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LECTURE ON CAPACITY CREATION FOR LAND ACQUISITION AND RESETTLEMENT ISSUES RELEVENT TO LINEAR PROJECTS AYSE KUDAT SOCIAL ASSESSMENT 2003.

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Presentation on theme: "LECTURE ON CAPACITY CREATION FOR LAND ACQUISITION AND RESETTLEMENT ISSUES RELEVENT TO LINEAR PROJECTS AYSE KUDAT SOCIAL ASSESSMENT 2003."— Presentation transcript:

1 LECTURE ON CAPACITY CREATION FOR LAND ACQUISITION AND RESETTLEMENT ISSUES RELEVENT TO LINEAR PROJECTS AYSE KUDAT SOCIAL ASSESSMENT 2003

2 BTC TURKEY BOTAŞ acquired land using the Law of Expropriation of 2000 and acquired large number of plots

3 MOST PLOTS WERE ACQUIRED THROUGH THE COURT PROCESS PAST EXPERIENCE FAILED

4 Percentage of plots in dispute Do we want to be in this situation?

5 Months/years it took for the disputes to settle Areas/cities it was expedited to reach settlement Disputes are settled on average 4-5 months depending on the regions. Disputes are not settled in any region/city in time that the law requires!!! Expropriation IS A LENGHTY PROCESS

6 Things get worse and project fails to start on time when original property owners cannot be found Our studies have indicated that the owners that live outside the village are usually hard to find

7 Price disputes after expropriation There only are 7 cases who have gone to court of appeals out of 1028 property owners Do we know why?

8 Common problem of infrastructure projects Expropriation and Resettlement

9 UNEQUAL TREATMENT CAUSE FRUSTRATION Resettlement plan ensures equal distribution of income and mitigation benefits.

10 Although infrastructure projects like water, energy, etc. yield to enormous benefits for the majority they also cause some communities to lose their lands, houses, livelihoods and rights.

11 During the last ten years the pressure on the international financial institutions on infrastructure projects have increased. Therefore these institutions are increasingly look for better RAPs which ensure fair and equal treatment of people who lost their lands, homes or jobs. In the case of indemnity (in the cash form), people enjoy spending it carelessly for the short term, and suffer in the medium term when there are no alternatives and no money left. Thats why sustainability concept plays a more important rule. Many Action Plans started to combine compensation payments with sustainable projects for the effected communities. $

12 Reimbursement of lost Income is the most Important factor in a Resettlement Action Plan

13 RELATED WORLD BANK RULE OD AND THE NEW OP 4.12: RESETTLEMENT ACTION PLAN Resettlement rule applies to the projects where people involuntarily lose their lands, homes or other real estate.

14 Resettlement Action Plan is not only an compensation plan

15 BTC-TURKEY RAP MOSTLY COMPOSED OF CASH COMPENSATION!! THERE IS A REASON BEHIND!!!

16 RAP is a must for the financial institutions. If the actions proposed in the RAP are not realized by the project company, financial institutions stop lending or cancel the lending contract. Rap is not a joke!!!!!!!

17 RAP is NOT only an annex to a project document!!! Its a formal document which regulates the actions to be taken to in balancing the income and lives of the adversely impacted communities.

18 RESETTLEMENT TERM MAY BE MISLEADING. MITIGATING THE ECONOMIC AND PHYSICAL IMPACTS ARE MORE IMPORTANT THAN JUST RESETTLEMENT Physical impacts arise when the project location has to demolish homes or workplaces, ruin the lands Economic impacts arise due to expropriation requirements of a project which in turn decreases the incomes or assets of the households.

19 RESETTLEMENT ISSUES

20 Landlessness Joblessness Homelessness Marginalization Food security and loss of agricultural income Illness/Mortality Loss of Common Property Resources Social Disruption Risks Associated with Resettlement

21 Adigeni Akhaltsikhe Borjomi Gardabani* Tetritskaro Tsalka Land size within 44 meters corridor Land that is directly impacted from the project Total Land size Plot size (ha) Cities Private Plots (ha) Source: GIS Survey, BTC Georgia, Many households in the Georgia portion of BTC lose all or majority of their lands… Land size within 32 meters corridor

22 Source: GIS Survey, BTC Georgia, …although households in Turkey lost very few of their lands.

23 In Gardabani city, Georgia 51% of the households lost at least half of their total land holdings. Source: GIS Survey, BTC Georgia, 2002.

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

25 Interestingly, in BTC / Turkey very few households lost more than half of their land holdings. Source: RAP, Survey Data, 2002.

26 TYPOLOGY OF LANDS NEEDED FOR BTC PROJECT AND SELECT PROCESSES INVOLVED IN LAND ACQUISITION THE CASE OF TURKEY

27 Land, Resource and Assets Ownership Case of Turkey Private Owners Public Owners RegisteredNot Registered Local Authority State Authority Private User Tenant Farmers Users of common property Resources Squatters on Public & Private Lands

28 Land, Resource and Assets Ownership Case of Turkey Grazing Lands Other common areas Treasury Lands Forest Lands Pastures Private Owners Public Owners Title deed registered Title deed and land registration system not available Local Authority State Authority Private User Tenant Farmers Users of common property Resources Squatters on Public & Private Lands

29 Private Land, Resource and Assets Ownership Private Owners Title deed registered Title deed and land registration system not available Clean deed with joint owners Clean deed with one owner Some owners in the community All owners in the community Deed in the name of a deceased person Joint rights are not demarcated Joint rights are demarcated All heirs in the community Some heirs in the community Land used for 20 continuous years Users outside the community have claims All users of land are in the community Land used for less than 20 years (displaced populations) Owners of land in displaced communities

30 Private Land, Resource and Assets Ownership Private User Tenant Farmers Users of common property Resources Squatters on Public & Private Lands With formal arrangement Informal tenant arrangement Tenant with infrastructure investment on land Squatters on Public lands Squatters on private lands

31 Public Land, Resource and Assets Ownership Case of Turkey Grazing Lands Other common areas Treasury LandsForest Lands Pastures Public Owners Local Authority State Authority

32 Public Land, Resource and Assets Ownership Case of Turkey Grazing Lands Other common areas Treasury Lands Forest Lands Pastures Public Owners Local AuthorityState Authority Water resources Irrigation network

33 Public Land, Resource and Assets Ownership Case of Turkey Grazing Lands Other common areas Treasury Lands Forest Lands Pastures Public Owners Local AuthorityState Authority Water resources Irrigation network River banks Village common lands Village specific network Inter village networks Lakes and other fresh water resources 2B Under use by private persons Demarcated for the use of individual households Forest lands collectively used Vacant treasury lands Lands used by squatters

34 Landlessness Joblessness Homelessness Marginalization Food security and loss of agricultural income Illness/Mortality Loss of Common Property Resources Social Disruption Risks Associated with Resettlement

35 Many resettlement projects leave people unemployed For example around the Ilısu Dam 40% of the households were wage earners and they would have lost their jobs if the dam was built

36 If BP didnt implement a development project to create employment for its Indonesia infrastructure project, affected people would have no other opportunities.

37 Landlessness Joblessness Homelessness Marginalization Food security and loss of agricultural income Illness/Mortality Loss of Common Property Resources Social Disruption Risks Associated with Resettlement

38 Villages not evacuatedEvacuated VillagesTotal Directly Impacted Indirectly Impacted Directly Impacted Indirectly Impacted forecast (a) 13,53134,9525,8118,60062, forecast (b) 13,53134,95212,46813,15274,103 Ilisu dam would have left people homeless. Some of the villages have already been evacuated. In Indonesia, on the other hand, people were provided with new homes.

39 Landlessness Joblessness Homelessness Marginalization Food security and loss of agricultural income Illness/Mortality Loss of Common Property Resources Social Disruption Risks Associated with Resettlement

40 Due to the issue of misuse of the cash compensations most multinational institutions propose sustainable development projects as part of the resettlement action plans. For example, in Georgia, informal groups of young family members may try to force elderly to take their cash compensation. Same incidents occurred in Azerbaijan.

41 In Turkey, number of elderly affected is very small. Informal groups is not a potential issue. Banking system is more developed. The cash compensation may be kept in the bank and earn interest. In Turkey, number of elderly affected is very small. Informal groups is not a potential issue. Banking system is more developed. The cash compensation may be kept in the bank and earn interest.

42 But overall BTC – Turkey focused only on cash compensation not in sustainable development projects. But overall BTC – Turkey focused only on cash compensation not in sustainable development projects.

43 Landlessness Joblessness Homelessness Marginalization Food security and loss of agricultural income Illness/Mortality Loss of Common Property Resources Social Disruption Risks Associated with Resettlement

44 Rural INCOMES in Georgia are very low! Therefore the project will have a huge adverse impact on the livelihoods of the households that are directly affected.

45 In Georgia: Average land size holding is very low ( ha) Average compensation is: $2,000 Average annual household income is lower than $1500 Banking system is not developed. It is not realistic to expect that impacted households will survive on US$2,000 for 3-4 years

46 In Indonesia, most of the population work in agriculture and fisheries. Due to resettlement, affected population will lose their agricultural income. They will partially lose fisheries income due to the protected area. If BP hasnt provided employment, these communities would have suffered.

47 BTC Project puts a ban on fishing around the Ceyhan Terminal … We do not know the impacts yet.

48 BTC project puts limitations on the use of the land close to the pipeline in three countries. This decrease the land value and income from land. BTC RAP does not cover the issue clearly.

49 Landlessness Joblessness Homelessness Marginalization Food security and loss of agricultural income Illness/Mortality Loss of Common Property Resources Social Disruption Risks Associated with Resettlement

50 Health related mitigation efforts have started 12 months before the project initiated in Indonesia, a geography with swamps and tropic climate. HEALTH ISSUES One of the proposed resettlement locations was a swamp. Therefore RAP had to analyze the health situation in detail.

51 Landlessness Joblessness Homelessness Marginalization Food security and loss of agricultural income Illness/Mortality Loss of Common Property Resources Social Disruption Risks Associated with Resettlement

52 Ilisi dam project did not propose to compensate for lost the common property such as water Caves used as storage, stable, or even homes by the poor would go underwater and would not be accounted for by the government. COMMON PROPERTY RESOURCES

53 Landlessness Joblessness Homelessness Marginalization Food security and loss of agricultural income Illness/Mortality Loss of Common Property Resources Social Disruption Risks Associated with Resettlement

54 Involuntary resettlement divides the communities during migration and social relations within families breakdown. SOCIAL DISRUPTION YOUTH DEPRESSION AND SUICIDES

55 Migrated communities with lost economic power, status feel alienation and face problems in integrating to the new social environment. Even if they dont move to new communities, loss of assets change their social being.

56 For Example, if the Ilisu dam was built, it would cause a migration from the region to various parts of Turkey. Civil society organizations have particularly opposed to this aspect of the project.

57 HOW TO MITIGATE RISKS?

58 There are basic approaches to mitigate the resettlement risks: Compensation of Land – Provide similar cultivatable land to people who lose all their land This strategy is a must for certain communities in Georgia

59 Providing employment to people who lost jobs This was a main concern for the ILISU Dam There are basic approaches to mitigate the resettlement risks:

60 Many RAPs give importance to training activities in developing new livelihoods for the affected groups. In Georgia and Azerbaijan portion of BTC providing agricultural technical assistance is a crucial activity. Education and training in rural areas can be difficult. There are basic approaches to mitigate the resettlement risks:

61 BTC has paid special attention since the project required demolishing some housing. Providing housing to the homeless Tangguh RAP

62 Many RAPs includes actions to increase agricultural yields with training and equipment Food security and agricultural income issues BTC can also prepare a similar project to help increase the agricultural and livestock yields.

63 Compensation for loss of the public resources In many projects the loss of forests or pastures are compensated by providing livelihood development projects. For instance both in Chad-Cameroon pipeline and Tangguh proposed these alternatives. BTC Turkey, Provided funds for forest development In addition part of the compensation was given to Ministry of Forestry, which in turn had to spend 1/3 of the funds in forestry development

64 Despite these efforts, BTC – Turkey portion lacks efforts to provide sustainable livelihood projects for the affected people. Forestry development projects with other donors may be one of many effective alternatives

65 Therefore in BTC, we have included a development fund to the RAP

66 Principles

67 RAP is designed to address in order to provide answers to the previously raised issues

68 RAP Main Features Affected population and how they are effected Compensation plan Prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project Budget Implementation timetable Institutional responsibility Participatory planning elements Resolution of complaints Monitoring / Evaluation Legal framework

69 First Principle---- Adequate Legal Framework

70 Expropriation law resolves the main problems of the BTC project There are some constraints to the execution of the law benefiting the affected community. Legal Framework

71 Land, Resource and Assets Ownership Case of Turkey Private Owners Public Owners RegisteredNot Registered Local AuthorityState Authority Private User Tenant Farmers Users of common property Resources Squatters on Public & Private Lands Gaps between the local laws and the World Bank policies in Compensation Potential Actual

72 Typology of Affected Lands and the Discrepancy between local and international entitlement policies Users of Grazing Lands users common areas Users of Treasury Lands Users of Forest Lands User of Pastures Private Owners Public Owners Title deed registered Title deed and land registration system not available Local AuthorityState Authority Private User Tenant Farmers Users of common property Resources Squatters on Public & Private Lands Gaps between the local laws and international policies of entitlements

73 Private Land, Resource and Assets Ownership Private User Tenant Farmers Users of common property Resources Squatters on Public & Private Lands With formal arrangement Informal tenant arrangement Tenant with infrastructure investment on land Squatters on Public lands Squatters on private lands Gaps between the local laws and the World Bank policies in Compensation Potential Actual

74 RAP Main Features Affected population and how they are effected Compensation plan Prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project Budget Implementation timetable Corporate responsibility Participatory planning elements Resolution of complaints Monitoring / Evaluation Legal framework

75 Second principle--- Affected population and how they are effected

76 Affected population is spread over a large area

77 Pipeline length: 1070 km Affected number of cities: 10 Affected number of villages: 298 Affected parcels: * Expropriated land area : 2996 ha Forestry land: 270 ha BTC / Turkey snapshot

78 Accurate census information is crucial Identification of property owners Initiation of required administrative procedures Preparation of socio-economic research Establishment of monitoring and evaluation system

79 Source: BTC Turkey RAP, Chapter 1 BTC / Turkey affected population

80 BTC / Turkey: Identification of impacts Resettlement has to identify all population that have the possibility of loosing their property, income and wealth due to the project. Identification steps can include: Thematic maps showing the land quality, flora/fauna and infrastructure. Census Inventory of affected immovables Socio-economic survey Main features of the compensation Consultative and participatory planning

81 Area (Ha) ADANA ARDAHAN ERZINCAN ERZURUM GUMUSHANE K.MARAS KARS KAYSERI OSMANIYE SIVAS 8m. 28m. Affected private parcels - 8m ve 28m corridor

82 Pipeline goes through limited number of towns in the affected cities and that limits the effects of the project at the city level

83 Private Lands Kahramanmaraş Province Andırın District Geben Village IPT1 Area IPT1 Camp Site Examples of permanent and transitionary impacts

84 Most of the affected parcels are parcels created by cadastre Newly created parcels (rivers, roads, cadastral roads, etc)

85 Land Housing and other buildings Trees, private forests, etc. Institutions Natural resources Immovables owned by public; school, cemetery, etc. Cultural assets Infrastructure Inventory of immovables

86 Lessons learned from the socio-economic survey about the affected population of BTC / Turkey Project

87 What are the effects of socio-economic surveys? Calculates the ratios of effects To calculate the loss and the compensation on community level To inform the community and collect information from them To document the needs of the community systematically. Analyze/profile the affected community and determine the risk factors. Analyze the income and living standards of the community.

88 Ratio of yearly income loss over total income due to the project Ratio of agricultural income over yearly income loss Adana Osmaniye Kars Ardahan Kahramanmaraş Kayseri Erzurum Erzincan Gümüşhane Sivas Total BTC / Turkey has determined the problems and resolutions by the conducted survey Georgia ?

89 Generic results of the survey

90 The impact of the project on income and wealth is modest Results of the socio-economic survey The amount of land that will be used permanent and transitionary in the project is small when compared to the total property ownership of the community The amount of the agricultural income loss is also small when compared to total income

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

92 Most of the plot owners self cultivate

93 Therefore plots cultivated by tenants do not exceed 1/5 of the total plots

94 BTC / Turkey Georgia ?

95 In Georgia, some of the government land is rented for 50 years. And this may require a longer term compensation plan to be provided to these people.

96 Different forms of tenant arrangements exist …but in most cases land is rented for cash

97 Land-based income is a large part of total income

98 Subsistence income is also very high but not compared to other countries Both in absolute dollar terms …and in relative terms

99 Most of the affected land has private ownership excluding the small plots 68 percent of the property owners have titles. In addition, 24 percent of the owners have customary title (zilyet) to the land. The rest are either in the process of receiving the title or do not intend to ever complete the paperwork

100 Formal title No formal title Customary ownership Do not have title for other reasons* Most of the property owners have titles …but still a lot remaining without the titles *Other reasons include forgetting, lack of cadastre work, and ongoing paperwork

101 In Sıvas, Erzurum and Erzincan most of the plots have titles But not everybody has the title registration

102 There are complaints about the mistakes in the titles and the other complaints are; Some claim that land consolidation was done incorrectly Some have not registered their inheritance Problems land registration records complicate expropriation procedures

103 Property owners lack information of the others who are also registered to their property titles. This may be problematic

104 POSOF (ARDAHAN-TURKEY) POSOF (ARDAHAN-TURKEY) TOTAL 618 PARCELS AFFECTED BY BTC PROJECT REGISTERED 53 PARCELS UNREGISTERED 565 PARCELS (CUSTOMARY OWNERSHIP) ONLY 1 WOMAN AMONG OWNERS ONLY 2 WOMEN AMONG OWNERS Woman are worse of in cases where the owners have customary title of the land

105 GIS inputs show that in Ardahan only 10% of the affected plots has female property owners where as in Osmaniye 70% of the affected plots has at least one female owner 87 percent customary ownership

106 510 plots identified using GIS inputs. 18% answered 40% no answer 33% could not be found 9% still in search

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

108 Communities near the forests Communities away from the forest Communities which are directly affected that are living in the forest or near it. 100% benefit from the forest resources Affected Not affected Negative effects of the pipeline has been observed. Community resource loss

109 A relatively large percent of owners-users are informed of the project but few have specific information on the size of the land affected and of the legal framework that provides protection to them. Few people are informed!! In fact, as late as May 2002, over 95 percent of the people did not know that the expropriation law had been changed. A substantial proportion of the affected communities are forest communities and residents are concerned of adverse impacts

110 Absentee land owners It is not easy to locate these owners although the new law requires for it.

111 POPULATION LIVING OUTSIDE THE VILLAGE CAUSE PROBLEMS oBOTASs new report shows the number of property owners living outside the village as 4,600+ oStill there will be a lot of unidentified people remaining. oCan we afford disputes just because of this reason?

112

113 20% of the property owners out side of the village do not want to give representation 37% do not have relatives living in the village 30% of the community has more than one plot affected

114 In Georgia community resource loss is also huge Rented Land Not-rented Land Rented to Municipality PastureArable Land Long term rental Short term rental CustomaryForestPastureArable Land Rented to individual Common area Projects in progress in order to prevent information loss Rented to individuals Solutions to the complaints of tenants Solutions to the users of forests and pastures from the RAP fund RAP fund

115 RAP Main Features Affected population and how they are effected Compensation plan Prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project Budget Implementation timetable Corporate responsibility Participatory planning elements Resolution of complaints Monitoring / Evaluation Legal framework

116 Route Selection, Site Investigation and Land Acquisition Identification of the land owners along the route considering 500 m. corridor (22m. Cor. -250m m.) Identification of the route axis of 28m. and connection of IP points to national GPS Network Preparation of the construction corridor to maps and expropriation maps Cadastral Survey and Title Deed Registers Definition of specified corridor (100m.) through environmental and social consideration Further narrowing the corridor to 28m. Registering to the public owned areas on behalf of the treasury and transferring the treasury registrations to Botas Application for expropriation of forest areas and pastures Surveying assets (Tree, Building, Wall, Well etc.) Along the construction corridor Obtaining the list of the owners of the areas which will be expropriated Announcing the expropriation and securing provisional rights to permanent land Starting the compensation process Valuation of the land

117 Process of Private Land Acquisition Turkish Case All assets on plots identified and inventory prepared Valuation commission established, each plot is visited, all agencies contacted as specified by the Law to provide information relevant for land valuation Land owners contacted to attend negotiations Agreement on land transition reached Addresses of all owners for each plot obtained Land owner certifies disagreement Land owners non-responsive Negotiation commission established No agreement possible Road to acquisition open Land owners attend negotiations All Steps for plot and ownership identification completed Land owner refuses to certify disagreement New letter sent to owner Court

118 Steps involved in Disputed Land Acquisition Establish commission at the county level Show actual land to the valuation commission Establish and document land value in accordance with Law Go to court Send documents to the defendant (landowner) First Court DateSettlement arrived Inspectors visit land Commission prepares report Second court date Second commission valuation Opposition from administration Third court date 2nd commission report Court Decision Court Process Inform Directorate of LandAnnounce decision in local paper Wait for opposition to decision Opposition to decision Resolve in 180 days No opposition to decision Deposit money for land and transfer deed

119 Steps in Land Acquisition When Deed is in the Name of a Deceased Person Confirmation through communities that the owner is deceased Gendarmerie confirmation of heirs addresses Contacting heirs asking them to register their inheritance In case of failure seek Court authorization for inheritance determination Obtaining necessary documentation from registration office and village elderly committee Submitting to the court necessary documentation Court issues legal inheritance documentation recognizing the claims of heirs Court date set and heirs are called to court Land acquisition proceeds according to applicable law (see Chart on Time Necessary for Acquisition – Public Acquisition Law No 2942 (D. 4650)) Land acquired Requesting birth registration documents to identify heirs Informal investigation of heirs addresses If addresses cannot be found, public notices are sent out If there is success, invitations are sent for negotiations Estimated Process completion minimum 9 months

120 Land Acquisition with joint owners of Registered land Commission evaluates land / assets and determines a value A formal letter is sent to each owner, inviting them for negotiation Negotiations held Specific shares of individuals are knownSpecific shares of individuals are not known Land deed available but jointly owned No agreement Agreement Some owners agreeAll owners disagree Determination of shares and representative(s) by court, according to civil law Court Share of agreeable owner meets the needs Share of disagreeing owner is needed Road to acquisition of land open

121 Time Necessary for Acquisition – Public Acquisition Law No 2942 (D. 4650) Process Involved in Non-negotiated Cases Court 1 st Court Session Invitation for negotiation 30 days 1 st Inspection by the Court Appointed Valuation Commission 10 days 2 nd Court Session 30 days Valuation Report 15 days 2 nd Inspection by the Court Appointed Valuation Commission 15 days 3 rd Court Session 15 days Appeals to the decision of this session can be made only to the High Court (Yargitay) Value of Land Deposited in the Bank 10 days Court Decision Road to Land Acquired Open 15 days If necessary, additional time for bank deposit 15 days Deed transfer made Estimated Process Completion Minimum 150 days Owners certifies disagreement Owners does not certifies disagreement Authority Informs Owner of Decision in by writing Authority Prepares Files Disagrees Agreement Disagrees Valuation Report 15 days


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