Port Cities Development Program - World Bank · SUBMITTED TO: PORT CITIES DEVELOPMENT PROGRAM Port Cities Development Program (PCDP II) RESETTLEMENT POLICY FRAMEWORK (RPF) Final February

SUBMITTED TO: PORT CITIES DEVELOPMENT PROGRAM

Port Cities Development Program(PCDP II)

RESETTLEMENT POLICYFRAMEWORK (RPF)

Final

February 2010

12 El Saleh Ayoub St., Zamalek,Cairo, Egypt 11211Tel: + 20 2 27359078 – 2736 4818Fax: + 20 2 2736 5397

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Resettlement Policy Framework (RPF) PCDP II

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TABLE OF CONTENTS

TABLE OF CONTENTS ..........................................................................................................1

ABBREVIATIONS AND ACRONYMS...................................................................................5

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

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

STRUCTURE OF THIS RPF .................................................................................................18

CHAPTER ONE: INTRODUCTION AND PROJECT INFORMATION ...........................191.1 Purpose, Composition and Scope of the Resettlement Policy Framework (RPF) ..191.1.1 Key Elements that the RPF should include ......................................................191.1.2 Scope of the RPF ............................................................................................20

1.2 The Second Port Cities Development Program (PCDP II) ....................................211.2.1 Background ....................................................................................................211.2.2 PCDP II Objectives.........................................................................................221.2.3 Summary of the Current Situation ...................................................................231.2.4 Proposed Sub-projects Under the PCDP II ......................................................241.2.5 Potential Environmental and Social Impacts....................................................25

1.3 PCDP II Components and Involuntary Resettlement ............................................301.3.1 Mitigating the Negative Impacts on Local Groups Livelihoods .......................32

CHAPTER TWO: YEMENI LEGAL AND INSTITUTIONAL FRAMEWORK................342.1 Main National Legislations that Regulate Land Declaration.................................342.2 Land Ownership within the Yemeni Legislations Framework ..............................352.2.1 Privately- Owned Land ...................................................................................352.2.2 State-Owned or Government Land ..................................................................362.2.3 Communal Land .............................................................................................372.2.4 Endowment/ Waqf Land .................................................................................392.2.5 Agriculture Land.............................................................................................392.2.6 Land for Neighborhood Rights........................................................................40

2.3 Laws Governing Squatters ...................................................................................402.4 Land Acquisition: Key Issues and Procedures......................................................412.5 Institutional Arrangements...................................................................................422.5.1 General Authority for Land Survey and Urban Planning (GALSUP)...............422.5.2 The Ministry of Public Works and Highways (MoPWH) ................................432.5.3 The Ministry of Finance (MoF).......................................................................432.5.4 Local Councils ................................................................................................432.5.5 Additional Mechanisms ..................................................................................44

2.6 Main Challenges Related to Land Ownership and Institutional Capacities............45

CHAPTER THREE: WORLD BANK SAFEGUARD POLICIES ON INVOLUNTARYRESETTLEMENT (OP 4.12) .................................................................................................47

3.1 Policy Principles and Objectives ..........................................................................473.2 Resettlement Instruments .....................................................................................48


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3.3 Key Definitions Taken from OP 4.12...................................................................493.3.1 Project Affected Persons (PAPs) .....................................................................493.3.2 Vulnerable Groups..........................................................................................503.3.3 Eligibility Criteria ...........................................................................................513.3.4 Compensation and Methods for Assets Valuation............................................52

3.3.4.1 Assets Valuation ....................................................................................523.3.4.2 Asset Valuation Method .........................................................................533.3.4.3 Compensation ........................................................................................53

3.4 Introduction to RAP/ARP ....................................................................................553.4.1 RAP/ARP and the Project Cycle .....................................................................56

3.4.1.1 PRA/ARP during Project Identification ..................................................563.4.1.2 RAP/ARP during Project Appraisal ........................................................573.4.1.3 RAP/ARP during Project Implementation ..............................................583.4.1.4 RAP/ARP during Monitoring and Evaluation (M&E).............................59

3.5 Sources of Funding for the RPF/ARP ..................................................................623.6 Institutional Responsibilities under the RAP/ARP................................................633.6.1 The World Bank .............................................................................................633.6.2 The National Coordination Unit (NCU) ..........................................................633.6.3 Local Authorities (Local Councils) .................................................................643.6.4 Non Governmental Organizations (NGOs)......................................................643.6.5 External Consultant (s)....................................................................................65

CHAPTER FOUR: GAPS BETWEEN YEMENI LEGISLATION AND THE WORLDBANK OP 4.12 ........................................................................................................................66

4.1 Discrepancies between Yemeni Laws and OP 4.12 ..............................................664.1.1 Calculation and Timing of Compensation .......................................................664.1.2 Definition of Affected Persons (PAPs) ............................................................664.1.3 Public Participation, Consultation ...................................................................664.1.4 Grievance Mechanisms ...................................................................................674.1.5 Vulnerable Groups..........................................................................................674.1.6 Resettlement Assistance..................................................................................684.1.7 Rights of Squatters..........................................................................................68

4.2 Capacity Building Needs .....................................................................................68

REFERENCES........................................................................................................................72

Annexes

ANNEX 1 : TYPES OF ACQUISITION AND THE REGULATING ARTICLES OF LAW 1 OF1995 ON PUBLIC EMINENT DOMAIN LAW................................................................................... 73

ANNEX 2: ENTITLEMENT MATRIX FOR AFFECTED PERSONS ...............................77

List of TablesTable 1.1: The Main Positive Environmental and Social Impacts Predicted from thePCDP IITable 1.2: Potential Negative Impacts and the Mitigation Measures of the MunicipalMarket Rehabilitation in Aden


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Table 1.3: Potential Negative Impacts and the Mitigation Measures of RIHFP, HodeidahTable 1.4: Potential Negative Impacts and the Mitigation Measures of MIAIP, MukallaTable 1.5: Potential Negative Impacts and the Mitigation Measures of TJIP, MukallaTable 1.6: Summary of the Potentially Affected Group in MukallaTable 3.1: Type of Losses Covered by OP 4.12Table 3.2: Criteria for Eligibility (OP 4.12)Table 3.3: Replacement Cost for Tangible Assets

List of Figures

Figure 2.1: The Categorization of the Main Types of Land under Yemeni LawFigure 2.2: Types of Land Acquisition Procedures and the Regulating LawsFigure 3.1: Main Approaches for the Grievance RedressFigure 3.2: RAP/ARP along the Project CycleFigure 4.1: PAPs Consultation and Participation in the RAP/ARP along the Project Cycle

List of Boxes

Box 3.1: Design Criteria for RAPBox 3.2: Minimum Elements to be included in ARPBox 3.3: The Socio-economic Survey ObjectivesBox 3.4: Guidelines for the Monitoring Indicators


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ABBREVIATION AND ACRONYMS

ARP Abbreviated Resettlement Plan

CAS Country Assistance Strategy

DPPR Socio-Economic Development Plan for Poverty Reduction

EC Estimation Committee

ESMP Environmental and Social Management Plan

GALSUP General Authority for Land Survey and Urban Planning

GOY Government of Yemen

HFP Hodeidah Fishing Port

IR Involuntary Resettlement

LRC Local Resettlement Committee

M&E Monitoring and Evaluation

MIA Mukalla International Airport

MIAIP Mukalla International Airport Improvement Project

MoF The Ministry of Finance

MoPWH The Ministry of Public Works and Highways

NCU National Coordination Unit

NGOs Non Governmental Organizations

OP Operation Policy

OPWR Office of Public Works and Roads

PAD Project Appraisal Document

PAP Project Affected Person

PCDP II The Second Port Cities Development Program

PRA Participatory Rapid Appraisals

RAP Resettlement Action Plan

RIHFP The Rehabilitation and Improvement of Hodeidah Fishing Port

Project

TJIP Traffic Junctions Improvement Project

WTP Willingness to Pay


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GLOSSARY

AbbreviatedResettlement Plan

Establish a baseline through the census of PAPs which willcomprise socio-economic data, the inventory of assets lost, and thecompensation and resettlement benefits awarded to the PAPs.

Affected Persons All persons who, as result of work carried out or to be carried outunder the project, would incur involuntary loss, temporarily orpermanently, of land, shelter, productive assets or access toproductive assets, or of income or means of livelihood and, as aconsequence, would have their living standards or productionlevels adversely affected.

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

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

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

InvoluntaryResettlement (IR)

The unavoidable displacement of people and/or impact on theirlivelihood, assets and common property resulting fromdevelopment projects that create the need for rebuilding theirlivelihood, sources of income and asset bases.

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

Monitoring The process of repeated observations and measurements ofenvironmental and social quality parameters to assess and enablechanges over a period of time.

Project AffectedPersons

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


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PublicInvolvement

The dialogue encompassing consultation and communicationbetween a project proponent and the public. It includesdissemination, solicitation and presentation of information.

Rehabilitation/Resettlement

A term often used to describe the process of reestablishinglifestyles and livelihoods following resettlement. The term is alsoused to describe construction works that bring a deterioratedstructure back to its original conditions.

ResettlementAction Plan(RAP)

A time-bound action plan with a budget, setting out resettlementstrategy, objectives, options, entitlements, actions, approvals,responsibilities, monitoring and evaluation.

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

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

VulnerableGroups

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


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EXECUTIVE SUMMARY

Background on Resettlement Policy Framework

It is a widely accepted fact that if left unmitigated, involuntary resettlement (IR) as aresult of development projects may produce various risks. A Resettlement PolicyFramework (RPF) is prepared in accordance with WB OP 4.12 and the Yemeni lawspertaining to resettlement when the extent and location of resettlement cannot be knownat the appraisal phase. RPF should be employed should the issue of resettlement arise.RPF purpose is to "establish resettlement objectives, principles, organizationalarrangements, overall design of the resettlement program, and funding mechanisms forany resettlement operation that may be necessary during the project preparation andimplementation phases". When the exact extent of land acquisition becomes knownduring the implementation phase, site specific Resettlement Action Plans (RAPs) orAbbreviated Resettlement Plans (ARPs) will be prepared, depending on the scale andseverity of impacts. Those could not be prepared during project appraisal because theexact impact of the project different components/activities is difficult to be determined orpredicted. National Coordination Unit (NCU) should submit an RPF that includes somekey elements in consistence with the WB prior to appraisal. The RPF functions asguidelines for the preparation of RAP/ARP in case IR is triggered.

The Second Port Cities Development Program (PCDP II)

(PCDP II) to be financed by the World Bank (WB) in the port cities of Aden, Hodeidahand Mukalla between 2010 and 2015 with the objective to improve conditions of selectinfrastructure that supports the urban economy of the three strategic port cities of Yemen.The following are key highlights on the situation within the three cities:

In Aden: The city has 5 municipal markets that serve the basic staple shopping needs forover 70 percent of the city’s population. Congestion inside the markets makes themunhygienic and undermines major potentials for them as economic centers.

In Hodeidah: Fishing is a major economic component in Hodeidah and the wholecountry. The only fishing port in Hodeidah city generates numerous job opportunities forvarious fishing related activities. However, the port is severely congested, struggling tohandle a demand that is 600 to 700 percent more than the design capacity. This results inlimited productivity of the labor force in the fisheries cluster.

In Mukalla: Mukalla is the gateway to the valley that holds cultural World Heritage sites.Current flights demand has already outstripped the existing capacity of the passengerterminal in Rayyan airport. Passengers experience considerable delays and this isexpected to increase in the future. On the other hand, traffic at major city intersections,linked to arteries that discharge traffic from the airport and the port into the city, arecongested. This is largely because of ill-designed traffic patterns, uncontrolled parking,and the lack of pedestrian crossings


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The different consultation activities with various stakeholders of relevance to PCDP IIactivities showed that the current situation in the three cities, namely Aden markets,Hodeidah fishing port, Rayyan Airport and Mukalla traffic intersection result in severalsocial, economic and environmental complications that the proposed subprojects willaddress. The Proposed Sub-projects under the PCDP II include:

⇒ Designs for and rehabilitation of four markets in Aden⇒ The Rehabilitation and Improvement of Hodeidah Fishing Port project (RIHFP)⇒ Mukalla International Airport Improvement Project (MIAIP)⇒ Fifteen Traffic Junctions Improvement Projects (TJIP)

It is predicted that the implementation of the PCDP II will result in significant positiveoutcomes including the provision of inclusive and sustainable rehabilitation investmentsthat benefit the societies and urban economies of the three port cities through beneficiary-identified needs and community mobilization; basic services to poor groups; transparencyof capital investments; open communication; and the potential for scaling up theseoutcomes. The predicted impacts and mitigation measures for the potential negativeimpacts have been carefully studies through Environmental and Social ImpactsAssessments (ESIAs) that has been prepared, shared and reviewed by variousstakeholders including the potential beneficiaries and disadvantaged groups.

PCDP II Components and Involuntary Resettlement

The initial screening of the potential activities under the PCDP II showed that no physicalloss of assets is predicted to occur under any of the sub-projects. It is, however, predictedthat temporary disturbance for the livelihoods of local community groups might occurduring the construction phase of the sub-projects due to the activities associated withphysical works and need for temporary land acquisition in the three cities. Some longerterm impacts could also be encountered by certain community groups as an indirectconsequence for the project intervention. However, these impacts could not be classifiedas involuntary resettlement. The significance of these impacts is expected to be reducedto a minor or negligible with adherence to the proposed mitigation measures described inthe Environmental and Social Management Plan (ESMP). These potential temporarynegative impacts in the three cities could be summarized in the following:

⇒ Temporary restriction from access to certain parts within the workplace in the fourtargeted Aden markets, in Hodeidah Fishing market and to Mukalla local shops andkiosks located within the traffic intersections. This could be due to machineryoccupation in these parts or due to health and safety measures. This is expected tocause interruption to the original beneficiaries from the site (sellers, fishermen andother port users)

⇒ In Hodeidah, temporary disturbance might also be experienced by those associatedwith existing shops inside the port hall that will be relocated to other places/shops.

⇒ In Mukalla, traffic intersections, preventing on-street parking in certain places, mayresult in a reduction of customer influx for local shops.


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Mitigating the various impacts mentioned is perceived to be manageable through variousmitigation measures in the ESMP that focus mainly on phasing work, engage localcommunities including potential PAPs in the planning for the various activities of theproject and carrying out community surveys and awareness raising activities through theexisting active NGOs in the cities. The mitigation measures involve procedures thatrequire capital investment and this has been considered in the ESMP budget as well ascontractual procedures and conditions. The NCU is proposed to play a major role insupervising the implementation of the mitigation measure.

Main National Legislation that Regulates Land Declaration

Yemeni Legislation includes several provisions that regulate the process of declaring landplots for public interest, the provisions for expropriation and compensation; and thedefinition of rights of owners and use of communal property. The key subjects related toland property and land acquisition in the main pieces of Yemeni legislations that dealwith land related issues are the Yemini Constitution, Civil Law, Law no. 21 of 1995concerning State Land and Real Estate, the Republican Decree 170 of 1996, Waqf Lawno. 23 of 1992, the Republican Decree 99 of 1996, Law no. 21 of 1995 concerning StateLand and Real Estate and Law no. 1 of 1995 concerning the Public Eminent DomainLaw.

Under Yemeni legislation, land could be classified into certain categories as follows:

1. Privately- Owned Land: This covers all land held in private ownership, urban orrural, which is neither Waqf nor Miri. It is subject to Shari’a Law which dictates thatthe direct descendents of the rightful owner will inherit the land upon the death of theowner, and, only in the case that this is not possible may indirect descendents inheritit. Private land property is governed by Articles 20 and 7 Paragraph (c) of theConstitution and Articles 1154 and 1159 of the Civil Law. The practical applicationof private land management issues confronts many challenges, mainly the lack of fullinventory of privately-owned land, growing confusion over communal land and theprivately-owned land and trend toward increasing private appropriation of communalland.

2. State-Owned or Government Land: This is defined as whatever the State or publicbodies actually own, or own in accordance with the law. Such property shall not bedisposed of or confiscated. Individuals shall not be entitled to the ownership of suchproperty as long as it remains public. Any other form of property shall be consideredprivate whether owned by the State or public bodies or owned by an individuals.State-owned land is discussed in Article 18 and 19 of the Constitution and Articles118 - 120 of the Civil Law and Law no. 21 of 1995.

3. Communal Land: This is primarily used for grazing and firewood collection.Customary law entrusts sheikhs with the management of communal land but there is atrend towards increasing private appropriation by traditional natural leaders invillages (sheikhs). Communal land is regulated by the Republican Decree no. 170 of1996 concerning Law no. 21 of 1995 of Lands and Real Estate and Article 2 of theRepublican Decree concerning Law No. 21 of 1995, in addition to Articles 43, 44 and


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46 of Law no. 21 of 1995 and Articles 163 – 165 of the Republican Decree no. 170 of1996. There is lack of clarity in defining communal land and private land. There isalso a trend towards increasing private appropriation of communal land.

4. Endowment/ Waqf Land: This essentially means the arrest (freezing) of assets andthe disbursement of benefits (profits, rents, etc.) in seeking God’s favor. Waqf land isregulated by Article 22 of the Constitution and Waqf Law no. 23 of 1992 and EstatesRepublic Decree no. 99 of 1996.

5. Agriculture Land: This is defined as actual cultivated lands or lands that areprepared for cultivation. The legislations that regulate the management of agricultureland are Article 7 of the Constitution and Articles 527, 756, 1159, 761, 765 and 770of the Civil Law.

6. Land for Neighborhood Rights: An owner must not exercise his rights excessivelyto the extent of causing harm to the property of his neighbor, nor should the neighborblame his neighbor for any unavoidable harm that may suffer as a result of beingneighbors. This is regulated by Articles 1161, 1163 and 1164 of the Civil Law.

7. Laws Governing Squatters: Squatters are those who undertake controlling anyLands or Estates which are owned by the State. Law 21 of 1995 on Land and RealEstate is the most important law that deals with squatters and their rights, particularlyArticles 58 and 59.

Land acquisition is regulated by the Public Eminent Domain Law no. 1 of 1995 whichaims at locating and identifying State Lands and Estates and establishing plans thatidentify such lands, protect and maintain them against any kind of aggression. Accordingto Article 1 of this law, ministries, authorities and general intuitions may carry outacquisitions for the public interest when justified by necessity, in return for faircompensation. Article 2 of the same law states the definition of “Projects of PublicInterest.”

The main institutions responsible for land-related issues are the General Authority forLand Survey and Urban Planning (GALSUP) through the Land Department, PlanningDepartment, Notary Public Department and the Control and Inspection Department. TheMinistry of Public Works and Highways (MoPWH), the Ministry of Finance (MoF) aswell as the Local Councils also play an institutional role in regulating land issues.Moreover, under Articles 18 to 20 of the Law of State Lands Real Estates, the Minister ofJustice establishes a permanent or temporary EC in every governorate, or for eachindividual case that comprises a judge, who takes the role of chairman, an engineer, arepresentative of the expropriating authority, and the owner(s) of the expropriated realestate or their representative. The EC must consider the various pieces of legislationrelated to land acquisition and rights of squatters on public land to receive compensationfor involuntary settlement.

There are several challenges related to land ownership and institutional capacities inYemen that could be summarized in the following:⇒ Land ownership issues are complex in Yemen, and are beyond the scope of a project

to resolve.


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⇒ The practical application of the law confronts many challenges including the growingconfusion over communal land and privately-owned land and the trend of increasingprivate appropriation of communal land.

⇒ There is little public confidence in the Land Registry, mainly in the rural areas.⇒ The overlapping responsibilities and the bureaucratic procedures of the various

concerned institutions lead to delayed responses to the affected persons.⇒ Law enforcement holds many challenges and the judicial system also exhibits some

weaknesses.

The RPF should take the social context into account and adapt it to local conditions. Theestablished local mechanisms in the form of LRCs in certain governorates are specificallytailored to deal with the resettlement problems, particularly for people with no formallegal rights.

World Bank Safeguard Policies on Involuntary Resettlement (OP 4.12)

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

The overall objectives of OP 4.12 avoid IR where feasible by exploring alternatives. Ifunavoidable, resettlement activities should be conceived and executed as sustainabledevelopment programs where displaced persons should be meaningfully considered.Resettlement programs should work to improve the livelihoods of the PAPs.

The policy covers the direct economic and social impacts that result from Bank-assistedprojects and are caused by the involuntary taking of land resulting in relocation or loss ofshelter, loss of or access to productive assets, or loss of sources of income or means oflivelihood, whether or not the affected persons must move to another location; or, theinvoluntary restriction of access to legally designated parks and protected areas resultingin adverse impacts on the livelihoods of the displaced persons. A project triggering OP4.12 involves three main resettlement instruments as follows:

⇒ A Resettlement Policy Framework (RPF), as previously mentioned, is prepared whenthe extent and location of resettlement and/or land acquisition cannot be known atappraisal. RPF provides the guidelines for the steps in preparing RAP/ARP, in case IRis triggered.

⇒ The Resettlement Action Plan (RAP)


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⇒ or the Abbreviated Resettlement Plan (ARP), depending upon the scale of impacts, isprepared when the details of the project are known at appraisal.

OP 4.12 of the WB includes resettlement jargon that the RPF also seeks to clarify. Thefollowing gives an idea about the main jargon and their definitions:

Project Affected Persons (PAPs): Individuals who may be subjected to adverseeconomic, social, or cultural impacts by the WB’s assisted sub-projects. According toOP 4.12 of the WB, these impacts may constitute anything from the loss of physicalassets such as land, farm land, crops, commercial properties, homes, personal belongings,sources of income, and cultural / historical / religious sites, to non-physical assets such associal capital and cultural networks and activities. Adverse impacts also include the lossof access to the physical and non-physical assets and the involuntary restriction of accessto legally designated parks and protected areas. These types of impacts are very unlikelyto affect people and assets under the PCDP II and resettlement actions are very unlikelyto be triggered. The PCDP II may incur the risk of temporary disturbance of economicactivities and the ESMP has presented mitigation measures to adequately deal with thisrisk.Vulnerable Groups: Although not explicitly referred to in the Yemeni legislation; underOP 4.12 there is clear emphasis on the need to give special attention to the rights ofvulnerable groups who are often at higher risk of impoverishment. Vulnerable groupscould include those living below the poverty line, the landless, elderly, women andchildren, indigenous peoples, and ethnic minorities; and, PAPs who may not be protectedthrough national land compensation legislation. Through the various resettlement tools,vulnerable groups are defined and their concerns are explored. Within the context ofPCDP II, the interests of small scale fishermen, informal street sellers and vendors shouldbe seriously considered. The developed ESMP emphasized consulting and engaging withthese groups.Eligibility Criteria: All PAPs who suffer a complete or partial loss of assets or access toassets shall be eligible for some kind of assistance, according to their legal rights to theland, if it can be proven that they occupied the land before the claim cut-off date. TheBank OP 4.12 specifically proposes three general categories for eligibility, namelyIndividuals who have formal legal rights to land, Individuals who do not have formallegal rights to land, but have a claim to such land or assets and Individuals who have norecognizable legal right or claim to the land they are occupying. The two first categoriesshould be compensated at full replacement cost. They should be also provided assistanceduring relocation. They also should benefit from assistance to restore their standards ofliving to replacement level. The third category should be provided with resettlementAssets Valuation: This should be carried out by assessing the market value of the assets.Replacement cost is simply calculated as the cost of replacing the lost assets plus anytransaction costs associated with bringing the asset to pre-displacement value whether itis agriculture land, urban land, houses or other structures. OP 4.12 clearly spells out themethod of assessing the replacement cost of various assets. For intangible loses, likeaccess to employment opportunities or public services, the sub-projects should attempt toestablish access to equivalent resources.


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According to Law no. 21 of 1995, EC should be in charge of estimating the value ofcompensation as previously mentioned. Fair compensation is a constitutional conditionfor lawful expropriation according to article 1166 of the Civil Code No. 19 / 1992.Compensation should be provided to all individuals whose assets or access to assets isseverely affected or damaged, as a consequence of land acquisition or any other activitiesundertaken by the sub-projects. Compensation may come in the form of cashcompensation, in-kind compensation, and/or assistance and varies depending on the typeof loss, severity of the loss, and eligibility of the APs.

All PAPs will be entitled to either monetary compensation at replacement cost, at marketvalue (for tangible assets) or in-kind compensation. The decision as to which type ofcompensation is used should be jointly agreed upon between the NCU and the PAPs andshall be subject to the availability of replaceable assets. Compensation for losses incommunal property shall only be in-kind for the community as a whole.

Preparation of RAP/ARP along the Project Cycle

RAP/ARP should assess the number of PAPs, propose alternative locations for the sub-projects if possible, identify the eligibility criteria, include provisions for compensationand assistance, and address the means by which the project monitoring and evaluationwill take place to ensure that the PAPs receive their compensation and that theirgrievances are heard and addressed. The mitigation measures and compensation policiesproposed in the RAP shall be disclosed to the PAPs for feedback and comments.

Once the project activities under the PCDP II have been identified, they should bescreened to determine whether or not they will necessitate the involuntary resettlement ofpeople within the determined project area. Most likely, no need for IR will arise along thePCDP II cycle, consequently the whole process of RAP/ARP will not be applicable.However, RAP/ARP process is explained in this RPF just to fulfill the function of theRPF as guidelines for the resettlement process.

PRA/ARP during Project Identification

- Project ScreeningThe screening phase involves gathering information about land ownership, structures anduses of the land that would be directly affected. This information shall be verified by aqualified consultant who shall provide written and visualized records and enumerate alleconomic, residential or other ownerships and uses of the land that would be affected,together with an estimate of the numbers of people affected by type of impact. Screeningshould also include conducting introductory meetings with communities including PAPsto disseminate the prepared RPF and inform people about their rights and entitlements.

- The Preparation of the Socio-economic SurveyFollowing the identification of the project component that may necessitate involuntaryresettlement, the next step would be prepare a socio-economic study, in which baselinedata within the project’s target areas is collected. The survey should examine severalissues, among which, the nature of the impacts, the socio-economic and cultural setting,


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local organizations, and social risks, total land holdings, affected assets as well as theindicators that would ensure that, at the least, the project affected people regain theirformer quality of life or preferably are enabled to improve it.

- Preparation of RAP/ARPFor projects that will trigger IR and will require the preparation of the RAP/ARP, theirpreparation should be considered prior to the appraisal phase. The preparation of theRAP/ARP should consider the key design criteria previously presented in Boxes 1 and 2above.

RAP/ARP during Project Appraisal

The prepared RAP/ARP needs to be reviewed by an appraisal committee from the projectteam and other relevant local or central authorities and then sent for final approval by theBank to clear and approve for implementation. The prepared RAP/ARP shall take intoconsideration the communities concerns and worries raised in the process of puttingtogether the socio-economic survey.

RAP/ARP during Project Implementation

1- Prior to the project implementation, PAPs that have been determined to be eligible forcompensation should be compensated in accordance with the approved project’sRAP/ARP.2- A cut-off date should be determined by one month from the disclosure of the censusand contradictory verifications of the census by the PAPs.3- The PAPs will be formally informed through written or verbal notification (in casesome of the PAPs are illiterate) delivered in the presence of at least one public official.4- The PAP will be required to sign a contract detailing the acquired land plots and / orpartially or completely affected structures and the corresponding types of compensation(i.e. cash or in-kind) that have been agreed upon.5- A grievance mechanism should be devised in order for the PAPs to be able to voicetheir concerns, complaints, or dissatisfaction in issues related to the non-fulfillment ofcontracts, compensation entitlement, types and levels of compensation, compensationpolicy, acquisition / destruction of land or assets and resettlement, or development ortransitional assistance. Airing of grievances is a key component to the resettlementprocess according to the OP 4.12. Firstly, a proactive approach to grievances should beemployed. A reactive approach should also be considered in case disputes and arise. Thegrievances should be addressed to the local mechanisms (LRC) or any other mechanismthat should be devised to be in charge of monitoring grievances.

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

M&E are key components of the RAP/ARP. M&E aim to monitor the compliance ofimplementation with the RAP/ARP, verify that project activities have been effectivelycompleted, and evaluate medium and long-term impacts of resettlement on affectedhouseholds’ livelihood. Vulnerability issues should be seriously considered by consultingthe defined vulnerable groups.


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Monitoring could be divided into internal monitoring and external monitoring. Internalmonitoring will largely be the responsibility of the NCU in full collaboration withlocally-devised resettlement mechanisms. It aims to oversee the progress in resettlementpreparation and implementation through regular progress reports. Monthly informationshould be collected and a database for resettlement monitoring information should beestablished and updated monthly. Quarterly internal monitoring reports should beprepared by NCU and submitted to the WB. A wide range of participatory tools couldserve for monitoring purposes. External monitoring should also be considered to ensurethat the overall objective of the resettlement plan is achieved in an equitable andtransparent manner. An external consultant should be hired by the NCU for this purpose.The consultant should review the same issues covered by the internal monitoring progressreport as well as reviewing the competence and effectiveness of the agenciesimplementing the project (NCU), adequacy of compensation, ability to reach the mostvulnerable PAPs, consultation and public disclosure of the RAP and effectiveness of thegrievance redress mechanism.

Evaluation, however, is intended to ensure policies (both Yemeni and the WB’s) havebeen adhered to and to provide the feedback needed for adjusting strategic directions. Theevaluation of resettlement activities will be part of general assessment and reviewactivities undertaken for the PCDP II as a whole. The evaluation process should utilizethis RPF, which has accounted for Yemeni laws and regulations and WB OP 4.12., as theguiding instrument.

Sources of Funding for the RPF/ARP

As soon as the activities triggering IR have been identified and approved by relevantagencies and the WB, realistic cost estimates shall be calculated based on the datacollected from the socio-economic survey on the estimated number of PAPs that arelikely to be affected by the sub-projects and the quantity and types of affected assets. TheNCU, supported by the WB, should be responsible for any compensation for landacquisition, as well as any capacity building activities done as part of the RAP/ARPprocess. Under the PCDP II, some contractual procedures have been proposed by theESMP in order to minimize any potential negative impacts on the income and livelihoodsof the local communities. It is expected that these procedures will be fully funded by thecontractor. Other complementary mitigation measures have been considered with budgetallocations under the ESMP budget.

Institutional Responsibilities under the RAP/ARP

The World Bank: The Bank may provide assistance to assess and strengthenresettlement policies, strategies, legal frameworks, and specific plans at a country, regionor sector level. WB also may finance technical assistance to strengthen the capacities ofagencies or individual or finance technical assistance for developing resettlement policiesor finance the investment cost of resettlement. Along the RAP/ARP cycle, WB also isresponsible for screen findings, advise on the need for RAP/ARP, approve the developed


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RAP/ARP, contract the external monitoring consultant and review Monitoring reportsand send feedbacks to the NCU.

The National Coordination Unit (NCU): NCU should play a major role in executingthe resettlement process along the various project phases. The most importantresponsibilities for the NCU include, among others, screening the project activities, hiringresettlement consultants for the preparation of the RAP/ARP, preparing the ToRs for theLRC, ensuring that the interests of PAPs are addressed, facilitating different consultationactivities and monitoring the resettlement efficiency.

Local Councils: They are the key Governmental authorities of relevance to the executionof the resettlement program. They should coordinate with other Governmentalorganizations, follow up the resettlement process, follow up on the imbursement ofcompensation, and respond to the PAPs’ grievances.

Non Governmental Organizations (NGOs): They are important players in ensuring thedesign and implementation of the resettlement plan is sensitive to the interest of the poorand vulnerable groups.

External Consultants: The input of external consults will be needed in the preparationof RAP/ARP (in case this is needed). Consultants will also be needed to carry outcapacity building on resettlement related issues and in M&E.

Gaps between Yemen Legislation and the World Bank OP 4.12

The RPF defines a number of disparities between the Yemeni legislation and the WB OP4.12. These mainly encompass:

⇒ Calculation and Timing of Compensation⇒ Definition of Affected Persons (PAPs)⇒ Public Participation, Consultation⇒ Grievance Mechanisms⇒ Vulnerable Groups⇒ Resettlement Assistance⇒ Rights of Squatters

The RPF recommended measures for bridging theses gaps, most importantly, building thecapacity of the concerned authority on Bank’s OP 4.12, devising community mechanismsto consult with PAPs and to provide transparent information sharing and grievancemechanisms, providing resettlement assistance and full adherence to the OP 4.12recommended procedures related to various aspects.

Capacity building is crucial for efficient execution of the RAP/ARP and to ensure theimplementation of the recommended measures for bridging the above gaps. The mainentity responsible for the execution of the RAP/ARP is the NCU. Other institutions thathave a stake in the process (e.g. the GALSUP, MoPWH, Local Councils, NGOs) shouldalso have their capacities built. It is recommended that the capacity building program


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focus on main two topics. The first is the legal issues of relevance to the resettlementincluding the Yemeni legislation and OP 4.12. The second issue is the variousparticipatory tools required to carry out the various community-base activities asrecommended by the OP 4.12 in order to ensure full participation from PAPs in theresettlement process.

STRUCTURE OF THIS RPF

The Resettlement Policy Framework (RPF) for the PCDP II is organized in the followingorder:

Chapter 1 illustrates the RPF objectives and scope and the main elements that should beincluded in the RPF. It also includes an introduction that gives information about thePCDP II, main objectives, predicted environmental and socio-economic impacts and themeasures that should be considered in order to deal with the negative impacts.

Chapter 2 presents a legal framework that highlights the various Yemeni legislation ofrelevance to land acquisition and involuntary resettlement for different purposes. It alsohighlights the main organizations in charge of managing land-related issues and theissues of relevance to involuntary resettlement. It also presents the key institutionalchallenges and main obstacles that face the practical application of the law.

Chapter 3 explains the requirements of World Bank Operational Policy 4.12 and providesexplanation for all the IR terminologies and concepts that were referred to in OP 4.12. Italso provides detailed guidelines on the preparation of a resettlement action plan (RAP)or an abbreviated resettlement plan (ARP).

Chapter 4 pinpoints the main discrepancies between the Yemeni legislation and the WBOP 4.12 on involuntary resettlement. It also provides practical recommendations tobridge the gaps between the two legal frameworks and presents the capacity buildingneeds in order to ensure the efficient implementation of the RAP/ARP.


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CHAPTER ONE: INTRODUCTION AND PROJECT INFORMATION

1.1 Purpose, Composition and Scope of the Resettlement Policy Framework (RPF)

It is a widely accepted fact that if left unmitigated, involuntary resettlement (IR), as aresult of development projects, may produce economic, social and environmental risks. AResettlement Policy Framework (RPF) is required when the extent and location ofresettlement cannot be known at the appraisal phase. RPF is prepared in accordance withWorld Bank guidelines as set out in their OP 4.121 and in compliance with Yemeni lawspertaining to resettlement and land acquisition in order to serve as the instrument to beemployed should the issue of resettlement arise.

The purpose of the RPF is to establish resettlement objectives, principles, organizationalarrangements, overall design of the resettlement program, and funding mechanisms forany resettlement operation that may be necessary during the project preparation andimplementation phases. The RPF may be triggered whenever a project activity entails theinvoluntary acquisition of land and / or the displacement of people. When the exactextent of land acquisition becomes known during the implementation phase, site specificResettlement Action Plans (RAPs) or Abbreviated Resettlement Plans (ARPs) will beprepared, depending on the scale and severity of impacts. The resettlement processshould be finalized prior to the commencement of any physical works.

Why not prepare RAP/ARP during project appraisal?

It is not possible to start by preparing a RAP or ARP during the project appraisal as theexact impact of the project and its different components/activities is difficult to determineor predict at that time. RPF then serves as the appropriate tool that the NationalCoordination Unit (NCU) submits, prior to appraisal. It includes guidelines for thepreparation of RAP/ARP. It also estimates, to the extent feasible, the total population tobe displaced and the overall resettlement costs. During project planning and whenspecific activities and zoning of the project become clearer, RAPs/ARPs, consistent withthe RPF, should be prepared and submitted for approval before the start of any physicalimplementation. It is very unlikely that these plans will be needed under the PCDP II, asexplored below.

1.1.1 Key Elements that the RPF should include

The RPF, in consistence with the WB OP 4.12, should include some key elements. Itshould start with a brief description of the project and components for which landacquisition and resettlement are required. It also should clearly explain the principles andobjectives governing resettlement preparation and implementation and provide adescription of the process for preparing and approving resettlement plans. To the extentfeasible, estimated population displacement and likely categories of displaced persons

1 The full text of OP 4.12 could be accessed by visiting the WB website:http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTOPMANUAL/0,,contentMDK:20064610~pagePK:64141683~piPK:64141620~theSitePK:502184,00.html

http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTOPMANUAL/0,,contentMDK:20064610~pagePK:64141683~piPK:6


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should be included. The RPF should also include eligibility criteria for defining variouscategories of displaced persons, a legal framework reviewing the fit between borrowerlaws and regulations, Bank policy requirements and measures proposed to bridge anygaps between them. Methods of valuing affected assets should also be established andorganizational procedures for delivery of entitlements should be explained. The RPFshould include a description of the implementation process, a description of grievanceredress mechanisms, as well as a description of the arrangements for fundingresettlement. Community participation should be a key consideration within the RPF.Thus, it should include a description of mechanisms for consultations with, andparticipation of, displaced persons in planning, implementation, and monitoring; andarrangements for monitoring by the implementing agency and, if required, byindependent monitors

The RPF should include:

§ Screening project activities to determine whether or not they will necessitate theinvoluntary resettlement of people within the determined project area (e.g. cadastralinformation, other information on ownership, existing structures and uses of land thatwould be directly affected by the works).

§ A description of the process for preparing and approving resettlement plans.§ Estimated population displacement and likely categories of displaced persons, to the

extent feasible.§ Eligibility criteria for defining various categories of displaced persons.§ A legal framework reviewing the fit between borrower laws and regulations, Bank

policy requirements and measures proposed to bridge any gaps between them.§ Methods of valuing affected assets.§ Organizational procedures for delivery of entitlements, including, for projects

involving private sector intermediaries, the responsibilities of the financialintermediary, the government, and the private developer.

§ A description of the implementation process, linking resettlement implementation tocivil works.

§ A description of grievance redress mechanisms.§ A description of the arrangements for funding resettlement, including the preparation

and review of cost estimates, the flow of funds, and contingency arrangements.§ A description of mechanisms for consultations with, and participation of, displaced

persons in planning, implementation, and monitoring.§ Arrangements for monitoring by the implementing agency and, if required, by

independent monitors.

1.1.2 Scope of the RPF

The RPF has been prepared in accordance with World Bank Operational Policy 4.12 forInvoluntary Resettlement and in compliance with current Yemeni law pertaining to landacquisition and resettlement. Generic short and long term environmental and socio-economic impacts potentially occurring from involuntary resettlement include:


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§ Disruption of production and income generation, both on a temporary and permanentbasis

§ Loss of land or other assets§ Any effect on the incomes of local communities by introducing new income

generation opportunities which are not suitable to the local skills§ Weakening of community and social fabric and networks§ Dispersion of family and kinship groups§ Loss of cultural identity and traditional authority

1.2 The Second Port Cities Development Program (PCDP II)

1.2.1 Background

The Second Port Cities Development Program (PCDP II) to be financed by the WorldBank (WB) in the port cities of Aden, Hodeidah and Mukalla during the duration of2010 to 2015. PCDP II seeks to address the growing congestion due to inadequateeconomic and social infrastructure that is reducing the efficiency that accompaniesagglomeration in the three cities. Infrastructure demand has exceeded supply with respectto almost all urban services in these cities. Most striking are the efficiency losses fromexisting infrastructure assets that serve as the backbone sustaining the urban economy.The Project Appraisal Document (PAD) highlighted the following issues within thetargeted three cities:

In Aden: Wholesale and retail trade, hotels and restaurants, and fishing generate almostfour times the employment as manufacturing in Aden2. The city has five municipalmarkets that serve the basic staple shopping needs for over 70 percent of the city’spopulation. Located in core parts of the city, the potential of these markets to becomevibrant socio-economic centers is undermined. However, congestion inside the marketsmakes regular cleaning impossible, and the unhygienic conditions are a public health risk.Some markets have become derelict and under-utilized because the buildings have falleninto a state of disrepair, leading to an increase in informal vending on the nearby streets,causing congestion. A relatively large portion of the locally sold produce – fruit,vegetables, meat, fish – is in fact sourced from within 100 miles of Aden, suggesting thatthe multiplier effects from having a vibrant local produce market structure are significantand could range between 1.5 to 2 3 creating positive spillover benefits.

In Hodeidah: Exports from the fisheries sector in Hodeidah Governorate make up 64percent of Yemen’s total food exports. The fishing port in Hodeidah city currentlygenerates 10,000 jobs for fisherman, and these jobs grew at 10 percent per year over2003-2005. In addition, the port generates three to four indirect jobs for every fishing jobin material supply, boat repairs, and service provision. Despite the dominance of the

2 Aden Master Plan.3 This is a conservative multiplier effect assumed for Aden, given that studies of similar multiplier effects in Canadaand Georgia in the U.S. suggest that local market multipliers can be in the range of 2 to 2.66. If 25 percent of produce islost on average in street trading, but 20 percent can be gained from the existence of and improvements to an existingmarket facility, the benefits can result in a net savings of 5 per cent of the total value of the produce sold (PCDP IIAugust 2006, Carl Bro and Dar Al Omran)


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fisheries cluster as well as the critical importance of the fishing port in the urbaneconomy, the port is severely congested, struggling to handle a demand that is 600 to 700percent more than the design capacity4. Furthermore, the productivity of the labor force inthe fisheries cluster is undermined because the places where they live lack basic services.This is also true for half of the city’s population. In such areas, a quarter of the populationrelies on standpipes and the majority is not connected to the sewer system because thesystem has not been expanded. This has led to a situation where sewage discharged intoopen pits may become a public health hazard for the whole city.

In Mukalla: Mukalla, the capital of the Hadramout Governorate, one of the poorestregions in Yemen, is the gateway to a valley that houses cultural World Heritage sites.The number of passenger flights, as well as flights operated by oil exploration companies,has been growing by over 20 percent per year since 2007. International airlines have alsorecently expressed interest in operating passenger services from the Mukalla airport.Current demand has already outstripped the existing capacity of the passenger terminaland passengers experience considerable delays. This congestion is likely to worsen, as thepassenger volume is expected to more than double over the period 2007-20195. Inaddition, traffic at major intersections linked to arteries that discharge traffic from theairport and the port into the city are congested. This is largely because of ill-designedtraffic patterns, uncontrolled parking, and the lack of pedestrian crossings.

1.2.2 PCDP II Objectives

The objective of the project is to improve conditions of select infrastructure that supportsthe urban economy of the three strategic port cities of Yemen, namely, Aden, Hodeidahand Mukalla.

Progress towards achieving the objective of the project will be measured through thefollowing indicators in the three port cities: In Aden: (i) increase in available formal retailspace used in four municipal markets; in Hodeidah: (ii) increase in number of fishingboats per day that have access to the pier and auction halls; and (iii) increase in thenumber of households with all weather access, water, and sewerage connections; inMukalla: (vi) time savings for passengers landing at Rayyan Airport; and (v) reducedtime losses at the select road intersections.

Through the project contributions to attaining these indicators, the project is perceived tosupport the GOY’s Third Socio-Economic Development Plan for Poverty Reduction(DPPR) for the period 2006-2010. The World Bank’s Country Assistance Strategy (2010-2013) has four strategic objectives and the PCDP II supports CAS objectives of relevanceto accelerating and diversifying economic growth and fostering human and socialdevelopment.

4 The artisanal fiberglass boats wait a day, and the larger wooden boats of the artisanal fishermen, wait oneto four days.5 Final Feasibility Report, Improvement of Mukalla International Airport at Rayyan, January 2009.


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1.2.3 Summary of the Current Situation

The drafted Environmental and Social Impact Assessments (ESIAs) for the majorinvestment project in Hodeidah, as well as the findings of the rapid social assessmentactivities that have been carried out in Aden markets and fed into the Project AppraisalDocument (PAD), shed the light on the current situation of relevance to the project in thethree targeted cities. The following summarizes the situation:

In Aden

Despite the commercial importance of the wholesale and retail markets located in Adencity for securing key supplies for the population, creating economic opportunities forlarge portion of the population and serving as important contributors to the cityeconomics, the current situation inside the majority of these markets prevents them fromefficiently playing their vital role. These markets are old and in disrepair and theoperating condition of support infrastructure is unsatisfactory. Congestion inside themarkets makes regular cleaning impossible, and the unhygienic conditions are a publichealth risk. Some markets have become derelict and under-utilized because the buildingshave fallen into a state of disrepair, leading to an increase in informal vending on thenearby streets, causing congestion.

At present, all four Aden markets suffer from lack of space and insufficient arrangementsin each market. This leads to the illegal sale of products outside of the market – a matterof necessity in the case of Sheik Othman, where street sellers want to be accommodatedinside the market where business is strong. For Crater, Mansura and Ma’alla markets, it isa matter of preference: customer-unfriendly market arrangements push sellers onto thestreets. These sellers tolerate the periodic confiscation of illegally-sold produce byauthorities as they save paying the monthly market stall rents and make higher profits onthe street. Secondly, each market has inadequate logistics coupled with inadequateutilities such as water, sewage/ drainage, toilets, electricity, ice boxes, roofs, safetyissues, etc. Thirdly, institutional and governance issues hamper effective and productivemarket management and administration. Asset ownership, decision-making and flow offunds (including revenues and taxes) are unclear and fragmented among differentstakeholders. For instance, the Municipality’s Department for Public Works owns theland of the market, manages the market, and collects the market stall rent, which is set bythe Local Council. Respective revenues are transferred to the Cleaning and ImprovementFund which finances cleaning worker salaries and remainder flows into Yemen’s generalbudget (in the past, revenues stayed at municipal level).

In Hodeidah

Hodeidah fishing port is currently host to around 2,000 boats (2009) which representsaround 600 to 700 percent more than the design capacity. More than 10,000 fishermenwork on these vessels. The old age of the port and the increasing demands and pressureson its utilities, accompanied by the very poor level of maintenance of port facilities, hasresulted in deterioration of the port infrastructure. The HFP is currently overloaded withfishing boats and suffers from poor hygienic conditions due to lack of sanitary facilities


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for fish storage, wastewater and solid waste collection and disposal. The subsequent costsof resulting complications are borne by the fishermen, administrative officers and others,such as those who sell fish in the auction halls.

In the meantime, the quay provides a very limited space for many activities, includinguploading fish, light boat repairs and boat storage. The waiting and parking areas insideand outside the fishing port are insufficient and contribute to congestion as well asunsightly and dangerous conditions. The port is vulnerable to chaotic and confusingconditions, a result of unorganized activities, such as the congested mooring area whichcauses difficulties in boat parking. Auction halls lack continuous walling and/or doorsthat ought to prevent fish contamination by sand and dust and to restrict access. Thetemperature within the halls is not controlled, exposing fish to high risk of contamination.Inadequate quality control is a threat to the expansion of fish export activities as well asto public health. Sediment deposits pose one of the main problems in HFP. This problemis currently very obvious in the northern entrance of the port which port users consider tobe an issue of top priority. No sanitary network exists in the port and sewage is currentlydumped and discharged into the sea, causing risk to human health and the marineenvironment.

In Mukalla

The interviewed stakeholders as part of the preparation of the ESIA expressed concernsabout the current situation in MIA in terms of the inadequacy of the present airportfacilities to handle the current demand. Current strain on the airport has lead tosignificant congestion at the Passenger Terminal Building and in the cargo storage areas.The facilities needed to handle the expected increase in international flights/passengersare not presently available. The congestion is expected to be exacerbated with theincrease in passenger numbers, unless the handling capacity of MIA is enhanced and afew other upgrades are instituted in the Terminal Building.

With reference to the targeted traffic junction in Mukalla, street users expressed majorconcerns about the current situation including the absence of safe pedestrians' crossings,the increased risk vulnerable groups like the elders and people with special needs, poortraffic geometrics and several behavioral challenges.

1.2.4 Proposed Sub-Projects under the PCDP II

In Aden

Designs and Rehabilitation of Four Markets in Aden

The project aims to increase the available formal retail space used in the four municipalmarkets of Crater Market, Sheikh Othman Market, Mansura Market and Ma’alla Market.The project would be designed with the participation of the public and private sectorstakeholders to ensure demand-responsive designs for rehabilitation to enhanceacceptability of designs, O&M, and therefore sustainability of service delivery. Thedesigns for the rehabilitation of municipal markets are being prepared by local


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engineering firms, in response to design briefs that were an outcome of socialassessments.

In Hodeidah

The Rehabilitation and Improvement of Hodeidah Fishing Port (RIHFP)

The project seeks to alleviate the sediment transport problem and provide suitable depthfor the HFP basin and access channel for the movement of fishing boats, alleviate thehigh density of boats, provide extra area for mooring boats, improve the infrastructure,provide facilities for adequate fish processing and storage and improve hygienicconditions at the port. This will be attained through a combination of marine and onshoreworks that most importantly include extending the port by adding an area of 7,500 m 2 tothe port basin from the south, deepening the port basin and the access channel,constructing a spur breakwater and establishing a boat repair yard with paved roads and aboat hauler. Moreover, RIHFP will include upgrading existing infrastructure, includingthe water supply network and the seawater supply network.

In Mukalla

Mukalla International Airport Improvement Project (MIAIP)

MIAIP aims to enable MIA to benefit from the liberalization of air traffic resulting fromthe Open Skies Policy applied in Aden and Mukalla, to attract a larger number of airlinecompanies and to allow the MIA to handle greater number of passengers and visitors tothe city and the region. In order to achieve these objectives, the project will involve theconstruction of a new terminal building and establishing a new parking area, improvingrunway lighting, replacing transformers of the VOR and transmitter systems, introducingtwo diesel generators and constructing new cargo hangers.

Traffic Junctions Improvement Project (TJIP)

JTIP aims to increase vehicles flow and speed by limiting congestion time at majorjunctions. It also seeks to provide facilities for safe pedestrian movement at thesejunctions and work towards ensuring driver safety by providing sufficient instructionsand signage for drivers. The specific activities of TJIP comprise ground improvements,road marking, fixing signs and signalization and introduce general regulatory measures tocontrol parking habits, which causes the narrowing of traffic lanes.

1.2.5 Potential Environmental and Social Impacts

It is predicted that the implementation of the PCDP II will result in significant positiveoutcomes including the provision of inclusive and sustainable rehabilitation investmentsthat benefit the societies and urban economies of the three port cities through beneficiary-identified needs, community mobilization, basic services for poor groups; transparency ofcapital investments; open communication; and the potential for scaling up these


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outcomes. The predicted Environmental and Social Impacts for each of the projects aresummarized in Table 1.1 below:

Table 1.1: The Main Positive Environmental and Social Impacts Predicted from thePCDP IIIn Aden• Increase in available formal retail space utilized in four municipal markets.• Facilitation of economic development, and thereby an increase in local incomes.• Reduction of the need or incentive to sell outside of the market which distracts

customers from entering the markets and reduces the profits of the inside marketsellers.

• Empowerment of market users by enabling them to participate in the design of therehabilitation process.

• Improved movement and safety of vehicular and pedestrian traffic within the marketneighborhoods.

• Reduction of daily losses on perishable products.• Potential increase in real estate process of properties in the market vicinities.• Time-savings for customers.In Hodeidah• Improved water quality of the port basin.• Rehabilitation of the existing contaminated areas.• Introduction of waste and scrap management systems.• Reduction of noise levels at some locations throughout the port.• Job opportunities (temporary and permanent).• More hygienic working conditions and more socially-viable workplace.• Better accessibility to the port through the alleviation of existing congestion.• Enhanced potential for economic opportunities in the fishing sector.• Provision of higher quality products for consumers.• Increased sense of trust and better administrative atmosphere.In Mukalla• Creation of temporary and permanent job opportunities for the local people of

Mukalla, both directly related to the project and in other complementary fields that areexpected to develop.

• Enhanced economic opportunities for MIA.• Provision of more travel opportunities.• Time-savings for passengers and cargo companies.• Improved aviation safety.• Improved safety measures for pedestrians and other road users.• Generation of revenues for the local authority.• Enhanced social harmony through reduction of reasons for tensions.• Special benefits for the most vulnerable categories of the community.• Environmental benefits like reductions in vehicles air emission and noise sources.


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Table 1.2: Potential Negative Impacts and the Mitigation Measures for theMunicipal Market Rehabilitation , Aden6

During ConstructionInterruption to thedaily business in themarket

• Construction activities should be staged• The use of temporary facilities should be allowed• The rehabilitation construction should be monitored by

community representatives• Communication during the development and implementation

of the rehabilitation designs should be supported• Information should be shared transparently

During OperationContinued informalsales outside ofrehabilitated Adenmarket despiterehabilitation

• Market users should be mobilized and involved in projectdesign and implementation

• Public awareness campaigns should support enforcement ofrules and standards of the Aden markets

• Participatory design processes should be created to mobilizebeneficiaries and engage them with engineers, designers, andarchitects

• Beneficiaries should be involved in the M&EElite capture ofrehabilitated markets

• The number of Aden market stalls for sale to one seller shouldbe monitored

• The intermediation by middlemen during the stall leasingprocess should be eliminated

• A certain number of stalls for each product should bedesignated to poorer sellers

Risk of lack ofsustainability

• Enhanced community participation should be encouraged inmarket management, arrangements for O&M, and the alreadyplanned demand-driven rehabilitation design andimplementation

Table 1.3: Potential Negative Impacts and the Mitigation Measures of RIHFP,HodeidahDuring ConstructionRisks of asbestosfibers being releasedduring thedemolition ofauction halls

• Demolition should be undertaken under the supervision of aninternational asbestos management company

• The waste should be shipped to an authorized asbestos landfill• Air around the demolition site be monitored for contamination

of asbestos fibers on a daily basisRisks associatedwith removing thecontaminated wastesoil

• Clean-up process should be supervised by a specializedenvironmental consultant

• Clean-up should include the replacement of existing dieselASTs, fuel pump and piping system to avoid future leaks

6 It should be noted that plenty of the mentioned potential impacts tend more to be potential risks that theproposed mitigation measures will contribute to decreasing their probability.


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During Construction• Waste quantities should be monitored

Impacts of offshoredumping of dredgingwaste into themarine environment

• An approval be obtained from YRSPC for using their offshoredisposal site near Ras Kateib

Impacts of onshoredisposal of dredgingwaste on thelandscape propertiesof the disposal site

• Of the five onshore sites that were studied, one was excludedand the other four were classified according to environmentalpreference

• Measures were taken to avoid the occupation of a large area inthe HFP

• The volume of exported waste should be monitored dailyduring dredging

Impacts of thetemporary storage ofconstruction wasteand materials

• A detailed plan for temporary storage of construction wasteand materials should be prepared prior to construction

• No large volumes of quarry materials should be importedduring the demolition of the existing breakwater

Inconvenience anddelays affectingfishermen activities

• Staging of construction works in close consultation withconcerned stakeholders

• Activities in existing facilities (northern jetties, auction hallsand administration building) should not be stopped unless theconstruction of replacement facilities is complete

• Dredging the port marine entrance should only be performedduring the few hours of the day and a navigation safety planshould be implemented

• Fishermen complaints should be MonitoredImpacts on airquality

• Land-based work and dust-generating activities should bestopped during sand storms

• Quarry materials should be sprayed before unloading andcontractor should be committed to using vehicles with efficientfuel combustion systems

• Ambient air quality should be monitoredNoise impacts • Construction workers should use earmuffs in noisy areas and

noisy activities should be arranged around noon and the earlyafternoon

• Noise levels should be monitored on a quarterly basisImpact on HFP localbusinesses

• Arrangements and assistance (such as moving allowances) ininsure the smallest amount of inconvenience for local businessshould be provided

• Complaints should be monitoredDuring OperationPoor watercirculation in thesouthern part of thebasin extension

• A floating surface aerator should be utilized in stagnant areaswhen needed

• Waste bins should be distributed along platforms to preventlittering within port basin


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During ConstructionImpacts of handlinghazardous materialsand waste

• Suitable fire safety precautions should be followed• Adequate collection for used lubricant oils should be employed

Impacts of scrap andgeneral solid waste

• Existing scrap items should be sold for recycling/reuse• No scrap boats should be stored at the port

Impacts of newgenerators andadditional vehicles

• Generators should have a high level of combustion efficiency• Biannual monitoring of ambient air quality should occur

Financial burden onport users frompossible fees

• A WTP survey to identify suitability of such fees with regardsto fishermen conditions should be undertaken

• A subsidy mechanism should be developed

Table 1.4: Potential Negative Impacts and the Mitigation Measures of MIAIP,MukallaDuring ConstructionRisks of asbestosfibers during thedemolition of threeasbestos hangers

• Demolition should be undertaken under supervision of aninternational asbestos management company

Risks fromcontaminated soilwaste

• Supervision of the clean-up process by a specializedenvironmental consultant should occur

• Waste quantities should be monitoredImpacts of scrapwaste on replacingequipment andairfield lightingfixtures

• A stipulation that the supplier of equipment must remove oldequipment for reuse/recycling and handle thereorganization/rehabilitation of existing scrap store must bemade

Impacts on airquality fromearthworks

• Water should be sprayed before earthworks and demolitions• The contractor should be required to use low emissions

machinery• Ambient air quality should be monitored quarterly during

constructionNoise impacts • Construction workers should be provided with ear muffs

• Terminal finishing works should be arranged during timeswhen nearby halls have few passengers

During OperationNoise impacts • A noise map should be developed for MIA and surrounding

areas• Workers should be instructed to wear ear muffs in noisy areas• Noise should be monitored at different locations quarterly

Impacts on airquality

• Generators with highest combustion efficiency should beprovided

• Suitable chimney heights as stipulations should be provided inthe tender document


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• Ambient air quality should be monitored near the generatorhouse

Impacts ofhazardous waste

• Suppliers of chemicals and oils should be required to take backused containers

• Those in possession of expired chemicals should be required tohandle these materials at their own liability

• Records of handled hazardous waste should be kept and aninventory monitoring should be instituted

Table 1.5: Potential Negative Impacts and the Mitigation Measures of TJIP,Mukalla

During ConstructionImpacts on localshops

• Traffic route options that would least affect local businessshould be selected

• Local business should be consulted through field surveysInconvenience topedestrians andtraffic delays due todetours

• The most suitable detours should be identified• Awareness raising campaigns should be carried out• Coordination mechanisms should be established among

various stakeholders• Safe passages for pedestrians should be prepared• The number of complaints and the actions taken to in response

to these complaints should be monitoredNoise impacts ofconstructionmachinery

• Construction workers should be provided with ear muffs• Hours of operation of noisy equipment should be organized in

communication with neighborsImpacts on airquality

• Water should be sprayed before demolitions• The contractor should be required to use low emissions

machineryDuring OperationPrimarily impactinglocal business

• Street sellers' survey should be undertaken to learn about therecommended actions that best suit their requirements andassets in a case-by-case approach

1.3 PCDP II Components and Involuntary Resettlement

This RPF was prepared during the PCDP II appraisal stage. During this stage, the sub-projects were identified and the project designs were completed for some of the sub-projects. The project designs for other projects remain under preparation. The previousstage of the PCDP II involved the preparation of the ESIA for the aforementionedprojects in Hodeidah and Mukalla and a social assessment is underway for the Adenproject. The previous activities involved wide range of stakeholders’ consultationactivities and field investigations. This significantly helped in engaging the variousstakeholders groups, including the potential beneficiaries, in predicting the potential


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impacts of the project and in proposing mitigation measures to eliminate the negativeimpacts.

The various consultation activities, as well as the initial screening of the potentialactivities under the PCDP II, showed that no physical loss of assets is predicted to occurunder any of the sub-projects. It is, however, predicted that temporary disturbance for thelivelihoods of local community groups might occur during the construction phase of thesub-projects due to the activities associated with physical works and need for temporaryland acquisition in the three cities as indicated under Tables 1.2, 1.3, 1.4 and 1.5. Somelonger term impacts could also be encountered by certain community groups as anindirect consequence of the project intervention. However, these impacts could not beclassified as involuntary resettlement. The significance of these impacts is expected to bereduced to a minor or negligible with adherence to the proposed mitigation measuresdescribed in the Environmental and Social Management Plan (ESMP). It should be notedthat there will be compensation for these temporary impacts during the operation of theproject in the three cities due to fact that the implemented improvements will help inenhancing the livelihoods of local community members including those who might betemporarily disadvantaged during the construction phase.

The following summarize these impacts in the three cities:

In Aden• Temporary restriction to access to certain parts within the workplace in the four

targeted markets may cause interruption to the market sellers' daily business.

In Hodieda

• Temporary restriction to access to certain parts within the fishing port due to theoperation of machinery in these parts or due to health and safety measures might resultin inconvenience and business delays that may affect the fishermen and other portusers.

• Temporary disturbances might also be encountered by the existing shops inside theport hall that will be relocated to other places/shops (the new shops will be constructedby the fence on the perimeter of the port as part of the port rehabilitation).

In Mukalla

• Reduction in the customers flow to local shops and kiosks due to the constructionworks in Mukalla traffic intersections.

• There is also a possibility that preventing parking in certain places in Mukalla mayresult in reduction in the customers' influx to local shops and street sellers after projectoperation as highlighted in Table 1.6 below.


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Table 1.6 Summary of the Potentially Affected Groups in Mukalla

Junction Affected groups Reason Type ofImpacts

ImpactSeverity7

The Chinesebridgeroundabout

Kiosks and localshops

Preventing on-street parking Indirect Low tomedium

Kiosks and localshops

Preventing on-street parking Indirect LowAl SalamaHospital

Minibus drivers Relocating taxi and bus parkingto new areas

Direct Low

30th

NovemberBus and taxidrivers

Relocating taxi and bus parkingto new areas

Direct Low

Bus and taxidrivers

Relocating taxi and bus parkingto new areas

Direct Low

Local shops Reduced customer flow due torelocation of minibus parks

Indirect Low

Reduced customer flow due torelocation of minibus parking

Indirect Medium

Ishara (AlDeas)

Informalvegetable andfruit streetsellers

Preventing street sellers fromselling at the place where theyare currently sell

Direct Low toMedium8

(*)

Odeibee Odeibee CarShow

Preventing the show room fromdisplaying cars on the street tostop encroachment of platform

Direct Low

Ben Azoun,Bashrahealand AlRawda

Informal drinksand hot foodsellers(shawerma,sambousa, friedfood, etc.) fromhand carts

Preventing street sellers fromselling at the place where theyare currently sell

Direct Low toMedium(*)

1.3.1 Mitigating the Negative Impacts on Local Groups Livelihoods

Mitigating the various mentioned impacts is perceived to be manageable through variousmitigation measures in the ESMP that focus mainly on phasing work, engaging local

7 It should be noted that determining the degree of the impact severity considered factors such as the legalcompatibility of the affected groups, which make them less vulnerable to the negative impacts on theirlivelihoods, and the availability of alternatives to be provided by the project (e.g. for taxis and minibuses,they will be relocated in other determined locations so the impact is ranked as low).8 (*) the significance of these impacts has been changed from high in the draft ESIA to low to mediumafter the public consultation after learning that these groups of street sellers spend only few hours per dayin these intersection and after making sure that their mobility will highly allow them to voluntarily changethe location and restore living in different parts of the street.


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communities including potential PAPs in the planning of the various project activities andcarrying out community survey and awareness raising activities through the existingactive NGOs in the cities.

It is worth mentioning that the ESMP included budgets for the different measures thatwill require separate allocations. For mitigation measures that are part of the contractualconditions and procedures, the ESMP stated how these measures should be addressed andhighlighted the institutional responsibilities in adhering to these measures. The NCU isproposed to play a major role in supervising the implementation of the mitigationmeasure and in facilitating the various consultation activities with PAPs.


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CHAPTER TWO: YEMENI LEGAL AND INSTITUTIONAL FRAMEWORK

This chapter of the RPF identifies the most relevant elements of the Yemeni legal andinstitutional framework with respect to property rights and land expropriation. Yemenilegislation must be fully considered during the evaluation of project proposals that mayresult in involuntary resettlement. The chapter also includes a review of currentinstitutional arrangements, valuation and compensation methods, grievance and redressprocedures, administrative and court appeal mechanisms, and legal requirements for thedisclosure for information. It also sheds light on the main issues and challenges related tothe land management system in Yemen.

2.1 Main National Legislation that Regulate Land Declaration

Yemeni Legislation includes several provisions that regulate the process of declaring landplots for public interest, the provisions for expropriation and compensation, the definitionof rights of owners and use of communal property. The key subjects related to landproperty and land acquisition in the main pieces of Yemeni legislations that deal withthem could be summarized in the following:

Public OwnershipYemeni Constitution, Article 18, 19 and Civil Law, Articles 118, 119, 120

Private PropertyYemeni Constitution, Article 7, 20 and Civil Law, Articles 1154, 1159

Common Use of LandLaw no. 21 of 1995 concerning State Land and Real Estate and the Republican Decree170 of 1996

Waqf/ Endowment LandWaqf Law no. 23 of 1992 and the Republican Decree 99 of 1996

Agricultural LandYemeni Constitution, Article 7, Paragraph (c) and Civil Law, Articles 761, 765, 770,1159

Neighborhood RightsCivil Law, Articles 1161, 1163, 1164

SquattersLaw no. 21 of 1995 concerning State Land and Real Estate, Articles 58, 59

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


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2.2 Land Ownership within the Yemeni Legislative Framework

Land ownership is primarily based on the principles of Islamic law (Shari’a law). Themain types of land are categorized in Figure 1 below.

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

2.2.1 Privately-Owned Land

Privately owned land covers all land held in private ownership, urban or rural, which isneither Waqf nor Miri. It is subject to Shari’a Law which dictates that the directdescendents of the rightful owner will inherit the land upon the death of the owner, andonly in the case that this is not possible may indirect descendents inherit it. Private landmay be Freehold, in which case certain interests are owned in perpetuity, or Leasehold,where certain interests are maintained for a specific period. Other than that, privately-owned land is administered under customary law through a "Title Deed" or othercontractual document signed by a religious authority or a sheikh who is also responsiblefor ownership records. While this practice provides for the availability of information ontenure, boundaries and other features, there is often conflict between these documents andthe details shown in cadastral records. Private land property is also governed by theconstitution and the civil law as indicated below:

1- ConstitutionArticle 20: Public appropriation of property is forbidden. Private appropriation isunlawful without judicial decision.Article 7 Paragraph (c): “Private property shall be respected and protected. Actionscontrary to what have been stated will be taken if and only if it is absolutely necessaryand is in the best common interest and against fair compensation in accordance with theLaw.”

Type ofLand

Privately-Owned

State-Owned(Miri)

CommunalProperty

ReligiousLand

(Waqf)

Land usedby

Squatters

Land forNeighbor-

hood RightsOther

Types ofLand

BarrenLand

DesertLand

WhiteLand

MarafeqAmaa


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2- Civil LawArticle 1159: The article withholds the right to anyone to deprive any other of hisproperty except in accordance with the provisions of jurisprudence and the proceduresdescribed therein, and against fair compensation in accordance with the law.Article 1154: “Only the owner of the entity can benefit from it, use it and exploit it as hewishes but within the limits of the provisions of the jurisprudence laws.”

However, the practical application of private land management issues is confronted withmany challenges including:

• No full inventory of privately-owned land exists.• The growing confusion over communal land and the privately-owned land which

results in lack of clarity and is a source of conflict.• There is increasing trend toward private appropriation of communal land.• The overlapping responsibilities between the locally-based traditional systems and the

central government.• The intervention of central government.• There is also little public confidence in the Land Registry, mainly in the rural areas

where owners depends on local community leader for obtaining documents / deedswhich is the base for non-registered land and sheiks, who are the prime beneficiaries ofland conflict, cannot be neutral arbitrators,

• An ineffective court system overburdened with land conflict cases and the absence ofdefined definitions for the issues related to land acquisition within civil law.

2.2.2 State-Owned or Government Land

Under Article 118 of the Civil Law, State-owned or government land is defined aswhatever 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 theownership of such property as long as it remained public. Any other form of propertyshall be considered as private whether owned by the State or public bodies or owned byan individuals.State-owned or government land is land which was previously the property of the formalroyal family and was taken over by state upon the formation of the Yemen Arab Republicin 1962. It consist of large areas of open land, land for military use, land on which publicservice buildings (i.e. schools, hospitals and ministries) are built and land granted by thegovernment for public utility (i.e. roads and streets).

State agricultural and barren lands are to be disposed by an open auction. The lawcompels whosoever buys or leases barren land to reclaim and cultivate it within a periodof two years from the date of the sale or lease; otherwise the contract is considered voidwithout further legal action. For desert land, the time period after which the contract shallbe considered terminated is five years.The main legislation for dealing with state-owned or governmental land includes thefollowing:


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ConstitutionArticle 19: Public property and assets have certain inviolability, which should beprotected and safeguarded by the state and all civilians. Any infringement ortransgression of such property or assets is an act of aggression and sabotage againstsociety as a whole. The perpetrator of such wrong-doings shall be punished in accordancewith the Law.Article 18: Public property, funds, assets and property owned by the state or public bodycorporate, and shall be allocated to public benefit in deed or pursuant to a Law orresolution. Such funds may not be disposed of or be confiscated or put in the possessionof individuals as long as these remain public. Individuals’ or persons may benefit frompublic funds according to the purposes for which they are designed and in line with theLaw. Other than that, funds are private property irrespective of whether owned by thestate body corporate or natural persons.

Civil Law:Article 118: (Defines Public Property as explained above)Article 119: Public Property shall lose its identity by actually ending the purpose for itsuse as Public Property, or in accordance with a law or a resolution or by ending thepurpose for which it has been assigned as public utilization.Article 120: The State and Public Bodies may deal with its property in all forms ofdealings indicated in the law. Barren lands not owned by any person shall be consideredpermissible to all, the State or the individual may possess ownership in accordance towhat is indicated by the law.

Law no. 21 of 1995Under this Law, State lands are also deemed to include the following:

• White lands: Land which is situated outside the boundaries of official urban plan andconnected with surveyed lands. Such lands are situated within the structural plans ofcities;

• Al Muraheq Al Amma; mountains, hills and steep slopes that receive and dischargerain water and the Great Wadis through which the collected flood water runs;

• Coasts, their natural protected boundaries and semi-depopulated islands;• Barren land; open or abandoned land, forests, sand areas and land covered by sand,

which are not otherwise the property of an individual; and,• Land and estates not owned by an individual and with no inheritors according the

principles jurisdictions of Shari’a Law.

2.2.3 Communal LandCommunal land is primarily used for grazing and firewood collection. Customary lawentrusts sheikhs with the management of communal land but there is a trend towardsincreasing private appropriation by traditional natural leaders in villages (sheikhs). Inrecent years, as land speculation has increased, especially in areas close to towns wherethere is a growing confusion between communal land and privately-owned land.


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Republican Decrees no. 170 of 1996 concerning Law no. 21 of 1995 of Lands andReal Estate: Defines land it as an annex to cultivated land if it is adjacent to it, and if theaverage height of the Common-Use Land is not greater than twenty degrees, or similar. Ifthe average height of the Common-Use Land is greater than this average then the slopemust be measured from the demarcation line between the Common-Use Land and theadjoining cultivated land such as mountains, mounds, and slopes that constitutes rainwater catchment areas and run-off routes. Among Common-Use Land is the ‘great rainwater run-off route’ which constitutes the main rain water flow route into which branchroutes discharge their content.

Article 2 of the Republican Decree concerning Law no. 21 dated 1995 concerningState land and property, Article 41 of the Law referred to above: “Common-UseLands are considered to be fully and completely owned by the State.”Law no. 21 of 1995Article 43: The right of ownership of the ‘Raqabah’ by owners of land which is adjacentto Common-Use Land does not take effect in accordance with the provisions of theprevious Article (above) until after the expiry of the common benefit rights of theneighborhood in these Common-Use Lands.Article 44: The right to benefit from Common-Use Land, or from parts of it, which isowned by the State remain available to all whether for grazing or logging for firewood orothers. The State cannot violate these rights except when these violations are in the bestinterest of all.Article 46: Cultivated steps that pass through Common-Use Land or those which will beconstructed in future outside the limits of main cities will be considered as privateproperty of their owners before the issue of this Law.

Articles 163 165 of the Republican Decree no. 170 - 1996 (the executive bylaw ofthe Law concerning State-owned land and properties no. 21)“General Authority for Land Survey and Urban Planning (GALSUP) or its offices in thegovernorates is to identify the State’s Common-Use Lands, fix their positions, calculatetheir total areas, measure their slopes and then put them on special maps. Copies of thesedocuments and maps must then be distributed to trustees and authenticating offices ineach city, and to Property Registration offices so that no document shall be issued withregards to dealing with these lands except after securing the express permission of theState’s Properties Authority”. Those concerned should approach the Authority or itsconcerned office with respect to sorting and identification of Common-Use Land they areinterested in accordance with the provisions of the Law mentioned above.

The main challenges with the definition and management of communal land involve thefollowing:

§ Lack of clarity has become an issue in certain cases dealing with definitions ofcommunal land and private land, especially in recent years, as land speculation hasincreased (particularly in areas close to towns).

§ There is a trend towards the increasing private appropriation of communal land.Customary law entrusts sheikhs with the management of communal lands, primarilyused for grazing and firewood collection.


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2.2.4 Endowment/ Waqf Land

Waqf endowment essentially means the arrest (freezing) of assets and the disbursementof benefits (profits, rents, etc.) in seeking God’s favor. Waqf land is land held inpermanent trust by the Ministry of Waqf for the benefit of Moslem religious institutesand charitable institutions such as mosques, schools and hospitals.

There are three main types of Waqf property:

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

The legislative base for dealing with Waqf property could be summarized in thefollowing:

ConstitutionArticle 22: Endowments have sanctuary rights, and those responsible for it have the dutyof improving and developing their resources in a manner that fulfils its objectives and thejurisprudence requirements.

Waqf Law no. 23 of 1992 and Estates Republic Decree no. 99 1996: defines leasingWaqf Lands.

2.2.5 Agriculture LandAgriculture land is defined as actual cultivated lands or lands that are prepared forcultivation. The following are the main legislations that regulate the management ofagriculture land:

ConstitutionArticle 7 Paragraph c: Private property shall be respected and protected and shall not beinfringed upon except when justified by necessity and for the public interest, this shall bein return for a fair compensation according the law.

Civil LawArticle 527: Registering the contracts emphasizes that in selling lands, ownership as aresult of sale shall not be transferred between the contractees or for others except fromthe time when the deed of sale is registered in the records, prepared for this purpose andis in accordance with the special laws.Article 756: Permits the leasing of agricultural lands and other type of lands according tothe consent of the contractees.


40

Article 1159: It is not permissible for anyone to deprive any other person from hisrightful property except when it is allowed by the jurisprudence law (Islamic Law) and ina manner stated in this law and with a fair compensationArticle 761, 765 and 770: Defines the term plantation, farming and irrigation,respectively.

2.2.6 Land for Neighborhood RightsAn owner must not exercise his rights excessively to the extent of causing harm to theproperty of his neighbor, nor should the neighbor blame his neighbor for any unavoidableharm that may suffer as a result of being neighbors (Civil Law, Article 1161). The civillaw is the only piece of legislation of relevance to the neighborhood rights.

Civil LawArticle 1161: explains what is meant by neighborhood rights as above.Article 1163: If an owner builds a water duct or canal on his property, then it does notbecome permissible for his neighbors to use it unless an agreement has been reached.Thereafter, if what has been agreed upon is implemented, the participation of theneighbors with the owner in the cost of construction and maintenance are indications ofthe satisfaction of the owner.Article 1164: The owner of a land must allow sufficient water to flow through his land toirrigate pieces of land that are far from the source of water, or to allow the flow of surpluswater to discharge into a nearest discharge point, against affair compensation. If a pieceof land, through which a water stream passes, suffers harm or damage then the owner hasthe right to demand a fair compensation for suffering such harm or damage. While, on theother hand, an owner who has, through his land, right of flow or discharge cannotprohibit the normal flow even if it causes harm.

2.3 Laws Governing Squatters

Squatters are those who undertake controlling any Lands or Estates which are owned bythe State. Law 21 of 1995 on Land and Real Estate is the most important law that dealswith squatters and their rights, particularly under Articles 58 and 59 as stated below.

Law no. 21 of 1995Article 58: Every normal or legal person who has undertaken the control of land beforethe issuance of this Law for any Lands or Estates which are owned by the State, isconsidered an aggressor and shall be submitted to punishment as stipulated in Article no.48 of this Law.. Everyone who has initiated by writing informing the Authority for whathe/she is controlling shall be exempted from this punishment. The information submittedshall contain statement of the Land Site, its area and any another information ,and whathas been created in this Land by him/her after the aggression , during a maximum periodof three months begins from the announcement date which is issued by the Authoritythrough the different media. Anyone who has delayed of this deadline would be treated asaggressor on what he/she is controlling of Lands and the Authority in coordinating withthe security and judiciary bodies shall undertake the ensuring measures for recovering theland by legal methods and pursuit the aggressors and handing them to the judiciary.


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Article 59:Every one of those controllers who has informed the Authority on time, according to theprovisions of previous Article, has the right to purchase or rent land, which he/shecontrols. If the land use was contrary of the detailing designs, he/she has the right tosecure another plot as an alternative in the area to fulfill the objective of the previousland, upon which he/she was intending to implement this objective to the fullest. ATechnical Committee shall be formed for estimating the sale or rent prices of these Landsaccording to the principles and standards which shall be set forth by the Minister's Decreefor Formation of the Committee, with due consideration of the situations of those withlimited income.

2.4 Land Acquisition: Key Issues and Procedures

Public Eminent Domain Law no. 1 of 1995: This law aims at locating and identifyingState Lands and Estates9, and placing plans that identify such lands, and protect andmaintain them against any kind of aggression. Public ownership is natural land or landthat has been prepared for public use, after fair possession under Public Interest Law no.21 of 1995. It regulates Land Acquisition for the Public Interest.Article 1: Ministries, authorities and general intuitions may carry out acquisitions for thepublic interest when justified by necessity, in return for a fair compensation inaccordance with this Law of real estate and all the content inclusive of land for thepurpose of the execution of projects that bear public interest.Article 2: "Projects of Public Interest,” are all those related to

Vital projects that have no other alternatives like 1) water sanitation installations,sites of mineral, oil, and gas resources, airports, harbors, dams and irrigation and watersupply projects and 2) shelters, trenches and access and all types of installations requiredby security and defense and

Vital projects which have other alternatives like 1) mosques,cemeteries/graveyards, schools, institutes, universities, hospitals, militarycamps/barracks, police stations, slaughterhouses, orphanages, roads and markets 2)industrial zones, agricultural installations, electricity projects, communications and postalservices 3) national parks, public squares, sport clubs, cultural centers, tourist facilities,housing installations and construction works and projects that are related to theexecutions of approved development and investment plans.

Article 3: In all cases, the act of acquisition of properties of citizens is only reverted towhen it is found that no property owned by the state satisfies the purpose for which theact of acquisition is carried out.

9 Lands and Estates where ownership belongs to the state; or that prove to be owned by the state accordingto documents, deeds, or any other legal justification, or barren lands, forests and jungles if they are not apermanent property of an individual, or coast and their natural protected boundaries and semi-depopulatedislands, or lands and estates that are not owned by an individual, and has no inheritors according theprinciples jurisdictions of the Shari'a Law or, finally, any lands that are considered according to thejurisdictions of the existing laws a State property.


42

Figure 2.2: Types of Land Acquisition Procedures and the Regulating Laws

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

2.5 Institutional Arrangements

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

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

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

PlanningDepartment

It is chaired by an engineer and assisted by engineers who areresponsible for preparation of layouts, their reference to theplanning department, setting out in land and photogrametry.

Types of Land Acquisition Procedures

AdministrativeAcquisition

Amicable/ MutuallyAgreed Acquisition

JudicialAcquisition

Dealt withthrough

Articles 4:5 of Law(1), 1995

Dealt withthrough

Articles 7:11 of Law(1), 1995

Dealt withthroughArticle 6of Law

(1), 1995

TemporaryAcquisition

Dealt withthroughArticles12: 16 ofLaw (1),

1995


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Notary PublicDepartment

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

Control andInspectionDepartment

This is one of the important offices for its daily follow-up,control of any violations whether infringement upon state land,building on unplanned land/without licenses. It imposes finesand refers the violators to the prosecution.

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

2.5.2 The Ministry of Public Works and Highways (MoPWH)

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

2.5.3 The Ministry of Finance (MoF)

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

2.5.4 Local Councils

Local Councils represent the executive authority on the level of governorates. They arerepresented by governors. They play a role in the control of resettlement processes thanksto the executive decrees and instructions of the central organizations and formalization ofinformal cases. A significant role was played by the executive authorities in organizingthe resettlement process (involving IR) in many previous cases in Yemen. Examples ofthis include a case in Aden Governorate, where measures were adapted for the displacedpersons of Caltex shipping village. The role played by the governorate included payingcompensation to the affected persons. In Hadramout, the governor also formed highcommittee headed by Mukalla local council in order to formalize the situations ofsquatter residents.

Local Resettlement Committees (LRC) are considered to be local mechanisms formed bythe local authorities in some governorates to deal with resettlement. This mechanism is a


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positive model that encourages community participation in solving the resettlementissues. These committees, to a large extent, comply with the WB OP 4.12.

2.5.5 Additional Mechanisms

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

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

• Prevailing real estate values within the project area.• The condition of plants, buildings and installations, dates of construction, and the

damage to be imposed.• Any resulting improvement in the location of, or benefit from, the remaining parts of

the real estate, or an increase in its value as a result of partial expropriation.• Other factors identified by the EC.• If the remaining portion of a partially expropriated estate becomes useless, the court

should order the expropriation of the whole estate.

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

Local authorities in some governorates like Hadramout and Aden also initiated localresettlement committees (LRCs) which included, inter alia, representatives of the localauthorities, owners’ representatives and some community leaders. The LRCs objectivewas finding solutions for that resettlement cases both that have been already done as wellas the potential. Their assistance was focusing on individuals who have no legaldocuments (squatters). Efforts were made to compensate those individuals by providingthem with access to appropriate sites with basic services. These procedures and effortshad a positive impact on the resettlement process for those individuals.

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


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2.6 Main Challenges Related to Land Ownership and Institutional Capacities

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

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

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

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

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

The established local mechanisms in the form of LRCs in certain governorates initiatedby the local authorities are specifically tailored to deal with the resettlement problems,


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particularly for people with no formal legal rights10. These people belong to the categoryof vulnerable groups who are not sufficiently protected under the ordinary laws. TheLRCs’ formation, their objectives and performance are principally evaluated assuccessful models that largely comply with the WB policy that encourages localcommunity participation in the resettlement process. This existing mechanism maybenefit the PCDP II in the unlikely case that IR must be undertaken. Moreover, LRCs areseen as replicable models that could be formed in the governorates where they do notexist, such as Hodeidah.

10 PCDP II Draft RPF, 2008


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CHAPTER THREE: WORLD BANK SAFEGUARD POLICIES ONINVOLUNTARY RESETTLEMENT (OP 4.12)

3.1 Policy Principles and Objectives

Involuntary resettlement (IR) resulting from development projects will, if unmitigated,give rise to difficult economic, social, and environmental risks that may lead to a varietyof unacceptable impacts including:

• The dismantling of production systems;• The impoverishment people when their productive assets or income sources are lost;• The relocation of displaced persons to environments where their productive skills

may be less applicable and the competition for resources greater;• The weakening of community institutions and social networks;• The dispersion of extended families and kin groups; and,• The loss of cultural identity, traditional authority, and the potential for mutual help.

Conversely, well-designed and well-implemented resettlement programs may representgood development opportunities. By providing proactive mitigation measures, the policyis used to ensure that Project Affected Persons (PAPs) are not negatively affected byBank-financed projects. The Bank’s involuntary resettlement policy is a road map to beused by practitioners in the identification, preparation, and implementation of Bank-funded programs with a focus on minimizing negative social and economic impacts onindividuals and communities.

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

• Involuntary resettlement should be avoided where feasible, or minimized,exploring all viable alternative project designs;

• Where it cannot be feasibly avoided, resettlement activities should be conceivedand executed as sustainable development programs, providing sufficientinvestment resources to enable the displaced persons to share the project benefits.Displaced persons should be meaningfully consulted and should haveopportunities to participate in planning and implementing resettlement programsand compensation measures; and,

• Displaced persons should be assisted in improving their livelihoods and standardsof living or at least in restoring them, in real terms, to pre-displacement levels orto levels prevailing prior to project implementation, whichever is higher.

These objectives cover direct economic and social impacts that both result from Bank-assisted projects11 and are caused by:

11 Where there are adverse indirect social or economic impacts, it is good practice for the borrower to undertake asocial assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly


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• The involuntary taking of land12 resulting in relocation or loss of shelter, loss of oraccess to productive assets, or loss of sources of income or means of livelihood,whether or not the affected persons must move to another location; or,

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

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

3.2 Resettlement Instruments

In a project triggering OP 4.12, the team must decide which of the three resettlementinstruments are appropriate. These instruments are:

§ A Resettlement Policy Framework§ A Resettlement Action Plan§ A Process Framework

A Resettlement Policy Framework (RPF), as previously mentioned, is prepared when theextent and location of resettlement and/or land acquisition cannot be known at appraisal,(e.g. in projects with multiple components). An RPF should include information on howsubsequent RAPs are developed both with regard to substance and process. The RAP alsoestimates, to the extent feasible, the total population to be displaced and the overallresettlement costs.

The Resettlement Action Plan (RAP) or the Abbreviated Resettlement Plan (ARP),depending upon the scale of impacts, is prepared when the details of the project areknown at appraisal. A full RAP is required when more than 200 individuals are affected,while an ARP is prepared when less than 200 PAPs are affected by the sub-project.

Because this RPF is regarded as a guiding tools that should be used if involuntaryresettlement is undertaken, the sections from 3.4 and until the end of chapter three of thisRPF will shed light on the process of RAP/ARP preparation and the differentresettlement steps within the project cycle. Before this presentation, the followingsections provide definitions for some of the main terminologies that are used in theresettlement process.

upon poor and vulnerable groups. Other environmental, social, and economic impacts that do not result from landtaking may be identified and addressed through environmental assessments and other project reports and instruments.

12 ‘Land’ includes anything growing on or permanently affixed to land, such as buildings and crops. This policy doesnot apply to regulations of natural resources on a national or regional level to promote their sustainability, such aswatershed management, groundwater management, fisheries management, etc. The policy also does not apply todisputes between private parties in land titling projects, although it is good practice for the borrower to undertake asocial assessment and implement measures to mitigate adverse social impacts, especially those affecting poor andvulnerable groups.


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3.3 Key Definitions Taken from OP 4.12

3.3.1 Project Affected Persons (PAPs)

In this policy framework, affected persons are defined as individuals who may besubjected to adverse economic, social, or cultural impacts by the WB’s assisted sub-projects. According to OP 4.12 of the WB, these impacts may constitute anything fromthe loss of physical assets such as land, farm land, crops, commercial properties, homes,personal belongings, sources of income, and cultural / historical / religious sites, to non-physical assets such as social capital and cultural networks and activities. Moreover,adverse impacts also include the loss of access to the physical and non-physical assetsand the involuntary restriction of access to legally designated parks and protected areas.These types of impacts are very unlikely to affect people and assets under the PCDP IIand resettlement actions are very unlikely to be triggered. Table 6 below highlights someof the key losses that are covered by the IR policy of the WB.

Table 3.1: Type of Losses Covered by OP 4.12Asset Potential Loses

Land

§ Agricultural land (rented or owned)§ Urban land (rented, owned, or occupied)§ Commercial / business property (rented, owned, or occupied)§ Access to land

Structures § Houses or living quarters (rented or owned)§ Other physical structures (rented or owned)

Income

§ Income from crops§ Income from wage earnings§ Income from fishing areas§ Income from affected business§ Access to formal employment opportunities

Communal13

§ Public Schools§ Public Hospitals§ Markets§ Community centers§ Cemeteries§ Social capital: networks, activities, relationships

Religious andCultural14

§ Religious shrines§ Worship areas (mosque, church, synagogue)§ Cultural / historical sites

Environmental§ Access to natural resources§ Negative environmental impacts resulting from land

acquisition or from the sub-project itself

13 The sub-projects should not be permitted to infringe on or damage in any way public cemeteries orprivate graveyards or graves physical assets. If extremely necessary, such cases shall be subject to the lawsof the GoY in this regard.14 The sub-projects should not be permitted to infringe on or damage in any way religious or culturalphysical assets. If extremely necessary, such cases shall be subject to the laws of the GoY in this regard.


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PAPs eligible for support may be classified as one of three groups:§ Those who have formal, legal rights to land, including customary and

traditional rights, recognized under the laws of the country;§ Those who have no formal legal rights to land at the time the census

begins but have a claim to such land or assets15, provided such claims arerecognized under the laws of the country or become recognized through aprocess identified in the resettlement plan; and,

§ Those who have no recognizable legal right or claim to the land theyoccupy

Specific attention should be paid to the needs of vulnerable groups, as defined andexplained in more details below.

The average number of PAPs under the PCDP II is difficult to quantify at this stage.However, as mentioned during the stakeholders’ consultation for the preparation of theESIAs, there is a risk of temporary disturbance to the economic activities of thefishermen in Hodeidah Fishing Port, street sellers in Mukalla traffic intersections andsellers in Aden markets, particularly during the construction activities. The ESMPpresented mitigation measures that will adequately deal with this risk and will ensure thatthe negative impact on local people livelihoods is reduced to minimal.

3.3.2 Vulnerable Groups

Vulnerable groups are not explicitly referred to in the Yemeni legislation; however,certain pieces of legislation explain that the State shall guarantee the provision of socialsecurity to all citizens in cases of sickness, disability, unemployment, old age or loss offamily provider. In particular, the State, in accordance with the law, guarantees the sameto the dependents of martyrs (Shuhada) (Article 56 of the Yemeni Constitution).

Under the World Bank OP 4.12, there is clear emphasis on the need to give specialattention to the rights of vulnerable groups to make sure that they are not excluded fromany measures adopted within the overall resettlement actions. Importance is given to afair treatment of vulnerable group out of a belief in the role played by social identity indetermining who has access to which resources. Vulnerable groups are normally at ahigher risk of impoverishment. Consideration must be given and assistance provided,where necessary, to those most vulnerable to the adverse impacts of resettlement. Amongother categories, vulnerable groups could include the following:

• Those living below the poverty line, and the landless;• Elderly, women and children, indigenous peoples, and ethnic minorities; and,• PAPs who may not be protected through national land compensation

legislation.

15 Such claims may derive from adverse possession, continued possession of public lands without government actionfor eviction (that is, with the implicit leave of the government), customary and traditional law and usage, etc.


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The resettlement instruments, namely RAP / ARP include the implementation of a socio-economic survey. This survey, which will be explained in more details below, is animportant tool that helps in identifying the vulnerable groups of relevance to the project’sspecific context. Through the socio-economic survey, information related to theappropriate types of compensation and assistance for the vulnerable groups is gained.These types of assistance are various and might include, for example, assistance with thecompensation payment procedure (e.g., going to the bank with the person to cash thecompensation check); assistance with the post payment period to secure thecompensation money and reduce risks of misuse/robbery, assistance during moving,providing a vehicle, a driver and assistance at the moving stage, providing materials,labor, or building houses, assistance with health care at critical periods such as themoving and transition periods, etc.

Within the context of PCDP II, certain categories are considered more vulnerable to theadverse impacts on livelihoods. These mainly include:

• Small scale fishermen in Hodeidah Fishing Port• Informal street sellers and vendors in Mukalla• Poor and informal market sellers and vendors in Aden

Measures to consult these categories and ensure that their interests are protected wereproposed by the ESIA. Responsibilities for implementing these measures were alsoclearly spelled out by the ESMP. A large portion of the responsibility should be taken bythe NCU which will work to ensure and facilitate the efficient implementation of themitigation measures and create communication channels between these categories and thevarious authorities in charge of implementation, including the Local Councils.

3.3.3 Eligibility Criteria

All PAPs who suffer a complete or partial loss of assets or access to assets shall beeligible for some kind of assistance, according to their legal rights to the land, if it can beproven that they occupied the land before the claim cut-off date16. The Bank OP 4.12specifically proposes three general categories for eligibility, as explained under section3.3.1 PAPs, and illustrated in more detail in Table 7 below.

16 The cut-off date is the date the census begins. This date could also be the date the project area was delineated, priorto the census, provided there has been effective public dissemination of information on the area delineated, andsystematic and continuous dissemination subsequent to delineation to prevent further population influx. It is importantto note that persons who encroach onto the area after the cut-off date are not entitled to compensation or any other formof resettlement assistance.


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Table 3.2: Criteria for Eligibility (OP 4.12)Displacement Category EntitlementIndividuals who have formallegal rights to land(including customary andtraditional rights recognizedunder the laws of Yemen)

§ Compensation for loss in land and assets at fullreplacement cost.

§ In case of physical relocation, provide assistance duringrelocation (i.e. moving allowances) and residentialhousing and / or agricultural sites with productive andlocation advantages equivalent to the lost sites.

§ Support after displacement, until livelihoods andstandards of living are restored to pre-displacementlevels.

§ Development assistance in addition to compensationmeasures (i.e. land preparation, credit facilities,training, job opportunities).

Individuals who do not haveformal legal rights to land,but have a claim to suchland or assets (provided thatsuch claims are recognizedunder Yemeni laws orbecome recognized througha process identified in theresettlement plan)

§ Compensation for loss in land and assets at fullreplacement cost.

§ In case of physical relocation, provide assistance duringrelocation (i.e. moving allowances) and residentialhousing and / or agricultural sites with productive andlocational advantages equivalent to the lost sites.

§ Support after displacement, until livelihoods andstandards of living are restored to pre-displacementlevels.

§ Development assistance in addition to compensationmeasures (i.e. land preparation, credit facilities, training,job opportunities).

Individuals who have norecognizable legal right orclaim to the land they areoccupying (i.e. squattersettlements, disputedownership).

§ Resettlement assistance as appropriate (i.e. land, assets,cash, employment, etc.).

Source: WB OP 4.12

A project triggering OP 4.12 is required to develop a procedure satisfactory to the Bankfor establishing the criteria by which PAPs will be deemed eligible for compensation andother resettlement assistance. The procedure includes provisions for meaningfulconsultations with PAPs and PAP-communities, local authorities and relevant NGOs, andfor the development of grievance mechanisms.

3.3.4 Compensations and Methods for Assets Valuation

3.3.4.1 Assets Valuation

The valuation of losses in physical assets will be carried out by assessing the marketvalue of the assets, if known, and estimating the replacement cost. Replacement cost issimply calculated as the cost of replacing the lost assets plus any transaction costs


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associated with bringing the asset to pre-displacement value. Replacement cost will differdepending on the type of asset, as illustrated in Table 8 below.

Table 3.3: Replacement Cost for Tangible AssetsAsset Replacement CostAgriculturalLand

Equals the pre-project or pre-displacement, whichever is higher,market value of land of equal productive potential or use located inthe vicinity of the affected land, plus the cost of preparing the land tolevels similar to those of the affected land, plus the cost of anyregistration and transfer taxes.

Urban Land Equals the pre-displacement market value of land of equal size anduse, with similar or improved public infrastructure facilities andservices and located in the vicinity of the affected land, plus the costof any registration and transfer taxes.

Houses / OtherStructures

Equals the market cost of the materials to build a replacementstructure with an area and quality similar to or better than those of theaffected structure, or to repair a partially affected structure, plus thecost of transporting building materials to the construction site, plusthe cost of any labor and contractors’ fees, plus the cost of anyregistration and transfer taxes.

Source: WB OP 4.12

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

3.3.4.2 Asset Valuation Method

Law no. 21 of 1995 concerning State Land and Real Estate defines the formation of theEstimation Committee (EC) to be in charge of estimating the value of compensation. Thecommittee should consist of a judge, an engineer, representative of the expropriatedentity, and the owner of the expropriated real estate. The law stipulates that the ECshould look at number of plantations and establishments. If there was more than oneowner and they did not agree on one representative, then the majority decides. Otherwisethe president shall appoint an expert as a representative of the owner. Decisions of the ECare based on the majority vote.

3.3.4.3 Compensations

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

Compensation will be provided to all individuals whose assets or access to assets isseverely affected or damaged, as a consequence of land acquisition or any other activities


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undertaken by the sub-projects. The compensation for the loss of physical and non-physical assets will vary depending on the type of loss, severity of the loss, and eligibilityof the APs. Compensation may come in the form of cash compensation, in-kindcompensation, and/or assistance.

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

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

As part of the resettlement process, a resettlement matrix identifies the expected negativeimpacts from the sub-project, the eligible persons for compensation, and thecompensation policy that is to be applied. Since PCDP II is still in the appraisal stage,and plenty of the detailed implementation activities have not be defined, the attachedentitlements matrix in Annex 2 may serve as a generic tool for identifying the possiblelosses arising from the expected sub-projects and the respective entitlement benefits ofthe PAPs.

Measures should be considered to ensure that PAPs are:• Informed about their options and rights;• Consulted on, offered choices among, and provided with technically and

economically feasible resettlement alternatives; and,• Provided with prompt and effective compensation at full replacement cost for

losses of assets attributable directly to the project.If the impacts include physical relocation, the project includes measures to ensure that thePAPs are:

• Provided assistance, such as moving allowances, during relocation; and,• Provided with residential housing, or housing sites, or, as required, agricultural

sites for which a combination of productive potential, location advantages, andother factors are at least equivalent to the advantages of the old site.

Where necessary to achieve the objectives of this policy, the RAP/ARP also includesmeasures to ensure that PAPs are:

• Offered support after displacement, for a transition period, based on a reasonableestimate of the time needed to restore their livelihood and standards of living;

• Provided with development assistance in addition to compensation measures;


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• Provided with land preparation, credit facilities, training, or job opportunities

3.4 Introduction to RAP/ARP

The RAP/ARP is the most important resettlement instrument that will be applied shouldIR be undertaken. RAP/ARP should assess the number of PAPs, propose alternativelocations for the sub-projects if possible, identify the eligibility criteria, includeprovisions for compensation and assistance, and address the means by which the projectmonitoring and evaluation will take place to ensure that the PAPs receive theircompensation and that their grievances are heard and addressed. The mitigationmeasures and compensation policies proposed in the RAP shall be disclosed to the PAPsfor feedback and comments.

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

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

Box 3.1: Design Criteria for RAP• A description of the sub-project and a discussion of how the displaced will

maintain or upgrade their living standards• Identification of potential impacts• Objectives of RAP• Site selection for new settlement, along with relocation risks and reconstruction;• A census survey of displaced persons and valuation of assets• Relevant findings of the socio-economic study• Legal framework• Institutional framework• Eligibility criteria and eligible PAPs• Valuation and compensation for losses• Services offered after relocation (e.g. employment , electricity, etc.) based on an

assessment of their needs• Resettlement measures• Site selection, site preparation, relocation, provision of services (facilitation of

relocation)• Housing, infrastructure, and social services• Environmental protection and management• Community participation• Integration with host populations• Grievance procedures• Organizational responsibilities and timetable (what institution is responsible for


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implementation of the relocation)• Implementation schedule• Costs and budget• Monitoring implementation and outcomes• Evaluation

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

Box 3.2: Minimum Elements to be included in ARP• Project activities requiring acquisition of land or other assets with required details

such as sketch maps• A census survey of displaced persons and valuation of assets• Officially certified enumeration of the persons affected and the types of impact• Entitlements, description of compensation and other resettlement assistance to be

provided and the bases of compensation rates• Consultations with displaced people about acceptable alternatives• Institutional responsibility for implementation and procedures for grievance

redress• Time table for implementation of the action• Arrangements for monitoring and implementation• A timetable and budget

3.4.1 RAP/ARP and the Project Cycle

3.4.1.1 PRA/ARP during Project Identification

3.4.1.1.1 Project Screening

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

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

3.4.1.1.2 Preparation of the Socio-economic Survey

Following the identification of the project component that may necessitate involuntaryresettlement, the next step would be prepare a socio-economic study, in which baselinedata within the project’s target areas is collected. The study should be carried out by a


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social and resettlement consultant assisted by the local community leaders. It shouldexamine the nature of the impacts; the socio-economic and cultural setting, localorganizations, and social risks, total land holdings, affected assets as well as theindicators that would ensure that the project affected people, at minimum, regain theirformer quality of life or, preferably, are enabled to improve it. The information should becollected from PAPs and related household members or dependents. This informationwill be put in writing and used in the preparation of the RAP and in determining theappropriate compensation and assistance for each affected individual / household. Box 3below shows the objectives of socio-economic survey.

Box 3. 3: The Socio-economic Survey Objectives§ Introduce the project to the PAPs§ Collect census data to identify PAPs on the individual and household levels§ Description of the affected households including information about livelihoods

and production and labor systems, standards of living and an analysis of theirlegal rights and informal entitlements and any issues of potential conflict

§ Collect census data to identify vulnerable and severely affected PAPs§ Collect census data on the overall socio-economic environment of the affected

communities§ Statement of the magnitude of the expected loss (total or partial) of assets and the

extent of physical or economic displacement§ Identify stakeholders§ Identify impacts of the sub-project on the livelihoods of the PAP (i.e. property,

structures, income, etc.)§ Identify any concerns or worries the PAPs may have§ Identify the resettlement preferences of the PAPs

3.4.1.1.3 Preparation of RAP/ARP

For projects that will trigger IR and will require the preparation of the RAP/ARP, theirpreparation should be considered prior to the appraisal phase. The preparation of theRAP/ARP should consider the key design criteria previously presented in Boxes 1 and 2above.

3.4.1.2 RAP/ARP during Project Appraisal

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


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3.4.1.3 RAP/ARP during Project Implementation

1- Prior to the project implementation, PAPs that have been determined to be eligible forcompensation should be compensated in accordance with the approved project’sRAP/ARP. This includes providing the PAPs with cash compensation, preparing theresettlement sites with the adequate structures and facilities, and / or providing differentdevelopment and transitional assistance measures to assist the displaced persons.2- A cut off date should be determined by one month from the disclosure of the censusand contradictory verifications of the census by the PAPs. Persons who encroach onto thearea after the cut-off date are not entitled to compensation or any other form ofresettlement assistance. Affected individuals, households, and communities, who havebeen identified earlier under the socio-economic survey, will be consulted about theircompensation preferences.3- The PAPs will be formally informed through written or verbal notification (in casesome of the PAPs are illiterate) delivered in the presence of at least one public official.The NCU as well as any local resettlement mechanism that might be initiated (e.g. LocalResettlement Committee) will arrange meetings with the affected individuals /households to document the lands acquired by the sub-project throughout theimplementation period and discuss the compensation process.4- The PAP will be required to sign a contract detailing the acquired land plots and / orpartially or completely affected structures and the corresponding types of compensation(i.e. cash or in-kind) that have been agreed upon. The signature of the compensationcontracts as well as the actual payments and in-kind transfers shall be made in thepresence of at least one public official from the city authorities. The contracts may alsoinclude contracts on possible transitional or developmental assistance and incomerestoration measures that will be given to the PAPs including, provision of skills training,access to credit, and activities related job opportunities.5- A grievance mechanism should be devised in order for the PAPs to be able to voicetheir concerns, complaints, or dissatisfaction with any part of the compensation processand seek redress. The RPF sets the outline of the grievance mechanism that should beagreed upon and used by the project in case RAP/ARP is triggered. Simply, complaintscan be made concerning the:

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

The grievances should be addressed to the previously proposed local mechanisms (LRC)or special committees might be formed as an independent mechanism for the purpose ofreceiving and responding to grievance in order to ensure that PAPs grievances are treatedfairly and timely. The committee should collect and review the grievances (incoordination with the representative local public official) monthly and the NCU shouldalso play a role in facilitating the response to these grievances. Particular attention will bepaid to vulnerable groups. It is also very important for the committees to ensure properdocumentation for all grievances and their resolution within timely manner for the


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monitoring process. Capacity building of the local committees is essential in order toenable them to efficiently implement the different activities under the RAP/ARP (thiswill be mentioned in more details below).

World Bank OP. 4.12 emphasizes that the PAPs should be heard. Therefore, they shouldbe fairly and fully represented in an appropriate way. It is recommended to minimize thecases that are taken to the court in order to avoid long and tiring litigation. However, ifthe grievances or other disputes cannot be resolved through administrative action, thePAPs can initiate legal proceedings in accordance with provincial and national law(Article 51 of the Yemeni Constitution17) and have recourse to the Appellate Courts andthe Supreme Court but this should be maintained as a last option. The grievance redressapproaches could be divided into proactive and reactive approaches as illustrated underFigure 3 below.

Figure 3.1: Main Approaches for the Grievance Redress

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

Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have thefollowing objectives:

• Monitoring of specific situations or difficulties arising fromimplementation and of the compliance of implementation with objectivesand methods set out in the RAP/ARP;

17 A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall beentitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct orindirect manner.

Grievance Redress Approaches

Proactive approacha) Widespread disclosure of projectbackgroundb) Clarification of criteria for eligibilityfor assistance under the RPFframeworkc) Establishing a committee ofhonorable and respected persons(community leaders, Local Councils,religious persons, etc.), to review anygrievances that may result from theproject (e.g LRC)

Reactive approach,a) Settle disputes amicablyb) Deal with disputes to the extentpossible at the local level using localmechanisms, particularly those thatinsure vulnerable groups get fairtreatmentc) If disputes cannot be solved at thelocal level, the NCU and otherrelevant organizations should reviewspecific complaints. Highly skilledpersons in communication anddispute resolution should reviewPAPs grievances


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• To verify that project activities have been effectively completed with respect toquantity, quality and timeliness;

• Evaluation of medium and long-term impacts of resettlement on affectedhouseholds’ livelihood, environment, local capacities and economicdevelopment.

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

3.4.1.4.1 Internal Monitoring

Internal monitoring of the implementation of the project RAPs will be the responsibilityof the NCU which includes a staff member dedicated to monitoring results. This shouldbe done in full collaboration with locally devised resettlement mechanisms. The NCUwill oversee the progress in resettlement preparation and implementation through regularprogress reports. The NCU should collect information every month from the differentresettlement committees. A database of resettlement monitoring information should beestablished and updated monthly. Quarterly internal monitoring reports should beprepared by NCU and submitted to the WB. Quarter reports shall include informationabout the various monitoring indicators as presented in Box 4 below.

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

Box 3.4: Guidelines for the Monitoring Indicators

The main indicators that will be monitored regularly are the following:a) Checking that the screening activities that have been carried out in order todetermine the need for the preparation of a RAPb) Payment of compensation to PAPs in various categories, according to thecompensation policy described in the RAP; with special focus on the vulnerable groupsand no discrimination according to gender, tribal backgrounds or any other factorc) Delivery of technical assistance, relocation, payment of subsistence and movingallowancesd) Delivery of income restoration and social support entitlementse) Public information dissemination and consultation procedures


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f) Adherence to grievance procedures and outstanding issues requiring management’sattention and equality of accessg) Attention given to the priorities of PAPs regarding the options offeredh) Co-ordination and completion of resettlement activities and award of civil workscontracts

3.4.1.4.2 External Monitoring

In accordance with WB requirements for consultant procurement, the NCU should hirean organization for the independent monitoring and evaluation of RAP/ARPimplementation. The organization should be specialized in social sciences andexperienced in resettlement monitoring. The organization should start its work as soon asthe updated RAP has been approved.

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

§ The competence and effectiveness of the project implementing agencies (NCU)§ Adequacy of compensation, development and transitional assistance techniques

provided for the PAPs§ Ability to reach the most vulnerable PAPs§ Consultation and public disclosure of the RAP§ Effectiveness of the grievance redresses mechanism

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

§ General assessment of the compliance of resettlement activities with the objectivesand methods as set out in this RPF

§ Assessment of the compliance of resettlement activities with the laws, regulations andsafeguard policies cited above

§ Assessment of resettlement and relocation procedures as they have been implemented§ Evaluation of the impact resettlement and relocation has on incomes and standard of

living, with the focus on the poor and the most vulnerable§ Identification of actions to improve the positive impacts of the program and mitigate

its possible negative impacts

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


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The evaluation of resettlement activities will be part of general assessment and reviewactivities undertaken for the PCDP II as a whole.

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

Figure 3.2: RAP/ARP along the Project

3.5 Sources of Funding for the RPF/ARP

As soon as the activities triggering IR have been identified and approved by relevantagencies and the WB, realistic cost estimates shall be calculated based on the datacollected from the socio-economic survey on the estimated number of PAPs that arelikely to be affected by the sub-projects and the quantity and types of affected assets. Theconsultant in charge of the RAP/ ARP preparation shall consider that the budget should

(4)Project Monitoring

& Evaluation

(3)Project

Implementation

(2)Project Appraisal /

Approval

(1)Project

Identification /

ProjectCycle

⇒ Review RAP/ARP

⇒ Approve RAP/ARP

⇒ Form and build the capacities ofLocal Committees

⇒ Sign compensation contracts⇒ Pay compensations

⇒ Establish grievance mechanism

⇒ Internal monitoring forResettlement activities and

RAP/ARP Process⇒ External monitoring for

Resettlement activities andRAP/ARP Process

⇒ Screening (land surveying andplanning)

⇒ Socio-economic survey

⇒ Prepare RAP/ARP


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include all of the anticipated impacts under the sub-project and calculate the cost(compensation, administrative costs and monitoring, support assistance, Etc.) accordingto actual replacement costs (at market value). The NCU, supported by the WB, should beresponsible for any compensation for land acquisition as well as any capacity buildingactivities done as part of the RAP/ARP process.

Under the PCDP II, it is not expected that RAP/ARP for any of the project componentswill be needed. However, some contractual procedures have been proposed by the ESMPin order to minimize any potential negative impacts on the income and livelihoods of thelocal communities in the three cities. It is expected that these procedures will be fullyfunded by the contractor. Other complementary mitigation measures like carrying out alocal street seller/shops survey in Mukalla and carrying out regular consultation meetingswith the fishermen and other port users in Hodeidah have been considered with budgetallocations under the ESMP budget.

3.6 Institutional Responsibilities under the RAP/ARP

3.6.1 The World Bank

In meeting the objectives of the Bank’s policy on Involuntary Resettlement, the Bankmay at a Borrower’s request support concerned entities by providing:§ Assistance to assess and strengthen resettlement policies, strategies, legal

frameworks, and specific plans at a country, region or sector level§ Financing for technical assistance to strengthen the capacities of agencies

responsible for resettlement, or of affected people to participate more effectivelyin resettlement operations

§ Financing for technical assistance for developing resettlement policies, strategies,and specific plans, and for implementation, monitoring, and evaluation ofresettlement activities

§ Financing for the investment cost of resettlement

Along the RAP/ARP cycle, WB is also responsible for:

§ Screening findings and advise on the need for RAP/ARP and whether or not otherremedial actions need to be taken

§ Approving the developed RAP/ARP prior to the execution of sub-projects orexpropriation activities

§ Contracting the external monitoring consultant§ Reviewing monitoring reports and send feedback to the NCU

3.6.2 The National Coordination Unit (NCU)§ Screen the project activities to check if any activity will result in land acquisition

and involuntary resettlement§ Hire resettlement consultant for the preparation of the RAP/ ARP§ Prepare the ToRs for the LRC§ Follow up the formation of LRC and coordinate with the local authorities


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§ Ensure the interest of PAPs, particularly the vulnerable groups, are well addressedby the RAP/ARP

§ Send RAP/ARP for WB approval§ Facilitate the different consultation activities§ Participate in responding to the grievance and work towards solving related issues§ Oversee/Monitor the progress in resettlement preparation and implementation

through reviewing regular progress reports from the LRC§ Report regularly to the WB on resettlement activities (RAP/ ARP

implementation)§ Keep records, documentation and ensure data compilation in a way that facilities

the task of the external monitoring the process as part of the monitoring activities(e.g. grievance process and action taken)

§ Participate in preparing the external monitoring consultant ToR according to theWB standards

§ Build the capacities of the local resettlement mechanisms including LRC on PAPsconsultation techniques

§ Review the external monitoring report

3.6.3 Local Authorities (Local Councils)In the three targeted cities, the Local Councils are the key governmental authority ofrelevance to the execution of the resettlement program. Their potential responsibility inthe RAP/ARP execution should involve:

§ Coordinating with other governmental organizations of relevance to theresettlement program (GALSUP, MoPWH)18

§ Following up on the resettlement process§ Following up on the imbursement of compensation and the provision of the

development assistance§ Insuring the concerns are consulted and their interests are considered§ Through participation in the LRC, playing a role in facilitating responsiveness to

the PAPs grievances

3.6.4 Non Governmental Organizations (NGOs)

NGOs are key players that should be involved to ensure the efficiency of the resettlementactivities and that they are designed and implemented in a manner which is sensitive tothe interests of the poor and vulnerable groups. In addition to the necessity of NGOsrepresentation in the proposed LRC, NGOs are also recommended to participate in:§ Coordination for the provision of supporting facilities/loans/ employment/capacity

building programs, etc. based on the PAPs’ needs§ Facilitation of access to the most vulnerable groups and ensuring fair representation of

different social subgroups (e.g. women, youth, children, etc.)§ Raising funds and mobilizing resources to target PAPs as a method for improving their

living conditions post resettlement.

18 Representatives from these organizations as well as any other organizations of relevance should berepresented in the LRC.


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3.6.5 External Consultant (s)The input of external consultant will be needed along the PCDP II in case IR is triggeredand a need arises for the preparation of RAP/ARP. Consultant will be needed to assist inthe following issues:

Resettlement and Capacity Building§ Assist NCU in the preparation of the RAP/ARP, particularly designing and

applying the socio-economic survey§ Prepare training materials and provide the training to LRC member on legislative

issues related to resettlement (particularly OP 4.12) as well as methods forengaging and consulting stakeholders (particularly PAPs) and monitoringtechniques, and evaluate the training outcome

Monitoring and Evaluation (M&E)§ Verify that project activities have been effectively completed with respect to

quantity, quality and timeliness§ Assess whether and how well these activities are achieving the stated goals and

purpose of the project§ Design monitoring tools§ Carry out all the field surveys, investigation activities and stakeholders

consultations as part of the monitoring process§ Review prepared monthly and quarterly monitoring reports and other secondary

data


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CHAPTER FOUR: GAPS BETWEEN YEMEN LEGISLATION AND THEWORLD BANK OP 4.12

4.1 Discrepancies between Yemeni Laws and OP 4.12Many of the Yemeni pieces of legislation comply with the World Bank safeguard policyOP 4.12. However, some key discrepancies have been identified during the legislationreview and the consultation with stakeholders.

4.1.1 Calculation and Timing of CompensationBoth Yemeni Laws and the World Bank agree on the need for compensation for any landand structures affected by project activities. Under Yemeni laws, the value of the affectedland structures is assessed by the Estimation Committee (EC) and payment prior todisplacement in case compensation is alternative land. OP 4.12 clearly provides methodsto be used to calculate land and/or structure compensation rates, and requires evidencethese rates are consistent with the policy principle of full replacement value (please referto Table 3.2 above). OP 4.12 also states that payment should be paid prior todisplacement.

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

Recommended Measures for Bridging the Gap:§ Build the capacity of the concerned authority on Bank’s OP 4.12 with the focus

on calculation of compensation at full replacement cost§ For a longer term recommendation, which might be out of the direct scope of this

RPF, longer term strategy and plans to address the weak implementationmechanisms of the Yemeni organizations should be considered

§ Payment should be made prior to displacement in all cases

4.1.2 Definition of Affected Persons (PAPs)The Yemeni legislation (according to Law no. 21 of 1995) include two main categories ofaffected groups, namely legal owners and squatters. OP 4.12, however, includes allaffected people owners/squatters, regardless of the size of the damage (housing/economicactivity) and its extent.

Recommended Measures for Bridging the Gap:All affected people should be eligible for full compensation. Any PAPs from housingdispossession /economic activity shall be entitled to compensation as stated by the OP4.12.

4.1.3 Public Participation, ConsultationThe Yemeni Constitution, Election Law and Local Administration Law each recognisethe importance of community participation, but no specific procedures or guidelines onthe practical application of community participation are given. According to Law no. 21of 1995, PAPs should be informed about the resettlement decisions through the


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compensation committees that negotiate with them and gather information about assetinventory, number of family members, etc. On the other hand, and according to OP 4.12,displaced persons and their communities are provided timely and relevant information,consulted on resettlement options, and offered opportunities to participate in planning,implementing, and monitoring resettlement. Community participation, thus, is perceivedas a key ingredient in the process of the resettlement.

Recommended Measures for Bridging the Gap:Through the LRC, which includes the local council members and lanes natural leaders,PAPs should be consulted and participate in selecting the preferred resettlementalternatives that suit them.

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

4.1.4 Grievance MechanismsUnder Article 51 of the Constitution, any citizen may resort to the court for the protectionof his right and legitimate interests, and is entitled to lodge complaints, criticisms, andsuggestions to state entities and organizations, directly or indirectly. The Yemeni lawprovides for the right of grievance before the Estimation Committee/courts. To addressgrievances, PAPs can first seek satisfaction through local customary practices forresolving conflict. They can then initiate legal proceedings in accordance with provincialnational law. However, there is need for proper and practical mechanism to address PAPgrievances.According to the OP 4.12, appropriate and accessible grievance mechanisms should beestablished in order to insure PAPs clearly spell out grievances and that actions are takento respond to these grievances.

Recommended Measures for Bridging the Gap:Gaps between the Yemeni law and World Bank requirements on consultation andgrievance mechanisms could be addressed by:• Proper and accessible mechanisms to be established with initiation from the NCU and

with full cooperation from various stakeholders, namely those represented in theLRC.

• Grievances should be heard prior to resettlement

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


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Recommended Measures for Bridging the Gap:• The NCU should pay great attention to these groups particularly the poorest and those

with unsecured sources of income. NCU should lead the efforts to attract the attentionof various concerned stakeholders including Local Councils and NGOs.

• Vulnerable groups should be consulted meaningfully throughout the project cycle andassisted in improving their socio-economic condition.

4.1.6 Resettlement assistanceAccording to Yemeni Legislation, the resettlement compensation is only limited to thecompensation amount valuated by the ad hoc committee, in addition to providing all theneeded services. On the other hand, the WB OP 4.12, affected people are to be offeredsupport after displacement, for a transition period.

Recommended Measures for Bridging the Gap:In addition to the paid compensation based on the decision of EC and upon the preferredalternatives for the PAP, resettlement assistance during the transition period should alsobe considered as well as the provision of all services for resettlement area.

4.1.7 Rights of SquattersYemeni law recognizes the rights of squatters on public land to receive compensation inthe event of involuntary settlement, but enforcement is weak.

Recommended Measures for Bridging the Gap:• Build understanding and capacity to ensure rights of the squatters are addressed

properly.• Include the provision of clear guidance to the EC on how compensation standards are

set and applied.• Raise the public awareness of squatters and the public on their rights and

responsibilities to demand them from the State as appropriate within laws andregulations.

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

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

Under the PCDP II, the National Coordination Unit (NCU) will remain located in Aden.All fiduciary safeguarding, monitoring and reporting will remain centralized in the NCU.


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Branches of the NCU are located in Hodeidah and Mukalla to coordinate theimplementation of sub-projects in these cities with local government and beneficiaries.The NCU will play a major role in the implementation of the RAP/ARP guided by thisRPF, in case IR is triggered. Currently the NCU experience related to the involuntaryresettlement is still limited, capacity building on relevant issues related to the executionof the RAP/ARP is also very important in case IR is undertaken. Tailored capacitybuilding programs should also target the NCU staff, particularly the Social Developmentofficer who should be the primary target with the capacity building. M&E staff within theNCU should also be included in the capacity building program.

The capacity building needs assessment is expected to show findings which are notmerely linked to the need for training on the different subjects. A need for institutionalsupport might emerge. The overlapping responsibilities and a lack of coordinationchannels among the organizations of relevance to resettlement and compensation are keyissues of priority. Although this is out of the direct scope of the PCDP II, unless theseissues are addressed, land management and resettlement programs will remain a bigproblem in Yemen.

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

⇒ The first is related to the legal part of the resettlement issue⇒ The second should be linked to community participation which is an essential

ingredient for the RAP/ARP that is prepared under OP 4.12 (as shown in Figure 4.1below)


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Figure 4.1 PAPs Consultation and Participation in the RAP/ARP along the ProjectCycle

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

(4)Project

Monitoring &Evaluation

(3)Project

Implementation

(2)Project Appraisal

/ Approval

(1)Project Identification /

Preparation

ProjectCycle

⇒ Communities (PAPs) are

informed about the approved

RAP/ARP

⇒ PAPs will be part of thecompensation contracts

⇒ PAPs will be given the chanceto express grievance and

redress

⇒ Ensure PAPs views andconcerns are concerned

⇒ Participate in evaluatingthe RAP/ARP process

by being consulted

⇒ PAPs participate in theintroductory meetings

⇒ PAPs are informed aboutthe project and RPF

⇒ PAPs are consulted during thesocio-economic survey


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

RPF-related issues§ Yemeni legislations related to resettlement§ WB OP 4.12 (PAPs, eligibility criteria, assets valuation, compensation, entitlements)§ The gaps between Yemeni legislation and WB safeguard policy and activities to fillin those gaps

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


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REFERENCES

Port Cities Development Program II, Resettlement Policy Framework (RPF), 2008(Draft)

Port Cities Development Program II, Environmental and Social Impact Assessment,Hodeidah Projects, EcoConServ, November 2009 (Draft)

Port Cities Development Program II, Environmental and Social Impact Assessment,Mukalla Projects, EcoConServ, November 2009 (Draft)

Port Cities Development Program II, Project Appraisal Document (PAD), World Bank,February 2009 (Draft)

Resettlement Policy Framework for the Integrated Sanitation and Sewage InfrastructureProject (ISSIP), EcoConServ, October, 2007

Resettlement Policy Framework (RPF), Assistance for Sector-wide Environmental andSocial Assessment, Consulting Engineering Services, India, October, 2008 (Draft)

Resettlement Policy Framework (RPF) for the Rural Energy Access Project (REAP),EcoConServ, Yemen, March 2009

Taiz Municipal Development and Flood Protection Project, Draft RPF, December 2009

Yemen Poverty Assessment, the World Bank, 2007


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Annex 1: Types of Acquisition and the Regulating Articles of Law no. 1 of 1995 onPublic Eminent Domain Law

1- Administrative Acquisition

Article 4 of Law no. 1 of 1995 states that administrative acquisition of real estate owned by thegovernment entities, authorities, institutions, corporations, and public companies is carried out inaccordance with the following:

§ Agreement takes place between the two parties on the issue of acquisition where thequestion of compensation gets settled.

§ Any disagreement between the two parties with respect to acquisition is settled by therespective minister if the parties serve under the same ministry. The Council of Ministerswill settle any disagreement between the two parties if both happen to serve underdifferent ministries. The ruling of the minister or the Council of Ministers, whatever thecase may be, shall be final and binding.

§ If two parties do not agree on the question of compensation, then each of them has theoption of applying to the Estimation Committee (EC), primarily to register in the estateregister, to provide an estimate of the compensation as provided for in this law, andwhose ruling shall be final and binding for the two parties.

§ The agreement of two parties or the decision of the EC shall constitute the basis forregistering in the real estate register after presenting documented proof that theacquisitioning party has received the compensation amount and that this amount has beendeposited into the department of the real estate registry or the treasury of the primarycourt in which domain the real estate is located, unless otherwise a different agreementexists.

Article 5 of the law referred to above states that these provisions do not apply to real estate whichan endowment, since no acquisition may take place except with a court ruling in accordance withthe endowment law.

2- Judicial Acquisition

Articles 7 to 11 of the law above defines the Judicial Acquisition procedure that is either directlyor indirectly related to the project:

a) The party that possesses the legal right to carry out acquisitions must submit an applicationfor acquisition to the court of appeal in the governorate in which the real estate is located.The application should consist of a description of the project that will be of common benefitand for which the real estate will be acquisitioned, a list the registration of names of realowners of the real estate together with their addresses, location of the real estate, a mapshowing the area of land that will required to be acquisitioned, and a statement describing theunderlying motives for acquisition along with all relevant information.

b) The court must set a date to look into the issue of acquisition during a period of time no laterthan fifteen days from the date of the application there. The court would then notify theDepartment of the Real Estate Registry to freeze all actions concerning the real estate.

c) The court must then check the validity of the statements describing common benefit, andascertain that all the conditions do satisfy the ultimate objective, and that the act ofacquisition does not cause any undue unjust. In the event the court does not agree with theapplication for acquisition, it would then notify the Department of the Real Estate Registry tolift the freeze status of this real estate.


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d) The court assigns the task of estimating the compensation money during a period of time notexceeding one month from the date of assignment to the Estimating Committee.

e) The court looks into and declares its rulings in the acquisition applications promptly in anequitable and fair manner if it fails to resolve the differences between the two parties. Theparty applying for acquisition bears all the expenses of the application procedures.

f) The party seeking acquisition pays the compensation money during a period not exceedingtwo months in cash through the court, or in kind. If it constitutes his dwelling or his onlysource of income, then all these issues must be taken into account when deciding oncompensation matters so that such vital issues are not changed unfavorably, and that suchissues are maintained as they were existing before the acquisition. The court should theninstruct the Department of Real Estate Registry to register the acquisitioned real estate in thename of the party seeking acquisition after the payment of compensation money, or toregister the compensation real estate in the name of the party from whom the land wasacquired, if this party agreed to exchange his original real estate (subject of the acquisitionprocedures) with another as compensation.

g) Claims of rights and all other claims of kind do not halt acquisition procedures. Those provenclaims get carried over to post-acquisition stage. If ownership proved to be of others then allrelevant documented proof get also carried over to post-acquisition stage, if accepted by thepre-acquisitioned stage actual owner or else the whole acquisition procedures are repeated allover again.

3- Amicable/Mutually Agreed Acquisitiona) Article 6 of the law referred to above with respect to “mutually agreed acquisition” states a

number of provisions states that the authorities who are entitled to carry out land acquisition(which incorporate real estate in accordance with Article 1 of the law concerning landacquisition) are required by law to agree with owner of the real estate in an amicable mannerfor compensation in the form of either cash money or in type, or whatever is estimated by theEC that had been formed in accordance with this law. If the real estate is owned by more thanone 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 actionrequired” on the real estate.

c) The decision of the EC is final and binding to the two parties. The decision is also irrefutableif they both have their agreement in writing, or 20 days have passed since they were informedof the decision without any of them raising any objection with head of the EC, assuming thatthe delay in raising the objection is because of valid reasons. If any of the two parties raisedobjections to the EC during this grace period mentioned above, then the procedures foramicable acquisition is considered null and void, in which case the head of the EC will beobliged to notify the department of real estate registry to remove the sign of "no actionrequired" from the real estate.

d) To be able to register in the Real Estate Registry, the two parties must first reach a writtenagreement about the decision of the EC, or 20 days should have passed since the decision ofthe Committee without either of the two parties raising an objection. For registry andacquisition to be legal, the compensation must be provided or the estate must be registeredafter maximum 30 days from the written agreement. Otherwise, the owner of the real estatehas the right refuse the acquisition.

e) If the party seeking acquisition did not pay the party from whom the land was acquired thecompensation money , nor did he deposit it in the department of the Real Estate Registry or


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the treasury of the primary court in the domain in which the real estate is located, nor did heregister the compensation in the name of the party from whom the land was acquired in theevent of compensation of type within 30 days from the date of the written agreement on thedecision of the EC, or the expiry of the 20 days without either of the two parties raising anyobjections on the decision of the Committee, unless otherwise there exists a differentagreement , the party from whom the land was acquired can then notify the party seekingacquisition and Department of Real Estate Registry of his disagreement with the issue of theacquisition, and all related procedures are then considered null and void.

4- Temporary AcquisitionArticles 12 to 16 of the law referred to above define those procedures which pertain to temporaryacquisition.Those authorities that are entitled by law to carry out the acquisition of real estate (inclusive ofland, in accordance with Article 1 of the law referred to above) in emergency and exceptionalcases (e.g. at times of catastrophes and calamities that necessitate quick response and appropriateaction). The concerned authorities in such cases may decide to carry out temporary acquisition ofreal estates. They can do so by issuing a decree from the head of such authority, stating theduration of the acquisition which as a maximum should not exceed two years from the date of theissue of the decree.

a. The governor of the governorate in which the real estate in question is located forms acommittee consisting of an engineer, one of his staff, a representative of the authority whodecided to carry out the temporary acquisition, and a representative of the owner of the realestate. The task of this committee is to arrange minutes containing a description of the realestate. Photographs, plans, and whatever relevant data that defines the orientation, shape, andlooks of the real estate are attached to the minutes. The owner of the real estate must besummoned 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 thecommittee and time.

b. The EC carries out the procedures of evaluating suitable and appropriate compensation forthe owner of the acquisitioned real estate for the period of the temporary acquisition, takinginto account such matters as the prevailing rate similar real estates.

c. The authority that had acquisitioned the real estate on a temporary basis must return it to itsprevious owner at the expiry of the temporary acquisition period. The owner of the real estatereserves the right to claim compensation from the authority for damages that the real estatemight have suffered during the temporary acquisition. The Estimation Committee, referred toin the law mentioned above, should settle any difference with regards to compensationmoney. The owner of the real estate is entitled to appeal the decision of the EC in the Courtof Appeal of the governorate. The Court of Appeal must then pass its rulings on the appealduring a period not exceeding three months.

d. If the period of temporary acquisition exceeded two years then the authority that hadtemporarily acquisitioned the real estate must apply for its full acquisition. The owner of thereal estate has the option of either demanding the renewal of the temporary acquisitionagainst new compensation or the full acquisition of the real estate by the authority concerned.If none of the two optioned materialize, then he becomes entitled to ask the court to return hisreal estate against compensation of the delay in time. In all cases, the owner is entitled tolaunch an administrative and a judicial complaint against the temporary acquisition if hedeems groundless the so-called emergency and exceptional circumstances. He may alsolaunch a complaint against the duration of the acquisition if he felt that it caused him harm.


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General Provisions for Expropriation

The general provisions for land expropriation for public good include the following:

• If the act of expropriation involves only part of a real estate and results in the remaining partbecoming unusable, the party expropriated from is entitled to demand the remaining part alsobe expropriated. The application for such additional expropriation must be made through thecourt within two years of the date the originally expropriated real estate was formally handedover.

• If partial expropriation causes physical damage to the remaining parts of the real estate, theparty expropriated from is entitled to respective compensation. Moreover, every owner of realestate not affected by the acquisition but suffering damage as a result of the project is entitledto compensation. Respective court proceedings must commence not later than one year fromthe date of the commencement of the project.

• In districts where no real estate register exist, the registrar of the court shall register realestate.

• The Court of Appeal in which the real estate is located becomes the court which specializesin looking into all applications, litigations and legal proceedings pertaining to theexpropriation.

• Contesting through appeal to the High Court shall not halt the execution of whatever hadbeen ruled by the court of appeal in accordance with the law of Civil Procedure;

• Every authority entitled to expropriate real estate should first notify the concerned party inthe GALSUP of its intention to do so prior to the commencement of expropriationprocedures.

• Expropriation transactions and dealings are exempt from stamp duty and Real Estate Registryfees.

ANNEX 2: Entitlement Matrix for Affected Persons

Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesAgricultural LandLoss of arableand grazingagricultural landor access to it

Permanent (completeor partial) loss ofarable and grazingland located in thesub-project site

Farmers / Individuals whohave formal legalownership rights to land

• Provide cash compensation at replacement costfor the lost land19 plus the cost of preparing theland to levels similar to those of the affectedland, plus the cost of any registration andtransfer taxes

• Provide cash compensation for loss of crops ortrees at replacement cost

Loss of arableand grazingagricultural landor access to it


Farmers / Individuals whodo not have formal legalownership rights to landbut have temporary orleasing rights

• Provide development and transitional assistancein locating new replacement lease land

• Provide cash compensation for loss of crops ortrees at replacement cost



Farmers / Individuals whodo not have anyrecognizable legal right orclaim to the land

• No compensation for land.• Provide landless PAPs with resettlement

assistance in securing temporary or leaserights to replacement land

• Provide cash compensation for loss ofcrops or trees at replacement cost

• A list of available arable and grazingland in each affected commune

• A list of PAP and entitled persons• Consultations and formal agreement

with PAPs on type of compensation(cash or in-kind)

• If available and requested by thePAPs and agreed to by the sub-project and concerned authorities:provide equivalent land nearby, ofsimilar size, value, and quality

• In case of relocation, provideassistance to farmers during andafter the relocation process

• Provision of assistance to farmers todevelop new crops and improveproduction for both crops andlivestock

• Poor and vulnerable PAPs (includingthe landless) will not be displaceduntil replacement land is provided

19 Calculated at entitlement cut-off date.


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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesLoss of arableand grazingagricultural landor access to it

Temporary (completeor partial) loss of allor part of arable andgrazing land locatedin the sub-project site

Farmers / Individuals whohave formal legalownership rights to land

• No compensation for land if returned toowner in less than one year

• Provide cash compensation equivalent to thereplacement cost at market price of rentingthe land during the temporary use

• Provide cash compensation for loss of cropsor trees at replacement cost andcompensation for loss of net income fromsubsequent crops that cannot be planted forthe duration of the lease



Farmers / Individuals whodo not have formal legalownership rights to landbut have temporary orleasing rights


• Provide cash compensation equivalent to thereplacement cost at market price of rentingthe land during the temporary use

• Provide cash compensation for loss of cropsor trees at replacement cost andcompensation for loss of net income fromsubsequent crops that cannot be planted forthe duration of the lease

• If the temporary loss continues formore than one year, PAPs will begiven a choice of either continuingwith the temporary arrangements, orselling the affected land to the sub-project at full replacement cost atcurrent market value

• Provision of development assistanceto enable farmers / land owners torestore land to its previous conditionor better quality by providingmeasures to improve land quality incases of land being adverselyaffected



Farmers / Individuals whodo not have anyrecognizable legal right orclaim to the land


• Provide cash compensation for loss of cropsor trees at replacement cost

• Provision of development andresettlement assistance to landlessPAPs with no legal rights

Urban Land (Residential and /or Commercial)


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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesLoss of urbanresidential orcommercial non-arable land oraccess to it

Permanent (completeor partial) loss ofurban residential orcommercial non-arable land

Individuals who haveformal legal ownershiprights to land

• Provide cash compensation at replacementcost of land of equal size and use, withsimilar or improved public infrastructurefacilities and services and located in thevicinity of the affected land, plus the cost ofany registration and transfer taxes

• In the case that there are structures on theland, provide cash compensation atreplacement cost for the materials used torebuild the structures or to partially repair anaffected structure

Loss of urbanresidential orcommercial non-arable land oraccess to it


Individuals who do nothave formal legalownership rights to landbut have temporary orleasing rights

• In the case that there are structures on theland which have been built by the users,provide cash compensation at replacementcost for the materials used to rebuild thestructures or to partially repair an affectedstructure.

• Provide development and transitionalassistance in locating new replacement leaseland

Loss of urbanresidential orcommercial non-arable land oraccess to it


Individuals who do nothave any recognizablelegal right or claim to theland

• Provide no compensation for land• In the case that there are structures on

the land which have been built by theusers, provide cash compensation atreplacement cost for the materials usedto rebuild the structures or to partiallyrepair an affected structure

• Provide landless PAPs withresettlement and transitional assistancein securing alternative commercial orresidential land and to restore theirlivelihoods

• A list of available non-arable land ineach affected commune

• A list of PAP and entitled persons• Consultations and formal agreement

with PAPs on type of compensation(cash or in-kind)

• If available and requested by thePAPs and agreed to by the sub-project and concerned authorities:provide equivalent land nearby, ofsimilar size, value, and quality

• Provision of development andresettlement assistance, mainly in theform of transition allowances forseverely affected PAPs (transitionsubsistence allowance for food,moving incentive allowance,assistance in locating new residentialor commercial leasing, and incometransition allowance if businesses areaffected)


80

Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesLoss of urbanresidential orcommercial non-arable landor access to it

Temporary (completeor partial) loss ofurban residential orcommercial non-arable land

Individuals who haveformal legal ownershiprights to land


• Provide cash compensation equivalent tothe replacement cost at market price ofrenting the land during the temporary use

• Provide cash compensation for loss ofcrops, trees, or structures at replacementcost

Loss of urbanresidential orcommercial non-arable landor access to it

Temporary (completeor partial) loss ofurban residential orcommercial non-arable land

Individuals who do nothave formal legalownership rights to landbut have temporary orleasing rights


• Provide cash compensation equivalent tothe replacement cost at market price ofrenting the land during the temporary use

• Provide cash compensation for loss ofcrops, trees, or structures at replacementcost

• If the temporary loss continues formore than one year, PAPs will begiven a choice of eithercontinuing with the temporaryarrangements, or selling theaffected land to the sub-project atfull replacement cost at currentmarket value

• Provision of assistance to enablethe land users owners to restoreand to its pre-subproject conditionby providing measures to improveland quality in cases where land isadversely affected

Loss of urbanresidential orcommercial non-arable landor access to it

Temporary(complete or partial)loss of urbanresidential orcommercial non-arable land

Individuals who do nothave any recognizablelegal right or claim to theland


• Provide cash compensation for loss of crops,trees, or structures at replacement cost

• Provision of resettlementassistance to landless PAPswith no legal rights

Structures or Buildings (Commercial, Business, Industrial, or Residential)Loss ofstructures oraccess to them

Permanent (completeor partial) loss ofstructures

Individuals who haveformal legal ownershiprights to the structures

• Provide cash compensation at replacementcost which equals the market cost ofmaterials used to build a replacementstructure with similar area and quality, or torepair a partially affected structure, plus thecost of transporting building materials to theconstruction site, plus the cost of any laborand contractors’ fees, plus the cost of anyregistration and transfer taxes

• A list of available structuresin each affected commune

• A list of PAPs and entitledpersons

• Consultations and formalagreement with PAPs on typeof compensation (cash or in-kind, i.e. relocation)


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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesLoss ofstructures oraccess to them


Individuals who do nothave formal legalownership rights to landbut have temporary orleasing rights (tenants)

• Provide assistance in moving and findingsimilar and affordable rental accommodation(this may include moving allowance andrental allowance for a transitional period)

• A three-month notice - at least - tobe given to the tenants

Loss ofstructures oraccess to them


Individuals who do nothave any recognizablelegal right or claim to theland (squatters andpersons in ownershipdispute)

• Provide cash compensation atreplacement cost for the structures ifthey were built by the users

• Provide assistance in moving and findingsimilar and affordable rentalaccommodation (this may includemoving allowance and rental allowancefor a transitional period)

• The Environmental andSocial Officer may look intothe possibilities offormalizing the structuresfollowing their repair

Standing Crops, Trees, and PlantsLoss of standingcrops, trees, orplants or accessto them

Permanent (completeor partial) loss ofstandingcrops, trees, or plants

Farmers or individualswho cultivate the land andwho have formal legalownership rights to theland on which the cropsgrow

• Provide cash compensation for loss of crops,trees, or plants at replacement cost

Loss of standingcrops, trees, orplantsor access to them

Permanent (completeor partial) loss ofstandingcrops, trees, or plants

Farmers or individualswho do not have formallegal ownership rights toland on which the cropsare but have temporary orleasing rights (tenants)


Loss of standingcrops, trees, orplantsor access to them

Permanent (completeor partial) loss ofstanding crops, trees,or plants

Farmers or individualswho do not have anyrecognizable legal right orclaim to the land onwhich the crops grow


• A comparative list of the prices ofagricultural products in localmarkets

• A list of tree and plant species inthe commune area.

• The sub-project activities shouldtake into consideration thecropping patterns and seasons inorder to avoid partial or completeloss – if possible


82

Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesIncome or Access to Income (Commercial, Business, and Industrial Activities)Loss of source ofincome or accessto source ofincome

Permanent loss ofincome source oraccess to it

Owner or workers informal registeredbusinesses

• Provide transitional cash compensationuntil new permanent employment issecured based on net income (for amaximum period of 6 months)

• Provide development assistance to PAPs(i.e. training in specific areas) in order tohelp them to maintain and/or improvetheir income generation potential andaccess to gainful employment

Loss of source ofincome or accessto source ofincome

Permanent loss ofincome source oraccess to it

Owner or workers ininformal unregisteredbusinesses

• Provide transitional cash compensationuntil new employment is secured basedon minimum wage per month in therespective district (for a maximumperiod of 6 months)

• Priority shall be given to severelyaffected PAPs in the provision of anyrelevant employment in the activitiesrelated to the sub-project


Temporary loss ofincome source oraccess to it

Owner or workers informal registeredbusinesses

• Provide cash compensation for theduration of business/income generationthat is disrupted based on net income


Temporary loss ofincome source oraccess to it

Owner or workers ininformal unregisteredbusinesses

• Provide cash compensation for the durationof business/income generation that isdisrupted based on the minimum wage permonth in the respective district

• A list of availablecommercial, industrial, andbusiness activities in eachaffected commune

• A list of PAPs and entitledpersons

• The Environmental andSocial Officer shall assist inthe provision of developmentassistance to severelyaffected PAPs and vulnerablegroups (i.e. design trainingprograms, formalizinginformal activities, access tocredit, including them in thesub-project’s contractors’specifications whereverpossible).


83

Type of Losses Level of Impact Entitled Person(s) Compensation Policy Implementation IssuesCommunity ResourcesLoss ofcommunityassets or accessto them

Permanent (completeor partial loss) ofcommunity physicalassets

All members of thecommunity

• Affected land will be replaced in areasidentified in consultation with affectedcommunities and relevant organizationsand authorities

• Provide alternative or similar resourcesto compensate for the loss of access tocommunity physical resources

Loss ofcommunityassets or accessto them

Temporary (completeor partial loss) ofcommunity physicalassets


• Restoration of affected communitybuildings and structures to original orbetter condition

• Provide alternative or similar resourcesto compensate for the temporary loss ofaccess to community physical resources

• A list identifyingcommunity physical assetsand resources (i.e., publichospitals, markets, fishingareas, grazing areas, fuel,or fodder).

• If income loss is expecteddue to the loss in anycommunity assets,compensation for this lossshall be in the form ofdevelopment assistance torestore the livelihoods ofthe PAPs.

Loss of socio-economic and/orsocial-culturalrelationships /networks oraccess to them

Permanent (completeor partial loss) ofcommunity non-physical assets


• Provide development assistance toenable community members to takeadvantage of income restorationmeasures noted above

• Provide alternative or similar resourcesto compensate for the loss of access tocommunity social capital

Loss of socio-economic and/orsocial-culturalrelationships /networks oraccess to them

Temporary (completeor partial loss) ofcommunity non-physical assets


• Provide development assistance to enablecommunity members to take advantage ofincome restoration measures noted above

• Provide alternative or similar resources tocompensate for the temporary loss ofaccess to community social capital

• Identify different forms ofsocial capital from PAPs’point of view (i.e. socialcredit, networks, socialcohesion, etc.)

• Consultation with PAPs toidentify measures to rectifythe permanent or partiallosses in social capital

Source: Adapted from the Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, SafeguardPolicies Sector, Egypt, June 2006

Documents

Port Cities Development Program - World Bank · SUBMITTED TO: PORT CITIES DEVELOPMENT PROGRAM Port Cities Development Program (PCDP II) RESETTLEMENT POLICY FRAMEWORK (RPF) Final February