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Resettlement Policy Framework - وزارة المياه والبيئة

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					REPUBLIC OF YEMEN MINISTRY OF WATER AND ENVIRONMENT AND MINISTRY OF AGRICULTURE AND IRRIGATION

RESETTLEMENT POLICY FRAMEWORK (RPF) f o r t h e Water Sector Support Program

F I N A L

R E P O R T 2008

D e c e m b e r

CONSULTING ENGINEERING SERVICES (INDIA) PRIVATE LIMITED NEW DELHI - SANA’A

ACRONYMS / ABBREVIATIONS
% Percentage MDGs mm MOF MOPIC MTEF MWE N NEAP NGO NGOs NWRA NWSSIP
o

A21A ACAP ACGH AFPPF AGSIP AREA CBO CES COCA CSA CWRAS dB (A) DCG DFID DPPR E EA EGMA EMO EPA ESMF FGD FMIS GARWSP GDI GDP GNP GOY GSCRP gtz

HBS HDI IDA IIP JAR KfW KII Km2 Leq LWSSCs/LCs M&E MAI

Agenda 21 for Agriculture Anti Corruption Action Plan American Conference of Government Industrial Hygienist Agriculture and Fisheries Promotion Production Fund Agricultural Long-term Plan Agricultural Research and Extension Authority Community Based Organization Consulting Engineering Services, India Central Organization for Control and Audit Country Social Analysis Country Water Resources Assistance Strategy Decibel – A weighted instrument Donor Core Group Department for International Development Development Plan for Poverty Reduction East Environmental Assessment Enhanced Groundwater Management Areas Environmental Management Officer Environmental Protection Authority Environmental and Social Management Framework Focus Group Discussion Financial Management Information System (FMIS General Authority of Rural Water and Sanitation Project General Directorate Of Irrigation Gross Domestic Product Gross National Product Government of Yemen Groundwater and Soil Conservation Project Deutsche Gesellschaft fuer Technische Zusammenarbeit (German Technical Cooperation) House Budget Suvey Human Development Index International Development Agency Improved Irrigation Project Joint Annual Review Kreditanstalt fuer Wiederaufbau (German Development Bank) Key Informant Interviews Square Kilometer Equivalent Noise Level Local Water Supply and Sanitation Corporations Monitoring and Evaluation Ministry of Agriculture & Irrigation

c

Millennium Development Goals millimeter Ministry of Finance Ministry of Planning and International Cooperation Mid Term Expenditure Framework Ministry of Water & Environment North National Environmental Action Plan Non Governmental Organization Non-Governmental Organizations National Water Resources Authority National Water Sector Strategy and Investment Program Degree Centigrade Project Affected Family Project Affected People Programmed Aid to the Water Sector (Dutch financing) Public Consultation Meeting Project Coordination Unit Public Investment Program Project Management Unit Program Preparation Committee Poverty Reduction Strategy Paper Poverty and Social Impact Assessment Provincial Town Open Program Resettlement Action Plan Resettlement Policy Framework Social Assessment Special Drawing Rights Second Financial Year Plan Supreme National Authority for Combating Corruption Sector-wide approach Sector-wide Environmental and Social Assessment Scheme Water User Federations Tihama Development Authority Team Leader Terms of Reference Uniform Building Code United Kingdom Urban Local Corporations Urban Water Supply Project World Bank Water and Environmental Center Water Sector Support Program Water Users Associations Water Users Groups

PAF PAP PAWS PCM PCU PIP PMU PPC PRSP PSIA PTOP RAP RPF SA SDR SFYP SNACC SWAp SwESA/SESA SWUFs TDA TL TOR UBC UK ULCs UWSSP WB WEC WSSP WUAs WUGs

RESETTLEMENT POLICY FRAMEWORK (RPF) TABLE OF CONTENTS

ACRONYMS / ABBREVIATIONS EXECUTIVE SUMMARY Chapter 1: Introduction Chapter 2: Country Legal and Institutional Framework Chapter 3: World Bank OP 4.12 Involuntary Resettlement Chapter 4: Gap between World Bank Policy and Yemeni Legislation

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a)

Executive Summary

E.1 In order to combat the water crisis in Yemen, the World Bank and its development partners such as GTZ, the Netherlands, and the UK started to prepare a Water Sector Support Program (WSSP) with an identification mission to Yemen in 2007. During this mission, donors collaborated with counterparts in the government such as Ministry of Water and Environment (MWE), Ministry of Agriculture and Irrigation (MAI), Ministry of Planning and International Cooperation (MOPIC), and Ministry of Finance (MoF) in identifying the program concept, development objectives, and components of the WSSP. The WSSP is being formulated to achieve the following main development objectives by adopting a sector-wide approach (SWAp). improve access to water supply and sanitation services, increase returns to water use in agriculture, strengthen sector institutions environmental protection for sustainable water resources management and

E.2

Format of Resettlement Policy Framework

Chapter 1: provides a brief background of WSSP, narrating the development objectives, basis, and justification of preparing the RPF. The main objective is given as protection of PAPs from the consequences of resettlement through provision of appropriate and adequate compensation to ensure improved livelihoods of PAPs after resettlement. Chapter 2: highlights Yemeni legal and institutional framework related to land acquisition resettlement and compensation. Chapter 3: summaries Bank rule and regulations on involuntary resettlement (OP 4.12). Chapter 4: Finally, and based on the discussion of the Bank regulations as well as Yemeni legislation, the last chapter identifies gaps between the two systems and presents recommendations on how to address existing differences. E.3 Under WSSP, various projects and sub-projects shall be implemented, where new land may have to be acquired. There will be need for the preparation of land acquisition procedures, resettlement and compensation. This entails providing sufficient investment resources to meet the needs of Project Affected Persons (PAPs). It requires adequate collaborative consultation and agreement with PAPs to ensure that they maintain or improve their livelihoods and standards of living. This RPF is prepared to ensure effective preparation and implementation of land acquisition, resettlement and compensation in the context of the WSSP.

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E.4 This policy provides guidelines for how to handle different situations that may arise as a result of land acquisition or resettlement as the various sub-projects are developed. The subprojects involve some physical works, which have not yet been fully defined. A Resettlement Policy Framework is required when the extent and location of resettlement cannot be known at appraisal. The RPF therefore, provides a safeguard against adverse social impacts of project activities of WSSP through minimizing the number of PAPs in the first place. It provides procedures and means for adequately compensating for the losses and to reduce the negative impacts of the affected community members. E.5 A Resettlement Policy Framework (RPF) has been prepared in accordance with World Bank guidelines as set out in their OP 4.12 and in compliance with Yemeni laws pertaining to resettlement and land acquisition. E.6 The legal instruments have been noted to contain relevant legislation that defines the different classification /categories of land, and specific issues that relate to land acquisition and land transfer including management of the land acquisition process. The Yemeni legal and institutional frameworks signify the provisions for expropriation and compensation; resettlement plans; public participation; role and responsibilities of concerned authorities in process of implementation of the Resettlement Action Plan. E.7 The World Bank (OP 4.12) principles and objectives governing resettlement preparation and implementation can be summarized as follows: Resettlement must be avoided or minimized, exploring alternative project designs; Where it is unavoidable, resettlement must be handled as a sustainable development program, whereby the displaced persons are given the opportunity to join the planning and implementation process, while sharing the benefits of the project; and Affected/displaced persons must be assisted to improve their livelihood or, at least, restore it to pre-project levels. E.8 The key provisions of this policy were taken into consideration in preparing the RPF. The O.P 4.12 of the World Bank has been compared with the provisions available in the Yemeni laws and gap between the two systems have been identified. This discussion has been supplemented by suggesting additional measures and key recommendations. E.9 The Local Council shall take the responsibility for implementation of RPF at respective local authorities, with assistance from other line local offices of the concerned ministries. E.10 Every effort will be made to avoid land acquisition impacts, or where this is not possible, to minimize displacement and adverse impacts of the projects by examining all available design options. RPF will be implemented in full consultation and participation with project affected people. RPF presents a number of steps including: A full understanding of project components, particularly those requiring land acquisition Principles and Objectives Governing Resettlement and Implementation

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Legal Framework Public Participation and Consultation Disclosure Planning Procedures and Identification of Impacts Resettlement Planning Method and procedures for evaluating asset Organizational responsibilities and Institutional Framework The handling of Complaints and Grievances Funding mechanisms E.11 These steps will ensure that WSSP projects are satisfactorily and efficiently implemented to effectively address social, economic and environmental impacts so that Project Affected Persons (PAPs) are fairly treated if land acquisition and/or resettlement will be required. E.12 Measures/Recommendations

The following are some measures/recommendations that will have to be considered as part of the policy dialogue with the concerned authorities to meet the regulatory gaps between the Yemeni law and Bank Policy: E.13 Loss of land

Fair compensation should be based on full replacement cost. Compensation in the form of land for land, for those that have been displaced, should be a preferred option. Compensation for other loss of property should be paid as well in line with provisions of this framework Transitional and shifting allowance support should be given along with compensation E.14 Loss of House/structure

If the impacts include physical relocation, the project includes measures to ensure that PAP should be: Provided with residential housing, or housing sites which should be of better or at least equal value to the previous site/house. or Entitled to in-kind compensation or cash compensation at full replacement cost Provided with shifting allowance during relocation

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E.15

Loss of Income

Sensitize and discuss with the concerned authority on how the Bank‟s policy addresses the issue of loss of income/business. Special focus should be given on livelihood restoration in relevant Resettlement Action Plans including the following: Assistance for restoring income Micro-finance support (savings and credit), and other small business development activities Skill development and training to build their capacities on new vocations. E.16 Squatters

Enforcement of laws to ensure that the rights of the squatters are addressed properly. It should be noted that project affected persons, even if they have no official title to the land they occupy, are entitled to compensation according to OP 4.12. E.17 Tenants

The rights of the tenants must be clarified in laws or by-laws. As per Bank Policy tenant should be entitled for rental allowance and transitional allowance. E.18 Loss of Community Asset

Concerned authority must take care of protection, relocation and replacement of community assets and it must be clarified in laws or by-laws. E.19 Vulnerable Group

Specific attention must be given to any vulnerable groups affected by the project, especially the poor, people below the poverty line, the landless, the elderly, women and children. They should be consulted meaningfully throughout the project cycle and special assistance/allowance to be given to them to improve their socio-economic condition at preproject level. This process should be carefully documented. E.20 Consultation – Grievance mechanisms

Independent mechanism to address grievances prior to resettlement The compensation amount should be given prior to start of the project Affected person/groups should get access to full information about the resettlement process and options for compensation. Participatory planning and decision making should be applied in resettlement options and compensation Meaningful information and consultation must be implemented throughout the project cycle Specific grievance registration and processing mechanism to be put in place.

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E.21

Monitoring and Supervision

Implementation of Resettlement Plans will be regularly supervised and monitored by PMC. The findings will be recorded in reports to be furnished to the World Bank and PPC. Internal monitoring and supervision by PMC will verify that the baseline information of all PAPs has been collected. An independent agency or agencies will be retained by the concerned Ministry to periodically carry out external Monitoring and Evaluation (M&E) of the implementation of the Resettlement Plans, and suggest any modification in the implementation procedures of RP as necessary to achieve the principles and objectives of this Policy Framework. E.22 Funding

Funds for implementing Resettlement Plans will be provided by the project based on the cost estimated and presented in Resettlement Plans. In case of cost overruns due to unforeseen delays or other circumstances , the concerned ministry / project proponent will be responsible providing necessary additional funds as and when required to cover all resettlement cost. E.23 Resettlement Plans

As indicated above, the various WSSP sub projects have not yet been identified and the number of affected persons is therefore not known. However, as soon as specific sub projects are developed, site-specific Resettlement Action Plans (RAP) containing detailed information about number of people affected, area of land to be acquired and compensation amounts to be paid, will have to be developed. It should be noted that the RAP process must be completed prior to the start of physical works. Subsequent RAPs should be based on the principles outlined in this RPF. E.24 Key recommendations

All efforts should be made to avoid and minimize negative social impacts PAPs should be informed, consulted and participate in planning, implementation and monitoring resettlement Spell out clearly a cut-off date to avoid subsequent problems Undertake a socio-economic study and give particular attention to vulnerable groups Establish and operationalize fair, quick and transparent grievance redressal mechanism For poor households and vulnerable PAPs, compensation should be linked with special allowances / assistance to improve their socio-economic conditions at pre-project level Fair compensation to all PAPs before the start of the project

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Table of Contents

CHAPTER 1: INTRODUCTION .............................................................................................................. 3 1.1 1.2 1.3 BACKGROUND AND INFORMATION ....................................................................................... 1 OBJECTIVE, BASIS AND JUSTIFICATION OF RPF ................................................................. 2 FORMAT OF RESETTLEMENT POLICY FRAMEWORK .......................................................... 3

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Chapter 1: Introduction

1.1

Background and Information

In order to improve socio-economic condition and combat the water crisis in Yemen, the government has taken several initiatives. The objective is efficient management of scarce water resources in the country and equitable distribution to ensure all round development on a sustainable basis. Government of Yemen (GOY) produced a National Water Sector Strategy and Investment Program (NWSSIP) in 2004 and a Poverty and Social Impact Assessment (PSIA) of water reforms in 2007 (for the rural water supply and sanitation, groundwater management, and irrigation sub-sectors). The NWSSIP, which is the key policy document of the GOY for the water sector, is currently updated in July 2008. NWSSIP has provided valuable inputs into Yemen‟s Development Plan for Poverty Reduction (DPPR) 2006-2010. This DPPR has also incorporated the objectives of the Agricultural Long-term Plan (AGSIP) 2006-2015, which has significant bearing on issues of rural livelihoods and sustainable water use. To further strengthen and accelerate the water sector reform strategy of the GOY, the World Bank is preparing a Water Sector Support Program (WSSP) under a sector-wide approach (SWAp) framework, in collaboration with KfW, DFID and the Netherlands. The WSSP will cover four sub-sectors with pro poor focus and will have the following components: Component 1: Urban Water and Sanitation

This component will address the issues of sustainable water supply and sanitation services in cities and towns with increased coverage. Component 2: Rural Water Supply and Sanitation

The support program under this component will ensure rapid expansion of water supply and sanitation services in rural communities. Component 3: Irrigation Improvements

The goal is to achieve increased agricultural production per unit of water used (Water Productivity Improvements), both in terms of quantity and quality. This will be achieved by adopting modern on-farm irrigation technologies throughout Yemen, and will include on-farm agronomic and water saving practices. Improvements in the functioning of irrigation user associations at the canal level and irrigation councils at wadi / basin levels will also be a part of this component. Component 4: Water Resources Management

The objective of this component is to improve planning, conservation and sustainable allocation of water, keeping in view water related environmental issues and climate change
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impacts of water resources policy decisions. It will provide support to the Ministry of Water and Environment in its planning and manpower functions and to NWRA in basin planning activities in critical basins. Component 5: Capacity Building

Capacity building has been identified to play a crucial role in all the four components mentioned above. This will address the need for improved institutional capacity of central institutions to develop policies, plans, budgets and regulate the water sector. The component will provide financing from the four components mentioned above for short and medium term training programs primarily for Ministry of Water and Environment (MWE) and Ministry of Agriculture and Irrigation (MAI) and for the central authorities of General Directorate of Irrigation (GDI) , National Water Resource Authority (NWRA), General Authority for Rural Water Supply and Sanitation Authority (GARWSP) and local corporations and will be designed to link with continuing civil services reforms. The objectives of WSSP are to achieve the following main development objectives by adopting a sector-wide approach (SWAp).    improve access to water supply and sanitation services, increase returns to water use in agriculture, strengthen sector institutions for sustainable water resources management and environmental protection

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1.2

Objective, Basis and Justification of RPF

The WSSP involves sectoral investments, projects with financial intermediaries and other interventions with multiple subprojects. The subprojects involve some physical works, which have not yet been fully defined. A Resettlement Policy Framework (RPF) is required when the extent and location of resettlement cannot be known at appraisal. RPF is prepared in accordance with World Bank guidelines as set out in their OP 4.12 in compliance with Yemeni laws pertaining to resettlement and land acquisition. This policy provides any situation that may arise where need for temporary or permanent land acquisition is inevitable, resettlement and compensation activities for the lost land should be conceived and executed in sustainable manner. The RPF is intended for use as practical tool, when to guide the preparation of Resettlement Action Plan (RAP), depending upon the scale and severity of impacts- for project or sub project activities during implementation of the WSSP. More precisely, it has been prepared as instrument to be used throughout the WSSP implementation. Involuntary resettlement arising from projects often gives rise to severe economic, social and environmental hardships. The hardships stem from the following reasons among others: a) b) c) d) e) Disruption of production and income generating systems; Affected persons' skills being rendered inapplicable in new environments; Weakening of community and social fabric and networks; Dispersion of kin groups; Loss of cultural identity and traditional authority; and
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The target of the RPF is to ensure the Project Affected Persons (PAPs) to get the compensation for their loss, offer them the resettlement measures, and help them to improve or at least restore their levels of living and income after the project impact. It is intended to safeguard the interests of the population impacted by the project, especially the poor and vulnerable. The objective of Bank‟s Policy is to ensure that throughout its life, the project fully complies with the principle that any involuntary loss of assets or relocation of economic activities or residence, are minimized and fully compensated, and that adequate procedures exists for prior consultation of all affected persons1, assessment of losses and entitlements, handling complaints and disputes, and monitoring the outcomes. In particular it provides that the outcomes conform to the principles of full and prior compensation for any lost assets and full restoration of standards of living that are directly and adversely affected2. The policy also applies to those who lack legal or formal ownership of affected assets and are entitled to fair compensation and all other forms of assistance (housing, social services etc.) This policy provides for any situation that may arise where the need for temporary or permanent land becomes apparent at the stage of project selection or technical design , or where execution of physical works result in the disturbance of occupants or users The policy addresses the following specific issues. Involuntary resettlement and land acquisition will be avoided where feasible, or minimized, by exploring all viable alternatives. Where involuntary resettlement and land acquisition is unavoidable, resettlement and compensation activities will be conceived. They will be meaningfully consulted and will have opportunities to participate in planning and implementing resettlement and compensation programs Affected persons will be assisted to improve their livelihood and standards of living or at least to restore them prior to the beginning of the project.

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1.3

Format of Resettlement Policy Framework

The Resettlement Policy Framework is prepared in the following order: Chapter 1: provides a brief background of WSSP, narrating the development objectives, basis, and justification of preparing the RPF. The main objective is given as protection of PAPs from the consequences of resettlement through provision of appropriate and adequate compensation to ensure improved livelihoods of PAPs after resettlement. Chapter 2: highlights Yemeni legal and institutional framework related to land acquisition resettlement and compensation. Chapter 3: summaries Bank rule and regulations on involuntary resettlement (OP 4.12).
For the purpose of this framework , “affected person” are defined as all persons who , as result of work carried out or to be carried out under the Project , would incur involuntary lass, 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 2 This policy complies with Bank‟s safeguard requirements for financing investment projects as detailed in Operational Policy 4.12
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Chapter1: Introduction

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Chapter 4: Finally, and based on the discussion of the Bank regulations as well as Yemeni legislation, the last chapter identifies gaps between the two systems and represents recommendations on how to address existing differences.

Chapter1: Introduction

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Table of Contents

CHAPTER 2: COUNTRY LEGAL AND INSTITUTIONAL FRAMEWORK.............................................. 3 2.1 2.2 INTRODUCTION......................................................................................................................... 1 LAND TENURE AND OWNERSHIP ........................................................................................... 1

2.2.1 PRIVATE LAND........................................................................................................................... 1 2.2.2 STATE–OWNED OR GOVERNMENT LAND ....................................................................................... 2 2.2.3 COMMUNAL LAND ....................................................................................................................... 2 2.2.4 ENDOWMENT/ W AQF LAND ......................................................................................................... 2 2.3 LAWS AND REGULATIONS ...................................................................................................... 2

2.3.1 LAWS GOVERNING PRIVATE PROPERTY ...................................................................................... 2 2.3.1.1 Constitution ..................................................................................................................... 2 2.3.1.2 Civil Law .......................................................................................................................... 3 2.3.2 LAWS GOVERNING STATE PROPERTY ......................................................................................... 3 2.3.2.1 Constitution ..................................................................................................................... 3 2.3.2.2 Civil Law .......................................................................................................................... 3 2.3.3 LAWS GOVERNING COMMON USE LAND ...................................................................................... 4 2.3.4 LAWS GOVERNING THE W AQF / ENDOWED LAND......................................................................... 5 2.3.4.1 Constitution .................................................................................................................... 5 2.3.5 OTHER TYPES OF LAND .............................................................................................................. 5 2.3.6 LAWS GOVERNING AGRICULTURAL LAND OWNERSHIP ................................................................. 5 2.3.6.1 Constitution ..................................................................................................................... 5 2.3.6.2 Registering the contracts ................................................................................................ 6 2.3.6.3: Leasing agricultural lands .................................................................................................. 6 2.3.6.4 Depriving ownership shall not be permitted .................................................................... 6 2.3.7 LAWS GOVERNING NEIGHBORHOOD RIGHTS ................................................................................ 6 2.3.7.1 Civil Law .......................................................................................................................... 6 2.3.8 LAWS GOVERNING SQUATTERS .................................................................................................. 7 2.3.9 LAWS GOVERNING SOCIAL SECURITY FOR VULNERABLE GROUP .................................................. 7 2.3.10 SPECIAL PROVISIONS IN RESPECT OF THE RIGHT TO DRINK ........................................................... 8 2.4 LAND ACQUISITION PROCEDURE .......................................................................................... 8

2.4.1 TYPES OF LAND ACQUISITION PROCEDURE ................................................................................. 9 2.4.1.1 Administrative Acquisition ............................................................................................... 9 2.4.1.2 Judicial Acquisition ........................................................................................................ 10 2.4.1.3 Amicable/ Mutually Agreed Acquisition ......................................................................... 11 2.4.2 TEMPORARY ACQUISITION ........................................................................................................ 12 2.4.3 GENERAL PROVISION REGARDING ACQUISITION (ART.21- 27).................................................... 13 2.5 2.6 2.7 MINIMIZATION OF IMPACTS .................................................................................................. 14 LAND ACQUISITION PLAN (LAP) IN WSSP PROJECT /SUBPROJECT INTERVENTION ... 15 RESETTLEMENT PLANS......................................................................................................... 15

2.7.1 ABBREVIATED RESETTLEMENT PLAN PROCEDURES ................................................................... 15 2.7.2 FULL RESETTLEMENT ACTION PLAN (RAP) PROCEDURES ......................................................... 16 2.8 CATEGORIES OF PROJECT AFFECTED PERSONS (PAPS) ............................................... 17

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2.9 2.9.1 2.9.2 2.9.3 2.9.4 2.9.5 2.9.6 2.9.7 2.9.8 2.9.9

ORGANIZATIONAL RESPONSIBILITY AND INSTITUTIONAL FRAMEWORK ...................... 17 PUBLIC PARTICIPATION AND CONSULTATION.............................................................................. 17 DISCLOSURE............................................................................................................................ 18 SOCIO-ECONOMIC STUDY ........................................................................................................ 19 VALUATION AND EXPROPRIATION PROCEDURE .......................................................................... 19 RESPONSIBILITIES OF EVALUATION COMMITTEE ......................................................................... 19 COMPENSATION ....................................................................................................................... 20 COMPLAINTS AND GRIEVANCES ................................................................................................ 20 MONITORING AND SUPERVISION................................................................................................ 20 FUNDING ................................................................................................................................. 21

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Chapter 2: Country Legal and Institutional Framework

Introduction

Yemen's legislation provides the legal framework for this RPF. The conditions and provisions for declaring areas of land as public eminent domain, the provisions for expropriation and compensation; and the definition of rights of owners and use of communal property all exist in law. However, because of the weakness of the judicial system and the presence and prevalence of customary law and enforcement of Islamic Shari‟ah law as given in Article1 of the Civil Law: “Islamic Shari'ah Law shall be forced on all transactions and issues of which the texts are defined lexically and meaning wise. In the absence of the precise definition in the Civil Law the matter shall be resorted to the principles of the Islamic Shari'ah from which the Civil Law is drawn. In the absence of the latter the judge shall pass his judgment in accordance with conventional (Traditional) legislations. In the absence of the conventional legislations the judge may resort to the justice based on the principles of the Islamic Shari'ah. The conventional (traditional) legislations shall be conditioned in that it shall be general and fixed and does not contradict public obedience”, it is necessary that the RPF take the social context into account and adapt it to local conditions. kk) ll) 2.2 Land Tenure and Ownership

Land ownership in Republic of Yemen is based on Islamic Law and has four categories of ownership: Privately owned (mulk), State -owned or Government land (historically referred to miri) Communal property, and land endowed to religious trust (waqf). 2.2.1 Private Land

Private land covers all land held in private ownership, urban or rural, which neither Waqf nor Government land. Private land is subject to Shari‟a law which ensures that the direct descendents inherit of the owner, and falling that the indirect descendents inherit the estate upon the owner‟s death. Privately owned land is administered under customary law and is always documented by a written deed or contract, usually signed by a religious authority or a sheikh who is also charged with updating records (for example, inheritance changes). Thus, documentation is available on the most productive plots in the country (and includes information on boundaries, history of ownership, and so on. However, because there is a weak system for authentication, neither these deeds nor a national cadastral system, there is conflict over land ownership. The effectiveness of locally based traditional systems for managing land – related conflicts is weakened because i. The central government, a higher authority, may intervene. ii. Local sheikhs who might adjudicate land – related conflicts are no longer perceived as neutral arbitrator, because they are the primary beneficiaries of land concentration. iii. The court system is also ineffective and overburdened with adjudicating land conflicts.
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iv. There is trend toward increasing private appropriation of communal land. v. Customary law entrusts sheikhs with the management communal lands, primarily used for grazing and firewood collection. vi. There is growing confusion over communal land entrusted to sheikhs and the land that they hold privately. Some Sheikhs have sold land alleged to be communal to private owners outside norms

2.2.2 State–owned or Government Land Government land is a 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. Urban land records are kept in the Ministry of Finance, Department of Public Domain, and the land is administered by the Ministry of Public Works and Highways and in rural areas by tribal areas by tribal or village leaders. Government land 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. 2.2.3 Communal Land

Communal land is primarily used for grazing and firewood collection. There is a trend towards increasing private appropriation of communal land. Customary law entrusts sheikhs with the management of communal land. In recent years, as land speculation has increased (especially in areas close to towns), there is growing confusion over communal land entrusted to sheikhs and the land that they hold privately. Some sheikhs have sold land alleged to be communal to private owners outside the tribe, a contravention of customary norms. 2.2.4 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: 1. 2. mm) nn) 2.3 Laws and Regulations Family Waqf Charitable Waqf

A wide range of Yemeni laws and regulation outlines how land ownership rights are handled. The subsequent section will draw attention on laws governing (i) Private Property, (ii) State Land (iii) Communal Land (iv) Waqf Land (v) Other Types of Land (vi) Agricultural Land (vii) Neighborhood Rights (viii) Squatters and (ix) Social security for Vulnerable Group (x) special provisions in respect to right to drink 2.3.1 Laws Governing Private Property

2.3.1.1 Constitution
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Article 20: Public appropriation of property is forbidden. Private appropriation is unlawful without judicial decision. Article 7: Paragraph (c) of Article 7 of the Constitution of the Republic of Yemen states that: “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.” 2.3.1.2 Civil Law Article 1159 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 of the Civil Legislation states that: “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.” 2.3.2 Laws Governing State Property

2.3.2.1 Constitution Article 19: Public property and assets have certain inviolability, which should be protected and safeguards 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. Article18: 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. 2.3.2.2 Civil Law 2.3.2.1.1 Definition of the Public Property Article 118: Public Property is 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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2.3.2.1.2 Losing the identity of Public Property Article119: indicates that 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: specifies that 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. 2.3.3 Laws Governing Common Use Land

Republican decree no. (170) of 1996 concerning law no. 21 of 1995 of Lands and Real Estate: defines it considered 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 runoff 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 make the following definition: “Common-Use Land are considered to be fully and completely owned by the State”. 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 dated 1996 concerning the executive bylaw of the Law concerning State owned land and properties No. 21 states that: “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

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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.

2.3.4 Laws Governing the Waqf / Endowed Land 2.3.4.1 Constitution Waqf law no. (23) 1992 and Estates Republic Decree No. (99) 1996 defines leasing Waqf Lands Article 22: Endowments has 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. 2.3.5 Other Types of Land

Law No. 21 of 1995 concerning state land states: White Land These are the 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 – Muraheq Al – Amma This consists of 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. Agricultural lands Actual cultivated lands or lands that are prepared for cultivation. Barren Lands Open left lands or lands that are deserted. Desert Lands Sandy lands, or lands that are covered with a sandy layer. 2.3.6 Laws Governing Agricultural Land Ownership

Rights and obligations in agricultural land ownership: 2.3.6.1 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.

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2.3.6.2 Registering the contracts Article 527 of Civil Law: 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. 2.3.6.3: Leasing agricultural lands Article 756 of the Civil Law: permits the leasing of agricultural lands and other type of lands according to the consent of the contractees. Defining the term plantation (al- mygarsa): Article 761 of the Civil Law defines that proper " plantation " is when the owner of the land hires someone to plant part of his owned land by a known number of plantations provided by the tenant, such plantation shall have fixed roots, the tenant shall look after the plantation till it is fully grown and bare (for example) fruits in a specified period, this shall be in return for a known wage, or even part of the land or the crop. This type of plantation binds the two parties on what they have agreed upon signing the contract , neither has the right to cancel the contract and the land does not return to the owner wholly except when the plantation disappears with the consent of the two parties. Defining the term farming (al-myzaraha): Article 765 of the Civil Law stipulates the farming jurisdictions as " If the owner of the land leases a known land to a tenant for plantation for a certain period, the contract shall be considered proper and binding for contractees (both parties) and such a contract shall not be considered null and void except with the consent of parties, or if the tenant fails to fulfill the conditions agreed upon in the contract, or when he refrains from paying the rent. Defining irrigation (al- myskah): Article (770) of the Civil Law defines that proper irrigation is when an owner hires a person (worker) for seeding or planting in order to improve the seedling or plants , cleaning the land and watering (irrigating) for known periods , this shall be binding for both contractees (both parties) and shall only be considered null and void with the consent of both parties , or for any kind of negligence , lose , crime committed by the worker , or when failing to fulfill the considerations of the contract by either the worker or the owner when he refrains for paying the wages that have been decided , conditions as such give shall the parties concerned (contractees) the right the cancel contract before or after the work , the worker shall be entitled for wages for the work he performed. 2.3.6.4 Depriving ownership shall not be permitted Article (1159) of Civil law: 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. 2.3.7 Laws Governing Neighborhood rights

2.3.7.1 Civil Law

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Article (1161): 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. 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." 2.3.8 Laws Governing Squatters

Law no.21 of 1995 concerning State’s land and Estates 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 shall be formed a Technical Committee for estimating the selling or renting prices of these Lands 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 . 2.3.9 Laws Governing Social Security for Vulnerable Group

Constitution Article 24: The state guarantees equal opportunities for all citizens politically, economically, socially and culturally and shall issue laws for realization thereof. Article 25: Yemeni society is based on joint responsibility including justice, liberty and equality in accordance with law. Article 40: All citizens have equal public rights and duties.
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Article 56: The State shall guarantee the provision of social security to all citizens in cases of sickness, disability, unemployment, old age or loss of family provider. In particular the State, in accordance with the law, guarantees the same to the dependents of martyrs (Shuhada). 2.3.10 Special provisions in respect of the right to drink The articles of 1359 to 1365 under the Civil Law:  Water is permissible to all and it is not to be held and owned as private ownership except on transfer or acquisition or rule that falls within that context. Digging of a well for obtaining water shall be considered as acquisition, if it sprout from permissible source or runs through conduit. Permissible water falls within the right of whoever acquires it earlier to satisfy self sufficiency, even if taken from an ownership. No one may be allowed to enter the possession of one's neighbor to obtain water, only with owner's permission or consent, or conforming conventional practice. If the possessors of the drinking right do not agree on undertaking the necessary repairs for the shared small stream, they may, at the request of one of them, be obliged to carry out the necessary repairs. Drinking right shall be bequeathed, and be recommended for usufruct. It shall not be sold, nor conferred nor rented, unless conforms to conventional practice.

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2.4

Land Acquisition Procedure

Law N0. (1) of 1995 Land Acquisition for the Public Interest : Article (1): Land Acquisition for the Public Interest ministries, authorities and general intuitions 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 Law refer to above states: " Projects of Public interest means all that is related to the following works: a. b. Vital Projects that have no other alternatives as far as location is concerned , such as : Water sanitation installations, sites of mineral, oil, and gas resources, airports, harbors, dams and irrigation and water supply projects. Shelters, trenches and access and all types of installations required by security and defense. Vital Projects which have other alternatives as far as location is concerned , such as : Mosques , cemeteries/graveyards , schools ,institutes , universities , hospitals , military camps/barracks , Police stations , Slaughter house ,orphanage , roads and markets.
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Industrial zones, agricultural installations, electricity projects, communications and postal services. 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.

According to Article (3) the act of acquisition in general can either be administrative or amicable in the event of conflict disagreement the matter is then reverted to court. 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. 2.4.1 Types of Land Acquisition Procedure

Three main types of acquisition procedures described in Law no. 1, 1995 concerning land acquisition for general benefits. Article 3 of above mentioned law indicates that there are two types of acquisition namely (i) Administrative Acquisition and (ii) Mutual Acquisition. If both the parties do not reach to a settlement, the disagreed party may approach to the court under Judicial Acquisition. 2.4.1.1 Administrative Acquisition Article 4: 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.

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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. 2.4.1.2 Judicial Acquisition Articles 7 to 11 of the Law referred the Judicial Acquisition procedure that is either directly or indirectly related to water supply and sanitation: 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. 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. 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 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. 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. 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.. 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. 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
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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.

2.4.1.3 Amicable/ Mutually Agreed Acquisition Article (6) of the law referred to above with respect to “mutually agreed acquisition” states a number of provisions: a) 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 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 and that no objection were raised even after the expiry of the twenty days and stating valid reasons for the delayed objection. After ascertaining that the person acquisitioned from had received the compensation, or that the compensation real estate had been registered in the name of the person acquisitioned from the event of compensation in type unless otherwise a different agreement exists. 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
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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.

2.4.2

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. The Evaluation 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. 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 Evaluation 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 Evaluation 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. 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

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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.

2.4.3 a.

General Provision Regarding Acquisition (Art.21- 27) If the act of acquisition involves only part of a real estate thus resulting in the remaining part becoming non-beneficial and unusable, then the party acquisitioned from is entitled to demand from the court that this remaining part of the real estate be also acquisitioned by the acquisitioned. The court may then rule that the whole of the real estate be acquisitioned if the Evaluation Committee deems it valid. The application for this acquisition must be made during a period not exceeding two years from the date the acquisitioned real estate was formally handed over to the acquisitioner. If the partial acquisition causes physical damage to the remaining parts of the real estate the party acquisitioned from is entitled to respective compensation. Moreover, every owner of a real estate not affected by the acquisition but suffered harm and damage as a result of executing the project is entitled to appropriate compensation. Respective court proceedings must commence not later than one year from the date of the commencement of the project. No action of whatsoever type is considered valid with respect to a real estate which is the current subject of evaluation of compensation by the Evaluation Committee, or is the subject of an acquisition case being looked into by the court. In districts were no real estate register exist the registry of the courts shall carry out the task of registering real estates. Courts must start operating registries for this purpose until such time as Real Estate Registries are established and the registers are transferred to them from the courts. The court of appeal in which domain is located the real estate becomes the court which specializes in looking into all applications, litigations and legal proceedings pertaining to acquisition for the common good. Contesting of appeal to the high court not halt the execution of whatever had been ruled by the court of appeal in accordance with the law of Civil Procedure. Every authority entitled by law to acquisition real estate (inclusive of land, in accordance with Article (1) of the Law referred to above) intending to acquisition a real estate should first notify the concerned party in the Department of Government Real Estate of its intention to before commencing acquisition procedures. Acquisition transactions and dealings are exempted from stamp duty and Real Estate Registry fees.

b.

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The above Law aims at locating and indentifying State Lands and Estates, and to 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.
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The above Law specifies the following as state lands:       Lands and Estates where ownership belongs to the state ; Lands and Estates that prove to be owned by the state according to document , deeds , or any other legal justification ; Barren Lands , forests and jungles if they are not a permanent property of an individual ; Coast and their natural protected boundaries and semi depopulated islands ; Lands and Estates that are not owned by an individual , and has no inheritors according the principles jurisdictions of the Sharai'ah Law ; Any lands that are considered according to the jurisdictions of the existing laws a State property.

The law asserts that the period of judicial order shall not be applicable to the State Lands and Estates even if such a property is not registered in the records of the Directorate of Estates Registration. It also specifies that State agricultural and barren lands are to be disposed by an open auction. As for barren lands , they are to be sold or leased for whosoever is interested of the of agricultural colleges , petty (small) farmers , families of martyrs and wounded army personal's , state military and civil employees after their pension or leaving their service , agricultural and investment projects of agricultural nature. Law compels whosoever buys or leases a barren land, or has been awarded the land on Usufractuary contract, to reclaim and cultivate it within a period not exceeding two years from the date the land is sold or leased, otherwise the contract shall be automatically considered null and void without the need of taking any legal action. As for the desert lands, the contract shall be considered terminated after a period of five years. The Law asserts that the state land that were disposed on official contracts on usufractuary basis before the issuing of this law, and in as far as non-investmental agricultural lands concerned, the area assigned shall be sufficient to support the beneficiary and his family and under the knowledge of the technical committee formed by the Minister for the purpose, and the excess land(s) is/are to be withdrawn to State ownership. The State Lands Estates Directorate is the State authorized official body to monitor and utilize State lands and Estates and to dispose them. The cabinet of Ministers may entrust the Ministry of Agriculture and Irrigation the supervision of state agricultural lands that the Directorate is unable to monitor; and that shall be for a specified periods, the Ministry shall not dispose state agricultural lands owned by the State by means of sale, relinquishing or any other method of dealings that might lead to the transfer of the lands to others, and in exceptional cases the sale should be conducted by the Directorate. oo) 2.5 Minimization of Impacts

Every effort will be made to avoid land acquisition impacts, or where this is not possible, to minimize displacement and adverse impacts of projects, the design shall be reviewed and revised based on the appropriate and documented consultations with the PAPs and with the aim of avoiding or minimizing expropriation and adverse socio-economic impacts.
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pp)

2.6

Land Acquisition Plan (LAP) in WSSP Project /Subproject Intervention

Following the Land Acquisition Procedure as discussed above, LAP for projects/Subprojects under WSSP will be prepared where land acquisition is inevitable. Program Management Committee (PMC) through Inter Ministerial Steering Committee (IMSC) will notify the donors by means of a brief Land Acquisition Plan for that sub-project, and the information provided in the pre-feasibility studies. This Land Acquisition Plan, based on the social scientists‟ findings, will identify and justify the temporary or permanent expropriations proposed, and will indicate anticipated impacts on all project-affected persons, including those who lack legal or formal ownership of affected assets. The precise number of PAPs that will require compensation must be included in the Land Acquisition Plan after being identified in a census carried out for that purpose. The Land Acquisition Plan will also include: i) specific entitlements and compensations or other remedial actions to be taken; ii) the assignment of executing roles and responsible agencies; and iii) a record of the initial consultations with the affected population. The Bank, on reviewing the Land Acquisition Plan, will advise the concerned Ministry through their relevant offices whether or not the proposed sub-project and the costs associated with implementing the LAP can be financed under the loan. On the basis of the LAP, the Bank will also advise the concerned Ministry whether a full or abbreviated Resettlement Action Plan should be prepared and whether or not other remedial actions need to be taken. The submission of the plan and its approval by the Bank is a condition that must be met prior to subproject approval and the initiation of any works. Checklists for Screening of Land Acquisition and Resettlement Impacts as well as Land Acquisition Assessment Data Sheet are provided in Annex- 1 and 2. 2.7 Resettlement Plans

For the WSSP details of the project activities are not yet well defined. The number of affected persons is not yet known and the compensation values and the persons to be compensated cannot be precisely determined. It is therefore, impossible to prepare a RAP or an ARAP in the absence of the specific project details of the extent and location of the project activities. Hence, the project appraisal for the WSSP cannot prepare these instruments which require very specific project details. Consequently, only a resettlement policy framework can be prepared at this time. A Resettlement Plan (RP) or an Abbreviated RP is prepared at the time, when it is inevitable that WSSP project activities require land and people or their economic activities will be affected or damage to their property is expected. The plan is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the displaced persons or adversely affected groups, and (b) the legal issues involved in resettlement. The rule for determining whether project or sub project will require RP or an abbreviated RP depends to large extent upon a number of PAPs are likely to be affected. 2.7.1 Abbreviated Resettlement Plan Procedures

For projects where impacts on the entire displaced population are minor, or less than 200 people are likely to be affected (e.g., not requiring changes in occupation or relocation of residence). Under such circumstances, an abbreviated resettlement plan will be prepared for each sub-project. The abbreviated resettlement plans should briefly present:

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qq) The project activity necessitating acquisition of land or any other assets, and the nature and extent of that acquisition, including sketch maps; rr) An officially certified enumeration of all the persons affected (including those without legal rights) and the types of impact (Census); ss) A description of compensation and entitlements according to the different categories of impacts and a corresponding table of compensation entitlements and the nature and bases of compensation rates; tt) Consultation with displaced people about acceptable choices and alternatives; uu) Institutional responsibility for the implementation and the procedures for grievance redress; vv) Arrangements for monitoring and evaluation of resettlement and/or compensatory measures; ww) The timetable for implementation of the action; and

xx) Verification that resources for compensation are available.

The abbreviated plan (except for the amounts of monetary awards) shall be made publicly available in Arabic, and other media as appropriate, and in locations accessible to the affected people. Subsequent to its approval by the Bank, the Bank will make it available in the Infoshop. The plan must be approved by the Bank prior to the approval of sub-projects triggering OP 4.12. In the event that any project activity is to affect more than 200 persons, a full Resettlement Action Plan (RAP) must be formulated in conformity with Bank policy. 2.7.2 Full Resettlement Action Plan (RAP) Procedures

In cases where a sub-project would incur involuntary resettlement or other significant or large-scale impacts, the Government will prepare a full Resettlement Action Plan for that individual sub-project. The full RAP requires more in-depth studies than the abbreviated resettlement action plan, including socio-economic and other supporting studies (please refer to the OP/BP 4.12 for full details and requirements of the full RAP). The socio-economic study is conducted by a qualified social scientist that examines the nature of the impacts; the socio-economic and cultural setting, local organizations, and social risks, 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 socioeconomic studies cover the following: a) The results of the census including current occupants of the affected areas to establish the baseline for eligibility criteria and to prevent subsequent inflows of people and claims; Description of the affected households (taking into account the directly affected area as well as downstream impacts in the case of dams) including information about livelihoods and production and labour systems, standards of living and an analysis of their legal rights and informal entitlements and any issues of potential conflict;
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c) d) e)

Statement of the magnitude of the expected loss (total or partial) of assets and the extent of physical or economic displacement; Information about especially poor or vulnerable groups for whom special provisions should be designed; and Provisions to update information about displacement, livelihoods and standards of living before, during and after displacement.

2.8  

Categories of Project Affected Persons (PAPs) those who have formal, legal rights to land (including customary and traditional rights recognized under the laws of the country), those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets--provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan, Those who have no recognizable legal right or claim to the land they are occupying.

PAPs eligible for support may be classified in one of the following three groups:

 yy) zz)

2.9

Organizational Responsibility and Institutional Framework

Once the abbreviated or full resettlement Action Plan has been approved by the Bank, the overall responsibility of enforcement of the Policy Framework and for planning and, implementing Resettlement Plans resets with the concerned Ministry through their relevant offices for legislation and compensation. The concerned department /Program Management Committee (PMC) will be responsible for preparing any Resettlement Plans and for day-today implementation thereof within their respective jurisdictions. (Figure 1) Concerned Ministry/PMC through their relevant offices will work in close coordination with Project Implementation Unit (PIU) to perform the functions as (i) prepares a resettlement procedures manual that will be based on this RPF; (ii) following Bank guidelines for tendering and selecting contractors, identifies an agency to implement the resettlement program; and (iii) and prepares a resettlement action plan. In partnership with the PMC, the PIU will: (a) (b) (c) 2.9.1 Begins the consultative process with the community; Disclosure social assessment to identify the needs of the population to be affected/ displaced. Public Participation and Consultation

The Yemeni Constitution, Elections Law and Local Administration Law recognize the importance of communal participation. However, there are no specific procedures and guidelines available for implementation. In WSSP intervention, PAPs will participate throughout the various stages of planning and implementation of resettlement plans. Hence public consultations through participatory rural
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appraisal shall be mandatory for all projects requiring land acquisition, compensation and resettlement for the WSSP project activities. Prior to the preparation of Resettlement Plans, there will be adequate consultation and involvement of the local communities and the affected persons. Specifically, the PAPs will be informed about the intentions to use the earmarked sites for the WSSP project activities, facilities and structures. The PAPs will be informed of the provision of the Policy Framework at public meetings at local and governorate level: a) Entitlement and rehabilitation choices as outlined in RPF/RP b) their options and rights pertaining to resettlement and compensation; c) specific technically and economically feasible options and alternatives for resettlement sites; d) process of and proposed dates for resettlement and compensation; e) effective compensation rates at full replacement cost for loss of assets and services; and f) proposed measures and costs to maintain or improve their living standards.

The aim of public consultations at the screening stage would be to: disseminate concepts for proposed project activities with a view to provoking project interest amongst the communities; promote sense of ownership for the project and resettlement activities; invite contributions and participation on the selection of project sites; determine communities' willingness to contribute in kind towards the implementation of the project; and determine community willingness to contribute towards long term maintenance of the project facilities.

If PAPs are not satisfied with proposed resettlement arrangements, or if they are dissatisfied with actual resettlement implementation, they can first seek satisfaction through local customary practices for resolving conflict. If this does not result in resolution of issues, project-affected persons will direct their grievances to the special grievance committee to be formed within the PIU. The grievance committee should record receipt of grievances and reply to the project-affected person or persons within ten days after receiving the grievances. If the grievances or disputes cannot be resolved through administrative action, the projectaffected person can initiate legal proceedings in accordance with provincial and national law. 2.9.2 Disclosure

In addition to the consultation process, and in accordance with World Bank‟s Public Consultation and Information Disclosure Policy OP 17.50, the RPF and , if relevant , each Resettlement Plan (Land Acquisition Plan) should be made available locally in Arabic before the start of any expropriation activities.
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2.9.3

Socio-Economic Study

A detailed socio-economic study of the PAPs describes their age, sex, ethnicity, education, occupation, source of income, estimation of households expenditure, skills possessed, saving and debts and record of fixed or immovable assets (this study will include determination of impacts; and preparation of individual resettlement and compensation plans. The purpose of the socio-economic study is to collect baseline data within the site thereby enabling the social assessment of potentially affected populations/communities. The socioeconomic study would focus on the identification of stakeholders (demographic data), the participation process, identification of affected people (including owners and users of land) and baseline information on livelihoods and income, in addition to landholdings. 2.9.4 Valuation and Expropriation Procedure

Concerned Ministry in accordance with Yemeni law shall subsequently inform the State Real Estate Authority prior to beginning the expropriation process. According to Republican Degree 35 (April 2006), General Authority for Land Survey and Urban Planning is responsible for expropriation process with the assistance of technical experts contracted by the PMC. The Evaluation Committee will 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/PMC shall assess its value. 2.9.5 Responsibilities of Evaluation Committee

Articles (18 to 20) of Law 1995 of State Lands Real Estates define procedures for the formation of the Evaluation Committee, its duties and responsibilities as follows: The Minister of Justice forms either a permanent or a temporary Evaluation Committee in every governorate, or for each individual case, as follows: 1. 2. 3. Judge ……………………………………….. …………………………………... Chairman Member Engineer

Representative of the acquisitioning authority named as the head of the authority ….......... Member

4.

Owner of the acquisitioned real estate or his representative. If they are many and did not agree on a representative, then he shall be chosen on a majority basis taking into account the percentage ownership, or else he shall be selected by the Chief Justice of the Court of Appeal. ……………………… Member

The Committee takes all its decisions during the presence of all its members, either on a unanimous or majority basis. If the representative of the acquisitioneer or the party acquisitioned fail to show up in spite of being notified then the Chairman must force the party whose representative failed to show up to appoint another. The Evaluation Committee must
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listen to both parties, and whoever represents them, and study all the information and documents. The Evaluation Committee can, if required, solicit the help of experts. The Chief Justice of the Court of Appeal of the governorate determines suitable remunerations per each real estate for the Chairman and members of the Evaluation Committee, payable by the acquisitioner, who shall also bear the expenses and fees of the experts if the Evaluation Committee decides to solicit their help. 2.9.6 Compensation

The Evaluation Committee shall take into account, when carrying out compensation evaluation, of the following: Prevailing rates in the area where the real estate is located during the evaluation process. The condition of all plants, buildings and installations on the acquisitioned real estate, dates of construction, and percentage of damage. Improvement in the location or in the benefit of the remaining parts of the real estate, or an increase in its value as a result of the acquisition of a part of the real estate. The Evaluation Committee must draw up detailed minutes containing all these basic factors.

2.9.7

Complaints and Grievances

Constitution Article 51: A citizen may resort to the court for the protection of his right and legitimate interests. He shall be entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct or indirect manner. An independent mechanism where PAPs are well represented will be established by PIU as Special Grievances Committee to ensure that all PAPs grievances are treated fairly and timely. Particular attention will be paid to vulnerable groups. During monitoring, all grievances and their resolution will be recorded to ensure that complaints are dealt within timely manner. If the grievances or other disputes cannot be resolved through administrative action, the PAPs can initiate legal proceedings in accordance with provincial and national law and have recourse to the Appellate Courts and the Supreme Court. 2.9.8 Monitoring and Supervision

Implementation of Resettlement Plans will be regularly supervised and monitored by PMC. The findings will be recorded in reports to be furnished to the World Bank and PPC. Internal monitoring and supervision by PMC will verify that the baseline information of all PAPs has been collected and the valuation of assets lost or damaged, and the provision of

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compensation , resettlement and other rehabilitation entitlements have been carried out in accordance with provisions of this Policy Framework. An independent agency or agencies will be retained by the concerned Ministry to periodically carry out external Monitoring and Evaluation (M&E) of the implementation of the Resettlement Plans. External M&E will gather qualitative information on socio-economic impact on the PAPs and suggest any modification in the implementation procedures of RP as necessary to achieve the principles and objectives of this Policy Framework. 2.9.9 Funding

Funds for implementing Resettlement Plans will be provided by the project based on the cost estimated and presented in Resettlement Plans. In case of cost overruns due to unforeseen delays or other circumstances , the concerned ministry / project proponent will be responsible providing necessary additional funds as and when required to cover all resettlement cost.

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Table of Contents

CHAPTER 3: WORLD BANK OP 4.12 INVOLUNTARY RESETTLEMENT........................................... 3 3.2 3.3 3.4 3.5 3.6 IMPACTS COVERED ................................................................................................................. 1 REQUIRED MEASURES ............................................................................................................ 2 ELIGIBILITY FOR BENEFITS ................................................................................................. 4 RESETTLEMENT PLANNING, IMPLEMENTATION, AND MONITORING ............................... 5 RESETTLEMENT INSTRUMENTS ............................................................................................ 6
18

3.6.1 RESETTLEMENT PLAN ................................................................................................................ 6 3.6.2 RESETTLEMENT POLICY FRAMEWORK ......................................................................................... 6 3.6.3 PROCESS FRAMEWORK .............................................................................................................. 7 3.7 ASSISTANCE TO THE BORROWER ........................................................................................ 7

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kkk) Chapter 3: World Bank OP 4.12 Involuntary Resettlement
This Operational Policy statement was updated in March 2007 to reflect issuance of OP/BP 8.00, Rapid Response to Crises and Emergencies, dated March 2007. Previously revised in April 2004 to ensure consistency with the requirements of OP/BP 6.00, issued in April 2004. These changes may be viewed here. Note: OP and BP 4.12 together replace OD 4.30, Involuntary Resettlement. These OP and BP apply to all projects for which a Project Concept Review takes place on or after January 1, 2002. Questions may be addressed to the Director, Social Development Department (SDV). Bank1 experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks. 3.1 Policy Objectives Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. For these reasons, the overall objectives of the Bank‟s policy on involuntary resettlement are the following: Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.2Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons3 should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 4 lll) 3.2 Impacts Covered

This policy covers direct economic and social impacts5 that both result from Bank-assisted investment projects6, and are caused by (a) the involuntary7 taking of land8 resulting in (i) relocation or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or(b) the involuntary restriction of access9 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 the project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary
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resettlement, that in the judgment of the Bank, are (a) directly and significantly related to the Bank-assisted project, (b) necessary to achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out, contemporaneously with the project. Requests for guidance on the application and scope of this policy should be addressed to the Resettlement Committee (see BP 4.12, para. 7).10 mmm) 3.3 Required Measures

To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a resettlement plan or a resettlement policy framework (see paras. 25-30) that covers the following: (a) The resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost11 for losses of assets12 attributable directly to the project. (b) If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.13 (c) Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;14 and (ii) provided with development assistance in addition to compensation measures described in paragraph 6(a) (iii), such as land preparation, credit facilities, training, or job opportunities. In projects involving involuntary restriction of access to legally designated parks and protected areas (see para. 3(b)), the nature of restrictions, as well as the type of measures necessary to mitigate adverse impacts, is determined with the participation of the displaced persons during the design and implementation of the project. In such cases, the borrower prepares a process framework acceptable to the Bank, describing the participatory process by which (a) specific components of the project will be prepared and implemented; (b) the criteria for eligibility of displaced persons will be determined; (i)

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(c) measures to assist the displaced persons in their efforts to improve their livelihoods, or at least to restore them, in real terms, while maintaining the sustainability of the park or protected area, will be identified; and (d) potential conflicts involving displaced persons will be resolved. The process framework also includes a description of the arrangements for implementing and monitoring the process. To achieve the objectives of this policy, particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples,15 ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. Bank experience has shown that resettlement of indigenous peoples with traditional land-based modes of production is particularly complex and may have significant adverse impacts on their identity and cultural survival. For this reason, the Bank satisfies itself that the borrower has explored all viable alternative project designs to avoid physical displacement of these groups. When it is not feasible to avoid such displacement, preference is given to landbased resettlement strategies for these groups (see para. 11) that are compatible with their cultural preferences and are prepared in consultation with them (see Annex A, para. 11). The implementation of resettlement activities is linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. For impacts covered in para. 3(a) of this policy, these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. For impacts covered in para. 3(b) of this policy, the measures to assist the displaced persons are implemented in accordance with the plan of action as part of the project (see para. 30). Preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land (see footnote 1 above), or on private land acquired or purchased for resettlement. Whenever replacement land is offered, resettlers are provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the sustainability of a park or protected area,16 or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are land-based but the land taken for the project is a small fraction17 of the affected asset and the residual is economically viable; (b) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods are not land-based. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets. For impacts covered under para. 3(a) of this policy, the Bank also requires the following:
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(a) Displaced persons and their communities, and any host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups. (b) In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder). (c) Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers‟ preferences with respect to relocating in preexisting communities and groups are honored.

nnn)

3.4

Eligibility for Benefits18

Upon identification of the need for involuntary resettlement in a project, the borrower carries out a census to identify the persons who will be affected by the project (see the Annex A, para. 6(a)), to determine who will be eligible for assistance, and to discourage inflow of people ineligible for assistance. The borrower also develops a procedure, satisfactory to the Bank, for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful consultations with affected persons and communities, local authorities, and, as appropriate, nongovernmental organizations (NGOs), and it specifies grievance mechanisms. Criteria for Eligibility. Displaced persons may be classified in one of the following three groups: (a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan (see Annex A, para. 7(f)); and19 (c) those who have no recognizable legal right or claim to the land they are occupying. Persons covered under para. 15(a) and (b) are provided compensation for the land they lose, and other assistance in accordance with para. 6. Persons covered under para. 15(c) are provided resettlement assistance20 in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the
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Bank.21 Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in para. 15(a), (b), or (c) are provided compensation for loss of assets other than land. ooo) 3.5 Resettlement Planning, Implementation, and Monitoring

To achieve the objectives of this policy, different planning instruments are used, depending on the type of project: (a) a resettlement plan or abbreviated resettlement plan is required for all operations that entail involuntary resettlement unless otherwise specified (see para. 25 and Annex A); (b) a resettlement policy framework is required for operations referred to in paras. 26-30 that may entail involuntary resettlement, unless otherwise specified (see Annex A); and (c) a process framework is prepared for projects involving restriction of access in accordance with para. 3(b) (see para. 31). The borrower is responsible for preparing, implementing, and monitoring a resettlement plan, a resettlement policy framework, or a process framework (the “resettlement instruments”), as appropriate, that conform to this policy. The resettlement instrument presents a strategy for achieving the objectives of the policy and covers all aspects of the proposed resettlement. Borrower commitment to, and capacity for, undertaking successful resettlement is a key determinant of Bank involvement in a project. Resettlement planning includes early screening, scoping of key issues, the choice of resettlement instrument, and the information required to prepare the resettlement component or subcomponent. The scope and level of detail of the resettlement instruments vary with the magnitude and complexity of resettlement. In preparing the resettlement component, the borrower draws on appropriate social, technical, and legal expertise and on relevant community-based organizations and NGOs.22 The borrower informs potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design. The full costs of resettlement activities necessary to achieve the objectives of the project are included in the total costs of the project. The costs of resettlement, like the costs of other project activities, are treated as a charge against the economic benefits of the project; and any net benefits to resettlers (as compared to the “without-project” circumstances) are added to the benefits stream of the project. Resettlement components or free-standing resettlement projects need not be economically viable on their own, but they should be cost-effective. The borrower ensures that the Project Implementation Plan is fully consistent with the resettlement instrument. As a condition of appraisal of projects involving resettlement, the borrower provides the Bank with the relevant draft resettlement instrument which conforms to this policy, and makes it available at a place accessible to displaced persons and local NGOs, in a form, manner, and language that are understandable to them. Once the Bank accepts this instrument as providing an adequate basis for project appraisal, the Bank makes it available to the public through its InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the borrower disclose it again in the same manner. 23 The borrower‟s obligations to carry out the resettlement instrument and to keep the Bank informed of implementation progress are provided for in the legal agreements for the project. The borrower is responsible for adequate monitoring and evaluation of the activities set forth in the resettlement instrument. The Bank regularly supervises resettlement implementation
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to determine compliance with the resettlement instrument. Upon completion of the project, the borrower undertakes an assessment to determine whether the objectives of the resettlement instrument have been achieved. The assessment takes into account the baseline conditions and the results of resettlement monitoring. If the assessment reveals that these objectives may not be realized, the borrower should propose follow-up measures that may serve as the basis for continued Bank supervision, as the Bank deems appropriate (see also BP 4.12, para. 16). ppp) 3.6.1 3.6 Resettlement Instruments

Resettlement Plan

A draft resettlement plan that conforms to this policy is a condition of appraisal (see Annex A, paras. 2-21) for projects referred to in para. 17(a) above.24 However, where impacts on the entire displaced population are minor,25 or fewer than 200 people are displaced, an abbreviated resettlement plan may be agreed with the borrower (see Annex A, para. 22). The information disclosure procedures set forth in para. 22 apply. 3.6.2 Resettlement Policy Framework

For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this policy (see Annex A, paras. 23-25). The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs. For financial intermediary operations that may involve involuntary resettlement, the Bank requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the Bank requires that before appraisal the borrower or the FI submit to the Bank a resettlement policy framework conforming to this policy (see Annex A, paras. 23-25). In addition, the framework includes an assessment of the institutional capacity and procedures of each of the FIs that will be responsible for subproject financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects to be financed by the FI, a resettlement policy framework is not required. Instead, the legal agreements specify the obligation of the FIs to obtain from the potential sub borrowers a resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all subprojects involving resettlement, the resettlement plan is provided to the Bank for approval before the subproject is accepted for Bank financing. For other Bank-assisted project with multiple subprojects26 that may involve involuntary resettlement, the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before appraisal of the project unless, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. In such cases, the borrower submits a resettlement policy framework consistent with this policy prior to appraisal (see Annex A, paras. 23-25). For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal. For each subproject included in a project described in paras. 26, 27, or 28 that may involve resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated
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resettlement plan that is consistent with the provisions of the policy framework be submitted to the Bank for approval before the subproject is accepted for Bank financing. For projects described in paras. 26-28 above, the Bank may agree, in writing, that subproject resettlement plans may be approved by the project implementing agency or a responsible government agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate institutional capacity to review resettlement plans and ensure their consistency with this policy. Any such delegation, and appropriate remedies for the entity‟s approval of resettlement plans found not to be in compliance with Bank policy, are provided for in the legal agreements for the project. In all such cases, implementation of the resettlement plans is subject to ex post review by the Bank. 3.6.3 Process Framework

For projects involving restriction of access in accordance with para. 3(b) above, the borrower provides the Bank with a draft process framework that conforms to the relevant provisions of this policy as a condition of appraisal. In addition, during project implementation and before to enforcing of the restriction, the borrower prepares a plan of action, acceptable to the Bank, describing the specific measures to be undertaken to assist the displaced persons and the arrangements for their implementation. The plan of action could take the form of a natural resources management plan prepared for the project. qqq) 3.7 Assistance to the Borrower

In furtherance of the objectives of this policy, the Bank may at a borrower‟s request support the borrower and other concerned entities by providing (a) Assistance to assess and strengthen resettlement policies, strategies, legal frameworks, and specific plans at a country, regional, or sectoral level; (b) Financing of technical assistance to strengthen the capacities of agencies responsible for resettlement, or of affected people to participate more effectively in resettlement operations; (c) Financing of technical assistance for developing resettlement policies, strategies, and specific plans, and for implementation, monitoring, and evaluation of resettlement activities; and The Bank may finance either a component of the main investment causing displacement and requiring resettlement, or a free-standing resettlement project with appropriate crossconditionalities, processed and implemented in parallel with the investment that causes the displacement. The Bank may finance resettlement even though it is not financing the main investment that makes resettlement necessary. The Bank does not disburse against cash compensation and other resettlement assistance paid in cash, or kind (including compensation for land acquisition) However, it may finance the cost of land improvement associated with resettlement activities 1. “Bank” includes IDA; “loans” includes IDA credits and IDA grants, guarantees, Project Preparation Facility (PPF) advances and grants; and “projects” includes projects under (a) adaptable program lending; (b) learning and innovation loans; (c) PPFs and Institutional Development Funds (IDFs), if they include investment activities; (d) grants under the Global Environment Facility and Montreal Protocol, for which the Bank is the implementing/
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executing agency; and (e) grants or loans provided by other donors that are administered by the Bank. The term “project” does not include programs under development policy lending operations. “Borrower” also includes, wherever the context requires, the guarantor or the project implementing agency. 2. In devising approaches to resettlement in Bank-assisted projects, other Bank policies should be taken into account, as relevant. These policies include OP 4.01, Environmental Assessment, OP 4.04, Natural Habitats, OP 4.10, Indigenous Peoples, and OP 4.11, Physical Cultural Resources. 3. The term “displaced persons” refers to persons who are affected in any of the ways described in para. 3 of this OP. 4. Displaced persons under para. 3(b) should be assisted in their efforts to improve or restore their livelihoods in a manner that maintains the sustainability of the parks and protected areas. 5. Where there are adverse indirect social or economic impacts, it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Other environmental, social, and economic impacts that do not result from land taking may be identified and addressed through environmental assessments and other project reports and instruments. 6. This policy does not apply to restrictions of access to natural resources under communitybased projects, i.e. where the community using the resources decides to restrict access to these resources, provided that an assessment satisfactory to the Bank establishes that the community decision-making process is adequate, and that it provides for identification of appropriate measures to mitigate adverse impacts, if any, on the vulnerable members of the community. This policy also does not cover refugees from natural disasters, war, or civil strife (see OP/BP8.00, Rapid Response to Crises and Emergencies). 7. For purposes of this policy, “involuntary” means actions that may be taken without the displaced person‟s informed consent or power of choice. 8. “Land” includes anything growing on or permanently affixed to land, such as buildings and crops. This policy does not apply to regulations of natural resources on a national or regional level to promote their sustainability, such as watershed management, groundwater management, fisheries management, etc. The policy also does not apply to disputes between private parties in land titling projects, although it is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse social impacts, especially those affecting poor and vulnerable groups. 9. For the purposes of this policy, involuntary restriction of access covers restrictions on the use of resources imposed on people living outside the park or protected area, or on those who continue living inside the park or protected area during and after project implementation. In cases where new parks and protected areas are created as part of the project, persons who lose shelter, land, or other assets are covered under para. 3(a). Persons who lose shelter in existing parks and protected areas are also covered under para. 3(a). 10. The Involuntary Resettlement Sourcebook provides good practice guidance to staff on the policy.

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11. “Replacement cost” is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account (for a detailed definition of replacement cost, see Annex A, footnote 1). For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided under other clauses of para. 6. 12. If the residual of the asset being taken is not economically viable, compensation and other resettlement assistance are provided as if the entire asset had been taken. 13. The alternative assets are provided with adequate tenure arrangements. The cost of alternative residential housing, housing sites, business premises, and agricultural sites to be provided can be set off against all or part of the compensation payable for the corresponding asset lost. 14. Such support could take the form of short-term jobs, subsistence support, salary maintenance or similar arrangements. 15. See OP / BP 4.10, Indigenous Peoples. 16. See OP 4.04, Natural Habitats. 17. As a general principle, this applies if the land taken constitutes less than 20% of the total productive area. 18. Paras. 13-15 do not apply to impacts covered under para. 3(b) of this policy. The eligibility criteria for displaced persons under 3 (b) are covered under the process framework (see paras. 7 and 30). 19. Such claims could be derived from adverse possession, from continued possession of public lands without government action for eviction (that is, with the implicit leave of the government), or from customary and traditional law and usage, and so on. 20. Resettlement assistance may consist of land, other assets, cash, employment, and so on, as appropriate. 21. Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. 22. For projects that are highly risky or contentious, or that involve significant and complex resettlement activities, the borrower should normally engage an advisory panel of independent, internationally recognized resettlement specialists to advice on all aspects of the project relevant to the resettlement activities. The size, role, and frequency of meeting depend on the complexity of the resettlement. If independent technical advisory panels are established under OP 4.01, Environmental Assessment, the resettlement panel may form part of the environmental panel of experts.
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See The World Bank Policy on Disclosure of Information, para. 34, (Washington, D.C.: World Bank, 2002). 24. An exception to this requirement may be made in highly unusual circumstances (such as emergency operations) with the approval of Bank Management (see BP 4.12, para. 8). In such cases, the Management‟s approval stipulates a timetable and budget for developing the resettlement plan. 25. Impacts are considered “minor” if the affected people are not physically displaced and less than 10% of their productive assets are lost. 26. For purpose of this paragraph, the term “subprojects” includes components and subcomponents.

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Table of Contents

CHAPTER 4: GAP BETWEEN WORLD BANK POLICY AND YEMENI LEGISLATION ....................... 3 4.1 4.2 OVERVIEW ................................................................................................................................. 2 MEASURES/ RECOMMENDATIONS ........................................................................................ 5

4.2.1 CALCULATION OF COMPENSATION............................................................................................... 5 4.2.1.1 Loss of land ..................................................................................................................... 6 4.2.1.2 Loss of House/ structure ................................................................................................. 6 4.2.2 LOSS OF INCOME ....................................................................................................................... 6 4.2.3 SQUATTER ................................................................................................................................. 7 4.2.4 TENANTS ................................................................................................................................... 7 4.2.5 LOSS OF COMMUNITY ASSET ...................................................................................................... 7 4.2.6 VULNERABLE GROUP ................................................................................................................. 7 4.2.7 CONSULTATION – GRIEVANCE MECHANISMS ................................................................................ 7 4.3 RECOMMENDATIONS ............................................................................................................... 8

4.3.1 KEY RECOMMENDATIONS ............................................................................................................ 8

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sss) Chapter 4: Gap between World Bank Policy and Yemeni Legislation
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4.1

Overview

Based on previous chapters, the following (Table 4.1) will compare Bank‟s policies addressing involuntary resettlement and land acquisition with relevant Yemeni legislation in order to identify gaps. The Yemeni laws as well as actual practice based on past experiences are examined, and areas where compensation under the Yemeni law needs to be supplemented by additional measures to meet World Bank requirements and proposed measures have been suggested. Table 4.1 Comparison between World Bank Policy and Yemeni Legislation Impact OP 4.12 of Yemeni Laws Yemeni Laws-Practical Category Involuntary implications resettlement Loss of land Land for land Land for land or This issue is crucial since compensation. Fair compensation previous practices (as Replacement cost to in accordance with discussed in FGDs/Field PAF to enable them to law. Compensation visits) purchase land of amount is decided of valuation have been similar unit. by the Estimation substantially below Committee market price due to:  Land for land practice exists very rarely   Lack experience of

Value of equivalent real estate is not followed properly

Loss of house

Transitional and shifting allowance support Entitled to kind compensation or cash compensation at full replacement cost including labour and

No such provision

Transitional and shifting allowance support should be given Compensation It should be clearly amount is decided regulated in laws or byby the estimation laws committee
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Impact Category

OP 4.12 of Yemeni Laws Yemeni Laws-Practical Involuntary implications resettlement relocation expenses, prior to displacement Loss of Source Assistance for Assistance for In general , it is reflected of Income restoring income restoring income in Constitution , Article 56 and Yemeni civil law, however , it should be regulated clearly in laws or in by-laws Compensation It is clearly mentioned in Replacement cost and according to laws and by-laws, other immovable Squatter standard set by however, enforcement of assets except land technical law is weak committees In general , tenant is It must be clarified in laws compensated for or by-laws Rental allowance and any harm / damage Tenants by owner, if not Shifting allowance satisfied ,he can approach to the court Loss of In general , there is It must be clarified in laws protection, or by-laws Community Protection, relocation relocation and Assets and replacement replacement of community assets in Civil Law Affected people who In practice, affected It should be reflected in are physically people who are special resettlement law displaced are to be physically displaced and other related laws or provided with are provided with by-laws residential housing, or residential housing, housing sites, or, as or housing sites, or, required, agricultural as required, sites at least agricultural sites at equivalent to the old least equivalent to site. the old site. Resettlement The affected people clearly should be given assistance allowance for the difference in value between the old and new property. Both RP and ARP should clearly be followed in relevant

Preference is given to It is not land-based mentioned resettlement for displaced persons whose livelihoods are land-based. The resettlement It would be based on is not

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Impact Category

OP 4.12 of Yemeni Laws Involuntary resettlement RPs in case there the mentioned affected people is 200 or more while for less than 200, an ARP would be conducted

Yemeni Laws-Practical implications cases.

Resettlement Assistance

Affected persons are to In general , PAP It must be included in be offered support may approach to special laws or by-laws after displacement , for court, if not satisfied regulating resettlement transition period Particular attention to Not clearly defined be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities. Affected /Displaced persons and their communities are provided timely and relevant information, consulted on resettlement options, and offered opportunities to Recognize the importance of community participation. However, there are no specific procedures and guidelines for participation and consultation.
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Vulnerable Groups

It must clearly defined in laws or by-laws and more attention to be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children etc.

It must be clearly defined in laws or by-laws. Affected person/groups should get access to full information about the resettlement process and options for compensation.

Information & consultation

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Impact Category

OP 4.12 of Yemeni Laws Involuntary resettlement participate in planning, implementing, and monitoring resettlement.

Yemeni Laws-Practical implications Participatory planning and decision making should be applied in resettlement options and compensation it is There is a need for in proper mechanism to and address grievances prior to resettlement.

Appropriate and In general accessible grievance included mechanisms to be Constitution Civil Law. established. Grievances RP should specify grievance procedures available to projectaffected people.

Grievances are resolved by local customary practices. and if not satisfied, he can approach to the court

www) 4.2

Measures/ Recommendations

The following are legal and regulatory gaps between the Yemeni law and Bank Policy and measures to be considered.

4.2.1

Calculation of Compensation

Gap: Both the Yemeni Laws and World Bank OP 4.12 agree on the need for compensation for any affected structure/land affected for the project activities require land. According to Yemeni laws the value of structure or affected land is assessed by Estimation Committee (EC) and fair compensation is decided accordingly. Similarly 4.12 clearly provide methods3 to be used to calculate land and/or structure compensation rates, and requires evidence these rates are consistent with the policy principle of “full replacement value.”

3

With regard to land and structures, "replacement cost" is defined as follows: For agricultural land, it is the pre-project or predisplacement, whichever is higher, 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. For land in urban areas, it is 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. For houses and other structures, it is the market cost of the materials to build a replacement 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. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Such additional assistance is distinct from resettlement measures to be provided under other clauses in OP 4.12, para. 6.

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However, the previous experiences (as discussed in FGDs/Field visits) suggest that valuation has been substantially below the market full replacement value. This implementation problem emanated mainly from: (i) land for land practice exists very rarely (ii) lack of experiences (iii) value of equivalent real estate is not followed properly. Measures: Dialogue with concerned authority on Bank‟s policy in involuntary resettlement with focus on calculation of compensation at full replacement cost of any affected land /structure. Calculation of compensation should be based on: 4.2.1.1 Loss of land - Fair compensation should be based on full replacement cost. Compensation in form of land for land, for those that have been displaced, should be a preferred option. Compensation for other loss and property should be paid as well in line with provisions of this framework Transitional and shifting allowance support should be given along with compensation

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4.2.1.2 Loss of House/ structure If the impacts include physical relocation, the project includes measures to ensure that PAP should be: - provided with residential housing , or housing sites keeping in view at least equivalent to the advantages of older sites; or Entitled to kind compensation or cash compensation at full replacement cost Provided with shifting allowance during relocation

4.2.2

Loss of Income

Gap: In a situation where involuntary resettlement cause a loss of source of income, Yemeni law stipulate that entitlement for compensation for the loss of business is determined by Evaluation Committee by taking into account prevailing market rate and it is also reflected in Constitution , Article 56 and Civil Law . However compensation paid by the committee is usually below market price. The practice of paying /compensating affected income / business is below the net loss as compared to Bank‟s full replacement value principal. Measures: Sensitize and discuss with the concerned authority on how the Bank‟s policy addresses the issue of loss of income/business. Special focus should be given on livelihood restoration in relevant RAP include the following: - Assistance for restoring income Micro-finance support (savings and credit), and other small business development activities Skill development and training to build their capacities on new vocations.

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4.2.3

Squatter

Gap: Article 58 and 59 in the State‟s Real Estates law recognizes the rights of squatters on public domain to receive compensation in the event of involuntary settlement according to the standards set by the Technical Committees (TC). However, it is found that enforcement of law is weak. Measures: - Enforcement of law to ensure that rights of the squatters addressed properly. 4.2.4 Tenants

Gap: In general, owner used to give compensation for any harm or damage to the tenant. If PAP is not satisfied, he may approach to the court to get proper compensation. In general, it is found that tenants are relatively in a weaker position to get proper compensation. Measures: The rights of the tenants must be clarified in laws or by-laws. As per Bank Policy tenant should be entitled for rental allowance and shifting allowance.

4.2.5

Loss of Community Asset

Gap: Both Yemeni legislation and World Bank‟s OP 4.12 agree on the need for protection, relocation and replacement of community assets. However it is not clarified in Yemeni laws or by-laws. Measures: Concerned authority must take care of protection, relocation and replacement of community assets and it must be clarified in laws or by-laws. 4.2.6 Vulnerable Group

Gap: In Yemeni law, it is not clearly defined that how vulnerable should be treated in case of involuntary resettlement. The needs of vulnerable groups should be protected through national land compensation legislation. Measure: Need to give more attention to the vulnerable groups, especially the poor, below poverty line, the landless, the elderly, women and children. They should be consulted meaningfully throughout the project cycle and special assistance/allowance to be given to them to improve their socio-economic condition at pre-project level. 4.2.7 Consultation – Grievance mechanisms

Gap: The Yemeni Constitution, Elections Law and Local Administration Law recognize the importance of communal participation. However there are no specific procedures and guidelines for public consultation. To address the grievances, PAPs can first seek satisfaction through local customary practices for resolving conflict. If this does not result in resolution of issues, PAPs can litigate legal proceedings in accordance with provincial national law. However, there is need for proper and practical mechanism to address grievances of PAPs.

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Measure: Gaps between the Yemeni law and World Bank requirements on consultation and grievance mechanism could be addressed by the proposed measures:       Proper mechanism to address grievances prior to resettlement The compensation amount should be given prior to start of the project Affected person/groups should get access to full information about the resettlement process and options for compensation. Participatory planning and decision making should be applied in resettlement options and compensation meaningful information and consultation throughout the project cycle specific grievance registration and processing mechanism to be put in place.

4.3

Recommendations

On the basis of results obtained from the preceding analysis, the remaining section of this paper will advance key recommendations to be included in the policy dialogue with the concerned authorities.

4.3.1

Key recommendations

 Avoid and minimize negative social impacts  PAPs should be informed, consulted and participate in planning, implementation and monitoring resettlement  Spell out clearly a cut-off date to avoid subsequent problems  Undertake socio-economic study and particular attention to be given to vulnerable groups  Establish and operationalize fair , quick and transparent grievance redressal mechanism  For poor households and vulnerable PAPs , compensation should be linked with special allowances / assistance to improve their socio-economic conditions at pre-project level  Fair compensation to all PAPs before the start of the project

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