TRAINING MATERIALS FOR LAND ACQUISITION AND RESETTLEMENT PLAN PREPARATION AYSE KUDAT

TRAINING MATERIALS FOR LAND ACQUISITION AND

RESETTLEMENT PLAN PREPARATION

AYSE KUDATSOCIAL ASSESSMENTPRESENTED TO G.W.

UNIVERSITY 2003

A resettlement action plan (RAP) is a document

specifying procedures thatthe responsible agency will

follow and the actions itwill take to properly

resettle and/or compensateaffected people and

communities

not an easytask---even forprojects with

modestsocial impacts

Landlessness Joblessness Homelessness Marginalization Food security and loss of income Illness/Mortality Loss of Common Property Resources Social Disruption

WHY do we need it? To Reduce Risks Associated with Resettlement in a deliberate, planned and consultativemanner

RELATED WORLD BANK POLICY OP 4.12: RESETTLEMENT ACTION PLAN

Resettlement POLICIES apply to the projectswhere people involuntarily lose their

lands, homes or other IMMOVABLE assets.

RAP is NOT merely an annex to a project document!!!

It’s a formal document which regulates the actions to be taken to in balancing the income and lives of the adversely impacted communities.

RAP is a must for the financial institutions investing in projects. It is also a must for central and local governments supporting them. Private companies also prepare RAPs whether or not they seek IFI support. If actions promised in a RAP are not implemented, financial institutions may cancel lending. Other actors would also take remedial action.

Rap is not a joke!!!!!!!

THE TERM “RESETTLEMENT” MAY BE MISLEADING. MITIGATING THE ECONOMIC

DISPLACEMENT IS AS IMPORTANT AS ENSURING THE PHYSICAL RESETTLEMENT OF

AFFECTED POPULATIONS

Physical impacts arise when the project causes demolishment of homes or workplaces

Economic impacts arise when land acquisition and/or other types of restricted access to productive resources reduce incomes

Private sector institutions pay a special attention to RAP as part of their CSR and long-term business success in a project area.• BTC• Ilusu dam• Tangguh LNG

Pressure on the Private Sector to Improve itsRAP performance has increased

Restitution

of lost Incomeis the most

Important factor in a

Resettlement ActionPlan

In an Oil Pipeline Project careful planning can avoid physical resettlement; but economic impacts of land acquisition cannot

be escaped

• Pipeline length : 1,070 km• Affected number of cities : 10• Affected number of villages : 298• Affected parcels : 10,066 * • Expropriated land area : 2,996 ha• Forest land : 270 ha

BTC / Turkey snapshot

8 m corridor28 m corridor

Size of affected plotTotal household land ownership0

20000

40000

60000

80000

100000

120000

140000

160000

180000

aver

age

size

of

lan

d (

sq. m

.)

Province

Household Land Ownership and Affected Land

Households affected by BTC in Turkey lose a small portion of their land

BTC / Turkey --few households lose more than half of their land holdings

Source: RAP, Survey Data, 2002.

Source: RAP Survey, 2002

Source: RAP Survey, 2002

1.00.90

.80.70

.60.50

.40.30

.20.10

0.00

140

120

100

80

60

40

20

0

Std. Dev = .15

Mean = .17

N = 666.00

# of

Aff

ecte

d P

lots

% of Plot Affected by 28 meter Corridor

In Georgia joint construction of oil and gas pipelines cause greater economic dislocation:• Average land size holding is very low (0.2 - 0.3 ha)• Average compensation is $2,000• Average annual household income is lower than $1500

Ad

ige

ni

Akh

altsikh

e

Bo

rjom

i

Ga

rda

ba

ni*

Te

tritskaro

Tsa

lka

Land size within 44 meters corridor

Land that is directly impacted from the project

Total Land size

0

100

200

300

400

500

600

Plo

t si

ze (

ha

)

Cities

Private Plots (ha)

Source: GIS Survey, BTC Georgia, 2002.

Many households in the Georgia portion of BTC lose all or majority of their lands…

Land size within 32 meters corridor

0.00 25.00 50.00 75.00 100.00

# of Affected Plot by 44 meter Corridor

0

25

50

75

# o

f A

ffec

ted

Plo

ts

In Gardabani city, Georgia 51% of the households lost at least half of their total land holdings.



25.00 50.00 75.00 100.00

var00001

0

100

200

300

Co

un

t

BTC PROJECT IMPACTS OF 44m. CORRIDOR RELATIVE TOTHE TOTAL SIZE OF AFFECTED PLOTS

# of

Aff

ecte

d Pl

ots

% of Plot Affected By 44 meter Corridor

In Georgia overall 27% of the households lost at least half of their total land holdings.

In Indonesia, most of the population work in agriculture and fisheries. Due to economic and physical dislocation, affected population will lose their agricultural income. They will lose

fisheries income due to the Project imposed use restrictions. If BP did not provided employment, these communities would have

suffered.

THE THE ILISU DAM ILISU DAM THE THE ILISU DAM ILISU DAM

Dam type : Zoned rockfill with

clay core

Dam height above foundation : 135 m

Reservoir area : 313 km2

Active dam reservoir volume : 7.5 x 109 m3

Installed capacity : 1200 MW

Power : 3833 GWh/yr

Dam type : Zoned rockfill with

clay core

Dam height above foundation : 135 m

Reservoir area : 313 km2

Active dam reservoir volume : 7.5 x 109 m3

Installed capacity : 1200 MW

Power : 3833 GWh/yr

The area that will be impacted by the Ilisu Dam is vast. The area that will be impacted by the Ilisu Dam is vast.

Large number of settlements are affected by the dam

Partially affected Fully affected

104 79

57 VillageVillage

47 HamletHamlet

2929VillageVillage

4949HamletHamlet

11TownTown

HasankeyfHasankeyf

A total of 183 settlements impacted

Inhabited 37

Vacant20

Inhabited 16

Inhabited 18

Inhabited 26

Vacant21

Vacant13

Vacant31

HOUSEHOLD LAND OWNERSHIP, CULTIVATED AREA, AND FAMILY HOLDINGS

0

500

1000

1500

2000

2500

3000

PERCENT OF POPULATION

DEC

AR

ES

FAMILY HOLDING LAND

TITLED LAND

CULTIVATED LAND

HOUSEHOLD LAND OWNERSHIP, CULTIVATED AREA, AND FAMILY HOLDINGS

0

500

1000

1500

2000

2500

3000

PERCENT OF POPULATION

DEC

AR

ES

FAMILY HOLDING LAND

TITLED LAND

CULTIVATED LAND

Land is owned by a few as many families work as tenant farmersLand is owned by a few as many families work as tenant farmers

Many resettlement projects leave people unemployed

For example around the Ilısu Dam 40% of the households are agricultural wage earners. They would

have lost their jobs if the dam was built

BTC-Turkey affects different types of land: RAP must cover them all

Type of affected land: Case of BTC/Turkey

Private Owners Public Owners

Registered Not RegisteredLocal Authority

State Authority

Private User

Tenant FarmersUsers of common property Resources

Squatters on Public & Private Lands


Grazing Lands

Othercommon areas

Treasury Lands

Forest Lands

Pastures


Title deed registered

Title deed and land registration system not available

Local AuthorityState Authority

Private User

Tenant Farmers

Users of common property Resources



Grazing Lands

Other common areas Treasury

LandsForestLands

Pastures

Public Owners

Local Authority State Authority

Water resources

Irrigation network

Riverbanks

Village common lands

Village specific network

Inter village networks

Lakes and other fresh water resources

2B

Under use by private persons

Demarcated for the useof individual households

Forest lands collectively used

Vacant treasury lands

Lands used by squatters


Private Owners



Clean deed with joint owners

Clean deed with one owner

Some owners in the community

All owners in the community

Deed in the name of a deceased person

Joint rights are not demarcated

Joint rights are demarcated

All heirs in the community

Some heirs in the community

Land used for 20 continuous years

Users outside the community have claims

All users of land are in the community

Land used for less than 20 years (displaced populations)

Owners of land in displaced communities

Private Land Users: BTC/Turkey

Private Users

Tenant Farmers Users of common property Resources


With formal arrangement

Informal tenant arrangement

Tenant with infrastructure investment on land

Squatters on Public lands

Squatters on private lands

Mitigation to reduce resettlement risks vary

Compensation of Land – Provide similar cultivatable land to people who lose all their land

Land-for-land

This strategy is a must for certain communities in Georgia

Many RAPs give importance to training activities in developing new livelihoods for the affected groups. In

Georgia and Azerbaijan portion of BTC providing agricultural technical assistance is a crucial activity. But

not in Turkey

Education and training in rural areas can be difficult.

Providing jobs to restore income from lost assets

Providing housing to the homeless

BP-Tangguh RAP

Many RAPs include actions to increase agricultural yields through training and machinery

Food security and agricultural income support

Pipeline projects such as BTC often help increase the agricultural and livestock yields outside the RAP

frameworks.

Compensation for loss of public resources

In many projects the loss of forests or pastures are compensated by providing alternative livelihood development

projects. For instance Chad-Cameroon pipeline uses this alternative.

BTC Turkey,• Provided funds for forest development• In addition part of the compensation was given to Ministry of

Forestry, which in turn had to spend 1/3 of the funds in forestry development

Therefore in BTC, a RAP FUND is created

Unknown/unanticipated impacts mayemerge in the course of implementation

RAP is designed to provide answers to a range of displacement issues and risks

associated with adverse impactscaused by development projects

RAP Main Features

Policy/Legal framework for displacement

Determining Characteristics of Affected populations

Detailed Budget

Implementation timetable

Description of Institutional responsibilities

A framework for public consultation/participatory

Provisions for redress of grievances

Framework for Monitoring / Evaluation

Identification of project impacts

Description of Compensation plan, resettlement assistance and restoration of livelihoods

Farmers unwilling to give up their landHistorical land acquisition performance in Turkey extremely poorLand is short in mountain villages where BTC pipeline passes throughMany different types of land are affectedNot all landowners can be reached. For instance, Absentee ownership creates excessive problems for agencies acquiring landConsultation/negotiation arrangements are difficult with several categories of landownersConflict of interest pressures land acquisition agency to use force major

Issue identification: BTC/Turkey

Inadequate legal framework –a frequent phenomena (e.g., BTC/Georgia expropriation law)Inconsistent legal framework –not surprising eitherIncongruity of traditional and formal legal frameworkUnacceptable local laws to serve as the basis of internationally acceptable RAPs

Legal Framework

Typology of Affected Lands and the Discrepancybetween local and international entitlement policies

Users of Grazing Lands

userscommon areas

Users of Treasury Lands

Users of Forest Lands

User ofPastures




Local Authority State Authority

Private User

Tenant Farmers

Users of common property Resources


Gaps between the local laws and international policies of entitlements

RAP Main Features



Detailed Budget








Accurate census information is crucial

Identification of property owners Initiation of required

administrative procedures Preparation of socio-economic

research Establishment of monitoring and

evaluation system

Private Lands

Kahramanmaraş Province

Andırın District

Geben VillageIPT1 Area

IPT1 Camp Site

Examples of permanent and transitionary impacts

Most of the affected parcels are parcels created by cadastre

Newly created parcels (rivers, roads, cadastral roads, etc)

İller Toplam

Köy Sayısı

Toplam KöyNüfusu2000

ToplamKöy Nüfusu

İllerdeki KentAlanı

ToplamKentNüfusu 2000

Toplam KentNüfusu1997

Etkilenen Yerleşim Yerleri

DolaysızEtkilenen Nüfus 2000

DolaysızetkilenenNüfus1997

Ardahan 243 94,031 98,534 6 39,725 34,779 28 30,554 29,386 Kars 385 182,871 182,495 8 142,145 138,546 24 13,226 12,444 Erzurum 1,052 376,838 374,390 19 560,551 515,704 66 56,009 61,315 Erzincan 560 144,635 123,287 9 172,206 156,548 37 35,628 29,738 Gümüşhane 336 109,383 93,125 6 77,570 64,672 5 1,068 1,070

Sivas 1,267 333,287 317,177 17 421,804 390,468 46 22,634 22,190 Kayseri 486 328,078 299,021 17 732,354 679,906 29 12,472 13,683 K.Maraş 529 466,377 469,265 10 536,007 555,976 32 63,107 61,736

O smaniye 170 146,788 144,212 7 311,994 297,335 13 10,089 9,884 Adana 547 451,625 418,515 14 1,397,853 1,270,640 13 16,036 13,992

TOTAL 5,575 2,633,913 2,520,021 113 4,392,209 4,104,574 293 260,823 255,438

Source: BTC, and State Institute of Statistics 2002

BTC / Turkey affected population

BTC / Turkey: Identification of impacts

Resettlement has to identify all population that have the possibility of loosing their property, income and wealth due to the project.

Identification steps can include:

Thematic maps showing the land quality, flora/fauna and infrastructure.

Census

Inventory of affected immovables

Socio-economic survey

Main features of the compensation

Consultative and participatory planning

0

100

200

300

400

Are

a (

Ha

)

AD

AN

A

AR

DA

HA

N

ER

ZIN

CA

N

ER

ZU

RU

M

GU

MU

SH

AN

E

K.M

AR

AS

KA

RS

KA

YS

ER

I

OS

MA

NIY

E

SIV

AS

8m.

28m.

Affected private parcels - 8m ve 28m corridor

% Of Affected Districts In Ardahan District

33%

67%

DAMAL

HANAK

MERKEZ

POSOF

Not AffectedDistricts

% Of Affected Districts In K.Maras District

20%

80%

ANDIRIN

GÖKSUN


% Of Affected Districts In Erzurum District

58%

42%

ASKALE

AŞKALE

HORASAN

ILICA

KÖPRÜKÖY

MERKEZ

PASİNLER

ŞENKAYA


Pipeline goes through limited number of towns in the affected cities and that limits the adverse impacts of the BTC/Turkey at the city level

Lessons learned from the socio-economic survey about

the affected population of BTC / Turkey Project

How do socio-economic surveys help prepare RAP?

Estimate the severity of adverse impacts

Calculate the losses and the compensation at community level

Inform the community

Document the needs of the community systematically and transparently.

Analyze/profile the affected community and determine the risk factors.

Analyze the pre-Project income and living standards

Ratio of yearly income loss over total income due to the project

Ratio of agricultural income over yearly income loss

Adana 0.23 1.03

Osmaniye 0.41 1.36

Kars 0.18 0.61

Ardahan 0.52 1.18

Kahramanmaraş 0.27 1.33

Kayseri 0.20 0.72

Erzurum 1.14 2.37

Erzincan 0.33 0.81

Gümüşhane 0.20 0.57

Sivas 0.27 0.58

Total 0.47 1.17

BTC / Turkey has determined the RAP problems and solutions through surveys

The impact of the BTC/Turkey project on income and wealth is modest

Results of the socio-economic survey

The amount of land that will be used permanently and temporarily is small when compared to the total property ownership of the affected population

The amount of the agricultural income loss is also small when compared to total income

8 m corridor28 m corridor

Size of affected plotTotal household land ownership0

20000

40000

60000

80000

100000

120000

140000

160000

180000

aver

age

size

of

lan

d (

sq. m

.)

Province

Household Land Ownership and Affected Land

Only a small portion of the total land ownership will be expropriated by the project

Current use of the affected plot by landowners

0%10%20%30%40%50%60%70%80%90%

100%

Province

Pe

rce

nt

of

ho

us

eh

old

s

Self cultivate

Rent orsharecrop

Not undercultivation

Most of the plot owners self cultivate

Plots cultivated by tenants do not exceed 1/5 of all plots

Exclusionary practices are thus unlikely

0

10

20

30

40

50

60

70

80

90

100

Nobody leases land Harvest is sharedequally between

owner andsharecropper

Sharecroppers payfixed fee per decare

per

cen

t o

f h

ou

seh

old

s

Different forms of tenant arrangements exist

0

10

20

30

40

50

60

70

80

90

100

Other leasearrangements

50/50 harvestsharing

Sharecroppers payfixed fee per acre

pe

rce

nt

of s

har

ec

rop

per

ho

us

eh

old

s

…but in most cases land is rented for cash

Formal title

No formal title

Customary ownership

Do not have title for other reasons*

Most of the property owners have titles

…but still a lot remaining without the titles

*Other reasons include forgetting, lack of cadastre work, and ongoing paperwork

Ad

an

a

Ard

ah

an

Erzin

can

Erzu

rum

Gü

mü

sha

ne

K.M

ara

s

Ka

rs

Ka

yseri

Osm

an

iye

Siva

s0

2

4

6

8

10

12

Pe

rce

nta

ge

of

Pe

op

le

Percentage of Project Affected Population

% of Deeded Ownership

% of Customary Ownership(zillet)

In Sıvas, Erzurum and Erzincanmost of the plots have titles

But not everybody has the title registration

There are complaints about the mistakes in the titles and the other complaints are;

•Some claim that land consolidation was done incorrectly

•Some have not registered their inheritance

•Problems land registration records complicate expropriation procedures

Average Number of Plot Owners

012345678

Provinces

nu

mb

er o

f ow

ner

s

Average number of owners accordingto deed

Average number of owners accordingto respondent

Property owners lack information of the others who are also registered to their property titles.

POSOF(ARDAHAN-TURKEY)

POSOF(ARDAHAN-TURKEY)

TOTAL 618 PARCELS AFFECTED BY BTC PROJECT

REGISTERED 53 PARCELS

UNREGISTERED 565 PARCELS (CUSTOMARY

OWNERSHIP)

SI NGLE OWNER (383 PARCELS)

2 OWNERS (82 PARCELS)

3 OWNERS (33 PARCELS)

4+ OWNERS (67 PARCELS)

ONLY 1 WOMAN AMONG OWNERS

ONLY 2 WOMEN AMONG OWNERS

SI NGLE OWNER(20 PARCELS)

2+ OWNERS (24PARCELS)

FOREST PARCELS(4 PARCELS)

PASTURE PARCELS(3 PARCELS)

Woman are worse of in

cases where the owners

have customary title of the land

Female Ownership of Affected Plots by province

0

10

20

30

40

50

60

70

80

90

100

Provinces

per

cen

t of p

lots

with

at l

ease

on

e fe

mal

e o

wn

er

GIS inputs show that in Ardahan only 10% of the affected plots has female property owners where as in Osmaniye 70% of the affected plots has at least one female owner

87 percent customary ownership

0

20

40

60

80

100

120

140

US

D

Province

Estimated annual income from trees on affected plot (USD)

Only a few percent of the affected plots have trees on them but their contribution to income is substantial

Do not derive

income from trees

Derive income

from trees

Communities near the forests

Communities away from the forest

Communities which are directly affected that are living in the forest or near it.

100% benefit from the forest resources

0

10

20

30

40

50

60

Firewoodcollection

Animal grazing Mushrooms andspice for self-consumption

Working forwages

perc

ent

of h

ouse

hold

s cl

ose

to a

for

est

Affected

Not affected

Negative effects of the pipeline has been observed.

Community resource loss

Absentee land owners

It is not easy to locate these owners although the new law requires it.

POPULATION LIVING OUTSIDE THE VILLAGE CAUSE PROBLEMS

o BOTAS’s new report shows the number of property owners living outside the village as 4,600+

o Still there will be a lot of unidentified people remaining.

20% of the property owners outside of the village do not want to be represented by others

37% do not have relatives living in the village

RAP Main Features



Detailed Budget








Route Selection, Site Investigation and Land Acquisition

Identification of the land owners along the route considering 500 m. corridor (22m. Cor. -250m. + 250m.)

Identification of the route axis of 28m. and connection of IP points to national GPS Network

Preparation of the construction corridor to maps and expropriation maps

Cadastral Survey and Title Deed Registers

Definition of specified corridor (100m.) through environmental and social consideration

Further narrowing the corridor to 28m.

Registering to the public owned areas on behalf of the treasury and transferring the treasury registrations to Botas

Application for expropriation of forest areas and pastures

Surveying assets (Tree, Building, Wall, Well etc.) Along the construction corridor

Obtaining the list of the owners of the areas which will be expropriated

Announcing the expropriation and securing provisional rights to permanent land

Starting the compensation process

Valuation of the land

Process of Private Land AcquisitionTurkish Case

All assets on plots identified and inventory prepared

Valuation commission established, each plot is visited, all agencies contacted as specified by the Law to provide information relevant for land valuation

Land owners contacted to attend negotiations

Agreement on land transition reached

Addresses of all owners for each plot obtained

Land owner certifies disagreement

Land owners non-responsive

Negotiation commission established

No agreement possible

Road to acquisition open

Land owners attend negotiations

All Steps for plot and ownership identification completed

Land owner refuses to certify disagreement

New letter sent to owner

Court

Steps involved in Disputed Land Acquisition

Establish commission at the county level

Show actual land to the valuation commission

Establish and document land value in accordance with Law

Go to court

Send documents to the defendant (landowner)

First Court Date Settlement arrived

Inspectors visit land

Commission prepares report

Second court date

Second commission valuation

Opposition from administration

Third court date

2nd commission report

Court Decision

Court Process

Inform Directorate of Land Announce decision in local paper

Wait for opposition to decision

Opposition to decision

Resolve in 180 days

No opposition to decision

Deposit money for landand transfer deed

Steps in Land Acquisition When Deed is in the Name of a Deceased Person

Confirmation through communities that the owner is deceased

Gendarmerie confirmation of heirs addresses

Contacting heirs asking them to register their inheritance

In case of failure seek Court authorization for inheritance determination

Obtaining necessary documentation from registration office and village elderly committee

Submitting to the court necessary documentation

Court issues legal inheritance documentation recognizing the claims of heirs

Court date set and heirs are called to court

Land acquisition proceeds according to applicable law (see Chart on “Time Necessary for Acquisition – Public Acquisition Law No 2942 (D. 4650)”)

Land acquired

Requesting birth registration documents to identify heirs

Informal investigation of heirs’ addresses

If addresses cannot be found, public notices are sent out

If there is success, invitations are sent for negotiations

Estimated Process completion minimum 9 months

Land Acquisition with joint owners of Registered land

Commission evaluates land / assets and determines a value

A formal letter is sent to each owner, inviting them for negotiation

Negotiations held

Specific shares of individuals are known Specific shares of individuals are not known

Land deed available but jointly owned

No agreement Agreement

Some owners agreeAll owners disagree Determination of shares and representative(s) by court, according to civil law

Court

Share of agreeable owner meets the needs

Share of disagreeing owner is needed

Road to acquisition of land open

Time Necessary for Acquisition – Public Acquisition Law No 2942 (D. 4650)

Process Involved in Non-negotiated Cases

Court

1st Court Session

Invitation for negotiation30 days

1st Inspection by the Court Appointed Valuation Commission

10 days

2nd Court Session

30 days

Valuation Report15 days

2nd Inspection by the Court Appointed Valuation Commission

15 days

3rd Court Session

15 days15 days

Appeals to the decision of this session can be made only to the High Court (Yargitay)

Value of Land Deposited in the Bank

10 daysCourt Decision

Road to Land Acquired Open

15 daysIf necessary, additional time for

bank deposit15 daysDeed transfer made

Estimated Process Completion Minimum 150 days

Owners certifies disagreement Owners does not certifies disagreement

Authority Informs Owner of Decision in by writing

Authority Prepares Files

Disagrees Agreement

Agreement

Disagrees

Valuation Report

15 days

RAP Main Features



Detailed Budget








A relatively large percent of owners-users are informed of the Project but few have specific information on the size of the land affected and of the legal framework that provides protection to them.

Few people are informed!!

In fact, as late as May 2002, over 95 percent of the people did not know that the expropriation law had been changed.

A substantial proportion of the affected communities are forest communities and residents are concerned of adverse impacts

Documents

TRAINING MATERIALS FOR LAND ACQUISITION AND RESETTLEMENT PLAN PREPARATION AYSE KUDAT