Private Property
Yemeni Constitution, Article 7 , 20 and Civil Law, Articles 1154, 1159
Common Use of Land
Law no 21 of 1995 concerning State Land and Real Estate and The Republican
Decree 170, 1996
Waqf / Endowment Land
Waqf Law no 23 year 1992 and The Republican Decree 99, 1996
Agriculture Land
Yemeni Constitution, Article 7, papra (C) and Civil Law, Articles 761, 765, 770, 1159
Neighborhood Rights
Civil Law, Articles 1161, 1163, 1164
Squatters
Law no 21 of 1995 concerning State Land and Real Estate, Articles 58, 59

Land acquisition issues for the public interest
Law no 1 of 1995 (The Public Eminent Domain Law)
 Articles 1, 2 (defining projects for public interest)
 Article 4 on the administrative procedures for land acquisition
 Article 6 on the mutually agreed procedures for land acquisition
 Article 7 on the judicial procedures for land acquisition
 Articles 12 – 16 on temporary acquisition
 Articles 21, 27 provide general provision on acquisition


6
   The source of information presented in Box 2.1 above are cumulative from various previously
prepared RPFs for other projects in Yemen as indicated in the List of References. Several pieces of
laws that were referred to along this chapter have also been reviewed by the consultant.
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2.1.1 Land Ownership within the Yemeni Legislations Framework
Land ownership is based mainly on the principles of Islamic law (Shari’a law). The
main types of land are categorized in Figure 2.1 below.

Figure 2.1: The Categorization of the Main Types of Land According to Yemeni
Law




                                                            Type of Land




                                                            Religious Land                           Land for Neighbor-
                                                                             Land used by               hood Rights
 Privately Owned   State Owned (miri)   Communal Property                                                                    Other Types of Land
                                                               (Waqf)          Squatters




                                                                                            Barren Land              Desert Land             White Land        Marafeq Amaa




2.1.2 Privately Owned Land

Privately owned land covers all land held in private ownership, urban or rural, which
is neither waqf nor miri. It is subject to Sharia Law which dictates that the direct
descendents of the rightful owner will inherit the land on the death of the owner, and
only if this is not possible indirect descendents may inherit it. Private land may be
Freehold, in which case certain interests are owned in perpetuity, or Leasehold, where
certain interests are for a specific period. Other than that, privately owned land is
administered under customary law through a "Title Deed" or other contractual
document signed by a religious authority or a sheikh who is also responsible for
ownership records. While this practice provides for the availability of information on
tenure, boundaries and other features, there is often conflict between these documents
and the details shown in cadastral records. Private land property is also governed by
the constitution and the Civil Law as indicated below:

Box 2. 2: Yemeni Legislations Governing Private Land Property
Constitution
Article 20
Public appropriation of property is forbidden. Private appropriation is unlawful without
judicial decision
Article 7 Paragraph (c)
“Private property shall be respected and protected. Actions contrary to what have been stated
will be taken if and only if it is absolutely necessary and is in the best common interest and
against fair compensation in accordance with the Law.”
Civil Law




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Article 1159
The article does not give the right to anyone to deprive any other of his property except in
accordance with the provisions of jurisprudence and the procedures described therein, and
against fair compensation in accordance with the law.
Article 1154
 “Only the owner of the entity can benefit from it, use it and exploit it as he wishes but within
the limits of the provisions of the Jurisprudence laws.”

However, the practical application to private land management issues confronts many
challenges including:
 No full inventory of privately owned land exists;
 The growing confusion over communal land and the privately owned land which
  result in lack of clarity and conflict;
 There is a trend toward increasing private appropriation of communal land;
 The overlapping responsibilities between the locally-based traditional systems and
  the central government;
 The intervention of central government;
 There is little public confidence in the Land Registry, mainly in the rural areas
  where owners depends on local community leader for obtaining documents / deeds,
  which is the base for non-registered land, and Sheiks who are the prime
  beneficiaries of land conflict cannot be neutral arbitrators; and
 An ineffective court system overburdened with land conflict cases and the absence
  of defined classifications for the issues related to land acquisition in the Civil Law.

2.1.3 State–Owned or Government Land (Miri)

This is defined as whatever the State or public bodies actually own, or own in
accordance with the law. Such property shall not be disposed of or confiscated.
Individuals shall not be entitled to the ownership of such property as long as it
remains public. Any other form of property shall be considered private whether
owned by the State or public bodies or owned by an individuals. State-owned land is
discussed in Article 18 and 19 of the Constitution and Articles 118 - 120 of the Civil
Law and Law no. 21 of 1995.

Government land7 is land which was previously the property of the formal Royal
family and was taken over by state upon the formation of Yemen Arab Republic in
1962. It consist of large areas of open land, land for military use, land on which public
service buildings (schools, hospitals and ministries) are built and land granted by the
Government for public utility, i.e. roads and streets.




7
  Public property is defined under Article 118 of the Civil Law as: Whatever the State or public bodies
actually own, or owns in accordance with the law, such property shall not disposed of or confiscated.
Individuals shall not be entitled the ownership of such property as long as it remained public other than
this form of property shall be considered as private whether owned by the State or public bodies or
owned by an individuals.


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Al Mokha 60MW Wind Farm Project                      Resettlement Policy Framework (RPF)


Box 2.3: Yemeni Legislations Governing State/Government Land Property
Constitution
Article 19
Public property and assets have certain inviolability, which should be protected and
safeguarded by the state and all civilians. Any infringement or transgression of such
property or assets is an aggression and sabotage against society as a whole. The
perpetrator of such wrong-doing shall be punished in accordance with the Law.
Article 18
Public property, funds, assets and property owned by the state or public body
corporate, and shall be allocated to public benefit in deed or pursuant to a Law or
resolution. Such funds may not be disposed of or be confiscated or put in the
possession of individuals as long as these remain public. Individuals or persons may
benefit from public funds according to the purposes for which they are designed and
in line with the Law. Other than that, funds are private property irrespective of
whether owned by the state body corporate or natural persons.
Civil Law
Article 118 (Defines Public Property as explained above)
Article 119
Public Property shall lose its identity by actually ending the purpose for its use as
Public Property, or in accordance with a law or a resolution or by ending the purpose
for which it has been assigned as public utilization.
Article 120
The State and Public Bodies may deal with its property in all forms of dealings
indicated in the law. Barren lands not owned by any person shall be considered
permissible to all, the State or the individual may possess ownership in accordance to
what is indicated by the law.
Law, No.21 of 1995 concerning State Land and Real Estate
Under this Law, State lands are also deemed to include the following:
 White lands: Land which is situated outside the boundaries of official urban plan
  and connected with surveyed lands. Such lands are situated within the structural
  plans of cities;
 Al Muraheq Al Amma: mountains, hills and steep slopes that receive and discharge
  rain water and the Great Wadis through which the collected flood water runs;
 Coasts: their natural protected boundaries and semi-depopulated islands;
 Barren land: open or abandoned land, forests, sand areas and land covered by sand,
  where not otherwise the property of an individual; and
 Land and estate not owned by an individual and with no inheritors according the
  principles jurisdictions of Sharia Law.

2.1.4 Communal Land

Communal land is primarily used for grazing and firewood collection. Customary law
entrusts sheikhs with the management of communal land but there is a trend towards
increasing private appropriation by traditional natural leaders in villages (Sheikhs). In
recent years, as land speculation has increased, especially in areas close to towns
where there is a growing confusion between communal land and the land they own
privately. There is a trend towards increasing private appropriation of communal land.
Customary law entrusts sheikhs with the management of communal lands, primarily
used for grazing and firewood collection.

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Al Mokha 60MW Wind Farm Project                        Resettlement Policy Framework (RPF)


Box 2.4: Yemeni Legislations Governing Communal Land Property
Republican Decrees
Republican Decrees no. (170) of 1996 concerning law no. 21 of 1995 of Lands and
Real Estate:
Defines it as an annex to cultivated land if it is adjacent to it, and if the average height
of the Common-Use Land is not greater than twenty degrees, or similar. If the average
height of the Common-Use Land is greater than this average then the slope must be
measured from the demarcation line between the Common-Use Land and the
adjoining cultivated land such as mountains, mounds, and slopes that constitutes rain
water catchment areas and run-off routes. Among Common-Use Land is the ‘great
rain water run-off route’ which constitutes the main rain water flow route into which
branch routes discharge their content.
Article 2 of the Republican Decree concerning Law No. 21 dated 1995
concerning State land and property, Article 41 of the Law referred to above
Provide the following definition: “Common-Use Land are considered to be fully and
completely owned by the State.”
Law no. 21 of 1995 concerning State Land and Real Estate
Article 43
The right of ownership of the ‘Raqabah’ by owners of land which is adjacent to
Common-Use Land does not take effect in accordance with the provisions of the
previous Article (above) until after the expiry of the common benefit rights of
neighborhood in these Common-Use Lands.
Article 44
The right to benefit from Common-Use Land or from parts of it and which is owned
by the State remain to all whether for grazing or logging for firewood or others. The
State cannot violate these rights except when these violations are in the best interest of
all.
Article 46
Cultivated steps that pass through Common-Use Land or those which will be
constructed in future outside the limits of main cities will be considered as private
property of their owners before the issue of this Law.
Articles 163 – 165 of the Republican Decree No. 170 - 1996 (the executive bylaw
of the Law concerning State owned land and properties No. 21)
“State Properties Authority or its offices in the governorates is to identify the State’s
Common-Use Lands, fix their positions, calculate their total areas, measure their
slopes and then put them on special maps. Copies of these documents and maps must
then be distributed to Trustees and authenticating offices in each city, and to Property
Registration offices so that no document shall be issued with regards to dealing with
these lands except after securing the express permission of the State’s Properties
Authority.” Those concerned should approach the Authority or its concerned office
with respect to sorting and identification of Common-Use Land they are interested in
accordance with the provisions of the Law mentioned above.

2.1.5 Endowment / Waqf Land

Waqf endowment means “Arrest (freezing) of assets and the disbursement of benefits
(profits, rents etc) in seeking God’s favour.” Waqf is of two types: family Waqf and
charitable Waqf.

There are three main types of Waqf property:


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Al Mokha 60MW Wind Farm Project                       Resettlement Policy Framework (RPF)


1- Inner Waqf: comprising all mosques and their land in urban areas and properties
held in the rural areas whose revenues are used for the benefit of urban mosques;
2- Outer Waqf: comprising all mosques and their land in rural areas used for the
upkeep of mosques and religious institutes in villages; and
3- Private Waqf: land in private ownership where a portion of income is donated for
religious purposes and remains an encumbrance on the land in perpetuity.

Box 2.5: Yemeni Legislations Governing Endowment/ Waqf Land
Constitution
Article 22
Endowments have sanctuary rights, and those responsible for it have the duty of
improving and developing their resources in a manner that fulfils its objectives and
the jurisprudence requirements.
Waqf law no. (23) 1992 and Estates Republic Decree No. (99) 1996
Defines leasing Waqf Lands.
2.1.6 Agricultural Land
Agriculture Land: This is defined as actual cultivated lands or lands that are
prepared for cultivation. The legislations that regulate the management of agriculture
land are Article 7 of the Constitution and Articles 527, 756, 1159, 761, 765 and 770 of
the Civil Law.
Box 2.6: Yemeni Legislations Governing Agricultural Land
Constitution
Article (7) paragraph (c)
Private property shall be respected and protected and shall not be infringed except
when justified by necessity and for the public interest, this shall be in return for a fair
compensation according the law.
Civil Law
Article 527
Registering the contracts emphasizes that in selling lands, ownership as a result of
sale shall not be transferred between the contractees or for others except from the time
when the deed of sale is registered in the records prepared for this purpose and in
accordance with the special laws.
Article 756
Permits the leasing of agricultural lands and other type of lands according to the
consent of the contractees.
Article (1159)
It is not permissible for anyone to deprive any other person from his rightful property
except when it is allowed by the jurisprudence law (Islamic Law) and in a manner
stated in this law and with a fair compensation
Article 761, 765 and 770
Defines the terms plantation, farming and irrigation respectively.

2.1.7 Land for Neighborhood Rights
Yemen Civil Law, Article 1161, explains what is meant be neighborhood rights by
stating that an owner must not exercise his rights excessively to the extent of causing
harm to the property of his neighbor, nor should the neighbor blame his neighbor for
any unavoidable harm that may suffer as a result of being neighbors. This is regulated
by Articles 1161, 1163 and 1164 of the Civil Law.

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Box 2.7: Yemeni Legislations Governing Neighborhood Rights
Civil Law
Article (1161):
Explains what is meant by neighborhood rights, as above.
Article (1163):
If an owner builds a water duct or canal in his property, then it does not become
permissible for his neighbors to use unless after reaching an agreement. Thereafter if
what has been agreed upon is implemented, the participation of the neighbors with the
owner in the cost of construction and maintenance are indications of the satisfaction
of the owner.
Article (1164):
The owner of a land must allow sufficient water to flow through his land to irrigate
pieces of land that are far from the source of water, or to allow the flow of surplus
water for discharge into a nearest discharge point, against affair compensation. If a
piece of land through which passes a water stream suffers harm or damage then the
owner has the right to demand a fair compensation for suffering such harm or
damage. While, on the other hand, an owner who has through his land right of flow or
discharge cannot prohibit the normal flow even if it causes harm.

2.1.8 Laws Governing Squatters

Squatters are those who undertake controlling for any Lands or Estates which are
owned by the State. Law 21 of 1995 on Land and Real Estate is the most important
law that deals with squatters and their rights, particularly under Articles 58 and 59 as
stated below. In particular the rights of squatters are seen to have potential relevance
to the project (as explained in section 1.1.4 above).
Box 2.8: Yemeni Legislations Governing Rights of Squatters
Law no. 21 of 1995 on Land and Real Estate
Article 58:
Every normal or legal person has undertaken controlling before the issuance of this Law for
any Lands or Estates which are owned by the State, is considered aggressor and shall be
punished by the punishment which is stipulated in the Article No (48) of this Law, and it
shall be exempted from this punishment everyone has initiated by writing informing the
Authority for what he/she is controlling provided that the informing shall contain statement of
the Land Site, its area and any another information, and what has been created in this Land by
him/her after the aggression, during a maximum period of three months begins from the
announcement date which is issued by the Authority through the different media, anyone has
delayed of this deadline would be treated as aggressor on what he/she is controlling of Lands
and the Authority in coordinating with the security and judiciary bodies shall undertake the
ensuring measures for recovering the land by legal methods and pursuit the aggressors and
handing them to the judiciary.
Article 59:
Every one of those controllers has informed the Authority on time according to the Provisions
of Previous Article, the right for purchasing or renting for the land, which is controlled by
him/her. If the land use was contrary of the detailing designs, he/she has the right to get
another plot as alternative in the area to fulfill the objective of the previous land use, which
he/she was intending to implement this objective as much as possible, and it a Technical
Committee shall be formed for estimating the selling or renting prices of these Lands

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Al Mokha 60MW Wind Farm Project                              Resettlement Policy Framework (RPF)


according to the principles and standards which shall be set forth by the Minister's Decree for
formation the Committee with due consideration of the situations of limited income holders.

2.1.9 Other Types of Land

 Barren Lands: defined as open left lands or lands that are deserted
 Desert Lands: sandy lands, or lands that are covered with a sandy layer
 White Land: lands that are situated outside the boundaries of the detailed plans
  and that are connected with surveyed lands, such lands are situated within the
  structural plans of cities
 Al Murafeq Al Amma: mountains, hillocks and inclinations that receive and
  dispose rain water. Great Wadis through which the collected flood water runs are
  considered as part of Al Muraheq al Amma

2.2 Land Acquisition: Key Issues and Procedures (Law 1 year 1995)

Law No. (1) of 1995 “The Public Eminent Domain Law” aims at locating and
identifying State Lands and Estates8, and putting into place plans that identify such
lands, protect and maintain them by any kind of aggression. Public ownership is
whatever by nature or what has been prepared for public use, after a fair possession
for public interest No. 21 of 1995. It regulates Land Acquisition for the Public
Interest.

According to Article (1) of this law, Ministries, authorities and general institutions
may carry out acquisitions for the public interest when justified by necessity in return
for a fair compensation in accordance with this Law of real estate and all their content
inclusive of land for the purpose of the execution of projects that bear public interest.

Article (2) of the same Law states: "Projects of Public Interest” as all that is related to
vital projects that have no other alternatives like 1) water sanitation installations,
sites of mineral, oil, and gas resources, airports, harbors, dams and irrigation and
water supply projects and 2) shelters, trenches and access and all types of installations
required by security and defense and vital projects which have other alternatives
like 1) mosques, cemeteries/graveyards, schools, institutes, universities, hospitals,
military camps/barracks, police stations, slaughter houses, orphanages, roads and
markets, 2) industrial zones, agricultural installations, electricity projects,
communications and postal services 3) national parks, squares, sport clubs, cultural
centers, tourist facilities, housing installations and construction works and projects
that are related to the executions of approved development and investment plans.

Article (3) of the same law states that, in all cases, the act of acquisition of properties
of citizens is only reverted to when it is found that no property owned by the state
satisfies the purpose for which the act of acquisition is carried out.



8
   Lands and Estates where ownership belongs to the state; or that prove to be owned by the state
according to document, deeds, or any other legal justification, or barren lands, forests and jungles if
they are not a permanent property of an individual, or coast and their natural protected boundaries and
semi depopulated islands, or lands and estates that are not owned by an individual, and which have no
inheritors according the principles jurisdictions of the Sharai'ah Law or, finally, any lands that are
considered according to the jurisdictions of the existing laws a State property.

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Al Mokha 60MW Wind Farm Project                       Resettlement Policy Framework (RPF)


Figures 2.2 Types of Land Acquisition Procedures and the Regulating Laws
                           Types of Land Acquisition Procedures




Administrative        Judicial Acquisition        Amicable / Mutually     Temporary Acquisition
 Acquisition                                      Agreed Acquisition




   Dealt with              Dealt with                  Dealt with             Dealt with
     through                 through                    through                 through
  Articles 4 &            Articles 7: 11               Article 6 of           Articles 12:
  5 of Law (1),            of Law (1),                  Law (1),              16 of Law
       1995                    1995                       1995                 (1), 1995




Annex III of the RPF provides summary of the articles related to the administrative,
judicial, amicable and temporary acquisition. Annex III also includes more general
articles from Law 1 year 1995 on acquisition procedures.

2.3 Institutional Arrangements

2.3.1 General Authority for Land Survey and Urban Planning (GALSUP)

Subject to law of Land and Real Estates no. 21 of 1995, the General Authority for
Land Survey and Urban Planning (GALSUP) was established under the Presidential
Decree no. 35 of 2006 which merged the Survey and Notary Public Authority with
Planning Department (formerly an affiliate of General Works & Roads) in General
Authority for Land Survey and Urban Planning (GALSUP) which became responsible
for all land related tasks; planning, preparation, concession/ ownership contracts,
notarization and executing expropriation process with assistance from technical
experts contracted by the concerned ministry. GALSUP encompassed the following
departments:

Land Department      This department is in charge of site inspection of the lands to be
                     issued for sale, presentation of technical reports about the safety
                     and borders of the site prior to reference to authentication
                     department and finalization of all legal and financial measures.

Planning             This department is chaired by an engineer and assisted by
Department           engineers who are responsible for preparation of layouts, their
                     reference to the planning department, setting out in land and
                     photogrammetry.

Notary Public        Registration of the estate property in the owner’s name,
Department           priorities and facilities.

Control and          This is one of the important offices for its daily follow-up and
Inspection           control of any violations, whether infringement upon state land,
Department           building on unplanned land/without licenses. It imposes fines

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Al Mokha 60MW Wind Farm Project                       Resettlement Policy Framework (RPF)


                       and refers the violators to the prosecution.

Under Decree 35 of 2006, GALSUP is responsible for executing expropriation
process with assistance from technical experts contracted by the concerned ministry.
The Authority will appoint an EC to estimate the property value for those who have
title. If public land is occupied without title, a special Technical Committee set up by
the concerned ministry will assess its value.

2.3.2 The Ministry of Public Works and Highways (MoPWH)

Governmental rural land is administered by the Ministry of Public Works and
Highways (MoPWH). It also overseas the administration of government-owned tribal
land by tribal or village leaders. The office for Public Works and Highways
(represented by the Ministry on the governorate level) plays a vital role in issuing
building licenses according to the recognized legal procedures and measures.
Therefore, building control and citizen’s compliance with laws shall have positive
impact on building safety, non-violation and avoidance of demolition in case of works
on public roads (i.e. road pavement), city reorganization and its consequent layout
changes, owners’ exposure to certain damages and compensation methods undertaken
according to ownership law.

2.3.3 The Ministry of Finance (MoF)

The Department of Public Domain maintains urban land records such as registers of
transactions, sales, and purchase leases.

2.3.4 Local Councils

According to the Local Administration Law (number 4/2002), the Local Councils
represent the executive authority on the level of governorates. This law grants the
right for the local authority to participate in all aspects of health system. According to
this law the administrative bodies at the governorates or directorates, represented by
the elected members of the Local Councils in addition to the Governor or the General
Secretary of the governorate or the directorate are authorized to plan, prepare budgets,
and manage human resources and infrastructure various project including any
associated resettlement that might be encountered.

They are represented by governors. They play a role in the control of resettlement
processes thanks to the executive decrees and instructions of the central organizations
and formalization of informal cases. A significant role was played by the executive
authorities in organizing the resettlement process (involving IR) in many previous
cases in Yemen. Examples of this include a case in Aden Governorate, where
measures were adapted for the displaced persons of Caltex shipping village. The role
played by the governorate included paying compensation to the affected persons. In
Hadramout, the governor also formed high committee headed by Mukalla local
council in order to formalize the situations of squatter residents.

Local Resettlement Committees (LRC) are considered to be local mechanisms formed
by the local authorities in some governorates to deal with resettlement. This
mechanism is a positive model that encourages community participation in solving


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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


the resettlement issues. These committees, to a large extent, comply with the WB OP
4.12.

2.3.5 Additional Mechanisms

Under Articles 18 to 20 of the Law of State Lands Real Estates of 1995, the Minister
of Justice established a permanent or temporary EC in every governorate (or for each
individual case) that comprised a judge, who takes the role of chairman, an engineer,
a representative of the expropriating authority, and the owner(s) of the expropriated
real estate or their representative. If there are many owners and they cannot agree on a
representative, he/she shall be chosen on a majority basis, taking into account the
percentage ownership, or selected by the Chief Justice of the Court of Appeal.

When assessing compensation, the EC will therefore take account of:

 Prevailing real estate values within the project area.
 The condition of plants, buildings and installations, dates of construction, and the
  damage to be imposed.
 Any resulting improvement in the location of, or benefit from, the remaining parts
  of the real estate, or an increase in its value as a result of partial expropriation.
 Other factors identified by the EC.
 If the remaining portion of a partially expropriated estate becomes useless, the court
  should order the expropriation of the whole estate.

In accordance with Article 59 of the Real Estates Law, the EC must recognize the
rights of squatters on public land to receive compensation for involuntary settlement.
Legal guidelines of compensation differ between the different types of expropriation.
For all, compensation payments are to be made prior to commencement of the project
works.

Local authorities in some governorates like Hadramout and Aden also initiated local
resettlement committees (LRCs) which included, inter alia, representatives of the
local authorities, owners’ representatives and some community leaders. The LRCs
objective was to find solutions for resettlement cases, both those that have already
been done as well as potential cases. Their assistance was focused on individuals who
have no legal documents (squatters). Efforts were made to compensate those
individuals by providing them with access to appropriate sites with basic services.
These procedures and efforts had a positive impact on the resettlement process for
those individuals.

It is worth mentioning that such a local mechanism complies to a large extent with
World Bank safeguard policy (OP 04.12) in terms of encouraging local community
participation in resettlement.

2.4 Main Challenges Related to Land Ownership and Institutional Capacities

Land ownership issues are complex in Yemen, and are beyond the scope of a project
to resolve. Land tenure issues may raise unpredictable legal impediments that can stop
a project or may require removal of already constructed infrastructure to the detriment
of timely project implementation.

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The customary law of the Yemeni tribes recognizes the importance of avoiding harm
and damage to property. It facilitates actions in order to improve resettlement
implementation. In rural areas, customary law entrusts sheikhs with the management
of communal lands, primarily used for grazing and firewood collection. The Public
Eminent Domain Law (Law 1 of 1995) clearly states that property and/or land
expropriation is to take place only when no suitable public land alternative is
available and fair compensation should be provided. Article 1166 of the Civil Code
no. 19 of 1992 states that no one can be deprived of property except according to
various relevant laws and in exchange of fair compensation.

However, and despite the fact that Yemen may have legal framework and regulations,
practical application is confronted with many challenges including the growing
confusion over communal land and privately-owned land which has resulted in lack of
clarity and a source of conflict. As previously mentioned, there is a trend toward
increased private appropriation of communal land. There is also little public
confidence in the Land Registry, mainly in the rural areas, where owners depend on
local community leader for obtaining documents / deeds, which serve as the base for
non-registered land.

At the current stage, no unique institution is in charge of the resettlement and
compensation issues. These issues are dealt with through a number of institutions as
explained above. GALSUP, MoPWH and the Local Councils are the relevant
governmental organizations that have roles and responsibilities related to land
acquisition, resettlement and compensations. In many cases, the overlapping
responsibilities and the bureaucratic procedures lead to delayed responses to the PAPs
in terms of paying their compensations and listening to their grievances. This, in turn,
may result in a troubling situation and entering into judicial procedures which are
long and complicated. There are usually complaints related to the unfair estimation of
compensation for the various losses in assets. This, in turn, has resulted in lack of trust
among people who are entitled to compensations from the respective authorities.

Within the context of weak governance in Yemen, law enforcement is challenging
and the judicial system also exhibits weaknesses due to the absence of exact
definitions for the issues related to land acquisition within civil law. This calls for
alternative measures to ensure the issues set out and protected by law are addressed.
Thus, it is necessary that the RPF take the social context into account and adapt to
local conditions.




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CHAPTER THREE: GAPS BETWEEN YEMENI LEGISLATION AND THE
WORLD BANK OP 4.12

This Chapter of the RPF presents the main gaps between the Yemeni legislation of
relevance to land acquisition and involuntary resettlement and OP 4.12 of the World
Bank. The Chapter also propose specific measure to bridge the gas between the two
sets of legislations. The Chapter also presents the capacity building needs in order for
the concerned authorities to apply the proposed measure and implement an efficient
resettlement program.

3.1 Discrepancies between Yemeni Laws and OP 4.12

Many of the Yemeni pieces of legislation comply with the World Bank safeguard
policy OP 4.12. However, some key discrepancies have been identified during the
legislation review and the consultation with stakeholders.

3.1.1 Calculation and Timing of Compensation

Both Yemeni Laws and the World Bank agree on the need for compensation for any
land and structure affected by project activities. Under Yemeni laws, the value of the
affected land or structure is assessed by the Estimation Committee (EC) and payment
is made prior to displacement in case compensation is alternative land. OP 4.12
clearly provides methods to be used to calculate land and/or structure compensation
rates, and requires evidence that these rates are consistent with the policy principle of
full replacement value (please refer to Table 3.2 above). OP 4.12 also states that
payment should be made prior to displacement.

The gap in the Yemeni legislation mainly relates to the practical application of the
law. Previous experience suggests valuation is often substantially below full market
replacement value because no real valuation is done. There is a lack of experience and
the value of equivalent real estate is not properly identified.

Recommended Measures for Bridging the Gap:

      Build the capacity of the concerned authority on Bank’s OP 4.12 with the
       focus on calculation of compensation at full replacement cost;
      For a longer term recommendation, which might be out of the direct scope of
       this RPF, longer term strategy and plans to address the weak implementation
       mechanisms of the Yemeni organizations should be considered; and
      Payment should be made prior to displacement in all cases.

3.1.2 Definition of Affected Persons (PAPs)

The Yemeni legislation (according to Law no. 21 of 1995) includes two main
categories of affected groups, namely legal owners and squatters. OP 4.12, however,
includes all affected people owners/squatters, regardless of the size of the damage
(housing/economic activity) and its extent.




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Recommended Measures for Bridging the Gap:

All affected people should be eligible for full compensation. Any PAPs from housing
dispossession /economic activity shall be entitled to compensation as stated by the OP
4.12.

3.1.3 Public Participation, Consultation

The Yemeni Constitution, Election Law and Local Administration Law each
recognise the importance of community participation, but no specific procedures or
guidelines on the practical application of community participation are given.
According to Law no. 21 of 1995, PAPs should be informed about the resettlement
decisions through the compensation committees that negotiate with them and gather
information about asset inventory, number of family members, etc. On the other hand,
and according to OP 4.12, displaced persons and their communities are provided
timely and relevant information, consulted on resettlement options, and offered
opportunities to participate in planning, implementing, and monitoring resettlement.
Community participation, thus, is perceived as a key ingredient in the process of
resettlement.

Recommended Measures for Bridging the Gap:

Through the LRC (in case this has been formed) and the FFC, which includes
representatives from various stakeholders, PAPs could be consulted and participate in
selecting the preferred resettlement alternatives that suit them.

Efforts should be made to ensure sharing of information on the resettlement process
and the options for compensation and consulting APs during the different stages of
the resettlement process (planning, implementation, monitoring, etc.) as stated in OP
4.12. The PMU should play a role in facilitating the consultation activities and in
ensuring that PAPs’ preferred options are addressed through employing participatory
planning and decision making to be applied in resettlement options and compensation.
PMU also should work to ensure timely transparent information sharing, particularly
information related to the cut-off date and paying compensations.

3.1.4 Grievance Mechanisms

Under Article 51 of the Constitution, any citizen may resort to the court for the
protection of his right and legitimate interests, and is entitled to lodge complaints,
criticisms, and suggestions to state entities and organizations, directly or indirectly.
The Yemeni law provides for the right of grievance before the Estimation
Committee/courts. To address grievances, PAPs can first seek satisfaction through
local customary practices for resolving conflict. They can then initiate legal
proceedings in accordance with provincial national law. However, there is need for
proper and practical mechanism to address PAP grievances.

According to the OP 4.12, appropriate and accessible grievance mechanisms should
be established in order to ensure that PAPs clearly articulate grievances and that
actions are taken to respond to these grievances.



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Recommended Measures for Bridging the Gap:

Gaps between the Yemeni law and World Bank requirements on consultation and
grievance mechanisms could be addressed by:
 Proper and accessible mechanisms to be established with initiation from the PMU
    and with full cooperation from various stakeholders, namely those represented in
    the LRC; and
 Grievances should be heard prior to resettlement.

3.1.5 Vulnerable groups

Vulnerable groups are inexistent in the Yemeni legislations. According to the Yemeni
Constitution, all people are equal in front of the law and no exceptions are considered.
According to the OP 4.12, the interests of the vulnerable groups should be considered,
especially for those below the poverty line, the landless, the elderly, women, children,
etc.

Recommended Measures for Bridging the Gap:

   The PMU should pay great attention to these groups particularly the poorest and
    those with unsecured sources of income. PMU should lead the efforts to attract the
    attention of various concerned stakeholders, including Local Councils and NGOs.
   Vulnerable groups should be consulted meaningfully throughout the project cycle
    and assisted in improving their socio-economic condition.

3.1.6 Resettlement assistance

According to Yemeni Legislation, the resettlement compensation is only limited to the
compensation amount valuated by the ad hoc committee, in addition to providing all
the needed services. On the other hand, the WB OP 4.12, affected people are to be
offered support after displacement, for a transition period.

Recommended Measures for Bridging the Gap:

In addition to the paid compensation based on the decision of EC and upon the
preferred alternatives for the PAPs, resettlement assistance during the transition
period should also be considered, as well as the provision of all services for
resettlement area.

3.1.7 Rights of Squatters

Yemeni law recognizes the rights of squatters on public land to receive compensation
in the event of involuntary settlement, but enforcement is weak.

Recommended Measures for Bridging the Gap:

   Build understanding and capacity to ensure that rights of the squatters are
    addressed properly;
   Include the provision of clear guidance to the EC on how compensation standards
    are set and applied; and


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Al Mokha 60MW Wind Farm Project                      Resettlement Policy Framework (RPF)


   Raise public awareness of squatters and the public on their rights and
    responsibilities to demand their rights from the State as appropriate within laws
    and regulations.

3.2 Capacity Building Needs

Capacity building is seen as a major and important guarantee for the efficient
implementation of the RAP/ARP and in order to ensure efficient implementation for
the measures that aim to bridge the identified gaps between the Yemeni laws and OP
4.12.

As mentioned above, many institutions already have a stake in the process (e.g. the
GALSUP, MoPWH, Local Councils). Other mechanisms/community models (e.g.
LRC) already exist or will be introduced/encouraged to participate in order to
implement the RAP/ARP (LRCs, NGOs, Cooperatives, etc.) in the relevant cities, in
case the RPF is triggered. A comprehensive institutional assessment should be
conducted in order to identify the key challenges that they face and the capacity gaps
that they need to fill in order to implement the RAP/ARP.

Under the MWFP, PMU has been established in the MoEE Sana’a where all fiduciary
safeguarding, monitoring and reporting will remain centralized there. The PMU will
play a major role in the implementation of the RAP/ARP guided by this RPF, in case
IR is triggered. Currently the PMU experience related to the involuntary resettlement
is still limited, capacity building on relevant issues related to the execution of the
RAP/ARP is also very important in case IR is undertaken. Tailored capacity building
programs should also target the PMU staff, particularly the Social Development
Officer (SDO) who should be the primary target with the capacity building. M&E
staff within the PMU should also be included in the capacity building program.
The capacity building needs assessment is expected to show findings which are not
merely linked to the need for training on the different subject; a need for institutional
support might emerge. The overlapping responsibilities and a lack of coordination
channels among the organizations of relevance to resettlement and compensation are
key issues of priority. Although this is out of the direct scope of MWFP, unless these
issues are addressed, land management and resettlement programs will remain a big
problem in Yemen.

As part of the proposed capacity building program, training on different relevant
subjects is also essential to enable the various organizations/mechanisms to
implement the RAP/ARP. It is recommended for the training programs to include two
main large modules:

 The first is related to the legal part of the resettlement issue
 The second should be linked to community participation, which is an essential
  ingredient for the RAP/ARP that is prepared under OP 4.12 (as shown in Figure
  4.1 below)




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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


Figure 3.1 PAPs Consultation and Participation in the RAP/ARP along the
Project Cycle

 Ensure PAPs views and                          PAPs participate in the
  concerns are concerned                          introductory meetings
 Participate in evaluating                      PAPs are informed about
  the RAP/ARP process                             the project and RPF
  by being consulted                             PAPs are consulted during the
                                                  socio-economic survey
                                                  preferences …etc




           (4)
                                                               (1)
         Project                                     Project Identification /
       Monitoring &                                       Preparation
        Evaluation

                                    Project
                                    Cycle

            (3)                                               (2)
          Project                                    Project Appraisal
      Implementation                                    / Approval




  PAPs will be part of the                         Communities (PAPs) are
   compensation contracts
  PAPs will be given the chance                       informed about the approved
   to express grievance and                            RAP/ARP
   redress

Although both the modules are seen to be relevant to different institutions, it is
recommended for the LRCs, Local Councils, NGOs or those who might be engaged
in the resettlement process to focus in-depth on the second module as it will be very
much linked to the practical application.

The following topics were identified for training of the concerned organizations:

RPF-Related Issues
 Yemeni legislation related to resettlement;
 WB OP 4.12 (PAPs, eligibility criteria, assets valuation, compensation,
  entitlements); and
 The gaps between Yemeni legislation and WB safeguard policy and activities to
  fill in those gaps.

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Al Mokha 60MW Wind Farm Project                   Resettlement Policy Framework (RPF)


Methods for Engaging and Consulting Stakeholders (particularly PAPs)
Community participation tools (PRAs tools, Social Assessment surveys, etc.)
Developing social mitigation measures
Communication skills
Dispute resolution
Community mobilization
Awareness raising techniques
Monitoring and evaluation (tools and techniques)
IT training (word processing, data analysis and internet)
Documentation and report writing




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Al Mokha 60MW Wind Farm Project                      Resettlement Policy Framework (RPF)


Annex I: The Process of RAP/ARP preparation and the different resettlement
steps within the project cycle.

Introduction to RAP/ARP
The RAP/ARP is the most important resettlement instrument that will be applied
should IR be undertaken. RAP/ARP should assess the number of PAPs, propose
alternative locations for the sub-projects if possible, identify the eligibility criteria,
include provisions for compensation and assistance, and address the means by which
the project monitoring and evaluation will take place to ensure that the PAPs receive
their compensation and that their grievances are heard and addressed. The mitigation
measures and compensation policies proposed in the RAP shall be disclosed to the
PAPs for feedback and comments.

Once the project activities under the MWFP have been identified, they should be
screened by the PMU to determine whether or not they will necessitate the
involuntary resettlement of people within the determined project area. Most likely, no
need for IR will arise along MWFP cycle, consequently the whole process of
RAP/ARP will not be applicable. However, for the purpose of this RPF, the following
section will present the main steps for the preparation of the RAP/ARP.

According to Annex A of the WB’s OP 4.12 on IR, the sub-project RAP should the
following design criteria:

Box I: Design Criteria for RAP
    A description of the sub-project and a discussion of how the displaced will
       maintain or upgrade their living standards
    Identification of potential impacts
    Objectives of RAP
    Site selection for new settlement, along with relocation risks and
       reconstruction;
    A census survey of displaced persons and valuation of assets
    Relevant findings of the socio-economic study
    Legal framework
    Institutional framework
    Eligibility criteria and eligible PAPs
    Valuation and compensation for losses
    Services offered after relocation (e.g. employment , electricity, etc.) based on
       an assessment of their needs
    Resettlement measures
    Site selection, site preparation, relocation, provision of services (facilitation of
       relocation)
    Housing, infrastructure, and social services
    Environmental protection and management
    Community participation
    Integration with host populations
    Grievance procedures
    Organizational responsibilities and timetable (what institution is responsible
       for implementation of the relocation)
    Implementation schedule

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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


      Costs and budget
      Monitoring implementation and outcomes
      Evaluation

The same reference also highlighted the key minimum elements that an abbreviated
plan (ARP) should covers. This is listed in Box 3. 2 below.

Box II: Minimum Elements to be included in ARP
    Project activities requiring acquisition of land or other assets with required
       details such as sketch maps
    A census survey of displaced persons and valuation of assets
    Officially certified enumeration of the persons affected and the types of
       impact
    Entitlements, description of compensation and other resettlement assistance to
       be provided and the bases of compensation rates
    Consultations with displaced people about acceptable alternatives
    Institutional responsibility for implementation and procedures for grievance
       redress
    Time table for implementation of the action
    Arrangements for monitoring and implementation
    A timetable and budget

RAP/ARP and the Project Cycle
PRA/ARP during Project Identification

Project Screening

During the screening phase, cadastral information might involve gathering
information about land ownership, structures and uses of the land that would be
directly affected by the works, either temporarily or permanently. This information
shall be verified by a qualified consultant who shall provide written and visual records
and enumerate all economic, residential or other ownerships and uses of the land that
would be affected, along with an estimate of the number of people affected by type of
impact.

This same phase should also include conducting introductory meetings with
communities, including PAPs and vulnerable groups, in order to inform them about
the project and to disseminate the prepared RPF and inform people about their rights
and entitlements.

Preparation of the Socio-economic Survey

Following the identification of the project component that may necessitate involuntary
resettlement, the next step would be prepare a socio-economic study, in which
baseline data within the project’s target areas is collected. The study should be
carried out by a social and resettlement consultant assisted by the local community
leaders. It should examine the nature of the impacts; the socio-economic and cultural
setting, local organizations, and social risks, total land holdings, affected assets as
well as the indicators that would ensure that the project affected people, at minimum,
regain their former quality of life or, preferably, are enabled to improve it. The
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Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


information should be collected from PAPs and related household members or
dependents. This information will be put in writing and used in the preparation of the
RAP and in determining the appropriate compensation and assistance for each
affected individual / household. Box 3. 3 below shows the objectives of socio-
economic survey.

Box III: The Socio-economic Survey Objectives
    Introduce the project to the PAPs
    Collect census data to identify PAPs on the individual and household levels
    Description of the affected households including information about livelihoods
       and production and labor systems, standards of living and an analysis of their
       legal rights and informal entitlements and any issues of potential conflict
    Collect census data to identify vulnerable and severely affected PAPs
    Collect census data on the overall socio-economic environment of the affected
       communities
    Statement of the magnitude of the expected loss (total or partial) of assets and
       the extent of physical or economic displacement
    Identify stakeholders
    Identify impacts of the sub-project on the livelihoods of the PAP (i.e. property,
       structures, income, etc.)
    Identify any concerns or worries the PAPs may have
    Identify the resettlement preferences of the PAPs

Preparation of RAP/ARP

For projects that will trigger IR and will require the preparation of the RAP/ARP,
their preparation should be considered prior to the appraisal phase. The preparation of
the RAP/ARP should consider the key design criteria previously presented in Boxes
3.1 and 3.2 above.

RAP/ARP during Project Appraisal

The prepared RAP/ARP needs to be reviewed by an appraisal committee from the
project team as well as other relevant local or central authorities and then sent for
final approval by the Bank. The RAP/ARP will include the proposed mitigation
measures and this will help in making a decision as to whether or not the project shall
be implemented. The prepared RAP/ARP shall take into consideration the
communities concerns and worries raised in the process of putting together the socio-
economic survey. The WB should clear the RAP/ARP and approve it for
implementation.

RAP/ARP during Project Implementation

1- Prior to the project implementation, PAPs that have been determined to be eligible
for compensation should be compensated in accordance with the approved project’s
RAP/ARP. This includes providing the PAPs with cash compensation, preparing the
resettlement sites with the adequate structures and facilities, and / or providing
different development and transitional assistance measures to assist the displaced
persons.
2- A cut off date should be determined by one month from the disclosure of the
census and contradictory verifications of the census by the PAPs. Persons who

                                                                                    52
Al Mokha 60MW Wind Farm Project                               Resettlement Policy Framework (RPF)


encroach onto the area after the cut-off date are not entitled to compensation or any
other form of resettlement assistance. Affected individuals, households, and
communities, who have been identified earlier under the socio-economic survey, will
be consulted about their compensation preferences.
3- The PAPs will be formally informed through written or verbal notification (in case
some of the PAPs are illiterate) delivered in the presence of at least one public
official. The PMU as well as any local resettlement mechanism that might be
initiated (e.g. Local Resettlement Committee) will arrange meetings with the affected
individuals / households to document the lands acquired by the sub-project throughout
the implementation period and discuss the compensation process.
4- The PAP will be required to sign a contract detailing the acquired land plots and /
or partially or completely affected structures and the corresponding types of
compensation (i.e. cash or in-kind) that have been agreed upon. The signature of the
compensation contracts as well as the actual payments and in-kind transfers shall be
made in the presence of at least one public official from the city authorities. The
contracts may also include contracts on possible transitional or developmental
assistance and income restoration measures that will be given to the PAPs including,
provision of skills training, access to credit, and activities related job opportunities.
5- A grievance mechanism should be devised in order for the PAPs to be able to voice
their concerns, complaints, or dissatisfaction with any part of the compensation
process and seek redress. The RPF sets the outline of the grievance mechanism that
should be agreed upon and used by the project in case RAP/ARP is triggered.
Simply, complaints can be made concerning the:

             Non-fulfillment of contracts,
             Compensation entitlement,
             Types and levels of compensation,
             Compensation policy, acquisition / destruction of land or assets,
             Resettlement, or development or transitional assistance.

The grievances should be addressed to the previously proposed local mechanisms
(LRC) or special committees might be formed as an independent mechanism for the
purpose of receiving and responding to grievance in order to ensure that PAPs
grievances are treated fairly and timely9. The committee should collect and review the
grievances (in coordination with the representative local public official) monthly and
the PMU should also play a role in facilitating the response to these grievances.
Particular attention will be paid to vulnerable groups. It is also very important for the
committees to ensure proper documentation for all grievances and their resolution
within timely manner for the monitoring process. Capacity building of the local
committees is essential in order to enable them to efficiently implement the different
activities under the RAP/ARP (this will be mentioned in more details below).

World Bank OP. 4.12 emphasizes that the PAPs should be heard. Therefore, they
should be fairly and fully represented in an appropriate way. It is recommended to
minimize the cases that are taken to the court in order to avoid long and tiring
litigation. However, if the grievances or other disputes cannot be resolved through
administrative action, the PAPs can initiate legal proceedings in accordance with




9
    The proposed FCC may fill in the purpose of receiving and responding to grievance
                                                                                              53
Al Mokha 60MW Wind Farm Project                                 Resettlement Policy Framework (RPF)


provincial and national law (Article 51 of the Yemeni Constitution10) and have
recourse to the Appellate Courts and the Supreme Court but this should be maintained
as a last option. The grievance redress approaches could be divided into proactive and
reactive approaches as illustrated under Figure 3.1 below.

Figure I: Main Approaches for the Grievance Redress

                               Grievance Redress Approaches


     Proactive approach                                      Reactive approach,
     a) Widespread disclosure of project                     a) Settle disputes amicably
     background                                              b) Deal with disputes to the extent
     b) Clarification of criteria for eligibility            possible at the local level using local
     for assistance under the RPF                            mechanisms, particularly those that
     framework                                               insure vulnerable groups get fair
     c) Establishing a committee of                          treatment
     honorable and respected persons                         c) If disputes cannot be solved at the
     (community leaders, Local Councils,                     local level, the PMU and other
     religious persons, etc.), to review any                 relevant organizations should review
     grievances that may result from the                     specific complaints. Highly skilled
     project (e.g LRC)                                       persons in communication and
                                                             dispute resolution should review
                                                             PAPs grievances

RAP/ARP during Monitoring and Evaluation (M&E)

Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have the
following objectives:
     Monitoring of specific situations or difficulties arising from
        implementation and of the compliance of implementation with
        objectives and methods set out in the RAP/ARP;
     To verify that project activities have been effectively completed with respect
        to quantity, quality and timeliness;
     Evaluation of medium and long-term impacts of resettlement on
        affected households’ livelihood, environment, local capacities and
        economic development.
In carrying out all activities related to monitoring, evaluation and supervision,
consideration will be given to the vulnerability issues. The different vulnerable groups
referred to above should be consulted during the monitoring process in order to insure
that their concerns are handled fairly. Regular monitoring of the RAP implementation
will be conducted internally, by the PMU, as well as externally by an independent
monitoring agency, hired by the WB.




10
  A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall
be entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct
or indirect manner.
                                                                                                         54
Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


- Internal Monitoring

Internal monitoring of the implementation of the project RAPs will be the
responsibility of the PMU which includes a staff member dedicated to monitoring
results. This should be done in full collaboration with locally devised resettlement
mechanisms. The PMU will oversee the progress in resettlement preparation and
implementation through regular progress reports. The PMU should collect
information every month from the different resettlement committees. A database of
resettlement monitoring information should be established and updated monthly.
Quarterly internal monitoring reports should be prepared by PMU and submitted to
the WB. Quarter reports shall include information about the various monitoring
indicators as presented in Box 3. 4 below.

A wide range of tools could serve for monitoring purposes. The previously mentioned
socio-economic survey can serve as a participatory tool for defining monitoring
indicators. Moreover, periodic Participatory Rapid Appraisals (PRA) will allow
consulting with the various stakeholders (local government, Local Committees,
NGOs, community leaders and PAPs). They will involve obtaining information,
identifying problems and finding solutions through participatory means, which may
include key informant interviews, focus group discussions (FGD), community public
meetings, structured direct field observation, and in-depth case studies of problems or
success stories.

Box IV: Guidelines for the Monitoring Indicators
The main indicators that will be monitored regularly are the following:
a) Checking that the screening activities that have been carried out in order to
determine the need for the preparation of a RAP
b) Payment of compensation to PAPs in various categories, according to the
compensation policy described in the RAP; with special focus on the vulnerable
groups and no discrimination according to gender, tribal backgrounds or any other
factor
c) Delivery of technical assistance, relocation, payment of subsistence and moving
allowances
d) Delivery of income restoration and social support entitlements
e) Public information dissemination and consultation procedures
f) Adherence to grievance procedures and outstanding issues requiring
management’s attention and equality of access
g) Attention given to the priorities of PAPs regarding the options offered
h) Co-ordination and completion of resettlement activities and award of civil works
contracts

- External Monitoring

In accordance with WB requirements for consultant procurement, the PMU should
hire an organization for the independent monitoring and evaluation of RAP/ARP
implementation. The organization should be specialized in social sciences and
experienced in resettlement monitoring. The organization should start its work as soon
as the updated RAP has been approved.

The rationale behind hiring an external institution is to ensure that the overall
objective of the resettlement plan is achieved in an equitable and transparent manner.

                                                                                    55
Al Mokha 60MW Wind Farm Project                      Resettlement Policy Framework (RPF)


In addition to reviewing the issues covered by the internal monitoring progress report,
the external agency shall also evaluate and assess:

The competence and effectiveness of the project implementing agencies (PMU)
 Adequacy of compensation, development and transitional assistance techniques
   provided for the PAPs
Ability to reach the most vulnerable PAPs
Consultation and public disclosure of the RAP
Effectiveness of the grievance redresses mechanism

Evaluation, however, is intended to insure that policies (both Yemeni and the WB’s)
have been adhered to and provide the feedback needed for adjusting strategic
directions. Evaluation, thus, has the following objectives:

  General assessment of the compliance of resettlement activities with the
   objectives and methods as set out in this RPF
 Assessment of the compliance of resettlement activities with the laws, regulations
   and safeguard policies cited above
Assessment of resettlement and relocation procedures as they have been
 implemented
 Evaluation of the impact resettlement and relocation has on incomes and standard
   of living, with the focus on the poor and the most vulnerable
 Identification of actions to improve the positive impacts of the program and
   mitigate its possible negative impacts

While carrying out the evaluation process, the project will utilize:
This RPF as the guiding instrument
Yemeni laws and regulations as described in a preceding chapter
The World Bank’s OP 4.12 on Involuntary Resettlement

The evaluation of resettlement activities will be part of general assessment and review
activities undertaken for the MWFP as a whole.

From the presentation above, Figure 3.2 below visualizes the different steps related to
the RAP/ARP along the project cycle.




                                                                                     56
  Al Mokha 60MW Wind Farm Project              Resettlement Policy Framework (RPF)


  Figure II: RAP/ARP along the Project Cycle



 Internal monitoring for                       Screening (land surveying and
 Resettlement activities and                               planning)
     RAP/ARP Process
  External monitoring for                           Socioeconomic survey
  Resettlement activities and
      RAP/ARP Process                                 Prepare RAP/ARP




             (4)                                            (1)
  Project Monitoring                                   Project
    & Evaluation                                    Identification /
                                                     Preparation
                                     Project
                                      Cycle
            (3)                                          (2)
      Project                                    Project Appraisal /
   Implementation                                    Approval



 Form and build the capacities of
        Local Committees                                Review RAP/ARP
  Sign Compensation contracts
     Pay Compensations                                Approve RAP/ARP
 Establish grievance mechanism




                                                                               57
ANNEX II: ENTITLEMENT MATRIX FOR AFFECTED PERSONS
 Type of Losses    Level of Impact               Entitled Person(s)         Compensation Policy & Standards                     Implementation Issues
 Agricultural Land
 Loss of arable  Permanent                     Farmers / Individuals       Provide cash compensation at                     A list of available arable and
 and grazing     (complete or                  who have formal legal        replacement cost for the lost land11 plus         grazing land in each affected
 agricultural    partial) loss of              ownership rights to          the cost of preparing the land to levels          commune
 land or access  arable and grazing            land                         similar to those of the affected land, plus      A list of PAP and entitled
 to it           land located in the                                        the cost of any registration and transfer         persons
                 sub-project site                                           taxes.                                           Consultations and formal
                                                                           Provide cash compensation for loss of             agreement with PAPs on type
                                                                            crops or trees at replacement cost.               of compensation (cash or in-
                                                                                                                              kind)
                                                                                                                             If available and requested by
 Loss of arable         Permanent              Farmers / Individuals       Provide development and transitional
 and grazing            (complete or           who do not have formal                                                         the PAPs and agreed to by the
                                                                            assistance in locating new replacement
 agricultural           partial) loss of       legal ownership rights                                                         sub-project and concerned
                                                                            lease land.
                                                                                                                              authorities: provide equivalent
 land or access         arable and grazing     to land but have            Provide cash compensation for loss of
 to it                  land located in the    temporary or leasing                                                           land nearby, of similar size,
                                                                            crops or trees at replacement cost.
                        sub-project site       rights                                                                         value, and quality
                                                                                                                             In case of relocation, provide
                                                                                                                              assistance to farmers during and




11
     Calculated at entitlement cut-off date.
Al Mokha 60MW Wind Farm Project                        Resettlement Policy Framework (RPF)




 Type of Losses     Level of Impact         Entitled Person(s)          Compensation Policy & Standards                 Implementation Issues
 Loss of arable   Permanent              Farmers / Individuals         No compensation for land.                     after the relocation process
 and grazing      (complete or           who do not have any           Provide landless PAPs with                   Provision of assistance to
 agricultural     partial) loss of       recognizable legal right       resettlement assistance in securing           farmers to develop new crops
 land or access   arable and grazing     or claim to the land           temporary or lease rights to                  and improve production for
 to it            land located in the                                   replacement land                              both crops and livestock
                  sub-project site                                     Provide cash compensation for loss of        Poor and vulnerable PAPs
                                                                        crops or trees at replacement cost.           (including the landless) will not
                                                                                                                      be displaced until replacement
                                                                                                                      land is provided

 Loss of arable   Temporary              Farmers / Individuals         No compensation for land if returned to      If the temporary loss continues
 and grazing      (complete or           who have formal legal          owner in less than one year.                  for more than one year, PAPs
 agricultural     partial) loss of all   ownership rights to           Provide cash compensation equivalent to       will be given a choice of either
 land or access   or part of arable      land                           the replacement cost at market price of       continuing with the temporary
 to it            and grazing land                                      renting the land during the temporary         arrangements, or selling the
                  located in the sub-                                   use.                                          affected land to the sub-project
                  project site                                         Provide cash compensation for loss of         at full replacement cost at
                                                                        crops or trees at replacement cost and        current market value
                                                                        compensation for loss of net income          Provision of development
                                                                        from subsequent crops that cannot be          assistance to enable farmers /
                                                                        planted for the duration of the lease.        land owners to restore land to
                                                                                                                      its previous condition or better




                                                                                                                                                          59
Al Mokha 60MW Wind Farm Project                       Resettlement Policy Framework (RPF)




 Type of Losses     Level of Impact         Entitled Person(s)        Compensation Policy & Standards                 Implementation Issues
 Loss of arable   Temporary              Farmers / Individuals       No compensation for land if returned to       quality by providing measures
 and grazing      (complete or           who do not have formal       owner in less than one year.                  to improve land quality in
 agricultural     partial) loss of all   legal ownership rights      Provide cash compensation equivalent to       cases of land being adversely
 land or access   or part of arable      to land but have             the replacement cost at market price of       affected.
 to it            and grazing land       temporary or leasing         renting the land during the temporary
                  located in the sub-    rights                       use.
                  project site                                       Provide cash compensation for loss of
                                                                      crops or trees at replacement cost and
                                                                      compensation for loss of net income
                                                                      from subsequent crops that cannot be
                                                                      planted for the duration of the lease.

 Loss of arable Temporary            Farmers / Individuals           No compensation for land if returned to      Provision of development and
 and grazing    (complete or         who do not have any              owner in less than one year.                  resettlement assistance to
 agricultural   partial) loss of all recognizable legal right        Provide cash compensation for loss of         landless PAPs with no legal
 land or access or part of arable    or claim to the land             crops or trees at replacement cost.           rights.
 to it          and grazing land
                located in the sub-
                project site
 Urban Land (Residential and /or Commercial)




                                                                                                                                                    60
Al Mokha 60MW Wind Farm Project                        Resettlement Policy Framework (RPF)




 Type of Losses      Level of Impact         Entitled Person(s)       Compensation Policy & Standards                   Implementation Issues
 Loss of urban     Permanent              Individuals who have           Provide cash compensation at                  A list of available non-
 residential or    (complete or           formal legal ownership          replacement cost of land of equal              arable land in each
 commercial        partial) loss of       rights to land                  size and use, with similar or                  affected commune
 non-arable land   urban residential or                                   improved public infrastructure                A list of PAP and entitled
 or access to it   commercial non-                                        facilities and services and located            persons
                   arable land                                            in the vicinity of the affected land,         Consultations and formal
                                                                          plus the cost of any registration              agreement with PAPs on
                                                                          and transfer taxes.                            type of compensation
                                                                         In the case that there are structures          (cash or in-kind)
                                                                          on the land, provide cash                     If available and requested
                                                                          compensation at replacement cost               by the PAPs and agreed to
                                                                          for the materials used to rebuild the          by the sub-project and
                                                                          structures or to partially repair an           concerned authorities:
                                                                          affected structure.                            provide equivalent land
 Loss of urban     Permanent              Individuals who do not         In the case that there are structures          nearby, of similar size,
 residential or    (complete or           have formal legal               on the land which have been built by           value, and quality
 commercial        partial) loss of       ownership rights to             the users, provide cash compensation          Provision of development
 non-arable land   urban residential or   land but have                   at replacement cost for the materials          and resettlement
 or access to it   commercial non-        temporary or leasing            used to rebuild the structures or to           assistance, mainly in the
                   arable land            rights                          partially repair an affected structure.        form of transition
                                                                         Provide development and transitional           allowances for severely
                                                                          assistance in locating new                     affected PAPs (transition
                                                                          replacement lease land                         subsistence allowance for




                                                                                                                                                      61
Al Mokha 60MW Wind Farm Project                         Resettlement Policy Framework (RPF)




 Type of Losses      Level of Impact         Entitled Person(s)        Compensation Policy & Standards                   Implementation Issues
 Loss of urban     Permanent              Individuals who do not          Provide no compensation for land.               food, moving incentive
 residential or    (complete or           have any recognizable           In the case that there are structures           allowance, assistance in
 commercial        partial) loss of       legal right or claim to          on the land which have been built               locating new residential or
 non-arable land   urban residential or   the land                         by the users, provide cash                      commercial leasing, and
 or access to it   commercial non-                                         compensation at replacement cost                income transition
                   arable land                                             for the materials used to rebuild the           allowance if businesses are
                                                                           structures or to partially repair an            affected).
                                                                           affected structure.
                                                                          Provide landless PAPs with
                                                                           resettlement and transitional
                                                                           assistance in securing
                                                                           alternative commercial or
                                                                           residential land and to restore
                                                                           their livelihoods.
 Loss of urban     Temporary              Individuals who have            No compensation for land if returned       If the temporary loss continues
 residential or    (complete or           formal legal ownership           to owner in less than one year.             for more than one year, PAPs
 commercial        partial) loss of       rights to land                  Provide cash compensation                   will be given a choice of either
 non-arable land   urban residential or                                    equivalent to the replacement cost at       continuing with the temporary
 or access to it   commercial non-                                         market price of renting the land            arrangements, or selling the
                   arable land                                             during the temporary use                    affected land to the sub-project
                                                                          Provide cash compensation for loss          at full replacement cost at
                                                                           of crops, trees, or structures at           current market value
                                                                           replacement cost                           Provision of assistance to
                                                                                                                       enable the land users owners to




                                                                                                                                                          62
Al Mokha 60MW Wind Farm Project                        Resettlement Policy Framework (RPF)




 Type of Losses      Level of Impact         Entitled Person(s)         Compensation Policy & Standards              Implementation Issues
 Loss of urban     Temporary              Individuals who do not          No compensation for land if returned    restore land to its pre-
 residential or    (complete or           have formal legal                to owner in less than one year.         subproject condition by
 commercial        partial) loss of       ownership rights to             Provide cash compensation               providing measures to improve
 non-arable land   urban residential or   land but have                    equivalent to the replacement cost at   land quality in cases where
 or access to it   commercial non-        temporary or leasing             market price of renting the land        land is adversely affected
                   arable land            rights                           during the temporary use
                                                                          Provide cash compensation for loss
                                                                           of crops, trees, or structures at
                                                                           replacement cost

 Loss of urban    Temporary            Individuals who do not  No compensation for land if returned to               Provision of resettlement
 residential or   (complete or         have any recognizable        owner in less than one year.                       assistance to landless
 commercial       partial) loss of     legal right or claim to   Provide cash compensation for loss of                PAPs with no legal rights
 non-arable land  urban residential or the land                     crops, trees, or structures at replacement
 or access to it  commercial non-                                   cost
                  arable land
 Structures or Buildings (Commercial, Business, Industrial, or Residential)
 Loss of          Permanent            Individuals who have          Provide cash compensation at                    A list of available
 structures or    (complete or         formal legal ownership            replacement cost which equals the             structures in each affected
 access to them   partial) loss of     rights to the structures          market cost of materials used to              commune
                  structures                                             build a replacement structure with           A list of PAP and entitled
                                                                         similar area and quality, or to               persons
                                                                         repair a partially affected structure,       Consultations and formal
                                                                         plus the cost of transporting                 agreement with PAPs on
                                                                         building materials to the                     type of compensation
                                                                         construction site, plus the cost of           (cash or in-kind, i.e
                                                                         any labor and contractors’ fees,              relocation)
                                                                         plus the cost of any registration
                                                                         and transfer taxes.




                                                                                                                                                     63
Al Mokha 60MW Wind Farm Project                        Resettlement Policy Framework (RPF)




 Type of Losses     Level of Impact         Entitled Person(s)        Compensation Policy & Standards                      Implementation Issues
 Loss of          Permanent              Individuals who do not          Provide assistance in moving and                 A 3-months notice - at
 structures or    (complete or           have formal legal                finding similar and affordable rental             least - to be given to the
 access to them   partial) loss of       ownership rights to              accommodation (this may include                   tenants.
                  urban residential or   land but have                    moving allowance and rental
                  commercial non-        temporary or leasing             allowance for a transitional period).
                  arable land            rights (tenants)

 Loss of          Permanent              Individuals who do not          Provide cash compensation at                     The Environmental and
 structures or    (complete or           have any recognizable            replacement cost for the structures if            Social Officer may look
 access to them   partial) loss of       legal right or claim to          they were built by the users.                     into the possibilities of
                  urban residential or   the land (squatters and         Provide assistance in moving and                  formalizing the structures
                  commercial non-        persons in ownership             finding similar and affordable rental             following their repair.
                  arable land            dispute)                         accommodation (this may include
                                                                          moving allowance and rental
                                                                          allowance for a transitional period).

 Standing Crops, Trees, and Plants
 Loss of          Permanent              Farmers or individuals      Provide cash compensation for loss of           A comparative list of the prices
 standing crops, (complete or            who cultivate the land       crops, trees, or plants at replacement           of agricultural products in
 trees, or plants partial) loss of       and who have formal          cost.                                            local markets.
 or access to     standing               legal ownership rights                                                       A list of tree and plant species
 them             crops, trees, or       to the land on which the                                                      in the commune area.
                  plants                 crops are                                                                    The sub-project activities




                                                                                                                                                          64
Al Mokha 60MW Wind Farm Project                       Resettlement Policy Framework (RPF)




 Type of Losses       Level of Impact      Entitled Person(s)          Compensation Policy & Standards            Implementation Issues
 Loss of            Permanent           Farmers or individuals        Provide cash compensation for loss of    should take into consideration
 standing crops,    (complete or        who do not have formal         crops, trees, or plants at replacement   the cropping patterns and
 trees, or plants   partial) loss of    legal ownership rights         cost.                                    seasons in order to avoid
 or access to       standing            to land on which the                                                    partial or complete loss – if
 them               crops, trees, or    crops are but have                                                      possible.
                    plants              temporary or leasing
                                        rights (tenants)

 Loss of            Permanent           Farmers or individuals        Provide cash compensation for loss of
 standing crops,    (complete or        who do not have any            crops, trees, or plants at replacement
 trees, or plants   partial) loss of    recognizable legal right       cost.
 or access to       standing crops,     or claim to the land on
 them               trees, or plants    which the crops are




 Income or Access to Income (Commercial, Business, and Industrial Activities)
 Loss of source  Permanent loss of Owner or workers in            Provide transitional cash                       A list of available
 of income or    income source or  formal registered                 compensation until new permanent               commercial, industrial, and
 access to       access to it      businesses                        employment is secured based on net             business activities in each
 source of                                                           income (for a maximum period of 6              affected commune
 income                                                              months).                                      A list of PAP and entitled
                                                                  Provide development assistance to                persons.
                                                                     PAPs (i.e. training in specific areas)        The Environmental and
                                                                     in order to help them to maintain              Social Officer shall assist
                                                                     and/or improve their income                    in the provision of
                                                                     generation potential and access to             development assistance to
                                                                     gainful employment.                            severely affected PAPs




                                                                                                                                                  65
Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)




 Type of Losses     Level of Impact      Entitled Person(s)        Compensation Policy & Standards             Implementation Issues
 Loss of source   Permanent loss of   Owner or workers in             Provide transitional cash                 and vulnerable groups (i.e.
 of income or     income source or    informal unregistered            compensation until new employment         design training programs,
 access to        access to it        businesses                       is secured based on minimum wage          formalizing informal
 source of                                                             per month in the respective district      activities, access to credit,
 income                                                                (for a maximum period of 6 months)        including them in the sub-
                                                                      Priority shall be given to severely       project’s contractors’
                                                                       affected PAPs in the provision of any     pecifications wherever
                                                                       relevant employment in the activities     possible).
                                                                       related to the sub-project.

 Loss of source   Temporary loss of   Owner or workers in             Provide cash compensation for the
 of income or     income source or    formal registered                duration of business/income
 access to        access to it        businesses                       generation that is disrupted based on
 source of                                                             net income.
 income
 Loss of source   Temporary loss of   Owner or workers in             Provide cash compensation for the
 of income or     income source or    informal unregistered            duration of business/income
 access to        access to it        businesses                       generation that is disrupted based on
 source of                                                             the minimum wage per month in the
 income                                                                respective district.

 Type of Losses Level of Impact         Entitled Person(s)                 Compensation Policy                  Implementation Issues
 Community Resources




                                                                                                                                                 66
Al Mokha 60MW Wind Farm Project                         Resettlement Policy Framework (RPF)




 Type of Losses       Level of Impact        Entitled Person(s)        Compensation Policy & Standards               Implementation Issues
 Loss of            Permanent              All members of the             Affected land will be replaced in            A list identifying
 community          (complete or partial   community                       areas identified in consultation with         community physical
 assets or access   loss) of community                                     affected communities and relevant             assets and resources (i.e.,
 to them            physical assets                                        organizations and authorities.                public hospitals,
                                                                          Provide alternative or similar                markets, fishing areas,
                                                                           resources to compensate for the loss          grazing areas, fuel, or
                                                                           of access to community physical               fodder).
                                                                           resources                                    If income loss is
 Loss of            Temporary              All members of the             Restoration of affected community             expected due to the loss
 community          (complete or partial   community                       buildings and structures to original or       in any community assets,
 assets or access   loss) of community                                     better condition                              compensation for this
 to them            physical assets                                       Provide alternative or similar                loss shall be in the form
                                                                           resources to compensate for the               of development
                                                                           temporary loss of access to                   assistance to restore the
                                                                           community physical resources                  livelihoods of the PAPs.

 Loss of socio-     Permanent              All members of the             Provide development assistance to            Identify different forms
 economic           (complete or partial   community                       enable community members to take              of social capital from
 and/or social-     loss) of community                                     advantage of income restoration               PAPs’ point of view (i.e.
 cultural           non-physical assets                                    measures noted above.                         social credit, networks,
 relationships /                                                          Provide alternative or similar                social cohesion, etc.)
 networks or                                                               resources to compensate for the loss         Consultation with PAPs
 access to them                                                            of access to community social                 to identify measures to
                                                                           capital.                                      rectify the permanent or




                                                                                                                                                       67
Al Mokha 60MW Wind Farm Project                 Resettlement Policy Framework (RPF)




 Type of Losses     Level of Impact      Entitled Person(s)    Compensation Policy & Standards            Implementation Issues
 Loss of socio-   Temporary            All members of the      Provide development assistance to            partial losses in social
 economic         (complete or partial community                  enable community members to take           capital.
 and/or social-   loss) of community                              advantage of income restoration
 cultural         non-physical assets                             measures noted above.
 relationships /                                               Provide alternative or similar resources
 networks or                                                      to compensate for the temporary loss
 access to them                                                   of access to community social capital.
Source: Adapted from the Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, Safeguard policies
Sector, Egypt, June 2006




                                                                                                                                     68
Al Mokha 60MW Wind Farm Project                                     Resettlement Policy Framework (RPF)




Annex III: Summary of the registration survey results at Mokha 60 MW Wind Farm Project (MWFP) Site
                                                                               House      Date of                                              Documents
                                                        Number of Number of
                                                                                area     settling in                                             to prove
         Name of                         Household        families/ members
#                         Village                                             (average      this                                                ownership
       householder                      Coordinates      household   within       2
                                                                                m)       household                                             of the house    Comments
                                                                    household
        Abdo Aly Dawd                                       1478401-
1                                       Al Oksh                                      1                 8              40                       Not available
                                                             318912
        Aly Ahmed Zaid                                      1478436-
2                                       Al Oksh                                      1                 8              32            10 years   Not available
        Moghyni                                              318884
        Ahmed Ahmed                                                                                                                                                No
        Moghbish El Serage                                  1477911-                                                               Long time                   information
3                                       Al Oksh                                      1                 -              35                       Not available
                                                             318306                                                                  ago13                      and/or no
                                                                                                                                                               signature 12
        Mohamed Ahmed                                                                                                                                              No
        Moghbish El Serage                                  1477945-                                                               Long time                   information
4                                       Al Oksh                                      1                 -              40                       Not available
                                                             318365                                                                  ago                        and/or no
                                                                                                                                                                signature
        Ghalep Ahmed Aly                                                                                                                                           No
        Moghbish                                            1477991-                                                               Long time                   information
5                                       Al Oksh                                      1                 -              20                       Not available
                                                             318376                                                                  ago                        and/or no
                                                                                                                                                                signature
        Abdallah Ghalep                                                                                                                                            No
        Ahmed Aly                                           1477990-                                                               Long time                   information
6                                       Al Oksh                                      1                 -              40                       Not available
        Moghbish                                             318370                                                                  ago                        and/or no
                                                                                                                                                                signature
7       Abdo Ahmed Aly                  Al Oksh             1478020-                 1                 -              20                   -   Not available       No

12   This refers o the cases where surveyors refused to provide the survey team with details and refused to sign the registration survey
13   In cases where "long time ago" is mentioned, this reflects what the surveyors said without determining specific period of time




                                                                                                                                                                         69
Al Mokha 60MW Wind Farm Project            Resettlement Policy Framework (RPF)




                                                                             House      Date of      Documents
                                                   Number of      Number of
                                                                              area     settling in     to prove
          Name of                    Household      families/     members
#                          Village                                          (average      this        ownership
        householder                  Coordinates   household       within
                                                                              m2)      household     of the house    Comments
                                                                  household
     Moghbish                          318386                                                                        information
                                                                                                                      and/or no
                                                                                                                      signature
     Mohamed Abdo                                                                                                        No
     Ahmed Aly                        1478027-                                                                       information
8                          Al Oksh                       1             -         12                  Not available
     Moghbish                          318378                                                                         and/or no
                                                                                                                      signature
     Aly Kaad Ahmed                                                                                                      No
     Aly                              1478040-                                                                       information
9                          Al Oksh                       1             -         20         -        Not available
                                       318345                                                                         and/or no
                                                                                                                      signature
     Kaad Ahmed Aly                                                                                                      No
     Moghbish                         1478043-                                         Long time                     information
11                         Al Oksh                       1             2         15                  Not available
                                       318337                                            ago                          and/or no
                                                                                                                      signature
                                      1477664-
11                         Al Oksh                 Uninhibited Uninhibited       54                                  Uninhibited
                                       316433
   Ahmed Abdallah                     1477803-
12                         Al Oksh                       2             8         45      2 years     Not available
   Tobili                              316241
   Ahmed Omr                          1476414-
13                         Al Oksh                       2            15         45      2 years     Not available
   Abdallah Tobili                     315326
   Aly Said Omr                       1477357-
14                         Al Oksh                       1             4         50     20 years     Not available
   Abdallah Tobili                     315696
15 Mohamed Said Omr        Al Oksh    1477348-           1             6         45     20 years     Not available




                                                                                                                              70
Al Mokha 60MW Wind Farm Project            Resettlement Policy Framework (RPF)




                                                                             House      Date of      Documents
                                                   Number of      Number of
                                                                              area     settling in     to prove
          Name of                    Household      families/     members
#                          Village                                          (average      this        ownership
        householder                  Coordinates   household       within
                                                                              m2)      household     of the house    Comments
                                                                  household
   Abdallah                            315745
   Said Omr Abdallah                  1477367-
16                         Al Oksh                       1            10         63     20 years     Not available
   Tobili                              315658
   Aly Gaber Mokbil                   1477034-                                         Long time
17                         Al Oksh                       2             7         21                  Not available
                                       318283                                            ago
     Aly Awd Ben Awd                  1476916-
18                         Al Oksh                       1             6         21     10 years     Not available
     Darwish                           318412
     Mohammed Awd                     1476943-                                         Long time
19                         Al Oksh                       1             7         15                  Not available
     Ben Awd Darwish                   318425                                            ago
     Ahmed Mohammed                   1475406-                                         Long time
21                         Al Oksh                       1            10         28                  Not available
     Awd Darwish                       318617                                            ago
     Salem Moghbish                   1477009-                                         Long time
21                         Al Oksh                       1             9         45                  Not available
     Moghbish                          318397                                            ago
     Said Gaber Abdalah               1477034-
22                         Al Oksh                       1             5         12     10 years     Not available
     Moghbish                          318263
     Haael Said Abdallah              1476544-                                         Long time
23                         Al Oksh                       1             4         24                  Not available
     Moghbish                          318308                                            ago
     Mohammed Said                    1476539-                                         Long time
24                         Al Oksh                       1             2         16                  Not available
     Abdallah Moghbish                 318329                                            ago
     Aly Mohamed                      1476531-                                         Long time
25                         Al Oksh                       1             4         9                   Not available
     Abdallah                          318396                                            ago
     Ahmed Mohammed                   1476512-                                         Long time
26                         Al Oksh                       1             3         8                   Not available
     Abdallah Moghbish                 318448                                            ago
27   Aly Said Abdallah     Al Oksh    1476542-           1             6         32    Long time     Not available




                                                                                                                           71
Al Mokha 60MW Wind Farm Project            Resettlement Policy Framework (RPF)




                                                                             House      Date of      Documents
                                                   Number of      Number of
                                                                              area     settling in     to prove
          Name of                    Household      families/     members
#                          Village                                          (average      this        ownership
        householder                  Coordinates   household       within
                                                                              m2)      household     of the house    Comments
                                                                  household
   Moghbish                            318320                                             ago
   Abdo Aly Awad                      1476913-
28                         Al Oksh                       1             2                    -        Not available
   Moghbish                            318427
                                      1476991-
29                         Al Oksh                 Uninhibited Uninhibited       20         -              -         Uninhibited
                                       318360
     Ahmed Saleh Abdo                 1475362-                                         Long time
31                         Al Oksh                       1             2         12                  Not available
                                       318631                                            ago
     Aly Ahmed Saleh                  1475420-                                         Long time
31                         Al Oksh                       1             6         20                  Not available
     Abdo                              318688                                            ago
                                                                                                                         No
                                      1475676-                                                                       information
32                         Al Oksh                       -             -         132        -              -
                                       318148                                                                         and/or no
                                                                                                                      signature
                                      1476122-
33                         Al Oksh                 Uninhibited Uninhibited       28         -              -         Uninhibited
                                       318007
   Mohamed El sayed                   1476286-
34                         Al Oksh                       1             3         20     8 years      Not available
   Abdo Mohgep                         317488
35 Gaafr Abdallah
                                      1476312-
   Sayed Abdo              Al Oksh                       1             5         24     8 years      Not available
                                       317515
   Mohgep
36 Abd Ellatef                        1476311-
                           Al Oksh                       1             3         24     8 years      Not available
   Abdallah Sayed                      317512
37 A GRAVE                            1477515-
                           Al Oksh                       -             -         300
                                       317301




                                                                                                                              72
Al Mokha 60MW Wind Farm Project              Resettlement Policy Framework (RPF)




                                                                               House      Date of      Documents
                                                     Number of      Number of
                                                                                area     settling in     to prove
         Name of                       Household      families/     members
#                          Village                                            (average      this        ownership
       householder                     Coordinates   household       within
                                                                                m2)      household     of the house    Comments
                                                                    household
38 Thabet Naser El                      1478594-
                          Al Houlibi                       1             2         24     20 years     Not available
   Zohry                                 312951
39 Meged Mohamed                        1478141-                                         Long time
                          Al Houlibi                       1             1         36                  Not available
   Elshikh                               313370                                            ago
41 Said Omr                             1478193-                                         Long time
                          Al Houlibi                       1             2         12                  Not available
                                         313381                                            ago
41 Ahmed Mohammed                       1478173-                                         Long time
                          Al Houlibi                       1             5         28                  Not available
   Elshekh                               313346                                            ago
42 Mohammed
                                        1478147-                                         Long time
   Mohammed El            Al Houlibi                       1             2         24                  Not available
                                         313530                                            ago
   zohry
43 Abdallah Zaid                        1478172-
                          Al Houlibi                       1             6         28         -        Not available
                                         313335
44                                      1478170-                                         Long time
                          Al Houlibi                       1             1         9                   Not available
   Salma Hezam                           313459                                            ago
45 Aly Ahmed Ankf                       1478168-                                         Long time
                          Al Houlibi                       1             7         20                  Not available
                                         313437                                            ago
46 Abdo Naser El                        1478620-                                         Long time
                          Al Houlibi                       1             2                             Not available
   Zohry                                 312910                                            ago
47 Zaid Naser Elzohry                   1478619-                                         Long time
                          Al Houlibi                       1             5         28                  Not available
                                         312935                                            ago
48 Naser Mohammed                       1478598-                                         Long time
                          Al Houlibi                       1             2         18                  Not available
   El Zohry                              312890                                            ago
49 Yahiya Mohammed        Al Houlibi    1478536-           1             1         28    Long time     Not available




                                                                                                                             73
Al Mokha 60MW Wind Farm Project              Resettlement Policy Framework (RPF)




                                                                               House      Date of      Documents
                                                     Number of      Number of
                                                                                area     settling in     to prove
         Name of                       Household      families/     members
#                          Village                                            (average      this        ownership
       householder                     Coordinates   household       within
                                                                                m2)      household     of the house    Comments
                                                                    household
   Kadbr                                 313057                                            ago
51 Mohamed Ahmed                        1478143-                                         Long time
                          Al Houlibi                       1             3         48                  Not available
   Zohry                                 313546                                            ago
51 Salem Abdo Al                                                                                                           No
   Houlibi                              1478233-                                         Long time                     information
                          Al Houlibi                       1             1         21                  Not available
                                         313045                                            ago                          and/or no
                                                                                                                        signature
52 Noaman Abdo                                                                                                             No
   Tobili                               1478272-                                                                       information
                          Al Houlibi                       1             -         24         -        Not available
                                         313073                                                                         and/or no
                                                                                                                        signature
53 Ahmed Abdo Tobili                                                                                                       No
                                        1478237-                                         Long time                     information
                          Al Houlibi                       1             3         28                  Not available
                                         313006                                            ago                          and/or no
                                                                                                                        signature
54 Mohammed                             1478307-                                         Long time
                          Al Houlibi                       1             1         9                   Not available
   Abdallah El Zolemy                    312922                                            ago
55 Abnaa Mohammed                       1478349-                                         Long time
                          Al Houlibi                       1             5         18                  Not available
   Mohammed Ghaleb                       312829                                            ago
56 Mohamed Ben
                                        1478355-                                         Long time
   Mohammed El            Al Houlibi                       1             3         28                  Not available
                                         312858                                            ago
   Zolamy
57 Abdallah                             1478303-                                         Long time
                          Al Houlibi                       1             7         20                  Not available
   Mohammed Zolamy                       312933                                            ago




                                                                                                                                74
Al Mokha 60MW Wind Farm Project              Resettlement Policy Framework (RPF)




                                                                               House      Date of      Documents
                                                     Number of      Number of
                                                                                area     settling in     to prove
         Name of                       Household      families/     members
#                          Village                                            (average      this        ownership
       householder                     Coordinates   household       within
                                                                                m2)      household     of the house    Comments
                                                                    household
58 Fateni Mohamed                       1478327-                                         Long time
                          Al Houlibi                       1             5         20                  Not available
   Abdallah Zolamy                       312932                                            ago
59 Abdo Ahmed
   Abdallah To Tobili                   1478348-                                         Long time
                          Al Houlibi                       1             4         12                  Not available
                                         312804                                            ago
61 Abdo Abdo Tobili                     1478268-                                         Long time
                          Al Houlibi                       1             4         12                  Not available
                                         313047                                            ago
61 Osman Abdo Tobili                    1478291-                                         Long time
                          Al Houlibi                       1             3         28                  Not available
                                         313023                                            ago
62 Said Aly Dawd                                                                                                       Located on
                                        1480368-                                         Long time
   Hassan El Seragy       Al Serega                        1            10         28                  Not available    the project
                                        3149970                                            ago
                                                                                                                       site boarder
63 Zaid Said Aly Dawd                                                                                                  Located on
                                        1483334-                                         Long time
   Hassan El Seragy       Al Serega                        1             3         20                  Not available    the project
                                         314926                                            ago
                                                                                                                       site boarder
64 Mohammed Ahmed                                                                                                      Located on
                                        1483451-                                         Long time
   Mohammed El            Al Serega                        1             1         20                  Not available    the project
                                         314497                                            ago
   Seragy                                                                                                              site boarder
65 Ahmed Mohammed                                                                                                      Located on
                                        1483516-                                         Long time
   Mohammed El            Al Serega                        1             2         16                  Not available    the project
                                         314567                                            ago
   Seragy                                                                                                              site boarder
66 Ibrahim Ahmed                                                                                                       Located on
                                        1483470-                                         Long time
   Mohammed El            Al Serega                        1             8         65                  Not available    the project
                                         314438                                            ago
   Seragy                                                                                                              site boarder




                                                                                                                                 75
Al Mokha 60MW Wind Farm Project             Resettlement Policy Framework (RPF)




                                                                              House      Date of      Documents
                                                    Number of      Number of
                                                                               area     settling in     to prove
         Name of                      Household      families/     members
#                          Village                                           (average      this        ownership
       householder                    Coordinates   household       within
                                                                               m2)      household     of the house    Comments
                                                                   household
67 Mohammed                                                                                                           Located on
                                       1483497-                                         Long time
   Mohammed Ahmed         Al Serega                       1             4         35                  Not available    the project
                                        314529                                            ago
   El Sergy                                                                                                           site boarder
                                                                                                                      Located on
                                                                                                                       the project
   Said Mohammed                                                                                                      site boarder
                                       1483497-
68 Ahmed Aly El           Al Serega                       1             5         56         -        Not available        No
                                        314096
   Seragy                                                                                                             information
                                                                                                                        and/or no
                                                                                                                        signature
69 Akho Abady Ben El                                                                                                       No
   Seragy                              1480675-                                                                       information
                          Al Serega                       1             -         40         -              -
                                        313822                                                                          and/or no
                                                                                                                        signature
71 Abd Ahmed Hedary                    1480400-                                         Long time
                          Al Serega                       1             9         28                  Not available
   El Seragy                            313334                                            ago
71 Lahgy Ahmed                         1480356-                                         Long time
                          Al Serega                       1             6         45                  Not available
   Hedary El Seragy                     313369                                            ago
72 Mohamed Ahmed                       1480426-                                         Long time
                          Al Serega                       1             7         28                  Not available
   Hedary El Seragy                     313293                                            ago
73 Salem Mohamed                                                                                                          No
   Aly El Seragy                       1483137-                                         Long time                     information
                          Al Serega                       1             2         28                  Not available
                                        313729                                            ago                          and/or no
                                                                                                                       signature




                                                                                                                                76
Al Mokha 60MW Wind Farm Project             Resettlement Policy Framework (RPF)




                                                                              House      Date of      Documents
                                                    Number of      Number of
                                                                               area     settling in     to prove
         Name of                      Household      families/     members
#                          Village                                           (average      this        ownership
       householder                    Coordinates   household       within
                                                                               m2)      household     of the house    Comments
                                                                   household
74 Mohamed Saleh El                                                                                                       No
   Seragy                              1482615-                                         Long time                     information
                          Al Serega                       1             6         20                  Not available
                                        313719                                            ago                          and/or no
                                                                                                                       signature
75 Awad Mohammed                                                                                                          No
   Aly El Seragy                       1483142-                                         Long time                     information
                          Al Serega                       1             2         16                  Not available
                                        313770                                            ago                          and/or no
                                                                                                                       signature
76 Mohmmed Aly El                                                                                                         No
   Seragy                              1483134-                                         Long time                     information
                          Al Serega                       1             3         20                  Not available
                                        313716                                            ago                          and/or no
                                                                                                                       signature
77 Aly Mohammed                                                                                                           No
   Aly El Seragy                       1483047-                                         Long time                     information
                          Al Serega                       1             2         20                  Not available
                                        313775                                            ago                          and/or no
                                                                                                                       signature
78 Feteni Mohamed                                                                                                         No
   Aly El Seragy                       1483006-                                         Long time                     information
                          Al Serega                       1             3         20                  Not available
                                        313798                                            ago                          and/or no
                                                                                                                       signature
79 Awd Lahd Aly El                                                                                                        No
   Seragy                              1483025-                                         Long time                     information
                          Al Serega                       1             2         20                  Not available
                                        313779                                            ago                          and/or no
                                                                                                                       signature




                                                                                                                               77
Al Mokha 60MW Wind Farm Project             Resettlement Policy Framework (RPF)




                                                                              House      Date of      Documents
                                                    Number of      Number of
                                                                               area     settling in     to prove
         Name of                      Household      families/     members
#                          Village                                           (average      this        ownership
       householder                    Coordinates   household       within
                                                                               m2)      household     of the house    Comments
                                                                   household
81 Ahmed Mohamed                                                                                                          No
   Aly E Sragy                         1482950-                                         Long time                     information
                          Al Serega                       1             6         80                  Not available
                                        313794                                            ago                          and/or no
                                                                                                                       signature
81 Ahmed Zaid                                                                                                             No
   Moghbish El Seragy                  1483113-                                         Long time                     information
                          Al Serega                       1             4         20                  Not available
                                        314407                                            ago                          and/or no
                                                                                                                       signature
82 Ahmed Mohammed                                                                                                         No
   Mohammed El                         1480674-                                         Long time                     information
                          Al Serega                       1             1         24                  Not available
   Seragy                               313915                                            ago                          and/or no
                                                                                                                       signature
83 Yahiya Mohammed                                                                                                        No
   Mohammed El                         1480679-                                         Long time                     information
                          Al Serega                       1             2         42                  Not available
   Seragy                               313901                                            ago                          and/or no
                                                                                                                       signature
84 ALy Mohammed                                                                                                           No
   Mohammed El                         1480697-                                         Long time                     information
                          Al Serega                       1             2         20                  Not available
   Seragy                               313931                                            ago                          and/or no
                                                                                                                       signature
85 Abd Mohammed                                                                                                           No
   Mohammed El                         1480708-                                         Long time                     information
                          Al Serega                       1             2         16                  Not available
   Seragy                               313901                                            ago                          and/or no
                                                                                                                       signature




                                                                                                                               78
Al Mokha 60MW Wind Farm Project             Resettlement Policy Framework (RPF)




                                                                              House      Date of      Documents
                                                    Number of      Number of
                                                                               area     settling in     to prove
         Name of                      Household      families/     members
#                          Village                                           (average      this        ownership
       householder                    Coordinates   household       within
                                                                               m2)      household     of the house    Comments
                                                                   household
86 Said Mohammed                                                                                                          No
   Mohammed El                         1480679-                                         Long time                     information
                          Al Serega                       1             4         28                  Not available
   Seragy                               313831                                            ago                          and/or no
                                                                                                                       signature
87 Aly Ahmed                                                                                                              No
   Mohammed El                         1480713-                                         Long time                     information
                          Al Serega                       1             2         24                  Not available
   Seragy                               313669                                            ago                          and/or no
                                                                                                                       signature
88 Salem Ahmed                                                                                                            No
   Mohammed El                         1480751-                                         Long time                     information
                          Al Serega                       1             2         16                  Not available
   Seragy                               313702                                            ago                          and/or no
                                                                                                                       signature
89 Mohammed Ahmed                                                                                                         No
   El Seragy                           1480749-                                         Long time                     information
                          Al Serega                       1             2         12                  Not available
                                        313706                                            ago                          and/or no
                                                                                                                       signature
91 Said Ahmed                                                                                                             No
   Mohammed El                         1480745-                                         Long time                     information
                          Al Serega                       1             2         20                  Not available
   Seragy                               313712                                            ago                          and/or no
                                                                                                                       signature
91 Abdo Mohammed                                                                                                          No
   Ahmed El Seragy                     1480761-                                         Long time                     information
                          Al Serega                       1             2         20                  Not available
                                        313722                                            ago                          and/or no
                                                                                                                       signature




                                                                                                                               79
Al Mokha 60MW Wind Farm Project             Resettlement Policy Framework (RPF)




                                                                              House      Date of      Documents
                                                    Number of      Number of
                                                                               area     settling in     to prove
         Name of                      Household      families/     members
#                          Village                                           (average      this        ownership
       householder                    Coordinates   household       within
                                                                               m2)      household     of the house    Comments
                                                                   household
92 Awd Talep Kamel                                                                                                        No
                                       1480713-                                         Long time                     information
                          Al Serega                       1             3         20                  Not available
                                        313584                                            ago                          and/or no
                                                                                                                       signature
93 Aly Zaid Moghbish                                                                                                      No
   El Seragy                           1482973-                                         Long time                     information
                          Al Serega                       1             2         9                   Not available
                                        314127                                            ago                          and/or no
                                                                                                                       signature




                                                                                                                               80
ANNEX IV: TYPES OF ACQUISITION AND THE REGULATING
ARTICLES OF LAW 1, 1995

1- Administrative Acquisition

Article 4 of law (1) year 1995 states that: Administrative acquisition of real estate
owned by the government entities, authorities, institutions, corporations, and public
companies is carried out in accordance with the following:
   Agreement takes place between the two parties on the issue of acquisition where
    the question of compensation gets settled.
   Any disagreement between the two parties with respect to acquisition is settled
    by the respective minister if the parties come under the same ministry. The
    Council of Ministers settled any disagreement between the two parties if both
    happen to come under different ministries. The ruling of the minister or the
    Council of Ministers, whatever the case may be, shall be final and bending.
   If two parties did not agree on the question of compensation , then each of them
    has the option of applying to the Estimating committee , primarily to Register in
    the estate register , to provide an estimate of the compensation as provided for in
    this law , and whose ruling shall be final and binding to the two parties.
   The agreement of two parties or the decision of the estimating committee shall
    constitute the bases for registering in the real estate register after presenting
    documented proof that the acquisitioning party had received the compensation
    amount and that this amount had been deposited into the department of the real
    estate registry or the treasury of the primary court in which domain the real estate
    is located, unless otherwise a different agreement exists.
Article (5) of the law referred to above states that these provisions do not apply to real
estate which an endowment, will or graved; since no acquisition may take place
except with a court ruling in accordance with the endowment law.
2- Judicial Acquisition
Articles 7 to 11 of the Law referred the Judicial Acquisition procedure that is either
directly or indirectly related to the project:
a) The party that possesses the legal right to carry out acquisitions must submit an
   application for acquisition to the court of appeal of the governorate in which
   confines the real estate is located. The application should consist of a description
   of the project that will be of common benefit and for which the real estate will be
   acquisitioned, a list the registration of names of real owners of the real estate
   together with their addresses, location of the real estate, a map showing the area of
   land that will required to be acquisitioned, and a statement describing the
   underlying motives for acquisition along with all relevant information.
b) The court must set a date to look into the issue of acquisition during a period of
   time not later than fifteen days from the date of the application there. The Court
   would then notify the Department of the Real Estate Registry to freeze all actions
   concerning the real estate.
c) The Court must then check the validity of the statements describing common
   benefit, and ascertain that all the conditions do satisfy the ultimate objective, and
   that the act of acquisition does not cause any undue unjust. In the event the Court
Al Mokha 60MW Wind Farm Project                     Resettlement Policy Framework (RPF)


   does not agree with the application for acquisition, it would then notify the
   Department of the Real Estate Registry to lift the freeze status from this real
   estate.
d) The Court assigns the task of estimating the compensation money during a period
   of time not exceeding one month from the date of assignment to the Estimating
   Committee.
e) The Court looks into and declares its rulings in the acquisition applications
   promptly in an equitable and fair manner if it fails to resolve the differences
   between the two parties. The party applying for acquisition bears all the expenses
   of the application procedures.
f) The acquisitioner pays the compensation money during a period not exceeding
   two months in cash through the court, or in kind. If it constitutes his dwelling or
   his only source of income, then all these issues must be taken into account when
   deciding on compensation matters so that nothing of such vital issues are changed
   unfavorably, and that such issues are maintained as they were existing before the
   acquisition. The court should then instruct the Department of Real Estate Registry
   to register the acquisitioned real estate in the name of the aquisitioner after the
   payment of compensation money, or to register the compensation real estate in the
   name of the part acquisitioned from, if this party agreed to exchange his original
   real estate (subject of the acquisition procedures) with another as compensation.
g) Claims of rights and all other claims of kind do not halt acquisition procedures.
   Those proven claims get carried over to post acquisition stage. If ownership
   proved to be of others then all relevant documented proof get also carried over to
   post acquisition stage, if accepted by the pre-acquisitioned stage actual owner or
   else the whole acquisition procedures are repeated all over again.

3- Amicable/ Mutually Agreed Acquisition

a) Article (6) of the law referred to above with respect to “mutually agreed
   acquisition” states a number of provisions: The authorities who are entitled to carry
   out land acquisition (which incorporate real estate in accordance with article (1) of
   the law concerning land acquisition) are required by law to agree with owner of the
   real estate in an amicable manner against a compensation in the form of either cash
   money or in type , or whatever is estimated by the Estimating Committee that had
   been formed in accordance with this law. If the real estate is owned by more than
   one person then the approval of all the partners becomes mandatory.
b) The acquisitioning authority notifies the real estate registry to put a sign of ‘no
   action required’ on the real estate.
c) The decision of the Estimating committee is final and binding to the two parties.
   The decision is also irrefutable if they both have their agreement in writing , or
   twenty days have passed since they were informed of the decision without any of
   them raising any objection with head of the Estimating committee , assuming that
   the delay in raising the objection is because of valid reasons. If any of the two
   parties raised objections to the estimating Committee during this grace period
   mentioned above then the procedures for amicable acquisition is considered null
   and void, in which case the head of the Estimating Committee will be obliged to



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   notify the department of real estate registry to remove the sign of " No action
   Required " from the real estate.
d) To be able to register in the real estate Registry the two parties must first reach a
   written agreement to the decision of the estimating Committee, or twenty days
   should have passed since the decision of the Committee without any of the two
   parties raising an objection. The base for registry and acquisition to be legal is to
   provide the compensation or register the estate after maximum 30 days from the
   written agreement. Otherwise, the owner of the real estate has the right refuse the
   acquisition.
e) If the acquisitioner did not pay the acquisitioned from the compensation money ,
   nor did he deposit it the department of the Real Estate registry or the treasury of
   the primary court in the domain of which is located the real estate , nor did he
   register the compensation in the name of the person acquisitioned from in the event
   of compensation of type during thirty days from the date of the written agreement
   on the decision of the Estimating committee , or the expiry of the twenty days
   without any of the two parties raising any objections on the decision of the
   Committee , unless otherwise there existed a different agreement , the person
   acquisitioned from can then notify the acquisitioner and Department of Real Estate
   Registry with his disagreement to the issue of the acquisition , and all related
   procedures are then considered null and void.

4- Temporary Acquisition

Articles (12) to (16) of the law referred to above define those procedures which
pertain to Temporary Acquisition.

Those authorities that are entitled by law to carry out acquisition of real estate
(inclusive of land, in accordance with Article (1) of the law referred to above) in
emergency and exceptional cases, e.g. at times of catastrophes and calamities that
necessitate quick response and appropriate action. The concerned authorities in such
cases may decide to carry out temporary acquisition of real estates. They can do so by
issuing a decree from the head of such authority, stating the duration of the acquisition
which as a maximum should not exceed two years from the date of the issue of the
decree.
a) The governor of the Governorate in which is located the named real estate
   forms a committee consisting of an engineer, one of his staff, a representative
   of the authority who decided to carry out the temporary acquisition, and a
   representative of the owner of the real estate. The task of this committee is to
   arrange minutes containing a description of the real estate. Photographs, plans,
   and whatever relevant data that defines the orientation, shape, and looks of the
   real estate are attached with the minutes. The owner of the real estate must be
   summoned at an early date to be present during the preparation of the minutes.
   The non arrival of the owner at the preset date does not, in any way, affect or
   delay the working of the committee and time.
b) The Estimation Committee carries out the procedures of evaluating suitable and
   appropriate compensation for the owner of the acquisitioned real estate for the
   period of the temporary acquisition, taking into account such matters as the
   prevailing rate similar real estates.


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c) The authority that had acquisitioned the real estate on a temporary basis must
   return it to its previous owner at the expiry of the temporary acquisition period.
   The owner of the real estate reserves has a right to claim from the authority
   compensation for damages that the real estate might have suffered during the
   temporary acquisition. The Estimation Committee referred to in the law
   mentioned above should settle any difference with regards to compensation
   money. The owner of the real estate is entitled to appeal the decision of the
   Estimation Committee in the Court of Appeal of the governorate. The Court of
   Appeal must then pass its rulings on the appeal during a period not exceeding
   three months.
d) If the period of temporary acquisition exceeded two years then the authority that
   had temporarily acquisitioned the real estate must apply for its full acquisition.
   The owner of the real estate has the option of either demanding the renewal of the
   temporary acquisition against new compensation or the full acquisition of the real
   estate by the authority concerned. If none of the two optioned materialized then he
   becomes entitled to ask the court to return back to him his real estate against
   compensation in lie of the delay in time. In all cases the owner is entitled to launch
   an administrative and a judicial complaint against the temporary acquisition if he
   deems groundless the so called emergency and exceptional circumstances. He may
   also launch a complaint against the duration of the acquisition if he felt that it
   caused him harm.




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List of References

Environmental and Social Management Plan and Guidelines Manual, Social Fund for
Development, Safeguard Policies Sector, Egypt, June 2006

Final Resettlement Action Plan, Vietnam Northern Transmission Project, Asian
Development Bank , JUNE 2004

Final Revised Resettlement Policy Framework (RPF), Sana'a, Ministry of Electricity,
Public Electricity Corporation (PEC), Power Sector Support Project (PSSP), August
2005

Final Resettlement Policy Framework, Vietnam Northern Transmission Project, Asian
Development Bank, June 2004

Resettlement Policy Framework for the Water Sector Support Program (WSSP)
(revisions), CES India Pvt Ltd, October, 2008

Resettlement Policy Framework for the Water Sector Support Program (WSSP), CES
India Pvt Ltd, power point presentation (undated)

Resettlement Policy Framework for the Port Cities Development Program (PCDP)
(final draft), Undated paper

Renewable Energy Strategy and Action Plan, Lahmeyer International, June 2008

Resettlement Policy Framework (RPF) for the Rural Energy Access Project (REAP),
EcoConServ, Egypt in association with JET, Yemen, March, 2009

Upgrading Feasibility Study (Draft Report), Al Mokha 60 MW Wind Farm project,
NIP, S.A, Ministry of Electricity and Energy, December 2009

Yemeni legislations related to resettlement and land acquisitions

Yemen Constitution
http://www.amanjordan.org/laws/yemen/c2yemen.htm
http://www.legal-affairs.gov.ye/ar/view_dos.asp

National Information Centre Yemen – Laws and Legislations
http://www.yemen-nic.info/contents/laws_ye/




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