Structure and Content of the Resettlement ... - The World...

SUBMITTED TO:Republic of YemenMinistry of Electricity and Energy

EcoConServ Environmental Solutions12 El Saleh Ayoub, Zamalek,Cairo, Egypt 11211Tel: + 20 2 27359078 – 2736 4818Fax: + 20 2 2736 5397E-mail:

JET for Engineering & TradingRiyad (Hayil) Street, Al-Ghail Building 1st Floor, Suite no. 1, Sana’a, Republic of Yemen, P.O. Box 2379Tel.: + 967 1 212 567 Fax: + 967 1 211 097E-mail: [email protected]

Al Mokha 60 MW Wind Farm Project (MWFP)

Republic of Yemen

RESETTLEMENTPOLICY FRAMEWORK

May 8, 2011

Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

TABLE OF CONTENTS

LIST OF TABLES.........................................................................3

LIST OF FIGURES........................................................................3

LIST OF BOXES..........................................................................4

LIST OF ABBREVIATIONS............................................................5

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

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

CHAPTER ONE: PROJECT SPECIFIC INFORMATION.......................121.1 Al Mokha Wind Farm 60 MW Project (MWFP)......................................................12

1.1.1 Project Background..............................................................................................121.1.2 Project Objective...................................................................................................121.1.3 Project Proposed Location and Components.....................................................12

1.2 Principles and Objectives Governing Resettlement Preparation And Implementation...................................................................................................................15

1.2.1 Policy Principles....................................................................................................151.2.2 Policy Objectives...................................................................................................151.2.3 Policy Coverage.....................................................................................................15

1.3 Preparing and Approving Resettlement Plans..........................................................161.3.1 Resettlement Instruments.....................................................................................16

1.4 Estimated Population of PAPs and Categories of PAPs...........................................171.5 Eligibility Criteria........................................................................................................19

1.5.1 Compensation under Land Ownership...............................................................191.5.2 Compensation under Severity of Impact............................................................191.5.3 Establishing Procedures and Eligibility Criteria...............................................20

1.6 Compensations and Methods for Asset Valuation....................................................201.6.1 Asset Valuation......................................................................................................201.6.2 Asset Valuation Method.......................................................................................201.6.3 Compensation........................................................................................................21

1.7 Organizational Arrangements for Entitlement Delivery..........................................221.7.1 The World Bank....................................................................................................221.7.2 The Project Management Unit (PMU)................................................................221.7.3 Local Authorities (Local Councils)......................................................................231.7.4 Non Governmental Organizations (NGOs)........................................................231.7.5 External Consultant(s)..........................................................................................24

1.8 Implementation Process and Linkage to Civil Works..............................................241.8.1 Resettlement Plans................................................................................................241.8.2 Timeframes............................................................................................................251.8.3 Linking Resettlement Implementation to Civil Works.....................................25

1.9 Grievance Redress Mechanisms..................................................................................261.9.1 Objective of Grievance Redress...........................................................................26

1.10 Sources of Financing for Funding Resettlement.....................................................281.11 Consultation and Participation.................................................................................28

1.11.1 Notification Procedure........................................................................................281.11.2 Public Consultation Mechanisms......................................................................28

1.12 Monitoring and Evaluation Arrangements..............................................................291.12.1 Internal Monitoring............................................................................................301.12.2 External Monitoring...........................................................................................30

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CHAPTER TWO: YEMENI LEGAL AND INSTITUTIONAL FRAMEWORK..............................................................................................................................................322.1 Main National Legislation that Regulates Land Acquisition...................................32

2.1.1 Land Ownership within the Yemeni Legislations Framework.........................332.1.2 Privately Owned Land..........................................................................................332.1.3 State–Owned or Government Land (Miri).........................................................342.1.4 Communal Land...................................................................................................352.1.5 Endowment / Waqf Land....................................................................................362.1.6 Agricultural Land................................................................................................372.1.7 Land for Neighborhood Rights............................................................................372.1.8 Laws Governing Squatters...................................................................................382.1.9 Other Types of Land.............................................................................................39

2.2 Land Acquisition: Key Issues and Procedures (Law 1 year 1995)..........................392.3 Institutional Arrangements.........................................................................................40

2.3.1 General Authority for Land Survey and Urban Planning (GALSUP)............402.3.2 The Ministry of Public Works and Highways (MoPWH).................................412.3.3 The Ministry of Finance (MoF)...........................................................................412.3.4 Local Councils.......................................................................................................412.3.5 Additional Mechanisms........................................................................................42

2.4 Main Challenges Related to Land Ownership and Institutional Capacities..........42

CHAPTER THREE: GAPS BETWEEN YEMENI LEGISLATION AND THE WORLD BANK OP 4.12..............................................................44

3.1 Discrepancies between Yemeni Laws and OP 4.12...................................................443.1.1 Calculation and Timing of Compensation..........................................................443.1.2 Definition of Affected Persons (PAPs)................................................................443.1.3 Public Participation, Consultation......................................................................453.1.4 Grievance Mechanisms.........................................................................................453.1.5 Vulnerable groups.................................................................................................463.1.6 Resettlement assistance.........................................................................................463.1.7 Rights of Squatters................................................................................................46

3.2 Capacity Building Needs..............................................................................................47

ANNEX I: THE PROCESS OF RAP/ARP PREPARATION AND THE DIFFERENT RESETTLEMENT STEPS WITHIN THE PROJECT CYCLE.. 50

ANNEX II: ENTITLEMENT MATRIX FOR AFFECTED PERSONS......................58

ANNEX III: SUMMARY OF THE REGISTRATION SURVEY RESULTS AT MOKHA 60 MW WIND FARM PROJECT (MWFP) SITE.....................69

ANNEX IV: TYPES OF ACQUISITION AND THE REGULATING ARTICLES OF LAW 1, 1995........................................................81

LIST OF REFERENCES...............................................................85

LIST OF TABLES

Table 1.1 Size of Settlements within the Project Site

Table 1.2 Potential Number of Negatively Affected Households within the Four

Villages and the Types of Impacts

Table 1.3 Replacement Cost for Tangible Assets

LIST OF FIGURES3


Figure 1.1 The Proposed Location of Al Mokha Wind Farm

Figure 1.2 The Three Proposed Scenarios of WTG in the Project Site

Figure 1.3 The Villages within the Project Sites

Figure 1.4 Main Approaches for the Grievance Redress

Figure 3.1 PAPs Consultation and Participation in the RAP/ARP along the Project Cycle

LIST OF BOXES Box 1.1 Guidelines for the Monitoring Indicators

Box 2. 1 Issues Related to Land Acquisition and the Yemeni Relevant Laws

Box 2. 2 Yemeni Legislations Governing Private Land Property

Box 2.3 Yemeni Legislations Governing State/Government Land Property

Box 2.4 Yemeni Legislations Governing Communal Land Property

Box 2.5 Yemeni Legislations Governing Endowment/ Waqf Land

Box 2.6 Yemeni Legislations Governing Agricultural Land

Box 2.7 Yemeni Legislations Governing Neighborhood Rights

Box 2.8 Yemeni Legislations Governing Rights of Squatters

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LIST OF ABBREVIATIONS

AFD Agence Française de développement

ARPs Abbreviated Resettlement Plans

EC Estimation Committee

ESIA Environmental and Social Impact Assessment

ESMP Environmental and Social Management Plan (ESMP)

FCC Feedback and Complaint Committee

FGD Focus Group Discussions

IDB Islamic Development Bank

IR Involuntary Resettlement

LRC Local Resettlement Committee

M&E Monitoring and Evaluation

MoEE The Ministry of Electricity and Energy

MPP Mokha Power Plant

MWFP Mokha 60MW Wind Farm Project

OP Operational Policy

PAPs Project Affected Persons

PMU Project Management Unit

PRA Participatory Rapid Appraisals

RAPs Resettlement Action Plans

RED Renewable Energy Department

RESAP Renewable Energy Strategy and Action Plan

RPF Resettlement Policy Framework

SDO Social Development Officer

SPC Special Purpose Company

WB World Bank

WTG Wind Turbines Generators

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GLOSSARY

Abbreviated Resettlement Plan

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

Affected persons All persons who, as result of work carried out or to be carried out under the Project, would incur involuntary loss, temporarily or permanently, of land, shelter, productive assets or access to productive assets, or of income or means of livelihood and, as consequence, would have their living standards or production levels adversely affected.

Compensation Payment in cash or in kind to replace losses of land, housing income, 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 informed consent or power of choice.

Involuntary Resettlement (IR)

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

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

Monitoring The process of repeated observations and measurements of environmental and social quality parameters to assess and enable changes over a period of time.

Project Affected Person

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 in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement.

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Public Involvement

The dialogue encompassing consultation and communication between a project proponent and the public. It includes dissemination, solicitation and presentation of information.

Rehabilitation/Resettlement

A term often used to describe the process of reestablishing lifestyles and livelihoods following resettlement. The term is also used to describe construction works that bring a deteriorated structure back to its original conditions.

Resettlement Action Plan (RAP)

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

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

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

Vulnerable Groups

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

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EXECUTIVE SUMMARY

Project Background Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of demonstrating the financial feasibility of wind power by implementing the first wind power development project in Yemen. MWFP is expected to add 60 MW of clean power to the national grid.

The target capacity of 60 MW will be met through introducing a number of Wind Turbines Generators (WTG) that will be located according to a favorable scenario that has been compared to two other scenarios. The proposed scenario is optimal in terms of energy production, sensitivity to habitat, aesthetic impacts and amount of waste generated during construction. The proposed scenario will involve the installation of 30 WTGs each of 2 MW capacities with hub height of 78m. The other project components will include internal roads, an input portal, an overhead 132 Kv power line and internal cabling.

The proposed location of MWFP is located on the coastal area in the western part of Yemen, around 4 Km away from Al-Mokha in the vicinity of the existing Al-Mokha Thermal Power Plant. It will occupy an area of around 48 m2.

MWFP is expected to have substantive positive impacts on the local communities in Al Mokha and the country at large. The positive impacts include creating job opportunities for Al Mokha residents both during construction and operation phases, improving the power provision to Al Mokha and the neighboring communities and assisting local communities in attaining several advantages in the form of enhanced access to market and better income earning opportunities.

The field visits and surveys carried out in the project site showed that there are 93 households with a total population of 339 individuals who are originally Bedouin nomads who have settled in this area for more that 20 years. Village residents juggle a number of activities that are characterized by being marginal, fragile and poorly rewarding with the main objective of making a daily living. The communities’ main activities involve fishing, driving, grazing animals and collecting firewood.

These communities are mainly composed of three villages, namely, Al Holeiby, Seriga, and Al Oksh.. They are under the administrative arrangements of Al Mashalha, Al Mokha Districts. Like many other rural areas in Yemen, the role of traditional institutions in resolving disputes through mediation, customary tribal arbitration, and mutual accord is important in Al Mokha. Most disputes in Yemen are originated from water right and land ownership. Customary laws in tribal areas are strong and effective in resolving rural land disputes. Traditional institutions have played and continue to play important role in addressing the rural land needs of public benefits projects in Yemen. It is anticipated that the traditional structure in Al Mohka project area will play similar role in resolving issues that might arise between the project and communities.

From the preliminary survey and field observation, it is predicted that MWFP operations will not result in major land acquisition. There will not be physical

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displacement that will be caused by the project and that will require relocating and resettling people.

However, if for unforeseen and unavoidable circumstances the project requires land acquisition and negatively impacted livelihoods, the policy principles and objectives stated in this RPF will be applied. In the case of dispute between the project and local community, the Yemeni customary law, deemed consistent with OP 4.12 if properly documented, will be used. Existing traditional conflict resolution mechanism will be activated and will be deployed to resolve disputes. Capacity building support will be provided by the project.

Main National Legislation that Regulates Land Expropriation

The key Yemeni legislation that deals with land related issues are: the National Constitution; the Civil Law; Law no. 21 of 1995 concerning State Land and Real Estate; the Republican Decree 170 of 1996; Waqf Law no. 23 of 1992; the Republican Decree 99 of 1996; Law no. 21 of 1995 concerning State Land and Real Estate and; Law no. 1 of 1995 concerning the Public Eminent Domain Law.

Under Yemeni legislation, land could be classified as: (a) privately-owned land, (b) state-owned or government land, (c) communal land, (d) endowment/ waqf land: agriculture land, (e) land for neighborhood rights, (g) squatters occupied land. The Legislation includes several provisions that regulate the process of declaring land plots for public interest, the provisions for expropriation and compensation; and the definition of rights of owners and use of communal property.

Land acquisition is regulated by the Public Eminent Domain Law no. 1 of 1995 which aims at locating and identifying State Lands and Estates and establishing plans that identify such lands, and protect and maintain them against any kind of aggression. According to Article 1 of this law, ministries, authorities and general intuitions may carry out acquisitions for the public interest when justified by necessity, in return for fair compensation. Article 2 of the same law states the definition of “Projects of Public Interest.”

The main institutions responsible for land-related issues are the General Authority for Land Survey and Urban Planning (GALSUP) through the Land Department, Planning Department, Notary Public Department and the Control and Inspection Department. The Ministry of Public Works and Highways (MoPWH), the Ministry of Finance (MoF) as well as the Local Councils which also plays an institutional role in regulating land issues.

Moreover, under Articles 18 to 20 of the Law of State Lands Real Estates, the Minister of Justice establishes a permanent or temporary EC in every governorate, or for each individual case that comprises a judge, who takes the role of chairman, an engineer, a representative of the expropriating authority, and the owner(s) of the expropriated real estate or their representative. The EC role is to consider the various pieces of legislation related to land acquisition and rights of squatters on public land while making compensation for involuntary settlement.

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

MWFP to resolve.

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The practical application of the law confronts many challenges including the growing confusion over communal land and privately-owned land and the trend of increasing private 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.

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 variety of unacceptable impacts including dismantling of production systems, impoverishment of people, relocation of displaced persons to environments that do not suit their skills, weakening of community institutions and social networks, dispersion of extended families and kin groups and loss of cultural identity. However, well-designed resettlement programs may represent good development opportunities. WB OP 4.12 is a road map for the identification, preparation, and implementation of Bank-funded programs with a focus on minimizing negative social and economic impacts on individuals and communities.

The overall objective of OP 4.12 is to avoid IR where feasible by exploring alternatives. If IR is unavoidable, resettlement activities should be conceived and executed as sustainable development programs where displaced persons should be meaningfully consulted. Resettlement programs should work to improve the livelihoods of the Project Affected Persons (PAPs).

The policy covers the direct economic and social impacts that result from Bank-assisted projects and are caused by the involuntary taking of land resulting in relocation or loss of shelter, loss of or access 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 areas resulting in adverse impacts on the livelihoods of the displaced persons.

Potential Impacts

Generic short and long term environmental and socio-economic impacts potentially occurring from involuntary resettlement include:

Disruption of production and income generation both on temporary and permanent bases;

Loss of land or other assets; Affecting the incomes of local communities by introducing new income

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

Under MWFP, the above impacts are not predicted to be encountered by local communities. However, temporary impacts associated to the construction phase

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including physical works will occur. These will be mitigated through measures described in the Environmental and Social Management Plan (ESMP).

Purpose and Key Elements of the RPF

The purpose of this RPF is to establish resettlement objectives, principles, organizational arrangements, overall design of the resettlement program, and funding mechanisms for any resettlement operation that may be necessary during the MWFP preparation and implementation phases.

When the precise location and exact extent of land acquisition by MWFP becomes known during the implementation phase, site specific Resettlement Action Plans (RAPs) or Abbreviated Resettlement Plans (ARPs) should be prepared, depending on the scale and severity of impacts. The resettlement process should be finalized prior to the commencement of any physical works.

If the need arises to resettle PAPs, the resettlement process will follow the principles outlined in this RPF and shall take the social context into account and adapt it to local conditions. This RPF along with the suitable resettlement instrument will be used for establishing appropriate mechanisms that will be specifically tailored to deal with resettlement problems that might arise as a result of MWFP.

This RPF consist the following elements, consistent with the provisions described in OP 4.12, paragraph 2 and 4. Each of these elements will be discussed in chapter one, two and, three in full detail.

a brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a resettlement plans can not be prepared by project appraisal,

Principles and objectives governing resettlement preparation and implementation, A description of the process for preparing and approving resettlement plan, Estimated population displacement and likely categories of displaced persons, to

the extent possible, Eligibility criteria for defining various categories of displaced persons, Methods of valuing affected assets, Organizational procedures for delivery of entitlements, A description of the implementation process- linking resettlement implementation

to civil work, A description of grievance redress mechanisms, A description of the arrangements for funding resettlement, including the

preparation and review of cost estimate, the flow of fund and, contingency arrangements,

A description of mechanisms for consultations with, and participation of, displaced persons in planning, implementing, and monitoring,

Arrangements for monitoring by implementing agency and, if required, by independent monitors,

A legal framework reviewing the fit between Yemeni law and legal framework and Bank policy requirements and measures proposed to bridge any gaps between the two systems,

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CHAPTER ONE: PROJECT SPECIFIC INFORMATION

1.1 Al Mokha Wind Farm 60 MW Project (MWFP)

1.1.1 Project Background

The power sector in Yemen is facing many challenges in providing reliable energy service. The country has the lowest population access to electricity in the region. Little over 40% of the total population has access to electricity compared to a regional average of about 90%. Because power generation in thermal power plants causes many environmental impacts including deteriorating air quality, increasing greenhouse gas emissions and depleting natural resources from fossil oil, the Yemeni Government has initiated the Renewable Energy Strategy and Action Plan (RESAP) in which different sources of renewable energy have been investigated. It was concluded that wind energy, along with solar energy, are potentially among the most feasible sources of renewable energy in the country.

The Ministry of Electricity and Energy (MoEE) has investigated wind resources at a number of sites in the country, focusing in Al Mokha and Hodeidah regions, as a preliminary step for implementing a wind farm project. The results of these investigations have shown favorable conditions in Al-Mokha compared to Al Hodeidah. Accordingly, MoEE is currently planning for implementation of the Al-Mokha Wind Farm Project (MWFP).

Wind energy is a fast growing renewable energy source throughout the world, which has gained popularity in recent years due to soaring fossil fuel prices and improved wind harvesting technologies. While wind energy is an environmentally friendly and clean technology, there are potential environment impacts from the wind farm and associated power lines on biodiversity, particularly birds and other airborne animals (such as bats).

1.1.2 Project Objective

Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of demonstrating the financial feasibility of wind power by implementing the first wind power development project in Yemen and adding 60 MW of clean power to the national grid.

1.1.3 Project Proposed Location and Components

The proposed location of MWFP is located on the coastal area in the western part of Yemen. Typically the coastal area in the western part of Yemen is semi-desert with rare vegetation and rare inhabitation. The project site is around 4 km far away from Al-Mokha port. The proposed project site is located in the vicinity of the existing Al-Mokha Thermal Power Plant as the generated power shall be connected to the existing substation of the thermal power plant (The proposed site for Al Mokha is shown in figure 1.1 below).

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Figure 1.1: The Proposed Location of Al Mokha Wind Farm

The project site occupies an area of about 48 km2 and will involve installation of wind turbines with a total capacity of 60 MW that will be connected to the national grid.

The target capacity of the project (60 MW) will be met by introducing a number of Wind Turbines Generators (WTG). The Feasibility Study consultants have developed three scenarios for WTGs rating, number and layout. The prepared Environmental and Social Impact Assessment (ESIA) also explored the proposed scenarios in terms of the environmental and social impacts and conclude that the scenario that involves the installation of 30 WTGs each of 2 MW capacities with hub height 78m, shown in turquoise color in the layout shown in Figure 1.2 is the most feasible scenario from environmental and social perspectives. The ESIA Chapter on Project Alternatives describes the three scenarios in more detail and concluded that the selected alternative is favorable in terms of the following considerations:

1. The most energy production (optimization option)2. Least impacts on sensitive habitat of the area, particularly migrant birds

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3. The least impacts on aesthetic view 4. Less generated waste during construction (less construction works)5. Less impacts on traffic and generation of vehicles air emissions6. Longer life span and less maintenance requirements7. Less noise, vibrations and shadow flickering effects

In addition to the WTG, the project components also include other components like internal roads which will include a connection from the main road (as indicated in Figure 1.2 below), a main distributor road and three stretches serving WTG rows. Project components will also encompass internal cabling which will connect each row of WTGs, underground 33 Kv cables and 3/132 substation which will be located at the southwest respect of the project site. Overhead 132 Kv power line will also be installed to connect the wind farm substation to MPP substation for a distance of about 2.6 km. Moreover an input portal shall be built for phase cables mooring at the Mokha Power Plant (MPP) substation.

Figure 1.2 The Three Proposed Scenarios of WTG in the Project Site.

The turquoise color refers to the preferred scenario (scenario 3), while the purple and green colors present the two other alternatives. The yellow lines represent the access roads that will be established as part of the project and the black lines represent the power cables. The few red dots represent the communities within the project area.

1.1.4 Why Not Prepare RAP/ARP During Project Appraisal?

It is not possible to prepare a RAP or ARP during the project appraisal as the precise location of WTGs has not yet been known. RPF is then the appropriate resettlement instrument that the Project Management Unit (PMU) can feasibly submit to the Bank as condition to project for appraisal.

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When of the precise location of the WTGs is known and if it is determined that MWFP’s activities will necessitate involuntary resettlement, then RAP/ARP consistent with this RPF will be prepared and submitted to the Bank for approval. The RAP/ARP document will be submitted to the Bank prior to starting of any construction work.

1.2 Principles and Objectives Governing Resettlement Preparation And Implementation

1.2.1 Policy Principles

Involuntary Resettlement (IR) resulting from development projects will, if unmitigated, give rise to difficult economic, social, and environmental risks that may lead to a variety of unacceptable impacts including: i) dismantling production systems, ii) impoverishing people when their productive assets or income sources are lost, iii) relocating of displaced persons to environments where their productive skills may be less applicable and the competition for resources greater, iv) weakening of community institutions and social networks, v) dispersing of extended families and kin groups; and vi) losses of cultural identity, traditional authority, and the potential for mutual help.

On the contrary, a well-designed and a well-implemented resettlement program may represent good development opportunity. By providing proactive mitigation measures, that will lead to sound resettlement planning, OP 4.12 is designed to ensure that Project Affected Persons (PAPs) are not negatively affected by Bank-financed projects. It is a road map to be used by practitioners in the identification, preparation, and implementation of Bank-funded programs with a focus on minimizing involuntary resettlement’s negative social and economic impacts on individuals and communities.

1.2.2 Policy Objectives

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

and executed as sustainable development program, providing sufficient investment resources to enable displaced persons to share the project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs and compensation measures; and

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

1.2.3 Policy Coverage

The Bank policy on involuntary resettlement covers the direct economic and social impacts that both result from Bank-assisted projects and are caused by:

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The involuntary taking of land resulting in relocation or loss of shelter, or loss of access 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 areas resulting in adverse impacts on the livelihoods of the displaced persons.

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

1.3 Preparing and Approving Resettlement Plans

During implementation of the MWFP, the scale and severity of its impact will be assessed and determined. Since the precise location of turbines, transmission lines and Diesel Generator sets are not yet known at this stage of the project, it is recommended that the preparation and disclosure of this RPF is conditional for its appraisal.

If, in a very unlikely circumstance, involuntary resettlement and involuntary acquisition of land becomes an unavoidable reality, the MWFP will consider preparing ARP or RAP1 that must be consistent with this RPF.

Preparing and processing ARP or RAP entails: i) screening and reviewing MWFP areas, ii) conducting census and socioeconomic survey around and within the MWFP areas, iii) establishing eligibility criteria, iv) conducting consultations, v) preparing the ARP or RAP document, vi) reviewing the document and, vii) assessing and identifying the resettlement implementing agency implementation capacity and building its capacity.

1.3.1 Resettlement Instruments

If resettlement planning is applicable to MWFP, then the next question will be which of the Bank’s resettlement planning instruments will be appropriate to address the project’s impact sufficiently.

Choosing the kind of instrument to be used by the project will be the responsibility of Bank task team. The team will have to weigh the scale and magnitude of impact and choose the appropriate planning instruments from the following:

Resettlement Action Plan Abbreviated Resettlement Plan Process Framework

1.3.1.1 Resettlement Action Plan (RAP)

The preparation of this planning instrument is dependent upon the scale of the MWFP impacts on livelihoods. RAP is prepared when the details of the MWFP are known at

1 Detailed guidelines for preparing a RAP are available one the World Bank's website www.worldbank.org .

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http://www.worldbank.org/


appraisal. A full RAP is required when: a) more than 200 individuals are affected; b) all of the PAPs lose more than 10 percent any of their holdings; c) the remainder of their land is economically unviable; and (c) they have need for physical relocation. For more details on the process of RAP preparation and the different resettlement steps within the project cycle see Annex I.

1.3.1.2 Abbreviated Action Plan (ARP)

This planning instrument is prepared if the resettlement impacts are minor or the MWFP displaces fewer than 200 people. Resettlement impacts are considered minor if: (a) all of the PAPs lose less than 10 percent of their land, regardless of the number of PAPs; (b) the remainder of their land is economically viable; and (c) they have no need for physical relocation. For more detail see Annex I.

1.3.1.3 Process Framework (PF)

The Process Framework is prepared if the operation of MWFP imposes restrictions of access to legally designated parks or protected areas. If the project restricts access to common property or natural resources as a result of its activities, it is then imperative that the project prepare and submit a process framework as a condition for appraisal.

1.4 Estimated Population of PAPs and Categories of PAPs

Size of households: The field interviews, surveys and observations carried out showed that very small and sparse communities are currently living within and around the project sites. There are 93 households within the project site of which 3 are uninhibited households and one is a grave. The survey showed that the total population of those households that accepted to reveal their information is 339 individuals. Their sizes and settlement is depicted by Table1.1 below.

Table 1.1 Sizes of Settlements within the Project SiteName of the VillageNumber of Village Households

Al Holeiby24 housesAl Oksh33 housesSeriga32 houses

Length of settlement: The residents of the three villages are originally Bedouins who used to wander in the desert seeking water and grass for their animals. They mentioned that they have lived in this site since 1990, while a few of them mentioned that they have lived there for 35 years. According to them this place includes a multitude of attraction factors that allowed them to make a living and settle. These factors include access to open space and natural resources like trees which allow them to cut and burn wood both for domestic activities and selling. The site also enjoys proximity to the sea, which allows a portion of the residents to work in fishing. Moreover, proximity to Al Mokha allows access to economic opportunities in Mokha. Annex II of the RPF presents full report for the registration survey including the key findings from the field.

Means of livelihoods: The main occupations include working as daily laborers in Mokha port, fishermen, firewood sellers and shepherds. Moreover, proximity to the high way allows some of the young male residents to make a living through offering

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transport services to the road users. Almost all women do not work outside homes except in very limited activities that involve collecting wood and limited grazing. Women and female children are fully responsible for domestic works.

Housing style: The most dominant housing style in the settlement within the project areas are mostly of unstable structure. This is what local people call “the Tihama coastal houses" which is very close to cottages. The most dominant construction materials for these structures are mud, straw, trees wood and palm leaves. In very few cases residents used cement bricks in supporting their shanties.

It should be noted that the majority of the people in the area could be categorized by law as “squatters” due to the fact that almost all of them do not own the legal documents that proves their ownership of the land2.

Vulnerable groups: Consideration must be given and assistance provided, where necessary, to those most vulnerable groups if involuntary resettlement becomes unavoidable option. The likely PAPs under MWFP, among other categories, are vulnerable groups who could be included under the following:

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

and Those who do not have alternative sources of income apart from the land

resources- based activities.

Under the World Bank OP 4.12, there is clear emphasis on the need to give special attention to the rights of vulnerable groups to make sure that they are not excluded from any measures adopted within overall resettlement actions. Importance is given to a fair treatment of vulnerable groups out of a belief in the role played by social identity in determining who has access to which resources. Vulnerable groups are normally at a higher risk of impoverishment.

If the decision is made to prepare ARP or RAP, the MWFP will conduct a census survey and a socioeconomic study to help identify vulnerable groups whose livelihoods might be impacted. The result of the census and the socio-economic study will be used to determine the appropriate types of compensation and the forms of assistance to be provided to vulnerable groups. Types of assistance are varied. For example, assistance with the compensation payment procedure might include going to the bank with the person to cash the compensation check; or assistance with the post payment period might require reducing risks of misuse/robbery; or assistance during moving might require providing a vehicle and driver; or assistance at the moving stage might necessitate providing materials, labor, or building houses; or assistance with health care at critical periods such as the moving and transition periods, etc.

Local communities within the project area are of the poorest groups precautionary measure will be taken to ensure that the local population maintains access to the various common resources in the areas, including access to grazing and logging 2 WB OP 4.12 emphasizes the rights of these groups in receiving resettlement assistance, in case OP 4.12 is triggered. The Yemeni Law no 21 of year 1995 concerning State Land and Real Estate also protects the rights of squatters and several local mechanisms were tailored in several Governorate to deal with these cases (as will be mentioned in more details below).

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The PMU is responsible for implementing these measures. The PMU will work to ensure and facilitate the efficient implementation of the social and economic mitigation measures outlined in this RPF and will be responsible for creating communication channels between communities and the relevant authorities and the Local Councils.

1.5 Eligibility Criteria

Since MWFP impacts have not yet been known it is not possible to determine who is qualified or not qualified for compensation benefits. Nonetheless, all PAPs who suffer complete or partial losses of assets or access to assets shall be eligible for some kind of assistance, according to their legal rights to the land, if it can be proven that they occupied the land before the claim cut-off date. The Bank OP 4.12 specifically proposes the following three general categories for eligibility:

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 assets, provided such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and

Those who have no recognizable legal right or claim to the land they occupy.

Eligibility for compensations will recognize private, customary or traditional rights as well as formal and informal contractual rights. Since the MWFP will not require involuntary land acquisition, its operation will not affect land ownership, customary, and traditional rights or formal and informal contractual rights.

1.5.1 Compensation under Land Ownership

As planning information becomes available, land ownership and severity of impact shall be used to determine compensations for resettlement entitlements. The type of ownership or claim, in combination with the severity of impact, determines the relevant resettlement entitlements, which are generally defined in proportion to the impact on PAPs.

1.5.2 Compensation under Severity of Impact

OP 4.12 stated that eligibility under the severity of impact may range from minor to severe impacts. Minor impacts occur when less than 10% of productive assets are lost with no physical relocation required. Impact is severe when more than 10 percent of land or resources are taken and when physical relocation occurs from one’s residence or place of business, or people suffer significant loss of livelihood and income. As previously mentioned, the number of PAPs under MWFP will reach around 20 families in the three villages. However, the impacts do not involve involuntary resettlement. The nature and severity of impacts are expected to be within acceptable levels and several positive returns are expected to compensate those temporary negative impacts like construction inconvenience. In the meantime, the ESMP presented mitigation measures that will adequately deal with the negative impacts and will ensure that they are reduced to a minimal level.

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1.5.3 Establishing Procedures and Eligibility Criteria

If MWFP requires resettlement planning to address adverse impact on livelihoods, the PMU will develop a procedure satisfactory to the Bank for establishing the criteria by which PAPs will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful multi-stakeholders consultations with PAPs and PAP-communities, local authorities and relevant NGOs, and government agencies.

1.6 Compensations and Methods for Asset Valuation

1.6.1 Asset Valuation

The valuation of losses in physical assets will be carried out by assessing the market value of the assets, if known, and estimating the replacement cost. Replacement cost is simply calculated as the cost of replacing the lost assets plus any transaction costs associated with bringing the asset to pre-displacement value. Replacement cost will differ depending on the type of asset, as illustrated in Table 1.3 below.

Table 1.3: Replacement Cost for Tangible AssetsAsset Replacement CostAgricultural Land

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

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

Houses / Other Structures

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

Source: WB OP 4.12

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

1.6.2 Asset Valuation Method

Law no. 21 of 1995 concerning State Land and Real Estate defines the formation of an Estimation Committee (EC) to be in charge of estimating the value of compensation. The committee should consist of a judge, an engineer, representative of the expropriated entity, and the owner of the expropriated real estate. The law stipulates that the EC should look at number of plantations and establishments. If there was more than one owner and they did not agree on one representative, then the

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majority decides. Otherwise the president shall appoint an expert as a representative of the owner. Decisions of the EC are based on the majority vote. The PMU should be represented in the EC.

1.6.3 Compensation

Fair compensation3 is a constitutional condition for lawful expropriation according to Article 1166 of the Civil Code no. 19 of 1992 which stated that no one is to be deprived of his/her property except in accordance with the law and in exchange for fair compensation.

Compensation will be provided to all individuals whose assets or access to assets is severely affected or damaged, as a consequence of land acquisition or any other activities 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 eligibility of the PAPs. Compensation may come in the form of cash compensation, in-kind compensation, 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 similar size, value, and quality. The decision as to which type of compensation is used should be jointly agreed upon between the PMU and the PAPs and shall be subject to the availability of replaceable assets. Moreover, development and resettlement transitional assistance 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 any resettlement plan (i.e. short-term jobs, subsistence support, moving allowance, salary maintenance, food assistance, etc).

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

As part of the resettlement process, a resettlement matrix identifies the expected negative impacts from the sub-project, the eligible persons for compensation, and the compensation policy that is to be applied. Since MWFP is still in the appraisal stage, and plenty of the detailed implementation activities have not be defined, the attached entitlements matrix in Annex II may serve as a generic tool for identifying the possible losses arising from the project and the respective entitlement benefits of the PAPs. However, it should be noted that the impacts assessment performed concluded that none of the types of loses in the entitlement matrix will be encountered by local communities within the project site. It is thus believed that the proposed mitigation measures will provide all the necessary actions to mitigate any potential negative impact.

In general terms and in projects where OP 4.12 is triggered, measures should be considered to ensure that PAPs are: Informed about their options and rights;

3 According to Law no. 21 of 1995, EC should be in charge of estimating the value of compensation as previously mentioned. Fair compensation is a constitutional condition for lawful expropriation according to article 1166 of the Civil Code No. 19 / 1992.

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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 the PAPs 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, and other 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 includes measures to ensure that PAPs are: Offered support after displacement, for a transition period, based on a reasonable

estimate of the time needed to restore their livelihood and standards of living; Provided with development assistance in addition to compensation measures; and Provided with land preparation, credit facilities, training, or job opportunities.

1.7 Organizational Arrangements for Entitlement Delivery

1.7.1 The World Bank

In meeting the objectives of the Bank’s policy on Involuntary Resettlement, the Bank may 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 effectively in resettlement operations;

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

Financing for the investment cost of resettlement.

Along the RAP/ARP cycle, the Bank is also responsible for: Screening findings and advice on the need for RAP/ARP and whether or not other

remedial actions need to be taken; Approving the developed RAP/ARP prior to the execution of sub-projects or

expropriation activities; Contracting the external monitoring consultant; and Reviewing monitoring reports and sending feedback to the PMU.

1.7.2 The Project Management Unit (PMU)

Along the Project Management Unit (PMU) is responsible for: Screening the project activities to check if any activity will result in land

acquisition and involuntary resettlement; Hiring resettlement consultant for the preparation of the RAP/ ARP; Preparing the ToRs for the LRC;

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Following up on the formation of committees and coordinate with the local authorities;

Ensuring the interest of PAPs, particularly the vulnerable groups, are well addressed by the RAP/ARP;

Sending RAP/ARP for WB approval; Facilitating the different consultation activities; Participating in responding to the grievance and work towards solving related

issues; Overseeing/monitoring the progress in resettlement preparation and

implementation through reviewing regular progress reports; Reporting regularly to the WB on resettlement activities (RAP/ ARP

implementation); Keeping records and 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);

Participating in preparing the external monitoring consultant ToRs according to the WB standards;

Building the capacities of the local resettlement mechanisms on PAPs consultation techniques; and

Reviewing the external monitoring report.

1.7.3 Local Authorities (Local Councils)

The Local Councils are the key governmental authority of relevance to the execution of the resettlement program. Their responsibility in the RAP/ARP execution should involve: Coordinating with other governmental organizations of relevance to the

resettlement program (GALSUP, MoPWH)4; Following up on the resettlement process; Following up on the imbursement of compensation and the provision of the

development assistance; Ensuring that PAPs are consulted and their concerns and interests are considered;

and Through participation in the different committees, playing a role in facilitating

responsiveness to the PAPs grievances.

1.7.4 Non Governmental Organizations (NGOs)

NGOs are key players that should be involved to ensure the efficiency of the resettlement activities and that they are designed and implemented in a manner which is sensitive to the interests of poor and vulnerable groups. In addition to the necessity of NGO representation in the committees, 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.); and

4 Representatives from these organizations as well as any other organizations of relevance should be represented in the LRC.

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Raising funds and mobilizing resources to target PAPs as a method for improving their living conditions post resettlement.

1.7.5 External Consultant(s)

Although it is not expected that OP 4.12 will be triggered as part of MWFP, the input of an external consultant will be needed along the project if need arises for the preparation of RAP/ARP. The consultant, in this unlikely case, will be needed to assist in the following issues:

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

applying the socio-economic survey; and Prepare training materials and provide the training to LRC members on legislative

issues related to resettlement (particularly OP 4.12) as well as methods for engaging and consulting stakeholders (particularly PAPs) and monitoring techniques, 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; and Review monthly and quarterly monitoring reports and other secondary data.

1.8 Implementation Process and Linkage to Civil Works

1.8.1 Resettlement Plans

The process of preparing MWFP resettlement plans, if required, will involve the following: Establishing the cut off date and carrying out a census to identify PAPs; Conducting census and generating information about the PAPs, their entitlements

regarding compensation, resettlement and rehabilitation assistance as required; Identifying disturbances, especially those affecting income-earning activities, and

properly recording compensation or asset replacement; and Preparing a time phased action plan with a budget and making provision of

compensation, resettlement, and other assistance as required, based on the census and inventory of losses, and in consultation with the PAPs.

The Special Purpose Company (SPC) through the PMU and the Social Development Officer (SDO) shall ensure that following the census, ARP or RAP is prepared for MWFP activity that triggers resettlement. The PMU may employ a private consultant to provide valuation services required for the ARP or RAP. This assignment shall be financed by the project.

In case of involuntary resettlement, approval of the new pieces of land to be used for resettlement shall be sought from the Government of Yemen in consultation with local communities and affected individuals.

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To ensure transparency of procedures, PAPs shall be informed of the method of valuation used to assess their assets. All payments of compensation, resettlement assistance and rehabilitation assistance, as the case may be, shall be made in the presence of the PAPs in question and the local leaders.

1.8.2 Timeframes

The following key timeframes shall apply unless otherwise agreed between the SPC and SDO, the Resettlement Committee and the PAPs:

That asset inventory shall be completed at most four months prior to the commencement of work;

That the resettlement plan shall be submitted to Special Purpose Company (SPC) for approval immediately after completion of asset inventory; and

That civil works shall commence after compensation, resettlement and rehabilitation activities have been affected.

Timeframes shall be drawn up and agreed upon by all parties including the PAPs.

Compensation payments for acquired land, affected assets and resettlement of households must be completed as a condition for the taking away of land and before commencement of the civil works under the MWFP.

Adequate time and attention shall be allowed for consultation of both the PAPs and host communities before bringing in the newcomers. The actual length of time will depend on the extent of the resettlement and compensation and will have to be agreed upon by all parties.

1.8.3 Linking Resettlement Implementation to Civil Works

PAPs will need to be compensated before work on MWFP can begin. The compensation shall be done in accordance with this Resettlement Policy Framework and subsequent resettlement and compensation plan(s).

For activities involving land acquisition or loss, denial or restriction to access of resources, the MWFP will make adequate provisions for compensation and for other assistance prior to the actual displacement and relocation. The assistance includes provision and preparation of resettlement sites with adequate facilities.

In particular, land and related assets for MWFP activities may be taken away only after compensation has been paid and resettlement sites and moving allowances have been provided to PAPs. For MWFP activities requiring relocation or resulting in loss of shelter, the project will take measures to ensure that PAPs are assisted and resettlement program is implemented in accordance with the ARP or RAP.

In the Implementation Schedule of the ARP or RAP, details on resettlement and compensation must be provided. The schedule for the implementation of activities, as agreed between the PMU/PIU and PAPs must include:

Target dates for start and completion of MWFP civil works; Timetables for transfers of completed civil works to PAPs;

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Dates of possession of land that PAPs are using (this date must be after transfer date for completed civil works to PAPs and for payments of all compensation); and

The link between RAP activities to the implementation of the overall MWFP.

When approving recommendations for resettlement during screening, in compliance with this policy framework, PAPs must confirm that the resettlement plans contains acceptable measures that link resettlement activity to MWFP civil works. Proper timing and coordination of the MWFP civil works will be made to ensure that no affected persons will be displaced (economically or physically) due to civil works activity. Compensation is paid in full before any MWFP activity can begin.

1.9 Grievance Redress Mechanisms

1.9.1 Objective of Grievance Redress

The grievance redress mechanisms shall be designed with the objective of solving disputes at the earliest possible time, which will be in the interest of all parties concerned. World Bank OP. 4.12 emphasizes that the PAPs should be heard. Therefore, they should be fairly and fully represented in an appropriate way. The mechanism should implicitly discourage referring matters to a court for resolution.

Like many other rural areas in Yemen, the role traditional institution in resolving disputes through mediation, customary tribal arbitration, and mutual according is important in Al Mokha. Customary justice is regarded as less expensive than state courts. The traditional tribal conflict prevention and resolution system has been and is remain to be the main and most effective mechanisms for conflict management. It has a set of comprehensive rules and traditions that prevent conflict by regulating the use and sharing of resources, prescribe methods for resolving conflicts, and impose enforcement mechanisms. Most disputes in Yemen are originated form water right and land ownership. The tradition of collective responsibility governing tribal culture has helped keep customary laws strong and effective in resolving land disputes. It has played and continued to play an important role in addressing rural land needs of public benefits projects in the Yemen.

The grievance procedures will ensure that the PAPs are adequately informed of the procedure before their assets are taken. A grievance mechanism should be devised in order for the PAPs to be able to voice their concerns, complaints, or dissatisfaction with any part of the compensation process and seek redress. This RPF sets the outline of the grievance mechanism that should be agreed upon and used by the MWFP in case RAP/ARP is triggered. Simply, complaints can be made concerning the:

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

Grievances should be addressed by traditional and tribal institutions or special committees might be formed as an independent mechanism for the purpose of receiving and responding to grievance in order to ensure that PAPs’ grievances are treated fairly and timely.

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Grievance Redress Approaches

Proactive approacha) Widespread disclosure of project

backgroundb) Clarification of criteria for eligibility

for assistance under the RPF framework

c) Establishing a committee of honorable and respected persons

(community leaders, Local Councils, religious persons, etc.), to review any

grievances that may result from the project (e.g LRC)

Reactive approacha) Settle disputes amicably

b) Deal with disputes to the extent possible at the local level using local

mechanisms, particularly those that insure vulnerable groups get fair

treatmentc) If disputes cannot be solved at the

local level, the PMU and other relevant organizations should review

specific complaints. Highly skilled persons in communication and

dispute resolution should review PAPs grievances


The committee should collect and review the grievances (in coordination with the representative local public official) monthly and the PMU should also play a role in facilitating the response to these grievances. Particular attention will be paid to vulnerable groups. It is also very important for the committees to ensure proper documentation for all grievances and their resolution within a timely manner for the monitoring process. Capacity building of the local committees is essential in order to enable them to efficiently implement the different activities under the RAP/ARP.

It is recommended that in order to minimize the cases that are taken to the court and avoid long and tiring litigation the local social context is careful consider, the Yemeni customary law consistent with OP 4.12 are followed. However, if the grievances or other disputes cannot be resolved through customary arrangements and administrative actions, the PAPs can initiate legal proceedings in accordance with provincial and national law (Article 51 of the Yemeni Constitution5) and have recourse to the Appellate Courts and the Supreme Court, but this should be reserved as a last option. The grievance redress approaches could be divided into proactive and reactive approaches as illustrated under Figure 1.4 below.

Figure 1.4: Main Approaches for the Grievance Redress

1.10 Sources of Financing for Funding Resettlement

As soon as the activities triggering IR have been identified and approved by relevant agencies and the WB, realistic cost estimates shall be calculated based on the data collected from the socio-economic survey on the estimated number of PAPs that are likely to be affected by the project and the quantity and types of affected assets. The consultant in charge of the RAP/ ARP preparation shall consider that the budget

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

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should include all of the anticipated impacts under the project and calculate the cost (compensation, administrative costs and monitoring, support assistance, etc.) according to actual replacement costs (at market value). The PMU, supported by the WB, should be responsible for any compensation for land acquisition as well as any capacity building activities done as part of the RAP/ARP process.

Under the MWFP, it is not expected that RAP/ARP for any of the project components will be needed. However, some contractual procedures have been proposed by the ESMP in order to minimize any potential negative impacts on the communities within the project site. It is expected that these procedures will be fully funded by the contractor. Other complementary mitigation measures like capacity building and setting feedback and communication mechanisms have been considered with budget allocations under the ESMP budget.

1.11 Consultation and Participation

Community consultation and participation will be undertaken from the planning stage to implementation and monitoring phases of MWFP. Hence consultations and participations shall be mandatory for all MWFP components requiring: a) land acquisition, b) compensation and, c) resettlement.

1.11.1 Notification Procedure

The MWFP, through SPC, shall by public notice, and publicly announce in the media (daily newspapers, national television, national broadcasting radios), notify the public of its intention to acquire land assigned for the project.

The notice shall state:a) Government’s proposal to acquire the land;b) The MWFP purpose for which the land is needed;c) That the proposal or plan may be inspected by PMU or the offices of

the local authorities in the project district, during working hours; andd) That any person affected may, by written notice, object to the

transaction giving reasons for doing so, to the MWFP staff (namely the SDO) with copies to the local authorities and the within 14 days of the first public announcement or appearance of the notice. Assurances will be made that affected persons have actually received this information and notification.

1.11.2 Public Consultation Mechanisms

Public consultation and participation will be an essential feature of MWFP. The project will use public consultation as a platform for providing an opportunity to inform its project beneficiaries and other key stakeholders. MWFP will use public consultation and participation to create sense of ownership for the project. The consultation mechanism will be devised with the aim of providing people with an opportunity to present their views and values. It will encourage discussion on and consideration of sensitive social and economic mitigation measures and potential trade-offs.

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In view of the above, the public consultation, within the context of MWFP, will afford PAPs an opportunity to contribute to both the design and implementation of its resettlement activities. Particular attention shall be paid to public consultation with PAPs, households and homesteads, and host communities when resettlement and compensation concerns are involved and resettlement is unavoidable option. In so doing, the likelihood for conflicts will be reduced.

As a matter of strategy, the MWFP public consultation shall be an on-going activity taking place throughout the entire project cycle. Hence, public consultation shall take place during the:

Project inception and planning; Screening process; Feasibility study; Preparation of project designs; Resettlement and compensation planning; Drafting and reading/signing of the compensation contracts; Payment of compensations; Resettlement activities; and Implementation of after-project community support activities.

The MWFP public consultation and participation shall take place through local meetings, radio and television, request for written proposals/comments, completion of questionnaires/application forms, public readings and explanations of the MWFP ideas and requirements.

The MWFP public documents shall be made available in English and Arabic at the national, local and homestead levels and at suitable locations including the official residences/offices of village governments and village elders.

The MWFP public consultation measures shall take into account the low literacy levels prevalent in the rural communities, by allowing enough time for discussions, consultations, questions, and feedback.

1.12 Monitoring and Evaluation Arrangements

Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have the following objectives: Monitoring of specific situations or difficulties arising from implementation and

of the compliance of implementation with objectives and methods set out in the RAP/ARP;

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

Evaluation of medium and long-term impacts of resettlement on affected households’ livelihood, environment, local capacities and economic development.

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

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1.12.1 Internal Monitoring

Internal monitoring of the implementation of the project RAPs will be the responsibility of the PMU which includes a staff member dedicated to monitoring results. This should be done in full collaboration with locally devised resettlement mechanisms. The PMU will oversee the progress in resettlement preparation and implementation through regular progress reports. The PMU should collect information every month from the different resettlement committees. A database of resettlement monitoring information should be established and updated monthly. Quarterly internal monitoring reports should be prepared by PMU and submitted to the WB. Quarter reports shall include information about the various monitoring indicators as presented in Box 1.1 below.

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

Box 1.1 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 to determine the need for the preparation of a RAPb) Payment of compensation to PAPs in various categories, according to the compensation policy described in the RAP; with special focus on the vulnerable groups and no discrimination according to gender, tribal backgrounds or any other factorc) Delivery of technical assistance, relocation, payment of subsistence and moving allowancesd) Delivery of income restoration and social support entitlementse) Public information dissemination and consultation proceduresf) Adherence to grievance procedures and outstanding issues requiring management’s attention and equality of accessg) Attention given to the priorities of PAPs regarding the options offeredh) Coordination and completion of resettlement activities and award of civil works contracts

1.12.2 External Monitoring

In accordance with WB requirements for consultant procurement, the PMU should hire an organization for the independent monitoring and evaluation of RAP/ARP implementation. The organization should be specialized in social sciences and experienced in resettlement monitoring. The organization should start its work as soon as the updated RAP has been approved.

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

The competence and effectiveness of the project implementing agencies (PMU); 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; and Effectiveness of the grievance redresses mechanism.

Evaluation, however, is intended to ensure that policies (both Yemeni and the WB’s) have been 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 objectives and methods as set out in this RPF;

Assessment of the compliance of resettlement activities with the laws, regulations and safeguard 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; and

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; and The World Bank’s OP 4.12 on Involuntary Resettlement.

The evaluation of resettlement activities will be part of general assessment and review activities undertaken for the MWFP as a whole.

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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 and institutional framework in respect of property rights and land expropriation. The Chapter also includes a review of current institutional arrangements, valuation and compensation methods, grievance and redress procedures, administrative and court appeal mechanisms, and legal requirements for the disclosure for information. It also sheds the light on the main issues and challenges related to land management system in Yemen.

2.1 Main National Legislation that Regulates Land Acquisition

Yemeni Legislation includes several provisions that regulate the process of declaring land plots for public interest, the provisions for expropriation and compensation and the definition of rights of owners and use of communal property. The key subjects related to land property and land acquisition and the main pieces of Yemeni legislation that deal with them are summarized in Box 2.1 below:

Box 2.1: Issues Related to Land Acquisition and the Yemeni Relevant Laws6 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 Decree 170, 1996

Waqf / Endowment LandWaqf Law no 23 year 1992 and The Republican Decree 99, 1996

Agriculture LandYemeni Constitution, Article 7, papra (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

6 The source of information presented in Box 2.1 above are cumulative from various previously prepared RPFs for other projects in Yemen as indicated in the List of References. Several pieces of laws that were referred to along this chapter have also been reviewed by the consultant.

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2.1.1 Land Ownership within the Yemeni Legislations Framework

Land ownership is based mainly on the principles of Islamic law (Shari’a law). The main types of land are categorized in Figure 2.1 below.

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

2.1.2 Privately Owned Land

Privately owned land covers all land held in private ownership, urban or rural, which is neither waqf nor miri. It is subject to Sharia Law which dictates that the direct descendents of the rightful owner will inherit the land on the death of the owner, and only if this is not possible indirect descendents may inherit it. Private land may be Freehold, in which case certain interests are owned in perpetuity, or Leasehold, where certain interests are for a specific period. Other than that, privately owned land is administered under customary law through a "Title Deed" or other contractual document signed by a religious authority or a sheikh who is also responsible for ownership records. While this practice provides for the availability of information on tenure, boundaries and other features, there is often conflict between these documents and the details shown in cadastral records. Private land property is also governed by the constitution and the Civil Law as indicated below:

Box 2. 2: Yemeni Legislations Governing Private Land PropertyConstitutionArticle 20Public appropriation of property is forbidden. Private appropriation is unlawful without judicial decisionArticle 7 Paragraph (c) “Private property shall be respected and protected. Actions contrary to what have been stated will be taken if and only if it is absolutely necessary and is in the best common interest and against fair compensation in accordance with the Law.”Civil Law

Type of Land

Privately Owned State Owned (miri) Communal PropertyReligious Land

(Waqf)Land used by

Squatters

Land for Neighbor-hood Rights Other Types of Land

Barren Land Desert Land White Land Marafeq Amaa

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Article 1159The article does not give the right to anyone to deprive any other of his property except in accordance with the provisions of jurisprudence and the procedures described therein, and against fair compensation in accordance with the law.Article 1154 “Only the owner of the entity can benefit from it, use it and exploit it as he wishes but within the limits of the provisions of the Jurisprudence laws.”

However, the practical application to private land management issues confronts many challenges including: No full inventory of privately owned land exists; The growing confusion over communal land and the privately owned land which

result in lack of clarity and conflict; There is a trend toward increasing 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 little public confidence in the Land Registry, mainly in the rural areas

where owners depends on local community leader for obtaining documents / deeds, which is the base for non-registered land, and Sheiks who are the prime beneficiaries of land conflict cannot be neutral arbitrators; and

An ineffective court system overburdened with land conflict cases and the absence of defined classifications for the issues related to land acquisition in the Civil Law.

2.1.3 State–Owned or Government Land (Miri)

This is defined as whatever the State or public bodies actually own, or own in accordance with the law. Such property shall not be disposed of or confiscated. Individuals shall not be entitled to the ownership of such property as long as it remains public. Any other form of property shall be considered private 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 Articles 118 - 120 of the Civil Law and Law no. 21 of 1995.

Government land7 is land which was previously the property of the formal Royal family and was taken over by state upon the formation of Yemen Arab Republic in 1962. It consist of large areas of open land, land for military use, land on which public service buildings (schools, hospitals and ministries) are built and land granted by the Government for public utility, i.e. roads and streets.

Box 2.3: Yemeni Legislations Governing State/Government Land Property

7 Public property is defined under Article 118 of the Civil Law as: Whatever the State or public bodies actually own, or owns in accordance with the law, such property shall not disposed of or confiscated. Individuals shall not be entitled the ownership of such property as long as it remained public other than this form of property shall be considered as private whether owned by the State or public bodies or owned by an individuals.

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ConstitutionArticle 19Public property and assets have certain inviolability, which should be protected and safeguarded by the state and all civilians. Any infringement or transgression of such property or assets is an aggression and sabotage against society as a whole. The perpetrator of such wrong-doing shall be punished in accordance with the Law.Article 18Public property, funds, assets and property owned by the state or public body corporate, and shall be allocated to public benefit in deed or pursuant to a Law or resolution. Such funds may not be disposed of or be confiscated or put in the possession of individuals as long as these remain public. Individuals or persons may benefit from public funds according to the purposes for which they are designed and in line with the Law. Other than that, funds are private property irrespective of whether owned by the state body corporate or natural persons.Civil LawArticle 118 (Defines Public Property as explained above)Article 119Public Property shall lose its identity by actually ending the purpose for its use as Public Property, or in accordance with a law or a resolution or by ending the purpose for which it has been assigned as public utilization.Article 120The State and Public Bodies may deal with its property in all forms of dealings indicated in the law. Barren lands not owned by any person shall be considered permissible to all, the State or the individual may possess ownership in accordance to what is indicated by the law.Law, No.21 of 1995 concerning State Land and Real Estate

Under this Law, State lands are also deemed to include the following:

White lands: Land which is situated outside the boundaries of official urban plan and connected with surveyed lands. Such lands are situated within the structural plans of cities;

Al Muraheq Al Amma: mountains, hills and steep slopes that receive and discharge rain 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,

where not otherwise the property of an individual; and Land and estate not owned by an individual and with no inheritors according the

principles jurisdictions of Sharia Law.

2.1.4 Communal Land

Communal land is primarily used for grazing and firewood collection. Customary law entrusts sheikhs with the management of communal land but there is a trend towards increasing private appropriation by traditional natural leaders in villages (Sheikhs). In recent years, as land speculation has increased, especially in areas close to towns where there is a growing confusion between communal land and the land they own privately. There is a trend towards increasing private appropriation of communal land. Customary law entrusts sheikhs with the management of communal lands, primarily used for grazing and firewood collection.

Box 2.4: Yemeni Legislations Governing Communal Land Property

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Republican DecreesRepublican Decrees no. (170) of 1996 concerning law no. 21 of 1995 of Lands and Real Estate:Defines it as an annex to cultivated land if it is adjacent to it, and if the average height of the Common-Use Land is not greater than twenty degrees, or similar. If the average height of the Common-Use Land is greater than this average then the slope must be measured from the demarcation line between the Common-Use Land and the adjoining cultivated land such as mountains, mounds, and slopes that constitutes rain water catchment areas and run-off routes. Among Common-Use Land is the ‘great rain water run-off route’ which constitutes the main rain water flow route into which branch routes discharge their content.Article 2 of the Republican Decree concerning Law No. 21 dated 1995 concerning State land and property, Article 41 of the Law referred to above Provide the following definition: “Common-Use Land are considered to be fully and completely owned by the State.”Law no. 21 of 1995 concerning State Land and Real EstateArticle 43The right of ownership of the ‘Raqabah’ by owners of land which is adjacent to Common-Use Land does not take effect in accordance with the provisions of the previous Article (above) until after the expiry of the common benefit rights of neighborhood in these Common-Use Lands.Article 44The right to benefit from Common-Use Land or from parts of it and which is owned by the State remain to all whether for grazing or logging for firewood or others. The State cannot violate these rights except when these violations are in the best interest of all.Article 46Cultivated steps that pass through Common-Use Land or those which will be constructed in future outside the limits of main cities will be considered as private property of their owners before the issue of this Law.Articles 163 – 165 of the Republican Decree No. 170 - 1996 (the executive bylaw of the Law concerning State owned land and properties No. 21)“State Properties Authority or its offices in the governorates is to identify the State’s Common-Use Lands, fix their positions, calculate their total areas, measure their slopes and then put them on special maps. Copies of these documents and maps must then be distributed to Trustees and authenticating offices in each city, and to Property Registration offices so that no document shall be issued with regards to dealing with these lands except after securing the express permission of the State’s Properties Authority.” Those concerned should approach the Authority or its concerned office with respect to sorting and identification of Common-Use Land they are interested in accordance with the provisions of the Law mentioned above.

2.1.5 Endowment / Waqf Land

Waqf endowment means “Arrest (freezing) of assets and the disbursement of benefits (profits, rents etc) in seeking God’s favour.” Waqf is of two types: family Waqf and charitable Waqf.

There are three main types of Waqf property:

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1- Inner Waqf: comprising all mosques and their land in urban areas and properties held in 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 upkeep of mosques and religious institutes in villages; and3- Private Waqf: land in private ownership where a portion of income is donated for religious purposes and remains an encumbrance on the land in perpetuity.

Box 2.5: Yemeni Legislations Governing Endowment/ Waqf Land Constitution

Article 22Endowments have sanctuary rights, and those responsible for it have the duty of improving and developing their resources in a manner that fulfils its objectives and the jurisprudence requirements.Waqf law no. (23) 1992 and Estates Republic Decree No. (99) 1996Defines leasing Waqf Lands.

2.1.6 Agricultural Land

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

Box 2.6: Yemeni Legislations Governing Agricultural Land

ConstitutionArticle (7) paragraph (c) Private property shall be respected and protected and shall not be infringed except when justified by necessity and for the public interest, this shall be in return for a fair compensation according the law.Civil LawArticle 527Registering the contracts emphasizes that in selling lands, ownership as a result of sale shall not be transferred between the contractees or for others except from the time when the deed of sale is registered in the records prepared for this purpose and in accordance with the special laws.Article 756Permits the leasing of agricultural lands and other type of lands according to the consent of the contractees.Article (1159)It is not permissible for anyone to deprive any other person from his rightful property except when it is allowed by the jurisprudence law (Islamic Law) and in a manner stated in this law and with a fair compensationArticle 761, 765 and 770Defines the terms plantation, farming and irrigation respectively.

2.1.7 Land for Neighborhood Rights

Yemen Civil Law, Article 1161, explains what is meant be neighborhood rights by stating that an owner must not exercise his rights excessively to the extent of causing harm to the property of his neighbor, nor should the neighbor blame his neighbor for any unavoidable harm that may suffer as a result of being neighbors. This is regulated by Articles 1161, 1163 and 1164 of the Civil Law.

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Box 2.7: Yemeni Legislations Governing 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 in his property, then it does not become permissible for his neighbors to use unless after reaching an agreement. Thereafter if what has been agreed upon is implemented, the participation of the neighbors with the owner in the cost of construction and maintenance are indications of the satisfaction of the owner.Article (1164):The owner of a land must allow sufficient water to flow through his land to irrigate pieces of land that are far from the source of water, or to allow the flow of surplus water for discharge into a nearest discharge point, against affair compensation. If a piece of land through which passes a water stream suffers harm or damage then the owner has the right to demand a fair compensation for suffering such harm or damage. While, on the other hand, an owner who has through his land right of flow or discharge cannot prohibit the normal flow even if it causes harm.

2.1.8 Laws Governing Squatters

Squatters are those who undertake controlling for any Lands or Estates which are owned by the State. Law 21 of 1995 on Land and Real Estate is the most important law that deals with squatters and their rights, particularly under Articles 58 and 59 as stated below. In particular the rights of squatters are seen to have potential relevance to the project (as explained in section 1.1.4 above).

Box 2.8: Yemeni Legislations Governing Rights of Squatters Law no. 21 of 1995 on Land and Real EstateArticle 58:Every normal or legal person has undertaken controlling before the issuance of this Law for any Lands or Estates which are owned by the State, is considered aggressor and shall be punished by the punishment which is stipulated in the Article No (48) of this Law, and it shall be exempted from this punishment everyone has initiated by writing informing the Authority for what he/she is controlling provided that the informing shall contain statement of the Land Site, its area and any another information, and what has been created in this Land by him/her after the aggression, during a maximum period of three months begins from the announcement date which is issued by the Authority through the different media, anyone has delayed of this deadline would be treated as aggressor on what he/she is controlling of Lands and the Authority in coordinating with the security and judiciary bodies shall undertake the ensuring measures for recovering the land by legal methods and pursuit the aggressors and handing them to the judiciary.Article 59:Every one of those controllers has informed the Authority on time according to the Provisions of Previous Article, the right for purchasing or renting for the land, which is controlled by him/her. If the land use was contrary of the detailing designs, he/she has the right to get another plot as alternative in the area to fulfill the objective of the previous land use, which he/she was intending to implement this objective as much as possible, and it a Technical Committee shall be formed for estimating the selling or renting prices of these Lands

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according to the principles and standards which shall be set forth by the Minister's Decree for formation the Committee with due consideration of the situations of limited income holders.

2.1.9 Other Types of Land

Barren Lands: defined as open left lands or lands that are deserted Desert Lands: sandy lands, or lands that are covered with a sandy layer White Land: lands that are situated outside the boundaries of the detailed plans

and that are connected with surveyed lands, such lands are situated within the structural plans of cities

Al Murafeq Al Amma: mountains, hillocks and inclinations that receive and dispose rain water. Great Wadis through which the collected flood water runs are considered as part of Al Muraheq al Amma

2.2 Land Acquisition: Key Issues and Procedures (Law 1 year 1995)

Law No. (1) of 1995 “The Public Eminent Domain Law” aims at locating and identifying State Lands and Estates8, and putting into place plans that identify such lands, protect and maintain them by any kind of aggression. Public ownership is whatever by nature or what has been prepared for public use, after a fair possession for public interest No. 21 of 1995. It regulates Land Acquisition for the Public Interest.

According to Article (1) of this law, Ministries, authorities and general institutions may carry out acquisitions for the public interest when justified by necessity in return for a fair compensation in accordance with this Law of real estate and all their content inclusive of land for the purpose of the execution of projects that bear public interest.

Article (2) of the same Law states: "Projects of Public Interest” as all that is 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 water supply projects and 2) shelters, trenches and access and all types of installations required by security and defense and vital projects which have other alternatives like 1) mosques, cemeteries/graveyards, schools, institutes, universities, hospitals, military camps/barracks, police stations, slaughter houses, orphanages, roads and markets, 2) industrial zones, agricultural installations, electricity projects, communications and postal services 3) national parks, squares, sport clubs, cultural centers, tourist facilities, housing installations and construction works and projects that are related to the executions of approved development and investment plans.

Article (3) of the same law states that, in all cases, the act of acquisition of properties of citizens is only reverted to when it is found that no property owned by the state satisfies the purpose for which the act of acquisition is carried out.

Figures 2.2 Types of Land Acquisition Procedures and the Regulating Laws

8 Lands and Estates where ownership belongs to the state; or that prove to be owned by the state according to document, deeds, or any other legal justification, or barren lands, forests and jungles if they are not a permanent property of an individual, or coast and their natural protected boundaries and semi depopulated islands, or lands and estates that are not owned by an individual, and which have no inheritors according the principles jurisdictions of the Sharai'ah Law or, finally, any lands that are considered according to the jurisdictions of the existing laws a State property.

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Types of Land Acquisition Procedures

Administrative Acquisition

Amicable / Mutually Agreed Acquisition

Judicial Acquisition

Dealt with through

Articles 4 & 5 of Law (1), 1995

Dealt with through

Articles 7: 11 of Law (1), 1995

Dealt with through

Article 6 of Law (1),

1995

Temporary Acquisition

Dealt with through

Articles 12: 16 of Law (1), 1995


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

2.3 Institutional Arrangements

2.3.1 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 Land Survey and Urban Planning (GALSUP) was established under the Presidential Decree no. 35 of 2006 which merged the Survey and Notary Public Authority with Planning Department (formerly an affiliate of General Works & Roads) in General Authority for Land Survey and Urban Planning (GALSUP) which became responsible for all land related tasks; planning, preparation, concession/ ownership contracts, notarization and executing expropriation process with assistance from technical experts contracted by the concerned ministry. GALSUP encompassed the following departments:

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

Planning Department

This department is chaired by an engineer and assisted by engineers who are responsible for preparation of layouts, their reference to the planning department, setting out in land and photogrammetry.

Notary Public Department

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

Control and Inspection Department

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

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

2.3.2 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 tribal or village leaders. The office for Public Works and Highways (represented by the Ministry on the governorate level) plays a vital role in issuing building licenses according to the recognized legal procedures and measures. Therefore, building control and citizen’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. road pavement), city reorganization and its consequent layout changes, owners’ exposure to certain damages and compensation methods undertaken according to ownership law.

2.3.3 The Ministry of Finance (MoF)

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

2.3.4 Local Councils

According to the Local Administration Law (number 4/2002), the Local Councils represent the executive authority on the level of governorates. This law grants the right for the local authority to participate in all aspects of health system. According to this law the administrative bodies at the governorates or directorates, represented by the elected members of the Local Councils in addition to the Governor or the General Secretary of the governorate or the directorate are authorized to plan, prepare budgets, and manage human resources and infrastructure various project including any associated resettlement that might be encountered.

They are represented by governors. They play a role in the control of resettlement processes thanks to the executive decrees and instructions of the central organizations and formalization of informal cases. A significant role was played by the executive authorities in organizing the resettlement process (involving IR) in many previous cases in Yemen. Examples of this include a case in Aden Governorate, where measures were adapted for the displaced persons of Caltex shipping village. The role played by the governorate included paying compensation to the affected persons. In Hadramout, the governor also formed high committee headed by Mukalla local council in order to formalize the situations of squatter residents.

Local Resettlement Committees (LRC) are considered to be local mechanisms formed by the local authorities in some governorates to deal with resettlement. This mechanism is a positive model that encourages community participation in solving the resettlement issues. These committees, to a large extent, comply with the WB OP 4.12.

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2.3.5 Additional Mechanisms

Under Articles 18 to 20 of the Law of State Lands Real Estates of 1995, the Minister of Justice established a permanent or temporary EC in every governorate (or for each individual case) that comprised a judge, who takes the role of chairman, an engineer, a representative of the expropriating authority, and the owner(s) of the expropriated real estate or their representative. If there are many owners and they cannot agree on a representative, he/she shall be chosen on a majority basis, taking into account the percentage 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 rights of squatters on public land to receive compensation for involuntary settlement. Legal guidelines of compensation differ between the different types of expropriation. For all, compensation payments are to be made prior to commencement of the project works.

Local authorities in some governorates like Hadramout and Aden also initiated local resettlement committees (LRCs) which included, inter alia, representatives of the local authorities, owners’ representatives and some community leaders. The LRCs objective was to find solutions for resettlement cases, both those that have already been done as well as potential cases. Their assistance was focused on individuals who have no legal documents (squatters). Efforts were made to compensate those individuals by providing them with access to appropriate sites with basic services. These procedures and efforts had 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 World Bank safeguard policy (OP 04.12) in terms of encouraging local community participation in resettlement.

2.4 Main Challenges Related to Land Ownership and Institutional Capacities

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

The customary law of the Yemeni tribes recognizes the importance of avoiding harm and damage to property. It facilitates actions in order to improve resettlement

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implementation. In rural areas, customary law entrusts sheikhs with the management of communal lands, primarily used for grazing and firewood collection. The Public Eminent Domain Law (Law 1 of 1995) clearly states that property and/or land expropriation is to take place only when no suitable public land alternative is available and fair compensation should be provided. Article 1166 of the Civil Code no. 19 of 1992 states that no one can be deprived of property except according to various relevant laws and in exchange 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 confusion over communal land and privately-owned land which has resulted in lack of clarity and a source of conflict. As previously mentioned, there is a trend toward increased private appropriation of communal land. There is also little public confidence in the Land Registry, mainly in the rural areas, where owners depend on local community leader for obtaining documents / deeds, which serve as the base for non-registered land.

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

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

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CHAPTER THREE: GAPS BETWEEN YEMENI LEGISLATION AND THE WORLD BANK OP 4.12

This Chapter of the RPF presents the main gaps between the Yemeni legislation of relevance to land acquisition and involuntary resettlement and OP 4.12 of the World Bank. The Chapter also propose specific measure to bridge the gas between the two sets of legislations. The Chapter also presents the capacity building needs in order for the concerned authorities to apply the proposed measure and implement an efficient resettlement program.

3.1 Discrepancies between Yemeni Laws and OP 4.12

Many of the Yemeni pieces of legislation comply with the World Bank safeguard policy OP 4.12. However, some key discrepancies have been identified during the legislation review and the consultation with stakeholders.

3.1.1 Calculation and Timing of Compensation

Both Yemeni Laws and the World Bank agree on the need for compensation for any land and structure affected by project activities. Under Yemeni laws, the value of the affected land or structure is assessed by the Estimation Committee (EC) and payment is made prior to displacement in case compensation is alternative land. OP 4.12 clearly provides methods to be used to calculate land and/or structure compensation rates, and requires evidence that these rates are consistent with the policy principle of full replacement value (please refer to Table 3.2 above). OP 4.12 also states that payment should be made prior to displacement.

The gap in the Yemeni legislation mainly relates to the practical application of the law. Previous experience suggests valuation is often substantially below full market replacement value because no real valuation is done. There is a lack of experience and the value 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 implementation mechanisms of the Yemeni organizations should be considered; and

Payment should be made prior to displacement in all cases.

3.1.2 Definition of Affected Persons (PAPs)

The Yemeni legislation (according to Law no. 21 of 1995) includes two main categories of affected groups, namely legal owners and squatters. OP 4.12, however, includes all affected people owners/squatters, regardless of the size of the damage (housing/economic activity) and its extent.

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All affected people should be eligible for full compensation. Any PAPs from housing dispossession /economic activity shall be entitled to compensation as stated by the OP 4.12.

3.1.3 Public Participation, Consultation

The Yemeni Constitution, Election Law and Local Administration Law each recognise the importance of community participation, but no specific procedures or guidelines on the practical application of community participation are given. According to Law no. 21 of 1995, PAPs should be informed about the resettlement decisions through the compensation committees that negotiate with them and gather information about asset inventory, 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 perceived as a key ingredient in the process of resettlement.


Through the LRC (in case this has been formed) and the FFC, which includes representatives from various stakeholders, PAPs could be consulted and participate in selecting the preferred resettlement alternatives that suit them.

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

3.1.4 Grievance Mechanisms

Under Article 51 of the Constitution, any citizen may resort to the court for the protection of his right and legitimate interests, and is entitled to lodge complaints, criticisms, and suggestions to state entities and organizations, directly or indirectly. The Yemeni law provides for the right of grievance before the Estimation Committee/courts. To address grievances, PAPs can first seek satisfaction through local customary practices for resolving conflict. They can then initiate legal proceedings in accordance with provincial national law. However, there is need for proper and practical mechanism to address PAP grievances.

According to the OP 4.12, appropriate and accessible grievance mechanisms should be established in order to ensure that PAPs clearly articulate grievances and that actions are taken to respond to these grievances.

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Gaps between the Yemeni law and World Bank requirements on consultation and grievance mechanisms could be addressed by: Proper and accessible mechanisms to be established with initiation from the PMU

and with full cooperation from various stakeholders, namely those represented in the LRC; and

Grievances should be heard prior to resettlement.

3.1.5 Vulnerable groups

Vulnerable groups are inexistent in the Yemeni legislations. According to the Yemeni Constitution, 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 considered, especially for those below the poverty line, the landless, the elderly, women, children, etc.


The PMU should pay great attention to these groups particularly the poorest and those with unsecured sources of income. PMU should lead the efforts to attract the attention of various concerned stakeholders, including Local Councils and NGOs.

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

3.1.6 Resettlement assistance

According to Yemeni Legislation, the resettlement compensation is only limited to the compensation amount valuated by the ad hoc committee, in addition to providing all the needed services. On the other hand, the WB OP 4.12, affected people are to be offered support after displacement, for a transition period.


In addition to the paid compensation based on the decision of EC and upon the preferred alternatives for the PAPs, resettlement assistance during the transition period should also be considered, as well as the provision of all services for resettlement area.

3.1.7 Rights of Squatters

Yemeni law recognizes the rights of squatters on public land to receive compensation in the event of involuntary settlement, but enforcement is weak.


Build understanding and capacity to ensure that rights of the squatters are addressed properly;

Include the provision of clear guidance to the EC on how compensation standards are set and applied; and

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Raise public awareness of squatters and the public on their rights and responsibilities to demand their rights from the State as appropriate within laws and regulations.

3.2 Capacity Building Needs

Capacity building is seen as a major and important guarantee for the efficient implementation of the RAP/ARP and in order to ensure efficient implementation for the measures 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. the GALSUP, MoPWH, Local Councils). Other mechanisms/community models (e.g. LRC) already exist or will be introduced/encouraged to participate in order to implement the RAP/ARP (LRCs, NGOs, Cooperatives, etc.) in the relevant cities, in case the RPF is triggered. A comprehensive institutional assessment should be conducted in order to identify the key challenges that they face and the capacity gaps that they need to fill in order to implement the RAP/ARP.

Under the MWFP, PMU has been established in the MoEE Sana’a where all fiduciary safeguarding, monitoring and reporting will remain centralized there. The PMU will play a major role in the implementation of the RAP/ARP guided by this RPF, in case IR is triggered. Currently the PMU experience related to the involuntary resettlement is still limited, capacity building on relevant issues related to the execution of the RAP/ARP is also very important in case IR is undertaken. Tailored capacity building programs should also target the PMU staff, particularly the Social Development Officer (SDO) who should be the primary target with the capacity building. M&E staff within the PMU should also be included in the capacity building program.

The capacity building needs assessment is expected to show findings which are not merely linked to the need for training on the different subject; a need for institutional support might emerge. The overlapping responsibilities and a lack of coordination channels among the organizations of relevance to resettlement and compensation are key issues of priority. Although this is out of the direct scope of MWFP, unless these issues are addressed, land management and resettlement programs will remain a big problem in Yemen.

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

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 4.1 below)

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Figure 3.1 PAPs Consultation and Participation in the RAP/ARP along the Project Cycle

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

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

RPF-Related Issues Yemeni legislation related to resettlement; WB OP 4.12 (PAPs, eligibility criteria, assets valuation, compensation,

entitlements); and The gaps between Yemeni legislation and WB safeguard policy and activities to

fill in those gaps.

PAPs participate in the introductory meetings

PAPs are informed about the project and RPF

PAPs are consulted during the socio-economic survey

Ensure PAPs views and concerns are concerned

Participate in evaluating the RAP/ARP process by being consulted

PAPs will be part of the compensation contracts

PAPs will be given the chance to express grievance and redress

Communities (PAPs) are

informed about the approved

RAP/ARP

Project Cycle

( 1 ) Project Identification /

Preparation

( 2 ) Project

Appraisal / Approval

( 3 ) Project

Implementation

( 4 ) Project

Monitoring & Evaluation

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Methods for Engaging and Consulting Stakeholders (particularly PAPs)Community participation tools (PRAs tools, Social Assessment surveys, etc.)Developing social mitigation measures Communication skills Dispute resolutionCommunity 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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Annex I: The Process of RAP/ARP preparation and the different resettlement steps within the project cycle.

Introduction to RAP/ARP

The RAP/ARP is the most important resettlement instrument that will be applied should IR be undertaken. RAP/ARP should assess the number of PAPs, propose alternative locations for the sub-projects if possible, identify the eligibility criteria, include provisions for compensation and assistance, and address the means by which the project monitoring and evaluation will take place to ensure that the PAPs receive their compensation and that their grievances are heard and addressed. The mitigation measures and compensation policies proposed in the RAP shall be disclosed to the PAPs for feedback and comments.

Once the project activities under the MWFP have been identified, they should be screened by the PMU to determine whether or not they will necessitate the involuntary resettlement of people within the determined project area. Most likely, no need for IR will arise along MWFP 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 steps for the preparation of the RAP/ARP.

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

Box I: 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 implementation of the relocation) Implementation schedule Costs and budget Monitoring implementation and outcomes

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Evaluation

The same reference also highlighted the key minimum elements that an abbreviated plan (ARP) should covers. This is listed in Box 3. 2 below.

Box II: 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

RAP/ARP and the Project Cycle

PRA/ARP during Project Identification

Project Screening

During the screening phase, cadastral information might involve gathering information about land ownership, structures and uses of the land that would be directly affected by the works, either temporarily or permanently. This information shall be verified by a qualified consultant who shall provide written and visual records and enumerate all economic, 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 with communities, including PAPs and vulnerable groups, in order to inform them about the project and to disseminate the prepared RPF and inform people about their rights and entitlements.

Preparation of the Socio-economic Survey

Following the identification of the project component that may necessitate involuntary resettlement, the next step would be prepare a socio-economic study, in which baseline data within the project’s target areas is collected. The study should be carried out by a social and resettlement consultant assisted by the local community leaders. It should examine the nature of the impacts; the socio-economic and cultural setting, local organizations, and social risks, total land holdings, affected assets as well as the indicators that would ensure that the project affected people, at minimum, regain their former quality of life or, preferably, are enabled to improve it. The information should be collected from PAPs and related household members or dependents. This information will be put in writing and used in the preparation of the RAP and in determining the appropriate compensation and assistance for each

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affected individual / household. Box 3. 3 below shows the objectives of socio-economic survey.

Box III: 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 their legal 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

Preparation of RAP/ARP

For projects that will trigger IR and will require the preparation of the RAP/ARP, their preparation should be considered prior to the appraisal phase. The preparation of the RAP/ARP should consider the key design criteria previously presented in Boxes 3.1 and 3.2 above.

RAP/ARP during Project Appraisal

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

RAP/ARP during Project Implementation

1- Prior to the project implementation, PAPs that have been determined to be eligible for compensation should be compensated in accordance with the approved project’s RAP/ARP. This includes providing the PAPs with cash compensation, preparing the resettlement sites with the adequate structures and facilities, and / or providing different development 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 census and contradictory verifications of the census by the PAPs. Persons who encroach onto the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. Affected individuals, households, and

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communities, who have been identified earlier under the socio-economic survey, will be consulted about their compensation preferences. 3- The PAPs will be formally informed through written or verbal notification (in case some of the PAPs are illiterate) delivered in the presence of at least one public official. The PMU as well as any local resettlement mechanism that might be initiated (e.g. Local Resettlement Committee) will arrange meetings with the affected individuals / households to document the lands acquired by the sub-project throughout the implementation period and discuss the compensation process. 4- The PAP will be required to sign a contract detailing the acquired land plots and / or partially 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 compensation contracts as well as the actual payments and in-kind transfers shall be made in the presence of at least one public official from the city authorities. The contracts may also include contracts on possible transitional or developmental assistance and income restoration 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 voice their concerns, complaints, or dissatisfaction with any part of the compensation process and seek redress. The RPF sets the outline of the grievance mechanism that should be agreed upon and used by the project in case RAP/ARP is triggered. Simply, complaints can 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 of receiving and responding to grievance in order to ensure that PAPs grievances are treated fairly and timely9. The committee should collect and review the grievances (in coordination with the representative local public official) monthly and the PMU should also play a role in facilitating the response to these grievances. Particular attention will be paid to vulnerable groups. It is also very important for the committees to ensure proper documentation for all grievances and their resolution within timely manner for the monitoring process. Capacity building of the local committees is essential in order to enable them to efficiently implement the different activities under the RAP/ARP (this will be mentioned in more details below).

World Bank OP. 4.12 emphasizes that the PAPs should be heard. Therefore, they should be fairly and fully represented in an appropriate way. It is recommended to minimize the cases that are taken to the court in order to avoid long and tiring litigation. However, if the grievances or other disputes cannot be resolved through administrative action, the PAPs can initiate legal proceedings in accordance with provincial and national law (Article 51 of the Yemeni Constitution10) and have recourse to the Appellate Courts and the Supreme Court but this should be maintained

9 The proposed FCC may fill in the purpose of receiving and responding to grievance 10 A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall

be entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct or indirect manner.

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Grievance Redress Approaches

Proactive approacha) Widespread disclosure of project

backgroundb) Clarification of criteria for eligibility

for assistance under the RPF framework

c) Establishing a committee of honorable and respected persons

(community leaders, Local Councils, religious persons, etc.), to review any

grievances that may result from the project (e.g LRC)

Reactive approach,a) Settle disputes amicably

b) Deal with disputes to the extent possible at the local level using local

mechanisms, particularly those that insure vulnerable groups get fair

treatmentc) If disputes cannot be solved at the

local level, the PMU and other relevant organizations should review

specific complaints. Highly skilled persons in communication and

dispute resolution should review PAPs grievances


as a last option. The grievance redress approaches could be divided into proactive and reactive approaches as illustrated under Figure 3.1 below.

Figure I: Main Approaches for the Grievance Redress

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

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

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

Evaluation of medium and long-term impacts of resettlement on affected households’ livelihood, environment, local capacities and economic development.

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

- Internal Monitoring

Internal monitoring of the implementation of the project RAPs will be the responsibility of the PMU which includes a staff member dedicated to monitoring results. This should be done in full collaboration with locally devised resettlement mechanisms. The PMU will oversee the progress in resettlement preparation and

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implementation through regular progress reports. The PMU should collect information every month from the different resettlement committees. A database of resettlement monitoring information should be established and updated monthly. Quarterly internal monitoring reports should be prepared by PMU and submitted to the WB. Quarter reports shall include information about the various monitoring indicators as presented in Box 3. 4 below.

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

Box IV: 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 to determine the need for the preparation of a RAPb) Payment of compensation to PAPs in various categories, according to the compensation policy described in the RAP; with special focus on the vulnerable groups and no discrimination according to gender, tribal backgrounds or any other factorc) Delivery of technical assistance, relocation, payment of subsistence and moving allowancesd) Delivery of income restoration and social support entitlementse) Public information dissemination and consultation proceduresf) Adherence to grievance procedures and outstanding issues requiring management’s attention 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 works contracts

- External Monitoring

In accordance with WB requirements for consultant procurement, the PMU should hire an organization for the independent monitoring and evaluation of RAP/ARP implementation. The organization should be specialized in social sciences and experienced in resettlement monitoring. The organization should start its work as soon as the updated RAP has been approved.

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

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

provided for the PAPs

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Ability to reach the most vulnerable PAPsConsultation and public disclosure of the RAPEffectiveness of the grievance redresses mechanism

Evaluation, however, is intended to insure that policies (both Yemeni and the WB’s) have been 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 objectives and methods as set out in this RPF

Assessment of the compliance of resettlement activities with the laws, regulations and safeguard 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 instrumentYemeni laws and regulations as described in a preceding chapterThe World Bank’s OP 4.12 on Involuntary Resettlement

The evaluation of resettlement activities will be part of general assessment and review activities undertaken for the MWFP as a whole.

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

Figure II: RAP/ARP along the Project Cycle

Screening (land surveying and planning)

Socioeconomic survey

Prepare RAP/ARP

Internal monitoring for Resettlement activities and

RAP/ARP Process External monitoring for

Resettlement activities and RAP/ARP Process

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ANNEX II: ENTITLEMENT MATRIX FOR AFFECTED PERSONSType of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesAgricultural LandLoss of arable and grazing agricultural land or access to it

Permanent (complete or partial) loss of arable and grazing land located in the sub-project site

Farmers / Individuals who have formal legal ownership rights to land

Provide cash compensation at replacement cost for the lost land11 plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes.

Provide cash compensation for loss of crops or trees at replacement cost.

A list of available arable and grazing land 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 the PAPs and agreed to by the sub-project and concerned authorities: provide equivalent land nearby, of similar size, value, and quality

In case of relocation, provide assistance to farmers during and after the relocation process

Provision of assistance to farmers to develop new crops and improve production for both crops and livestock

Poor and vulnerable PAPs (including the landless) will not be displaced until replacement land is provided

Loss of arable and grazing agricultural land or access to it


Farmers / Individuals who do not have formal legal ownership rights to land but have temporary or leasing rights

Provide development and transitional assistance in locating new replacement lease land.




Farmers / Individuals who do not have any recognizable legal right or claim to the land

No compensation for land. Provide landless PAPs with

resettlement assistance in securing temporary or lease rights to replacement land


11 Calculated at entitlement cut-off date.


Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesLoss of arable and grazing agricultural land or access to it

Temporary (complete or partial) loss of all or part of arable and grazing land located in the sub-project site

Farmers / Individuals who have formal legal ownership rights to land

No compensation for land if returned to owner in less than one year.

Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use.

Provide cash compensation for loss of crops or trees at replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease.

If the temporary loss continues for more than one year, PAPs will be given a choice of either continuing with the temporary arrangements, or selling the affected land to the sub-project at full replacement cost at current market value

Provision of development assistance to enable farmers / land owners to restore land to its previous condition or better quality by providing measures to improve land quality in cases of land being adversely affected.



Farmers / Individuals who do not have formal legal ownership rights to land but have temporary or leasing rights


Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use.

Provide cash compensation for loss of crops or trees at replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease.



Farmers / Individuals who do not have any recognizable legal right or claim to the land



Provision of development and resettlement assistance to landless PAPs with no legal rights.

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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesUrban Land (Residential and /or Commercial)Loss of urban residential or commercial non-arable land or access to it

Permanent (complete or partial) loss of urban residential or commercial non-arable land

Individuals who have formal legal ownership rights to land

Provide cash compensation at replacement cost of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes.

In the case that there are structures on the land, provide cash compensation at replacement cost for the materials used to rebuild the structures or to partially repair an affected structure.

A list of available non-arable land in each affected commune


Consultations and formal agreement with PAPs on type of compensation (cash or in-kind)

If available and requested by the PAPs and agreed to by the sub-project and concerned authorities: provide equivalent land nearby, of similar size, value, and quality

Provision of development and resettlement assistance, mainly in the form of transition allowances for severely affected PAPs (transition subsistence allowance for

Loss of urban residential or commercial non-arable land or access to it


Individuals who do not have formal legal ownership rights to land but have temporary or leasing rights

In the case that there are structures on the land which have been built by the users, provide cash compensation at replacement cost for the materials used to rebuild the structures or to partially repair an affected structure.

Provide development and transitional assistance in locating new replacement lease land

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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issuesfood, moving incentive allowance, assistance in locating new residential or commercial leasing, and income transition allowance if businesses are affected).

Loss of urban residential or commercial non-arable land or access to it


Individuals who do not have any recognizable legal right or claim to the land

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

on the land which have been built by the users, provide cash compensation at replacement cost for the materials used to rebuild the structures or to partially repair an affected structure.

Provide landless PAPs with resettlement and transitional assistance in securing alternative commercial or residential land and to restore their livelihoods.

Loss of urban residential or commercial non-arable landor access to it

Temporary (complete or partial) loss of urban residential or commercial non-arable land

Individuals who have formal legal ownership rights to land


Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use

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

If the temporary loss continues for more than one year, PAPs will be given a choice of either continuing with the temporary arrangements, or selling the affected land to the sub-project at full replacement cost at current market value

Provision of assistance to enable the land users owners to

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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issuesrestore land to its pre-subproject condition by providing measures to improve land quality in cases where land is adversely affected



Individuals who do not have formal legal ownership rights to land but have temporary or leasing rights


Provide cash compensation equivalent to the replacement cost at market price of renting the land during the temporary use




Individuals who do not have any recognizable legal right or claim to the land



Provision of resettlement assistance to landless PAPs with no legal rights

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

Permanent (complete or partial) loss of structures

Individuals who have formal legal ownership rights to the structures

Provide cash compensation at replacement cost which equals the market cost of materials used to build a replacement structure with similar area and quality, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes.

A list of available structures in each affected commune


Consultations and formal agreement with PAPs on type of compensation (cash or in-kind, i.e relocation)

Loss of Permanent Individuals who do not Provide assistance in moving and A 3-months notice - at

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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issuesstructures or access to them

(complete or partial) loss of urban residential or commercial non-arable land

have formal legal ownership rights to land but have temporary or leasing rights (tenants)

finding similar and affordable rental accommodation (this may include moving allowance and rental allowance for a transitional period).

least - to be given to the tenants.

Loss ofstructures or access to them


Individuals who do not have any recognizable legal right or claim to the land (squatters and persons in ownership dispute)

Provide cash compensation at replacement cost for the structures if they were built by the users.

Provide assistance in moving and finding similar and affordable rental accommodation (this may include moving allowance and rental allowance for a transitional period).

The Environmental and Social Officer may look into the possibilities of formalizing the structures following their repair.

Standing Crops, Trees, and PlantsLoss of standing crops, trees, or plants or access to them

Permanent (complete or partial) loss of standingcrops, trees, or plants

Farmers or individuals who cultivate the land and who have formal legal ownership rights to the land on which the crops are

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

A comparative list of the prices of agricultural products in local markets.

A list of tree and plant species in the commune area.

The sub-project activities should take into consideration the cropping patterns and seasons in order to avoid partial or complete loss – if possible.

Loss of standing crops, trees, or plantsor access to them

Permanent (complete or partial) loss of standingcrops, trees, or plants

Farmers or individuals who do not have formal legal ownership rights to land on which the crops are but have temporary or leasing rights (tenants)


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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesLoss of standing crops, trees, or plantsor access to them

Permanent (complete or partial) loss of standing crops, trees, or plants

Farmers or individuals who do not have any recognizable legal right or claim to the land on which the crops are


Income or Access to Income (Commercial, Business, and Industrial Activities)Loss of source of income or access to source of income

Permanent loss of income source or access to it

Owner or workers in formal registered businesses

Provide transitional cash compensation until new permanent employment is secured based on net income (for a maximum period of 6 months).

Provide development assistance to PAPs (i.e. training in specific areas) in order to help them to maintain and/or improve their income generation potential and access to gainful employment.

A list of available commercial, industrial, and business activities in each affected commune

A list of PAP and entitled persons.

The Environmental and Social Officer shall assist in the provision of development assistance to severely affected PAPs and vulnerable groups (i.e.

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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issuesdesign training programs, formalizing informal activities, access to credit, including them in the sub-project’s contractors’ pecifications wherever possible).

Loss of source of income or access to source of income

Permanent loss of income source or access to it

Owner or workers in informal unregistered businesses

Provide transitional cash compensation until new employment is secured based on minimum wage per month in the respective district (for a maximum period of 6 months)

Priority shall be given to severely affected PAPs in the provision of any relevant employment in the activities related to the sub-project.


Temporary loss of income source or access to it

Owner or workers in formal registered businesses

Provide cash compensation for the duration of business/income generation that is disrupted based on net income.


Temporary loss of income source or access to it

Owner or workers in informal unregistered businesses

Provide cash compensation for the duration of business/income generation that is disrupted based on the minimum wage per month in the respective district.

Type of Losses Level of Impact Entitled Person(s) Compensation Policy Implementation IssuesCommunity Resources

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Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation IssuesLoss of community assets or access to them

Permanent (complete or partial loss) of community physical assets

All members of the community

Affected land will be replaced in areas identified in consultation with affected communities and relevant organizations and authorities.

Provide alternative or similar resources to compensate for the loss of access to community physical resources

A list identifying community physical assets and resources (i.e., public hospitals, markets, fishing areas, grazing areas, fuel, or fodder).

If income loss is expected due to the loss in any community assets, compensation for this loss shall be in the form of development assistance to restore the livelihoods of the PAPs.

Loss of community assets or access to them

Temporary (complete or partial loss) of community physical assets


Restoration of affected community buildings and structures to original or better condition

Provide alternative or similar resources to compensate for the temporary loss of access to community physical resources

Loss of socio-economic and/or social-cultural relationships / networks or access to them

Permanent (complete or partial loss) of community non-physical assets


Provide development assistance to enable community members to take advantage of income restoration measures noted above.

Provide alternative or similar resources to compensate for the loss of access to community social capital.

Identify different forms of social capital from PAPs’ point of view (i.e. social credit, networks, social cohesion, etc.)

Consultation with PAPs to identify measures to rectify the permanent or partial losses in social capital.

Loss of socio-economic and/or social-cultural relationships / networks or access to them

Temporary (complete or partial loss) of community non-physical assets


Provide development assistance to enable community members to take advantage of income restoration measures noted above.

Provide alternative or similar resources to compensate for the temporary loss of access to community social capital.

66


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

Annex III: Summary of the registration survey results at Mokha 60 MW Wind Farm Project (MWFP) Site

67


Comments

Documents to prove

ownership of the house

Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold

CoordinatesVillageName of householder#

Not available40811478401-

318912Al OkshAbdo Aly Dawd1

68


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


Not available10 years32811478436-

318884Al OkshAly Ahmed Zaid Moghyni2

No information and/or no

signature 12

Not available

Long time ago1335-11477911-

318306Al Oksh

Ahmed Ahmed Moghbish El Serage3

No information and/or no signature

Not available


318365Al Oksh

Mohamed Ahmed Moghbish El Serage4


Not available


318376Al Oksh

Ghalep Ahmed Aly Moghbish5


Not available


318370Al Oksh

Abdallah Ghalep Ahmed Aly Moghbish6


Not available-20-11478020-

318386Al Oksh

Abdo Ahmed Aly Moghbish7

12 This refers o the cases where surveyors refused to provide the survey team with details and refused to sign the registration survey 13 In cases where "long time ago" is mentioned, this reflects what the surveyors said without determining specific period of time

69


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold



Not available12-11478027-

318378Al Oksh

Mohamed Abdo Ahmed Aly Moghbish8



318345Al Oksh

Aly Kaad Ahmed Aly9


Not available

Long time ago15211478043-

318337Al Oksh

Kaad Ahmed Aly Moghbish1

0

Uninhibited54Uninhibited

Uninhibited

1477664-316433Al Oksh1

1Not

available2 years45821477803-316241Al OkshAhmed Abdallah

Tobili12


315326Al OkshAhmed Omr Abdallah Tobili

13

Not available2 0 years50411477357-

315696Al OkshAly Said Omr Abdallah Tobili

14


315745Al OkshMohamed Said Omr Abdallah

15


315658Al OkshSaid Omr Abdallah Tobili

16

70


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


Not available


318283Al OkshAly Gaber Mokbil17


318412Al OkshAly Awd Ben Awd Darwish

18

Not available


318425Al OkshMohammed Awd Ben Awd Darwish

19

Not available


318617Al OkshAhmed Mohammed Awd Darwish

20

Not available


318397Al OkshSalem Moghbish Moghbish

21


318263Al OkshSaid Gaber Abdalah Moghbish

22

Not available


318308Al OkshHaael Said Abdallah Moghbish

23

Not available


318329Al OkshMohammed Said Abdallah Moghbish

24

Not available


318396Al OkshAly Mohamed Abdallah

25

Not available


318448Al OkshAhmed Mohammed Abdallah Moghbish

26

Not available


318320Al OkshAly Said Abdallah Moghbish

27

Not available-211476913-

318427Al OkshAbdo Aly Awad Moghbish

28

71


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


Uninhibited--20Uninhibited

Uninhibited

1476991-318360Al Oksh2

9Not

availableLong time

ago12211475362-318631Al OkshAhmed Saleh Abdo3

0Not

availableLong time

ago20611475420-318688Al OkshAly Ahmed Saleh

Abdo31


--132--1475676-318148Al Oksh3

2

Uninhibited--28Uninhibited

Uninhibited

1476122-318007Al Oksh3

3Not

available8 years20311476286-317488Al OkshMohamed El sayed

Abdo Mohgep34


317515Al OkshGaafr Abdallah Sayed Abdo Mohgep

35


317512Al OkshAbd Ellatef Abdallah Sayed

36

300--1477515-317301Al OkshA GRAVE3

7Not

available20 years24211478594-312951Al HoulibiThabet Naser El

Zohry38

Not Long time 36111478141-Al HoulibiMeged Mohamed 3

72


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


availableago313370Elshikh9Not

availableLong time

ago12211478193-313381Al HoulibiSaid Omr4

0Not

availableLong time

ago28511478173-313346Al HoulibiAhmed Mohammed

Elshekh41

Not available


313530Al HoulibiMohammed Mohammed El zohry

42


313335Al HoulibiAbdallah Zaid43

Not available


313459Al HoulibiSalma Hezam44

Not available


313437Al HoulibiAly Ahmed Ankf45

Not available


312910Al HoulibiAbdo Naser El Zohry

46

Not available


312935Al HoulibiZaid Naser Elzohry47

Not available


312890Al HoulibiNaser Mohammed El Zohry

48

Not available


313057Al HoulibiYahiya Mohammed Kadbr

49

Not available


313546Al HoulibiMohamed Ahmed Zohry

50

73


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold



Not available


313045Al Houlibi

Salem Abdo Al Houlibi

51



313073Al Houlibi

Noaman Abdo Tobili

52


Not available


313006Al Houlibi

Ahmed Abdo Tobili53

Not available


312922Al HoulibiMohammed Abdallah El Zolemy

54

Not available


312829Al HoulibiAbnaa Mohammed Mohammed Ghaleb

55

Not available


312858Al HoulibiMohamed Ben Mohammed El Zolamy

56

Not available


312933Al HoulibiAbdallah Mohammed Zolamy

57

Not available


312932Al HoulibiFateni Mohamed Abdallah Zolamy

58

74


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


Not available


312804Al HoulibiAbdo Ahmed Abdallah To Tobili

59

Not available


313047Al HoulibiAbdo Abdo Tobili60

Not available


313023Al HoulibiOsman Abdo Tobili61

Located on the project site boarder

Not available


3149970Al SeregaSaid Aly Dawd Hassan El Seragy

62


Not available


314926Al SeregaZaid Said Aly Dawd Hassan El Seragy

63


Not available


314497Al SeregaMohammed Ahmed Mohammed El Seragy

64


Not available


314567Al SeregaAhmed Mohammed Mohammed El Seragy

65


Not available


314438Al SeregaIbrahim Ahmed Mohammed El Seragy

66

Located on the project

Not available

Long time ago

35411483497-314529

Al SeregaMohammed Mohammed Ahmed

67

75


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


site boarderEl SergyLocated on the project site boarder



314096Al SeregaSaid Mohammed Ahmed Aly El Seragy

68


--40-11480675-313822Al Serega

Akho Abady Ben El Seragy

69

Not available


313334Al SeregaAbd Ahmed Hedary El Seragy

70

Not available


313369Al SeregaLahgy Ahmed Hedary El Seragy

71

Not available


313293Al SeregaMohamed Ahmed Hedary El Seragy

72


Not available


313729Al Serega

Salem Mohamed Aly El Seragy

73

No information

Not available

Long time ago

20611482615-313719

Al SeregaMohamed Saleh El Seragy

74

76


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


and/or no signature


Not available


313770Al Serega

Awad Mohammed Aly El Seragy

75


Not available


313716Al Serega

Mohmmed Aly El Seragy

76


Not available


313775Al Serega

Aly Mohammed Aly El Seragy

77


Not available


313798Al Serega

Feteni Mohamed Aly El Seragy

78


Not available


313779Al Serega

Awd Lahd Aly El Seragy

79

No information

Not available

Long time ago

80611482950-313794

Al SeregaAhmed Mohamed Aly E Sragy

80

77


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


and/or no signature


Not available


314407Al Serega

Ahmed Zaid Moghbish El Seragy

81


Not available


313915Al Serega

Ahmed Mohammed Mohammed El Seragy

82


Not available


313901Al Serega

Yahiya Mohammed Mohammed El Seragy

83


Not available


313931Al Serega

ALy Mohammed Mohammed El Seragy

84


Not available


313901Al Serega

Abd Mohammed Mohammed El Seragy

85

No information

Not available

Long time ago

28411480679-313831

Al SeregaSaid Mohammed Mohammed El

86

78


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


and/or no signature

Seragy


Not available


313669Al Serega

Aly Ahmed Mohammed El Seragy

87


Not available


313702Al Serega

Salem Ahmed Mohammed El Seragy

88


Not available


313706Al Serega

Mohammed Ahmed El Seragy

89


Not available


313712Al Serega

Said Ahmed Mohammed El Seragy

90


Not available


313722Al Serega

Abdo Mohammed Ahmed El Seragy

91

No information

Not available

Long time ago

20311480713-313584

Al SeregaAwd Talep Kamel92

79


Comments

Documents to prove


Date of settling in

this household

House area

(average m2)

Number of members

within household

Number of families/

householdHousehold


and/or no signature


Not available


314127Al Serega

Aly Zaid Moghbish El Seragy

93

80

ANNEX IV: TYPES OF ACQUISITION AND THE REGULATING ARTICLES OF LAW 1, 1995

1- Administrative Acquisition

Article 4 of law (1) year 1995 states that: Administrative acquisition of real estate owned by the government entities, authorities, institutions, corporations, and public companies is carried out in accordance with the following:

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

Any disagreement between the two parties with respect to acquisition is settled by the respective minister if the parties come under the same ministry. The Council of Ministers settled any disagreement between the two parties if both happen to come under different ministries. The ruling of the minister or the Council of Ministers, whatever the case may be, shall be final and bending.

If two parties did not agree on the question of compensation , then each of them has the option of applying to the Estimating committee , primarily to Register in the estate register , to provide an estimate of the compensation as provided for in this law , and whose ruling shall be final and binding to the two parties.

The agreement of two parties or the decision of the estimating committee shall constitute the bases for registering in the real estate register after presenting documented proof that the acquisitioning party had received the compensation amount and that this amount had been deposited into the department of the real estate registry or the treasury of the primary court in which domain the real estate is located, unless otherwise a different agreement exists.

Article (5) of the law referred to above states that these provisions do not apply to real estate which an endowment, will or graved; since no acquisition may take place except with a court ruling in accordance with the endowment law.

2- Judicial Acquisition

Articles 7 to 11 of the Law referred the Judicial Acquisition procedure that is either directly or indirectly related to the project:

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

b) The court must set a date to look into the issue of acquisition during a period of time not later than fifteen days from the date of the application there. The Court would then notify the Department of the Real Estate Registry to freeze all actions concerning the real estate.

c) The Court must then check the validity of the statements describing common benefit, and ascertain that all the conditions do satisfy the ultimate objective, and that the act of acquisition does not cause any undue unjust. In the event the Court


does not agree with the application for acquisition, it would then notify the Department of the Real Estate Registry to lift the freeze status from this real estate.

d) The Court assigns the task of estimating the compensation money during a period of time not exceeding one month from the date of assignment to the Estimating Committee.

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

f) The acquisitioner pays the compensation money during a period not exceeding two months in cash through the court, or in kind. If it constitutes his dwelling or his only source of income, then all these issues must be taken into account when deciding on compensation matters so that nothing of such vital issues are changed unfavorably, and that such issues are maintained as they were existing before the acquisition. The court should then instruct the Department of Real Estate Registry to register the acquisitioned real estate in the name of the aquisitioner after the payment of compensation money, or to register the compensation real estate in the name of the part acquisitioned from, if this party agreed to exchange his original real estate (subject of the acquisition procedures) with another as compensation.

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

3- Amicable/ Mutually Agreed Acquisition

a) Article (6) of the law referred to above with respect to “mutually agreed acquisition” states a number of provisions: The authorities who are entitled to carry out land acquisition (which incorporate real estate in accordance with article (1) of the law concerning land acquisition) are required by law to agree with owner of the real estate in an amicable manner against a compensation in the form of either cash money or in type , or whatever is estimated by the Estimating Committee that had been formed in accordance with this law. If the real estate is owned by more than one person then the approval of all the partners becomes mandatory.

b) The acquisitioning authority notifies the real estate registry to put a sign of ‘no action required’ on the real estate.

c) The decision of the Estimating committee is final and binding to the two parties. The decision is also irrefutable if they both have their agreement in writing , or twenty days have passed since they were informed of the decision without any of them raising any objection with head of the Estimating committee , assuming that the delay in raising the objection is because of valid reasons. If any of the two parties raised objections to the estimating Committee during this grace period mentioned above then the procedures for amicable acquisition is considered null and void, in which case the head of the Estimating Committee will be obliged to

82


notify the department of real estate registry to remove the sign of " No action Required " from the real estate.

d) To be able to register in the real estate Registry the two parties must first reach a written agreement to the decision of the estimating Committee, or twenty days should have passed since the decision of the Committee without any of the two parties raising an objection. The base for registry and acquisition to be legal is to provide the compensation or register the estate after maximum 30 days from the written agreement. Otherwise, the owner of the real estate has the right refuse the acquisition.

e) If the acquisitioner did not pay the acquisitioned from the compensation money , nor did he deposit it the department of the Real Estate registry or the treasury of the primary court in the domain of which is located the real estate , nor did he register the compensation in the name of the person acquisitioned from in the event of compensation of type during thirty days from the date of the written agreement on the decision of the Estimating committee , or the expiry of the twenty days without any of the two parties raising any objections on the decision of the Committee , unless otherwise there existed a different agreement , the person acquisitioned from can then notify the acquisitioner and Department of Real Estate Registry with his disagreement to the issue of the acquisition , and all related procedures are then considered null and void.

4- Temporary Acquisition

Articles (12) to (16) of the law referred to above define those procedures which pertain to Temporary Acquisition.

Those authorities that are entitled by law to carry out acquisition of real estate (inclusive of land, in accordance with Article (1) of the law referred to above) in emergency and exceptional cases, e.g. at times of catastrophes and calamities that necessitate quick response and appropriate action. The concerned authorities in such cases may decide to carry out temporary acquisition of real estates. They can do so by issuing a decree from the head of such authority, stating the duration of the acquisition which as a maximum should not exceed two years from the date of the issue of the decree.

a) The governor of the Governorate in which is located the named real estate forms a committee consisting of an engineer, one of his staff, a representative of the authority who decided to carry out the temporary acquisition, and a representative of the owner of the real estate. The task of this committee is to arrange minutes containing a description of the real estate. Photographs, plans, and whatever relevant data that defines the orientation, shape, and looks of the real estate are attached with the minutes. The owner of the real estate must be summoned at an early date to be present during the preparation of the minutes. The non arrival of the owner at the preset date does not, in any way, affect or delay the working of the committee and time.

b) The Estimation Committee carries out the procedures of evaluating suitable and appropriate compensation for the owner of the acquisitioned real estate for the period of the temporary acquisition, taking into account such matters as the prevailing rate similar real estates.

83


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

d) If the period of temporary acquisition exceeded two years then the authority that had temporarily acquisitioned the real estate must apply for its full acquisition. The owner of the real estate has the option of either demanding the renewal of the temporary acquisition against new compensation or the full acquisition of the real estate by the authority concerned. If none of the two optioned materialized then he becomes entitled to ask the court to return back to him his real estate against compensation in lie of the delay in time. In all cases the owner is entitled to launch an administrative and a judicial complaint against the temporary acquisition if he deems groundless the so called emergency and exceptional circumstances. He may also launch a complaint against the duration of the acquisition if he felt that it caused him harm.

84


List of References

Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, Safeguard Policies Sector, Egypt, June 2006

Final Resettlement Action Plan, Vietnam Northern Transmission Project, Asian Development Bank , JUNE 2004

Final Revised Resettlement Policy Framework (RPF), Sana'a, Ministry of Electricity, Public Electricity Corporation (PEC), Power Sector Support Project (PSSP), August 2005

Final Resettlement Policy Framework, Vietnam Northern Transmission Project, Asian Development Bank, June 2004

Resettlement Policy Framework for the Water Sector Support Program (WSSP) (revisions), CES India Pvt Ltd, October, 2008

Resettlement Policy Framework for the Water Sector Support Program (WSSP), CES India Pvt Ltd, power point presentation (undated)

Resettlement Policy Framework for the Port Cities Development Program (PCDP) (final draft), Undated paper

Renewable Energy Strategy and Action Plan, Lahmeyer International, June 2008

Resettlement Policy Framework (RPF) for the Rural Energy Access Project (REAP), EcoConServ, Egypt in association with JET, Yemen, March, 2009

Upgrading Feasibility Study (Draft Report), Al Mokha 60 MW Wind Farm project, NIP, S.A, Ministry of Electricity and Energy, December 2009

Yemeni legislations related to resettlement and land acquisitions

Yemen Constitutionhttp://www.amanjordan.org/laws/yemen/c2yemen.htmhttp://www.legal-affairs.gov.ye/ar/view_dos.asp

National Information Centre Yemen – Laws and Legislationshttp://www.yemen-nic.info/contents/laws_ye/

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http://www.yemen-nic.info/contents/laws_ye/

http://www.legal-affairs.gov.ye/ar/view_dos.asp

http://www.amanjordan.org/laws/yemen/c2yemen.htm

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