TRAINING MATERIALS FOR LAND ACQUISITION AND RESETTLEMENT PLAN PREPARATION AYSE KUDAT SOCIAL ASSESSMENT PRESENTED TO G.W. UNIVERSITY 2003

A resettlement action plan (RAP) is a document specifying procedures that the responsible agency will follow and the actions it will take to properly resettle and/or compensate affected people and communities not an easy task---even for projects with modest social impacts

 Landlessness  Joblessness  Homelessness  Marginalization  Food security and loss of income  Illness/Mortality  Loss of Common Property Resources  Social Disruption WHY do we need it? To Reduce Risks Associated with Resettlement in a deliberate, planned and consultative manner

RELATED WORLD BANK POLICY OP 4.12: RESETTLEMENT ACTION PLAN Resettlement POLICIES apply to the projects where people involuntarily lose their lands, homes or other IMMOVABLE assets.

RAP is NOT merely an annex to a project document!!! It’s a formal document which regulates the actions to be taken to in balancing the income and lives of the adversely impacted communities.

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

THE TERM “RESETTLEMENT” MAY BE MISLEADING. MITIGATING THE ECONOMIC DISPLACEMENT IS AS IMPORTANT AS ENSURING THE PHYSICAL RESETTLEMENT OF AFFECTED POPULATIONS Physical impacts arise when the project causes demolishment of homes or workplaces Economic impacts arise when land acquisition and/or other types of restricted access to productive resources reduce incomes

Private sector institutions pay a special attention to RAP as part of their CSR and long-term business success in a project area. BTC Ilusu dam Tangguh LNG Pressure on the Private Sector to Improve its RAP performance has increased

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

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

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

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

BTC / Turkey --few households lose more than half of their land holdings Source: RAP, Survey Data, 2002.

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

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

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

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

In Indonesia, most of the population work in agriculture and fisheries. Due to economic and physical dislocation, affected population will lose their agricultural income. They will lose fisheries income due to the Project imposed use restrictions. If BP did not provided employment, these communities would have suffered.

THE ILISU DAM Dam type: Zoned rockfill with clay core Dam height above foundation: 135 m Reservoir area: 313 km 2 Active dam reservoir volume: 7.5 x 10 9 m 3 Installed capacity : 1200 MW Power: 3833 GWh/yr

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

Large number of settlements are affected by the dam Partially affected Fully affected Village 47Hamlet 29Village49Hamlet 1TownHasankeyf A total of 183 settlements impacted Inhabited 37 Vacant 20 Inhabited 16 Inhabited 18 Inhabited 26 Vacant 21 Vacant 13 Vacant 31

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

Many resettlement projects leave people unemployed For example around the Ilısu Dam 40% of the households are agricultural wage earners. They would have lost their jobs if the dam was built

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

Type of affected land: Case of BTC/Turkey Private Owners Public Owners RegisteredNot Registered Local Authority State Authority Private User Tenant Farmers Users of common property Resources Squatters on Public & Private Lands

Type of affected land: Case of BTC/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

Type of affected land: Case of BTC/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

Type of affected land: Case of BTC/Turkey 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

Private Land Users: BTC/Turkey Private Users 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

Mitigation to reduce resettlement risks vary Compensation of Land – Provide similar cultivatable land to people who lose all their land Land-for-land This strategy is a must for certain communities in Georgia

Many RAPs give importance to training activities in developing new livelihoods for the affected groups. In Georgia and Azerbaijan portion of BTC providing agricultural technical assistance is a crucial activity. But not in Turkey Education and training in rural areas can be difficult. Providing jobs to restore income from lost assets

Providing housing to the homeless BP-Tangguh RAP

Many RAPs include actions to increase agricultural yields through training and machinery Food security and agricultural income support Pipeline projects such as BTC often help increase the agricultural and livestock yields outside the RAP frameworks.

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

Therefore in BTC, a RAP FUND is created Unknown/unanticipated impacts may emerge in the course of implementation

RAP is designed to provide answers to a range of displacement issues and risks associated with adverse impacts caused by development projects

RAP Main Features Policy/Legal framework for displacement Determining Characteristics of Affected populations Detailed Budget Implementation timetable Description of Institutional responsibilities A framework for public consultation/participatory Provisions for redress of grievances Framework for Monitoring / Evaluation Identification of project impacts Description of Compensation plan, resettlement assistance and restoration of livelihoods

 Farmers unwilling to give up their land  Historical land acquisition performance in Turkey extremely poor  Land is short in mountain villages where BTC pipeline passes through  Many different types of land are affected  Not all landowners can be reached. For instance, Absentee ownership creates excessive problems for agencies acquiring land  Consultation/negotiation arrangements are difficult with several categories of landowners  Conflict of interest pressures land acquisition agency to use force major Issue identification: BTC/Turkey

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

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

RAP Main Features Policy/Legal framework for displacement Determining Characteristics of Affected populations Detailed Budget Implementation timetable Description of Institutional responsibilities A framework for public consultation/participatory Provisions for redress of grievances Framework for Monitoring / Evaluation Identification of project impacts Description of Compensation plan, resettlement assistance and restoration of livelihoods

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

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

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

BTC / Turkey affected population

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

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

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

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

How do socio-economic surveys help prepare RAP? Estimate the severity of adverse impacts Calculate the losses and the compensation at community level Inform the community Document the needs of the community systematically and transparently. Analyze/profile the affected community and determine the risk factors. Analyze the pre-Project income and living standards

Ratio of yearly income loss over total income due to the project Ratio of agricultural income over yearly income loss Adana Osmaniye Kars Ardahan Kahramanmaraş Kayseri Erzurum Erzincan Gümüşhane Sivas Total BTC / Turkey has determined the RAP problems and solutions through surveys

The impact of the BTC/Turkey project on income and wealth is modest Results of the socio-economic survey The amount of land that will be used permanently and temporarily is small when compared to the total property ownership of the affected population The amount of the agricultural income loss is also small when compared to total income

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

Most of the plot owners self cultivate

Plots cultivated by tenants do not exceed 1/5 of all plots Exclusionary practices are thus unlikely

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

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

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

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

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

POSOF (ARDAHAN-TURKEY) POSOF (ARDAHAN-TURKEY) TOTAL 618 PARCELS AFFECTED BY BTC PROJECT REGISTERED 53 PARCELS UNREGISTERED 565 PARCELS (CUSTOMARY OWNERSHIP) 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

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

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

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

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

POPULATION LIVING OUTSIDE THE VILLAGE CAUSE PROBLEMS oBOTAS’s 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.

 20% of the property owners outside of the village do not want to be represented by others  37% do not have relatives living in the village

RAP Main Features Policy/Legal framework for displacement Determining Characteristics of Affected populations Detailed Budget Implementation timetable Description of Institutional responsibilities A framework for public consultation/participatory Provisions for redress of grievances Framework for Monitoring / Evaluation Identification of project impacts Description of Compensation plan, resettlement assistance and restoration of livelihoods

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

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

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

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

Land Acquisition with joint owners of Registered land Commission evaluates land / assets and determines a value A formal letter is sent to each owner, inviting them for negotiation Negotiations held Specific shares of individuals are 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

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

RAP Main Features Policy/Legal framework for displacement Determining Characteristics of Affected populations Detailed Budget Implementation timetable Description of Institutional responsibilities A framework for public consultation/participatory Provisions for redress of grievances Framework for Monitoring / Evaluation Identification of project impacts Description of Compensation plan, resettlement assistance and restoration of livelihoods

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