World Bank Documentdocuments.worldbank.org/curated/en/... · Republic of Yemen Ministry of...

Republic of Yemen Ministry of Electricity and Energy

Rural Energy Access Project (REAP)

Resettlement Policy Framework

FINAL REPORT March, 2009

Prepared by EcoConServ, Egypt in association with JET, Yemen

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Draft Resettlement Policy Framework (RPF) Rural Energy Access Project, Yemen �

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TABLE OF CONTENT LIST OF ACRONYMS AND ABBREVIATIONS................................................. 5

Glossary ................................................................................................................... 7

Executive Summary................................................................................................. 9

Structure and Content of the Resettlement Policy Framework........................... 18

CHATER ONE: INTRODUCTION ..................................................................... 19 1.1 Project Brief Description................................................................................ 20

1.1.1 Connecting Rural Areas to the Grid (Service Territories)......................... 20 −ł−ł� Providing Areas with Off-Grid Systems.................................................. 21

1.2 Background on the Resettlement Policy Framework (RPF)............................ 221.2.1 Resettlement Policy Framework Objectives............................................. 23

1.3 Brief Description of the Potential Loses Due tot̃he Project Implementation... 24

CHATER TWO: LEGESLATIVE AND INSTITUTIONAL FRAMEWORK OF RESETTLEMENT ................................................................................................ 27

2.1 Yemeni National Legislation and Policies:..................................................... 272.1.1 Land Ownership...................................................................................... 28 2.1.2 Key Issues Related to Land Ownership in Yemen................................... 34 2.1.3 Land Acquisition Issues and Procedures.................................................. 34 a. Administrative Acquisition……… ............................................................... 35 b.Judicial˜Acquisition...................................................................................... 36 c. Amicable/ Mutually Agreed Acquisition………….. ..................................... 37

2.2 World Bank Safeguard Policies...................................................................... 392.3 Discrepancies between Yemeni Regulations and World Bank Policies ........... 402.4 Key Institutions Related to Land Use ............................................................ 43

2.4.1 General Organization of Lands, Survey and Urban Planning (GOLSUP) . 43 2.4.2 Office of Public Works and Roads (OPWR) ............................................ 44 2.4.3 Local Councils ........................................................................................ 44 2.4.4 Local Resettlement Committees (LRC) ................................................... 45

2.5 Institutional Capacities ................................................................................... 45

CHATER THREE: PROJECT AFFETCED PERSONS (PAPs), ELEGIBILITY CRITERIA, COMPENSATION AND ASSETS VALUATION.......................... 47

3.1 Who Are the Project Affected Persons?.......................................................... 47ł−ł− Vulnerable groups................................................................................... 48

3.2 Eligibility Criteria.......................................................................................... 53ł Methods of Valuation of Affected Assets and Compensation......................... 543.3.1 Asset Valuation....................................................................................... 54 ł ł Compensation......................................................................................... 55

ł Entitlement Matrix......................................................................................... 55

CHAPTER FOUR : RESSETLEMENT AND COMPENSATION PLANNING56 ł− RAP/ARP Preparation process....................................................................... 564.1.1 Project Screening.................................................................................... 56 ł−ł� Preparation of Socio-Economic Survey................................................... 56


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4.1.3 Preparation of Resettlement Action Plans (RAP)/ Abbreviated Resettlement Plan (ARP)................................................................................. 57 ł−ł� Project Appraisal and Approval............................................................... 58

4.1.5 Project Implementation........................................................................... 58 4.1.6 Monitoring and Evaluation Process......................................................... 60

4.2 Budget and Sources of˜Funding RAP/ARP..................................................... 63

CHAPTER FIVE: IMPORTANT CONSIDERATIONS IN THE IMPLMENTAIOTN OF RAP/ARP.................................................................. 72 ł− Measures to PAPs consultation and participation............................................ 72ł Disclosure...................................................................................................... 74ł Capacity Building Needs for the Implementation of RAP/ARP...................... 74

References .............................................................................................................. 76

List of Tables Table 1: List of Yemeni Legislation Related to Land Acquisition............................ 27 Table 2: Laws Governing Private Property.............................................................. 28 Table 3: Laws Governing State Property................................................................. 29 Table 4: Laws Governing Common Use Land......................................................... 30 Table 5: Laws Governing the Waqf / Endowed Land.............................................. 31 Table 6: Laws Governing Agriculture Land............................................................. 31 Table 7. : Laws Governing Neighborhood rights...................................................... 32 Table 8: Laws Governing the Rights of Squatters.................................................... 33 Table 9: Gaps Between Yemen Legislations and The World Bank OP 4.12............. 41 Table 10: Possible Losses from Land Acquisition.................................................... 47 Table 11: Vulnerable Groups in the REAP context and proposed mitigation

measures.......................................................................................................... 51 Table 12: Criteria for Eligibility (OP 4.12)............................................................... 53 Table 13: Replacement Cost for Tangible Assets..................................................... 54 Table 14: Verifiable Indicators for Monitoring and Evaluation Implementation of

RAPs............................................................................................................... 62 Table 15: Institutional Responsibilities during the screening phase......................... 65 Table 16: Institutional Responsibilities during the plan preparation phase............... 66 Table 1 �˜̃ Institutional Responsibilities during the appraisal and approval phase..... 67 Table 18: Institutional Responsibilities during the implementation phase................ 68

List of Figures Figure 1: RAP/ARP Process during the Project Cycle.............................................64 Figure 2: PAPs Consultation and Participation in the RAP/ARP along the Project

Cycle ...............................................................................................................73


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Annexes Annex I Project Details

Annex II World Bank Operational Policy No. 4.12 and its Annex on

Involuntary Resettlement Instruments

Annex III List of Individuals/ Organisations Contacted

Annex IV Entitlement Matrix for Affected People

Annex V Resettlement Screening Guidelines

Annex VI Guidelines for the Monitoring Process


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LIST OF ACRONYMS AND ABBREVIATIONS AP Affected persons

ARP Abbreviated Resettlement Plans

CAC Cooperative and Agricultural Credit˜Bank

CDA Community Development Association

CRC Central Resettlement Committee

EC Estimation Committee

EMFs Electromagnetic Fields

ESIA Environmental and Social Impact Assessment

GDI Gender Development Index

FGD Focus Group Discussion

GOLSUP General Organization for Lands, Survey and Urban Planning

GoY Government of Yemen

IR Involuntary Resettlement

LPG Liquefied Petroleum Gas

LRC Local Resettlement Committee

MFIs Microfinance Institutions

MEE Ministry of Electricity and Energy

MoSAL Ministry of Social Affairs and Labour

NGO Non Governmental Organisation

NRES National Rural Electrification Strategy

OGREDS Off-Grid Renewable Energy Development Strategy and Action Plan

OP Operation Policy

OPWR Office of Public Works and Roads

PAP Project Affected Persons

PRA Participatory Rapid Appraisal

PRSP Poverty Reduction Strategy Paper

RAP Resettlement Action Plan

RE Rural Electrification

REA Rural Electrification Authority

REAP Rural Energy Access Project

ROW Right of Way


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RPF Resettlement Policy Framework

SFD Social Fund for Development

SIA Social Impact Assessment

WB World Bank


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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 lass, 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 of

the project area, qualifies residents or users of the project area as 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.

Involuntary 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 ore 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 Background and Project Brief: Yemen has the lowest population access to electricity in the region, with little around 45% of the total population having access from the different sources of electric power. No more than 30% are connected to the grid1. Of the country’s rural population, only about 20% of 14.4 million rural inhabitants have access to electricity. GoY recognized the fact that the absence of reliable electricity supply, particularly in rural areas, is a serious constraint to economic growth. Commitment to enhancing the rural electrification (RE) has been stated in the Power Sector Development Strategy Note, 2006 and the Draft Electricity Law. The National Rural Electrification Strategy (NRES) has the objective of the contribution to economic growth and social development of the rural sector in Yemen. NRES established a methodological and institutional framework that seeks to address many critical issues in RE development including appropriate policies and laws, political support, and financial issues. One of the key principles of the RE programme is the high importance given to community participation in the provision of the electric services. This includes decentralization efforts in order to ensure that local communities are engaged in the process of service delivery, operation and governance. The Ministry of Electricity and Energy (MEE) is committed to expanding the electric coverage to the maximum number possible of rural households with the lowest cost possible. NRES has categorized Yemen RE into two main categories. 1) the expansion and connection of new rural areas to the national grid. 2) providing isolated rural communities with off-grid distribution systems provided with renewable energy generation sources. NRES has identified 27 service territories, in 12 governorates, for integration into the national grid. NRES has recommended implementing the identified projects in 3 phases, the first phase (including prioritized projects) includes 10 service territories, and the second phase includes 5 other service territories, while the third phase includes the remaining 12 service territories. The Rural Electrification Access Project (REAP) aims to implement the electrification infrastructure, and the associated institutional set-up, in 12 of the prioritized service territories of the NRES: 10 service territories of NRES phase one and 2 of the service territories of NRES phase two projects, so that the 12 governorates covered by NRES will be covered by the REAP. The REAP interventions includes construction of transmission lines and 7 substations. The secondary equipment including transformers low voltage conductors and meters. This infrastructure is expected to serve 206,776 new consumers during the coming fifteen years. The areas to be served by the off-grid systems are the areas that do not meet NSER service territories criteria nor in the PEC extension plan. Household density and economic viability are the main criteria for the selection of villages for the off grid Systems. The off-grid areas identified cover more than 2,299 villages in 56 districts located in 11 Governorates, in addition to 3,977 villages of less than 50 households. The off-grid systems will also cover a number of isolated public facilities including rural health

1 The Poverty Reduction strategy Paper, the World Bank and the Government of Yemen, May 2002


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centers, schools, mosques and military checkpoints. The use of solar energy as a sustainable primary source is recommended with possibility to use wind energy in areas that may have sufficient wind. Resettlement Policy Framework (RPF) Definition, Objectives and Components:

RPF is prepared in accordance with World Bank guidelines as set out in their OP 4.12 and in compliance with Yemeni laws pertaining to involuntary resettlement and land acquisition. It is the instrument that should be employed should the issue of involuntary resettlement arise. It is required when the extent and location of involuntary resettlement cannot be known at the appraisal phase. It establishes resettlement objectives, principles, organizational arrangements, overall design of the resettlement program, and funding mechanisms for any resettlement operation that may be necessary during the project preparation and implementation phases. It includes in itself guidelines for the preparation of Resettlement Action Plans (RAPs) or Abbreviated Resettlement Plans (ARPs). It is not possible to start by preparing a RAP or ARP during the project appraisal because in this during, the exact impact of the project different components/activities is difficult to be determined or predicted. During project planning and when specific activities and zoning of the project become clearer, RAP/ARP consistent with RPF should be prepared and submitted for approval before the start in any physical implementation. Out of understanding for the severe economic, social and environmental hardships that might result from involuntary resettlement accompanying development projects, the RPF aims at safeguarding the interests of the population impacted by the project and ensuring that Project Affected Persons (PAPs), especially the poor and vulnerable, get the compensation for their loss, offer them the resettlement measures, and help them to improve or restore their levels of living and income after the project. It sets down the policy and procedures for any land acquisition or restriction of access to assets, through expropriation in the public interest. RPF main objectives include: ⇒ To avoid or minimize IR and land acquisition through design efforts ⇒ If unavoidable, to execute resettlement and compensation activities as

sustainable development programs, whereby sufficient investment resources are provided to give the displaced persons an opportunity to share in project benefits.

⇒ To assist displaced persons in their efforts to improve their livelihoods and

standards of living or at least to restore them to pre-displacement levels The RPF should include a description of the process for preparing and approving resettlement plans, estimated population and categories displaced, eligibility criteria for defining various categories of displaced persons, a legal framework reviewing the fit between borrower laws and WB regulations, methods of valuing affected assets, organizational procedures for delivery of entitlements, a description of the implementation process, grievance redress mechanisms, funding arrangements, consultation and participation mechanisms and arrangements for internal and external monitoring.


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Potential Loses Due to the Project Implementation:

The potential of affecting people’s assets (both physical and nonphysical) as a result of the implementation of REAP is perceived to be very unlikely. The findings of the ESIA also showed that, generally speaking, the implementation of REAP will very unlikely require expropriation of houses and other structures. There might be only very limited impact on restricting certain types of crops (Qat, coffee and fruits in general) in the right of way (ROW) that will be established for the transmission lines (this area in total for all the rural areas all over the country was estimated not to exceed 15 ha. Power line designers could choose power line routs around lands of restricted use, which further reduce possibilities of involuntary resettlement. Using the land in ROW for growing other crops is not an issue of concern. The establishment of the 7 substations will also require access to around 2000 m2 (0.2 ha) / substation (i.e. total of 1.4 ha) and this is normally established on state property land. In districts were most of the lands are privately owned, local rural residents either donate land or sell it to the project. There is also a potential impact on honey production and milk farms. However, ESIA recommended precautionary measures that will contribute in minimizing these impacts. The RPF has been prepared in compliance with the legislations and policies of the GoY which regulate the involuntary resettlement issues. It is also prepared in accordance with the WB OP 4.12. The following section sheds the light on the relevant Yemeni laws and regulations regulating land tenure, land ownership and tenure types, land acquisition procedures. this will be followed by summarizing the WB OP 4.12. RPF Legal framework

The legal framework of the RPF include the Yemeni legislations related to declaring land plots for public interest, expropriation and compensation; and the definition of rights of owners and use of communal property. The legal framework also includes the WB Op 4.12 on involuntary resettlement. The key challenges related to land ownership in Yemen include the trend towards increasing private appropriation of communal land, the growing confusion over communal land entrusted to sheikhs and the land that they hold privately and the weakened effectiveness of the locally-based traditional systems for managing land-related conflicts because the interference of the central government. Sheikhs who might adjudicate land-related conflicts are no longer perceived as neutral arbitrators since they are the primary beneficiaries of land concentration and the ineffectiveness of the court system. Proof registration is required but 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. The main relevant legislations and the issues they tackle are summarized in the table below Public Ownership Yemeni Constitution, Article 18 , 19


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Civil Law, Articles 118, 119, 120

Private Property Yemeni Constitution, Article 7 , 20 Civil Law, Articles 1154, 1159

Common Use of Land

Law no 21 of 1995 concerning land and real estate The Republican Decree 170, 1996

Waqf/ Endowment Land

Waqf Law no 23 year 1992 The Republican Decree 99, 1996

Agriculture Land Yemeni Constitution, Article 7, papra ( C) Civil Law, Articles 761, 765, 770, 1159

Neighborhood Rights


Squatters Law no 21 of 1995 concerning land and real estate, Articles 58, 59

Land acquisition issues for the public interest

Law no 1 of 1995 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

The WB’s policy on involuntary resettlement and the compensation of affected persons is clearly spelled out under the Bank’s operational safeguard policy (OP) # 4.12. “For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen sub-projects to be financed by the Bank to ensure their consistency with [OP 4.12]. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this [OP 4.12]. The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs.” Despite the fact that many of the Yemeni pieces of legislations comply with the World Bank safeguard Policy OP 4.12, some key discrepancies have been identified from the legislation review. This discrepancies are mainly in issues related to definition of affected Persons (APs), timing of paying compensation, compensation amount, squatters rights, resettlement options, resettlement assistance, defining vulnerable groups, PAPs consultations and grievances mechanisms. Measures are recommended by the RPF in order to ensure high consideration is paid to the WB OP4.12 in issues where gaps exist in the Yemeni legislations.

At the current stage no unique institution is in charge of the involuntary resettlement and compensation issues. It is dealt with through a number of institutions, namely, the General Organization of Lands, Survey and Urban Planning (GOLSUP), the Public works and Roads office and the Local Councils. In many cases the overlapping


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responsibilities and the bureaucratic procedures associated with the performance of these organizations lead to delayed responses to the PAPs in terms of paying their compensations and listen to their grievances. Local mechanisms in the form of Local resettlement Committees (LRCs) have been established in certain Governorates initiated by the local authorities. These local mechanisms are specifically tailored to deal with the involuntary resettlement problems, particularly for people with no formal legal rights. LRCs are successful replicable model that largely comply with the WB policy that encourage local communities participation in the resettlement process.

Project Affected Persons (PAPs), eligibility criteria, compensation and assets valuation

OP 4.12 defined PAPs as individuals who may be subjected to adverse economic, social, or cultural impacts by the WB’s assisted sub-projects. These impacts may constitute anything from the loss of physical assets such as land, farm lands, crops, commercial properties, homes, personal belongings, sources of income, and cultural / historical / religious sites, to non-physical assets such as social capital and cultural networks and activities. Impacts also include the loss of access to the physical and non-physical assets and the involuntary restriction of access to legally designated parks and protected areas. At this stage, it is not possible to quantify the number of people who may be adversely affected under the REAP Project due to the geographic extent of the project, the uncertainty of the exact sub-project interventions and the available options and resulting choice of technologies. Efforts will be made to select the alternatives that will result on no negative impacts (e.g. establishing electricity substations on state property land). However, certain categories will likely be affected from the project operation. This include rural population who operate generators and provide the electricity service informally for number of the rural residents, fuel and gas stations owners and workers whose work will also be influenced, poor families with unstable houses structures, poor families and existing accountable NGOs and Cooperatives with good reputation who are currently working in the electricity service if they get excluded from managing the service in the future. The RPF and ESIA proposed mitigation measure to eliminate the negative impact on those groups. All PAPs who suffer a complete or partial loss 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 OP4.12 specifically proposes three general categories for eligibility. Individuals who have formal legal rights to land (including customary and traditional rights recognized under the laws of Yemen) as well as who do not have formal legal rights to land, but have a claim to such land or assets (provided that such claims are recognized under Yemeni laws or become recognized through a process identified in the resettlement plan) are entitled to the following: ⇒ Compensation for loss in land and assets at full replacement cost. ⇒ In case of physical relocation, provide assistance during relocation (i.e.

moving allowances) and residential housing and / or agricultural sites with productive and location advantages equivalent to the lost sites.


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⇒ Support after displacement, until livelihoods and standards of living are restored to pre-displacement levels.

⇒ Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities

Individuals who have no recognizable legal right or claim to the land they are occupying (i.e. squatter settlements, disputed ownership) are entitled to resettlement assistance as appropriate (i.e. land, assets, cash, employment, etc.). 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 brining the asset to pre-displacement value. Replacement cost will differ depending on the type of asset. For intangible loses that can not 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. According to Law no 21 of 1995 concerning Land and Real Estate, Estimation Committee (EC), should be formed and be in charge of valuating compensation. The law stipulates that the estimation committee process 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 majority decides. Otherwise the president shall appoint an expert as a representative of the owner. Decisions of the EC are based on the majority cast. Compensation, which is a constitutional condition for lawful expropriation, 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. Compensation, which may come in the form of cash compensation, in-kind or assistance, depends on the type and severity of loss and eligibility of PAPs. Resettlement and Compensation Planning (RAP/ARP Preparation process)

After defining the REAP activities, screening should be done to determine whether or not they will necessitate the involuntary resettlement of people within the determined project area. A qualified consultant shall provide written and visualized records and enumerate all economic, residential or other ownerships and uses of the land that would be affected, together with an estimate of the numbers of people affected by type of impact. An introductory meetings with communities including PAPs and vulnerable groups should be conducted in order to inform them about the project and to disseminate the prepared RPF. Following the identification of the project component that may necessitate involuntary resettlement, a socio-economic study should be carried out by a social and involuntary resettlement consultant assisted by the Local community leaders to 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 gathered information should be used to determine the appropriate compensation and assistance for PAPs.


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Projects that entail land acquisition or may result in the involuntary resettlement of people will require the preparation of a RAP or an ARP (in case less than 200 people will be displaced). The 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/ARP shall be disclosed to the PAPs for feedback and comments. The RPF, guided by OP 4.12 provide the key design criteria for the RAP/ARP. The prepared RAP/ARP, need to be reviewed by an appraisal committee from the project team and relevant local or central authorities and sent for final approval by the Bank. The project implementation process involves a detailed survey of the project site to determine the scope of land acquisition and the impacts that the acquisition, demolition, and consequent displacement will have on the affected individuals, household, and communities. PAPs that have been determined to be eligible for compensation should be compensated prior to the project implementation, in accordance with the project’s RAP. 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. They will be formally informed through written or verbal notificationdelivered in the presence of at least one public official. LRC and project representatives 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. PAPs will sign a contract detailing the acquired land plots/affected structures and the corresponding types of compensation agreed upon. Compensation contracts signature and compensation payments shall be made in the presence of at least one public official from the village authorities. 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 grievances should be addressed to the previously proposed LRC or special committees might be formed as an independent mechanism for the purpose of receiving and responding to grievance. The committee should collect and review the grievances monthly in coordination with the CRC. Particular attention will be paid to vulnerable groups and proper documentation for all grievances and their resolution within timely manner to assist the monitoring process. Grievance redress will be approached proactively through widespread disclosure of project background, clarification of eligibility criteria for assistance, establishing a committee of honorable and respected persons. A reactive approach include settling disputes amicably, making efforts to resolve disputes at the local level approach and involve the CRC and REA in solving disputes that cannot be solved at the local level. Efforts should be made to minimize the cases that are taken to the court in order to avoid long and tiring litigation. Regular internal monitoring of the RAP implementation will be conducted by the implementing agencies (REA) assisted by PMU through regular progress reports and monthly reports prepared by the LRC and establishing monitoring database. Main indicators include the screening activities that have been carried out, payment of


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compensation to PAPs, delivery of technical assistance, public information dissemination and consultation procedures, grievance procedures, and responses and the priorities of PAPs regarding the options offered. The previously mentioned socio-economic survey can serve as a participatory tool for defining monitoring indicators. Other participatory rapid appraisals (PRA) tools like key informant interviews, focus group discussions, community public meetings, structured direct field observations, in-depth case studies of problems or success stories could also serve as monitoring tools. Quarterly internal monitoring reports should be prepared by REA with assistance from the PMU and submitted to the WB. External monitoring by an independent monitoring agency hired by WB is also recommended to ensure that the overall objective of the resettlement plan is achieved in an equitable and transparent manner. This agency should start its work as soon as the updated RAP has been approved. It should evaluate the competence and effectiveness of the project implementing agencies (REA), adequacy of compensation, development and transitional assistance techniques provided to the PAPs, ability to reach the most vulnerable PAPs, consultation and public disclosure of the RAP, effectiveness of the grievance redresses mechanism. Realistic cost estimates for the implementation of the RAP/ARP be prepared based on the data collected from the socioeconomic survey on the estimated number of PAPs that are likely to be affected and the quantity and types of affected assets. The consultant in charge of the RAP/ ARP preparation shall consider that the budget should be prepared according to actual replacement costs (at market value). REA should be responsible for any compensation for land acquisition as well as any other assistance or capacity building activities done as part of the RAP/ARP process. The contractors should be responsible for any compensation associated with any damage to assets during the construction phase. This should be clearly stated in the contracts. The prepared RPF defined the institutional responsibilities of the different concerned institutions/entities on the implementation of the RAP/ARP along the project cycle starting with project screening, passing through RAP/ARP preparation, review, approval, implementation, ending with RAP/ARP final evaluation. OP 4.12 community (PAPs) consultation and disclosure are key elements with very high importance. Public participation is also recognized by the Yemeni Constitution, Elections Law and Local Administration but without being institutionalized. PAPs participation throughout the various stages of planning and implementation of the RAP/ARP is seen as crucial for its success. Community participation helps identifying project predicted impacts and the affected individuals, households, and communities (especially the most vulnerable groups). It also engages PAPs and different community sectors including the poorest and most vulnerable. It promotes sense of ownership for the project and resettlement activities. It also mobilizes community resources to contribute and participate on the selection of project sites. Community participation allows for the collection of more accurate data, makes the delivery of entitlement and services more transparent, reduces the potential for conflicts and minimizes the risk of sub-project delays. Capacity building is seen as a major and important guarantee for the efficient implementation of the RAP/ARP. The limitations of the Governmental institutions


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might pose a big challenge. As mentioned above many institutions already have a stake in the process. Other mechanisms/community models (e.g. LRC) either already exist or will be introduced in order to implement the RAP/ARP (LRCs). A comprehensive institutional assessment for these entities 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. Needs for Institutional support might emerge. Moreover, the lack of funds and other offices facilities are expected to appear as challenges. Coordination gaps might also appear as an issue that results in duplication of effort and consuming of time. Coordination mechanisms need to be established (e.g. CRC) to play the role of an umbrella for the LRCs and assist in coordination among different concerned organizations. Training on different relevant subjects is also essential. Training programmes are recommended to go into two main modules, namely, the legal part of the resettlement issue and community participation which is an essential part of all the phases of the RAP/ARP. It is recommended for the LRCs, community leaders, NGOs or Cooperative who might be engaged in the resettlement process to get in-depth focus on the second module as it will be highly linked to their practical application.


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Structure and Content of the Resettlement Policy Framework The Resettlement Policy Framework is organised in the following order: Chapter 1: A brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a resettlement plan or an abbreviated plan cannot be prepared by project appraisal. Chapter 1 also illustrates what is meant by RPF, its development objectives, basis, and justification and a brief description for the potential occurrence of resettlement under the REAP. Chapter 2: Presents a legal framework that reviews the fit between Yemeni laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them. It also provides a brief about the World Bank OP 4.12 of IR. The chapter also presents the main discrepancies between the Yemeni legislations and the WB resettlement policy. It also highlights the key Yemeni institutions related to land acquisition Chapter 3: Defines PAPs and present the eligibility criteria in order for them to benefit from assistance on the light of the OP 4.12. It also presents the valuation methods for the affected assets and the compensation that should be provided according to the type of the affected asset. It also presents the entitlement matrix which may help as a generic tool for the analysis of the potential loses for projects and the respective entitlement benefits of the PAPs. Chapter4: Provides a description of the process for preparing and approving resettlement plans (RAP/ARP). It integrates the resettlement plan along the project cycle. The chapter sheds the light on preparing the socio-economic survey to consult PAPs before approving the RAP/ARP, setting grievance mechanisms and monitoring the RAP implementation both internally and externally. The chapter concludes with presenting the institutional responsibilities to implement the mentioned procedures required for the completion of the RAP/ARP.

Chapter 5: Sheds the light on key issues related to the implementation of successful RAP/ARP, namely PAPs participation and capacity building of the concerned institutions.


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CHATER ONE: INTRODUCTION Yemen has the lowest population access to electricity in the region, with little around 45% of the total population having access from the different sources of electric power. No more than 30% are connected to the grid2. Of the country’s rural population, only about 20% of 14.4 million rural inhabitants have access to electricity; this compares unfavorably with 85% of the urban population that has access. For cooking purposes, less than 50% of the rural poor households have access to LPG.

GoY recognized the fact that the absence of reliable electricity supply, particularly in rural areas, is a serious constraint to economic growth and to the achievement of the Government of Yemen’s (GOY) poverty alleviation objectives. The Poverty Reduction Strategy Paper (PRSP), also exemplified the rural electrification goals by increasing the coverage to 22.2% of all rural population by expanding electricity supply and selecting the most suitable alternative power sources including new and renewable energy, such as solar and wind energy by 20053. Commitment to enhancing the rural electrification (RE) has been stated in the Power Sector Development Strategy Note, 2006 and the Draft Electricity Law which stated the establishment of the Rural Electricity Authority (REA) to be the in charge of all the financial, administrative and legal issues related to rural electricity under the supervision of the Ministry of Electricity and Energy (MEE). . The highlighted importance of investing in the RE sector raised the need for the preparation of a comprehensive strategy that adapts a new service delivery model in order to ensure that the developments underway are designed in a sustainable manner. The National Rural Electrification Strategy (NRES) has the objective of the contribution to economic growth and social development of the rural sector in Yemen based upon the successful case studies of similar programmes in other countries. NRES established a methodological and institutional framework that seeks to address many critical issues in RE development including appropriate policies and laws, political support, and financial issues. Some key principles have been identified, including, but is not limited to, establishing a new independent Rural Electrification Agency (REA), ensuring programme sustainability through setting tariffs in order to meet service costs and deliver off-grid renewable energy option to the communities where grid connections are not viable. One of the key principles of the RE programme is the high importance given to community participation in the provision of the electric services. This principle was proved to be one of the key aspects for success and sustainability for rural electrification projects in many of the world countries. Community participation component include decentralization efforts in order to ensure that local communities are engaged in the process of service delivery, operation and governance. This will be achieved through encouraging some innovative models like the rural electric cooperatives in the service territories where the idea is viable. Other alternative models will also be considered in places where the cooperatives are not welcomed by community.

2 The Poverty Reduction strategy Paper, the World Bank and the Government of Yemen, May 2002 3˜The Poverty Reduction strategy Paper, the World Bank and the Government of Yemen, May 2002


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The implementation of the NRES, particularly with the consideration of the unique topographic and population pattern of Yemen means that a long term process is needed in order for the NRES to mature. The Ministry of Electricity and Energy (MEE) is committed to expanding the electric coverage to the maximum number possible of rural households with the lowest cost possible. NRES considers the objective of doubling the number of rural beneficiaries from electricity from the current level of around 3.3 million rural inhabitants to over 6.5 million rural inhabitants with physical implementation expected to take around 10 years. To achieve the optimistic objectives, MEE has identified service territories in order to provided the service in a decenteralised manner, ensure community participation in the delivery of the service and attain financial sustainability. The first phase of the NRES will include development of 12 service territories and will require significant construction works to interconnect the isolated systems to the national grid as will be explained in more details. It will also involve several institutional interventions including the development and institutional strengthening of REA as well as the different service providers entities (Cooperatives idea is generally encouraged)

Project Brief Description

1. 1. 1 Connecting Rural Areas to the Grid (Service Territories) The NRES has categorized Rural Electrification in Yemen into two main categories. The first is expansion and connection of new rural areas to the national grid, and the second is providing isolated rural communities with off-grid distribution systems provided with renewable energy generation sources. The distinction between the two modes of services has been based upon the feasibility for connecting a certain rural settlement to the national grid, where a threshold limit figure of $ 1,000/costomer for construction costs of the distribution system. REAP will include implementation of both the categories defined by the NRES and the Off-Grid Renewable Energy Development Strategy and Action Plan (OGREDS). The NRES has identified 27 service territories, in 12 of the Yemeni governorates, for rural electric expansion and integration into the national grid. The remaining 9 governorates are either considered of an urbanized nature, such as Sana’a City and Aden, or characterized by a dramatically dispersed settlement patterns, such as Al Mahra and Shabwa. The Geographic Information System (GIS) helped in identifying the service territories according to the following criteria: - The service territory should interconnect existing rural electric systems to achieve

a minimum of 10,000 but no more than 40,000 consumers - The service territory should allow for immediate expansion to connect rural

communities within a buffer of approximately ten kilometers - The goal of the newly established service territory should be to consolidate

isolated distribution system through interconnection, and to either provide power though interconnection to the national transmission system, or to consolidate power generation in a single, larger power plant

- Where possible, no more than four service territories should be created per governorate, unless the above criteria cannot be satisfied


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Because the construction of the 27 service territories could not be finalized in one phase due to the large investment requirements and efforts to be made, the NRES has prioritized these service territories according to a criteria based upon: - Economic efficiency as projects with the lowest required subsidy and lowest cost

per consumer were prioritized - Geographic balance so that no more than one project per governorate has been

included in the priority list According to the above criteria the NRES has recommended implementing the identified projects in 3 phases, the first phase (including prioritized projects) includes 10 service territories, and the second phase includes 5 other service territories, while the third phase includes the remaining 12 service territories. The REAP is aiming to implement the electrification infrastructure, and the associated institutional set-up, in 12 of the prioritized service territories of the NRES: 10 service territories of NRES phase one and 2 of the service territories of NRES phase two projects, so that the 12 governorates covered by NRES will be covered by the REAP. The REAP interventions includes construction of about 96 km 33 KV transmission line, 2,569 km of 11 KV lines, 7 substations (33/11 type of 5 MVA) and secondary equipment including transformers low voltage conductors and meters. This infrastructure is expected to serve 206,776 new consumers during the coming fifteen years. More Details are included in Annex I.

1.1.2. Providing Areas with Off-Grid Systems The areas which have been included in the OGREDS are the areas that do not meet NSER service territories criteria nor in the PEC extension plan. The OGREDS has also set screening criteria for selecting rural settlements to be prioritized. This included giving higher priority to the household densities (higher number of households) so as they will be more economically viable, the villages with higher ability to pay for energy services (using the poverty index). The off-grid areas identified by the OGREDS according to the above criteria cover more than 2,299 villages in 56 districts located in 11 Governorates, as illustrated in Annex I in addition to 3,977 villages of less than 50 households. In addition to households, the off-grid systems will also cover a number of isolated public facilities including rural health centers, schools, mosques and military checkpoints. The OGREDS has recommended the use of solar energy as a sustainable primary source, because of solar radiation is sufficient all over the county, with possibility to use wind energy in areas that may have sufficient wind, such as coastal areas, pending more accurate wind measurements during the first stages of the project. Namely three power systems have been recommended, including Solar Lamp (SL), Solar Home Systems (SHS) and Wind Hybrid Systems (WHS). More details bout the power systems are included in Annex I For off-grid power supply for public facilities such as health centers, schools, mosques and military checkpoints the SHS will not be sufficient to meet their power demand, therefore different PV arrays will be used as illustrated in more details in Annex I


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Background on the Resettlement Policy Framework RPF

It is a widely accepted fact that if left unmitigated, involuntary resettlement (IR) as a result of development projects may produce economic, social and environmental risks. A Resettlement Policy Framework (RPF) is required when the extent and location of resettlement cannot be known at the appraisal phase. RPF is prepared in accordance with World Bank guidelines as set out in their OP 4.12 (attached in Annex II) and in compliance with Yemeni laws pertaining to resettlement and land acquisition in order to be the instrument that is employed should the issue of resettlement arise. Its purpose 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 project preparation and implementation phases. The RPF may be triggered whenever a project activity entails the involuntary acquisition of land and / or the displacement of people. When the exact extent of land acquisition becomes known during the implementation phase, site specific Resettlement Action Plans (RAPs) or Abbreviated Resettlement Plans (ARPs) will be prepared, depending on the scale and severity of impacts. The resettlement process should be finalized prior to the commencement of any physical works. It is not possible to start by preparing a RAP or ARP during the project appraisal because in this during, the exact impact of the project different components/activities is difficult to be determined or predicted. RPF is then the appropriate tool that the PMU submits, prior to appraisal. It includes in itself guidelines for the preparation of RAP/ARP. It also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs. During project planning and when specific activities and zoning of the project become clearer, RAP/ARP consistent with RPF should be prepared and submitted for approval before the start in any physical implementation. This is very unlikely to be needed for the REAP.

RPF in consistence with the WB OP 4.12, should include some key elements. It should start with a brief description of the project and components for which land acquisition and resettlement are required. It also should spell out the principles and objectives governing resettlement preparation and implementation and provide a description of the process for preparing and approving resettlement plans. To the extent feasible, estimated population displacement and likely categories of displaced persons should be included. RPF should also include eligibility criteria for defining various categories of displaced persons, a legal framework reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them. Methods of valuing affected assets should also be established and organizational procedures for delivery of entitlements should be explained. RPF should include a description of the implementation process, a description of grievance redress mechanisms, a description of the arrangements for funding resettlement. Community participation is a key consideration that the RPF should pay attention to. Thus it should include a description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and arrangements for monitoring by the implementing agency and, if required, by independent monitors.


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1.2.1 Resettlement Policy Framework Objectives

As referred to above, involuntary resettlement arising from projects often gives rise to severe economic, social and environmental hardships. The hardships stem from the following reasons among others:

a) Disruption of production and income generating systems,

b) Affected persons’ skills being rendered inapplicable in new environments,

c) Weakening of community and social fabric and networks,

d) Dispersion of kin groups, and

e) Loss of cultural identity and traditional authority

The target of the RPF is to ensure that Project Affected Persons (PAPs) get the compensation for their loss, offer them the resettlement measures, and help them to improve or at least restore their levels of living and income after the project impact. It is intended to safeguard the interests of the population impacted by the project, especially the poor and vulnerable. OP 4.12 of the World Bank aims to ensure that throughout the project life, it fully complies with the principle that any involuntary loss of assets or relocation of economic activities or residence, are minimized and fully compensated, and that adequate procedures exists for prior consultation of all affected persons, assessment of losses and entitlements, handling complaints and disputes, and monitoring the outcomes. In particular it provides that the outcomes conform to the principles of full and prior compensation for any lost assets and full restoration of standards of living that are directly and adversely affected. The policy also applies to those who lack legal or formal ownership of affected assets and are entitled to fair compensation and all other forms of assistance (housing, social services etc.).

This document sets down the policy and procedures for any land acquisition or restriction of access to assets, through expropriation in the public interest. It applies to private and communal lands or properties affected throughout the REAP. It defines how the government of Yemen (REA) deals with identification, mitigation and compensate any adverse impacts on the assets and livelihoods of the affected people by expropriations together with the governing laws to safeguard the interest of the population impacted by the project, especially the poor and vulnerable. RPF main objectives include: ⇒ To avoid or minimize (whenever possible) IR and land acquisition through design

efforts. ⇒ If IR and land acquisition are unavoidable, to execute resettlement and

compensation activities as sustainable development programs, whereby sufficient investment resources are provided to give the displaced persons an opportunity to share in project benefits. Displaced and compensated persons shall be meaningfully consulted and given opportunities to participate in planning and implementing resettlement plans.


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⇒ To assist displaced persons in their efforts to improve their livelihoods and standards of living or at least to restore them to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

The RPF should include: � Screening project activities to determine whether or not they will necessitate the

involuntary resettlement of people within the determined project area (e.g. cadastral information, other information on ownership, existing structures and uses of land that would be directly affected by the works)

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

the extent feasible; � Eligibility criteria for defining various categories of displaced persons; � A legal framework reviewing the fit between borrower laws and regulations and

Bank policy requirements and measures proposed to bridge any gaps between them;

� Methods of valuing affected assets; � Organizational procedures for delivery of entitlements, including, for projects

involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer;

� A description of the implementation process, linking resettlement implementation to civil works;

� A description of grievance redress mechanisms; � A description of the arrangements for funding resettlement, including the

preparation and review of cost estimates, the flow of funds, and contingency arrangements;

� A description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and

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

Brief Description of the Potential Loses Due to the Project Implementation The potential of affecting people’s assets (both physical and nonphysical) as a result of the implementation of REAP is perceived to be very unlikely. The stakeholders consultation that has been undertaken as part of the preparation of the project Environmental and Social Impact Assessment (ESIA) included some investigations on potential resettlement issues (List of individuals/organizations contacted is attached in Annex III). The findings of the ESIA also showed that, generally speaking, the implementation of REAP will very unlikely require expropriation of houses and other structures. There might be only very limited impact on restricting certain types of crops in the right of way (ROW) that will be established for the transmission lines. The following are the key findings related to the Need for Land Acquisition:


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it is predicted that the physical installation of substations and transformers (transmission towers) and the establishment of the ROW in the grid component will require access to certain amount of lands as will be explained in more details below. During the construction phase, temporary land acquisition may also occur in association with the construction camps and for storing equipment. The requirement of the 12 meters ROW along high voltage power lines above as implied by the Electricity Law is not applicable for distribution lines that shall be constructed under the REAP. However, certain limitations on certain land uses under the line should be considered due to the possible effects of electromagnetic fields (EMFs) of the line. Therefore a certain area under the line will be kept as a buffer zone for maintaining the public safety from electric hazards and high exposure to EMFs. The limitations on land uses in this area include preventing buildings and plantation of trees. The width of this strip is not identified by the law, however, the NRES Phase III report recommended keeping ROW strip of 10 meters (30’), 5 meters from each side of the line, for limitations on trees plantation. Location of power lines will be most convenient on sides of existing rural roads to facilitate access to these lines for construction and maintenance. Power lines located besides rural roads will cause little limitations on land use because the 10-meter strip will intersect with the road buffer zone and the reaming area of the strip, if any is left, will be very narrow strip that is usually not suitable for development, especially in the rocky zones of the highlands. Therefore the land use limitations for power lines along roads are not expected to be an issue of concern.

The ROW zone should be free from tall trees in order to maintain the safety of the line; therefore there will be a limitation on agriculture crops that are cultivated by tree plantation. This limitation will most probably include some of the most common crops of the country including Qat, coffee and fruits in general. According to the estimates calculated by the ESIA and assuming that the restricted crops occupy about 18%4 of the total cultivated lands on the average, the areas of land that may be located within fruits or Qat field could be estimated by 15 ha, as illustrated in Annex I. Because areas ownership by individuals is limited in most cases areas of restricted crops will not be collectively large and that power line designers could choose power line routs around lands of restricted use, which further reduce possibilities of involuntary resettlement. Other than power lines, the need for involuntary physical resettlement and land acquisition related to substations and transformers are much lower, considering that only 7 substations will be constructed in the 12 service territories with average area around 2000 m2 (0.2 ha) / substation. The interviewed stakeholders including the interviews with MEE stressed the fact that efforts will be made to avoid setting any of the projects components (substations and transformers) on citizens owned land, in the first place. The stakeholders consultations showed that in certain districts Government land property are available5 and involuntary resettlement will be unlikely. However, in other districts stakeholders mentioned that most of the lands are privately owned6.According to local rural residents’ previous experiences in similar cases, land

4 This percentage point to the coffee, Qat and fruits cultivation according to 2007 Statistical Book of CSO 5 Hufash, Al Mahweat 6 Demt, Ad -Dhale - Attyal, Sana’a, Hagana Khawlan , Sana’a


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donation is a quite common community contribution in public good projects that is widely appreciated and is believed to strength the social prestige. In other cases, people were compensated for their land, shelter, existing commercial, business enterprises or other public or private structures through an estimation committee (EC) that was formed and consulted the project affected persons (PAPs). In the meetings that were conducted in Mudiyah- Abyan, stakeholders showed that their previous experience in the establishment of different community services like hospitals, post offices, communication centres and roads projects suggests that apart from the well off land owners who were willing to donate land, affected people were consulted through an EC established for this purpose. This ends up by either donating the required land or selling it to the project or exchanging it with alternative equal land plots. The ESIA also studied a potential impact on honey production through the impact of EMF of power lines on bees and also a potential impact on milk farm in case of implementing the Single-Wire Earth-Return system. Because it is believed that cows are more sensitive to earth return currents and associated touch potential than humans, and accordingly the milk production at these dairy farms could be affected. However, ESIA recommended precautionary measures that will contribute in minimizing these impacts. It is quite difficult to estimate the number of people whose lands might be affected by the project components both by being restricted from growing certain crops or by acquiring land for the substations. However, and due to the fact that both the components require access to limited amount of land and also because other alternatives are still available for people (e.g. growing alternative croups), the estimated population who is expected to be negatively affected is perceived to be very low.


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CHATER TWO: LEGESLATIVE AND INSTITUTIONAL FRAMEWORK OF INVOLUNTARY RESETTLEMENT The RPF has been prepared in compliance with the legislations and policies of the GoY which regulate the involuntary resettlement issues. It is also prepared in accordance with the WB OP 4.12. The following section sheds the light on the relevant Yemeni laws and regulations regulating land tenure, land ownership and tenure types, land acquisition procedures. this will be followed by summarizing the WB OP 4.12.

Yemeni National Legislation and Policies

The conditions and provisions for declaring land plots for public interest, the provisions for expropriation and compensation; and the definition of rights of owners and use of communal property are existent in the Yemeni Legislations. However, there are weaknesses in the judicial system and a prevalence of customary law and enforcement of Islamic Shari’ah law as given in Article 1 of the Civil Law: “Islamic Shari'ah Law shall be forced on all transactions and issues of which the texts are defined lexically and meaning wise”. In the absence of the precise definition in the Civil Law the matter shall be resorted to the principles of the Islamic Shari'ah from which the Civil Law is drawn. In the absence of the latter the judge shall pass his judgment in accordance with conventional (Traditional) legislations. In the absence of the conventional legislations the judge may resort to the justice based on the principles of the Islamic Shari'ah. The conventional (traditional) legislations shall be conditioned in that it shall be general and fixed and does not contradict public obedience. it is necessary that the RPF take the social context into account and adapt it to local conditions. The following list in Table 1 is a guide that shows the key subjects related to land property and land acquisition and the main pieces of Yemeni legislations that deal with them Table 1: List of Yemeni Legislation Related to Land Acquisition Public Ownership Yemeni Constitution, Article 18 , 19


Private Property Yemeni Constitution, Article 7 , 20 Civil Law, Articles 1154, 1159

Common Use of Land Law no 21 of 1995 concerning land and real estate The Republican Decree 170, 1996

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

Agriculture Land Yemeni Constitution, Article 7, papra ( C) Civil Law, Articles 761, 765, 770, 1159

Neighborhood Rights Civil Law, Articles 1161, 1163, 1164


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Squatters Law no 21 of 1995 concerning land and real estate, Articles 58, 59

Land acquisition issues for the public interest

Law no 1 of 1995 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

2.1.1. Land Ownership Land ownership is based on principles of Islamic law and has main categories: 1)privately owned (mulk), 2) state-owned (referred to as mîrî historically), 3)communal property, 4) land endowed to a religious trust (waqf), 5) Agriculture land, and 6) Other Types of Land (barren land, desert land, white land, Marafeq Amaa) 2.1.1.1 Privately Owned Land

Private land is subject to Shari’a law which ensures that the direct descendents inherit of the owner, and falling that the indirect descendents inherit the estate upon the owner’s death. It is administered under customary law and is documented by a written deed or contract, usually signed by a religious authority or a shaykh who is also charged with updating records (e.g., inheritance changes). The effectiveness of locally-based traditional systems for managing land-related conflicts are weakened because the central government, a higher authority, may intervene. Second, local shaykhs who might adjudicate land-related conflicts are no longer perceived as neutral arbitrators since they are the primary beneficiaries of land concentration. The court system is also ineffective and overburdened with adjudicating land conflicts.

Table 2: Laws Governing Private Property Constitution Article 20 Public appropriation of property is forbidden. Private appropriation is

unlawful without judicial decision Article 7 Paragraph (c) of Article 7 of the Constitution of the Republic of

Yemen states that: “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


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Article 1159 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 states that: “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.”

2.1.1.2. State–Owned or Government Land (Miri)

Government land 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. Government land is a 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. Urban land records are kept in the Ministry of Finance, Department of Public Domain, and the land is administered by the Ministry of Public Works and Highways and in rural areas by tribal areas by tribal or village leaders. Public Property was 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.

Table 3: Laws Governing State Property Constitution Article 19 Public property and assets have certain inviolability, which should be

protected and safeguards 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 18 Public 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 Law Article 118 Public Property is 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

Article 119 Public Property shall lose its identity by actually ending the purpose


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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 120 The 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.

2.1.1.3. Communal Land There is a trend towards increasing private appropriation of communal land. Customary law entrusts shaykhs with the management of communal lands, primarily used for grazing and firewood collectionbut in recent years, as land speculation has increased (especially in areas close to towns), lack of clarity started to be an issue in some cases between what is communal land and what is private land. Any land acquisition activities under the project should therefore carefully examine this issue and make careful determinations about the status of land.

Table 4: Laws Governing Common Use Land Republican Decree no. (170) of 1996 concerning law no. 21 of 1995 of Lands and Real Estate

defines it considered 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 make the following definition: “Common-Use Land are considered to be fully and completely owned by the State”.

Law no. 21 of 1995 Article 43 The 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.


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Article 44 The 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 46 Cultivated 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.

2.1.1.4. 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 Table 5: Laws Governing the Waqf / Endowed Land Constitution

Article 22 Endowments 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) 1996

defines leasing Waqf Lands

2.1.1.5 Agricultural Land

Actual cultivated lands or lands that are prepared for cultivation.

Table 6: Laws Governing Agriculture Land Constitution Article (7) Private property shall be respected and protected and shall not be


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paragraph (c)

infringed except when justified by necessity and for the public interest , this shall be in return for a fair compensation according the law.

Civil Law Article 527 Registering 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 756 permits 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 compensation

Article 761 Defined the term plantation Article 765 Defined the term farming Article 770 Defined irrigation

2.1.1.6. Other Types of Land 1. Barren Lands

Open left lands or lands that are deserted.

2. Desert Lands

Sandy lands, or lands that are covered with a sandy layer.

3. White Land

These are the 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.

4. Al – Murafeq Al – Amma

This consists of 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.

2.1.1.7. Neighborhood Rights Yemen Civil Law spelled certain articles in order to regulate the neighborhood rights as follow: Table 7. : Laws Governing Neighborhood rights Article (1161):

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.

Article If an owner builds a water duct or canal in his property, then it does


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(1163): 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."

2.1.1.8. Laws Governing Squatters

Table 8: Laws Governing the Rights of Squatters Law no.21 of 1995Article 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 shall be formed a Technical Committee for estimating the selling or renting prices of these Lands 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 .


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2.1.2 Key Issues Related to Land Ownership in Yemen

⇒ There is trend toward increasing private appropriation of communal land.

⇒ The customary law of the Yemeni tribes, religion, communal and customary norms do recognises the importance of avoiding harms and damages to the property. It facilitates for actions in order to improve resettlement implementation.

⇒ Customary law entrusts sheikhs with the management communal lands, primarily used for grazing and firewood collection.

⇒ There is growing confusion over communal land and the privately owned land which result in lack of clarity and conflicts.

⇒ 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.

2.1.3 Land Acquisition Issues and Procedures Law N0. (1) of 1995 regulates Land Acquisition for the Public Interest. It specifies the following as state lands: ⇒ Lands and Estates where ownership belongs to the state ; ⇒ Lands and Estates that prove to be owned by the state according to document,

deeds, or any other legal justification, ⇒ Barren Lands, forests and jungles if they are not a permanent property of an

individual, ⇒ Coast and their natural protected boundaries and semi depopulated islands, ⇒ Lands and Estates that are not owned by an individual, and has no inheritors

according the principles jurisdictions of the Sharai’ah Law, ⇒ Any lands that are considered according to the jurisdictions of the existing laws a

State property.

This Law aims at locating and identifying State Lands and Estates, and to 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.

According to Article (1) of this law: Land Acquisition for the Public Interest ministries, authorities and general intuitions 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 the following works: a. Vital Projects that have no other alternatives as far as location is

concerned , such as :


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� Water sanitation installations, sites of mineral, oil, and gas resources, airports, harbors, dams and irrigation and water supply projects. � Shelters, trenches and access and all types of installations required by security and defense.

b. Vital Projects which have other alternatives as far as location is concerned , such as

� Mosques, cemeteries/graveyards, schools, institutes, universities, hospitals, military camps/barracks, Police stations, Slaughter house, orphanage, roads and markets. � Industrial zones, agricultural installations, electricity projects, communications and postal services. � 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.

According to Article (3) the act of acquisition in general can either be administrative or amicable in the event of conflict disagreement the matter is then reverted to court. 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. 2.1.3.1 Types of Land Acquisition Procedure Three main types of acquisition procedures described in Law no. 1, 1995 concerning land acquisition for general benefits.

a. Administrative Acquisition

b. Judicial Acquisition

c. Mutual Acquisition.

a. 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.


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� 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.

b. 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


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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.

c. 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 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


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Estate Registry with his disagreement to the issue of the acquisition , and all related procedures are then considered null and void.

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.

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


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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.

2.1.3.2. General Provision Regarding Acquisition (Art.21- 27)

a. If the act of acquisition involves only part of a real estate thus resulting in the remaining part becoming non-beneficial and unusable, then the party acquisitioned from is entitled to demand from the court that this remaining part of the real estate be also acquisitioned by the acquisitioned. The court may then rule that the whole of the real estate be acquisitioned if the Estimation Committee deems it valid. The application for this acquisition must be made during a period not exceeding two years from the date the acquisitioned real estate was formally handed over to the acquisitioner.

b. If the partial acquisition causes physical damage to the remaining parts of the real estate the party acquisitioned from is entitled to respective compensation. Moreover, every owner of a real estate not affected by the acquisition but suffered harm and damage as a result of executing the project is entitled to appropriate compensation. Respective court proceedings must commence not later than one year from the date of the commencement of the project.

c. No action of whatsoever type is considered valid with respect to a real estate which is the current subject of valuation of compensation by the Estimation Committee, or is the subject of an acquisition case being looked into by the court.

d. In districts were no real estate register exist the registry of the courts shall carry out the task of registering real estates. Courts must start operating registries for this purpose until such time as Real Estate Registries are established and the registers are transferred to them from the courts.

e. The court of appeal in which domain is located the real estate becomes the court which specializes in looking into all applications, litigations and legal proceedings pertaining to acquisition for the common good. Contesting of appeal to the high court not halt the execution of whatever had been ruled by the court of appeal in accordance with the law of Civil Procedure. ˜

f. Every authority entitled by law to acquisition real estate (inclusive of land, in accordance with Article (1) of the Law referred to above) intending to acquisition a real estate should first notify the concerned party in the Department of Government Real Estate of its intention to before commencing acquisition procedures.

g. Acquisition transactions and dealings are exempted from stamp duty and Real Estate Registry fees.

World Bank Safeguard Policies The WB’s policy on involuntary resettlement and the compensation of affected persons is clearly spelled out under the Bank’s operational safeguard policy (OP) # 4.12. “For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen sub-projects to be financed by the Bank to ensure their consistency with [OP 4.12]. For these operations,


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the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this [OP 4.12]. The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs.”

Discrepancies between Yemeni Regulations and World Bank Policies Many of the Yemeni pieces of legislations comply with the World Bank safeguard Policy OP 4.12. However, some key discrepancies have been identified from the legislation review and the consultation with stakeholders. Table 9 below summarizes the gaps between the Yemeni regulations and World Bank policies.


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Table 9: Gaps Between Yemen Legislations and The World Bank OP 4.12 Topic Yemen Laws World Bank

Laws Applied Measures

Definition of affected Persons (APs)

It includes two types: 1-legal owners. 2-squattered people (before law 21 year 1995)

It includes all affected people; whether legal owners/squatters, regardless of the size of the damage (housing/economic activity) and its extent.

Yemen laws shall encompass all affected people so as to be eligible for full compensation. Any APs from housing dispossession /economic activity shall be entitled to compensation.

Timing of compensation payment

Payment prior to displacement in case compensation is alternative land

Payment prior to displacement

Payment should be made prior to displacement in all cases

Compensation amount

According to prevailing market price and the Estimation committee (EC) decision.

Full replacement compensations

Payment in cash according to the Estimation Committee decision before moving. In kind compensation might also be paid under the AP preference. Land should be registered with AP’s name before moving. In case of any variations in the compensation amount, the world bank replacement concept shall prevail. (Replacement cost should be applied according to OP 4.12)

Squatters Shall be compensated by an ad-hoc committee; including the Governor, office of land, survey and planning authority& office of general works and roads

Assistance is exclusive for resettlement(not for lands)

H.E the President or the Governors issue administrative decree for forming of a committee to rehabilitate the conditions of the squatters residents. This mechanism becomes a solution for those who do not have the legal documents.

Resettlement The law consider the cases of those

Affected people who are physically displaced are to be

ided with

Affected people should be offered various options for resettlements (not only one

i ) l i l h


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Topic Yemen Laws World Bank Laws

Applied Measures

who own nothing but the land and consider assisting them to restore their situation at lest to the level it was before involuntary resettlement

provided with residential housing, or housing sites, or, as required, agricultural sites at least equivalent to the old site. Preference to be given to land-based resettlement for displaced persons whose livelihoods are land-based The resettlement would be based on RAP in case there the affected people is 200 or more while for less than 200, an ARP would be conducted

option) at least equivalent to the old property or site. The affected people should be supported also with a sort of soft-loan that compensates the difference in value between the old and new property. Both RAP and ARP should be followed in relevant cases

Resettlement assistance

Only limited to the compensation amount valuated by the ad hoc committee, in addition to providing all the needed services

Affected people are to be offered support after displacement, for a transition period

The paid compensation is based on the decision of Estimation Committee. The resettlement assistance during the transition period should also be considered by the concerned ministries as well as the provision of all services for resettlement area.

Vulnerable groups

Inexistent in the Yemeni legislations

Particular attention to be paid to vulnerable groups, especially those below the poverty line, the landless, the elderly, women, children, …etc

Considerable attention should be given to those categories (or other categories according to the country context) by giving them the chance to participate and select their own resettlement preferences and get involved in the decision making process.

Information& Consultations

APs are informed about the Resettlement decision through the compensation committees h i

Displaced persons and their communities are provided timely and relevant information, consulted on resettlement options, and offered

Through committees formed by HE the Governor which include the local council members and lanes natural leaders for representing the inhabitants and affected people.


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Topic Yemen Laws World Bank Laws

Applied Measures

that negotiate with them and gather information about assets inventory, number of family members…etc

opportunities to participate in planning, implementing, and monitoring resettlement

Efforts should be made to ensure sharing information and consulting APs during the different stages of the resettlement process (planning, implementation, monitoring ..etc) as stated in OP 4.12

Grievances The law provides for the right of grievance before the Estimation committee /courts

Appropriate and accessible grievance mechanisms to be established.

Grievance period is limited to only one month in Yemeni law. Committees/courts shall finalize all relevant adjustment measures during fixed periods for respect of APs rights

Source: Adapted from the drafted PDF prepared by the Port Cities Development Project (PCDP)

Key Institutions Related to Land Use

2.4.1. General Organization of Lands, Survey and Urban Planning (GOLSUP) Subject to law of Land and Real Estates no 21 of 1995, the General Organization of Lands, Survey and Urban Planning (GOLSUP) was established under the presidential decree no 93 of 2006 which merged the Survey and Notary Public Authority with Planning Department (formerly an affiliate of General Works & Roads) in the above title (General Organization of Lands, Survey& Urban Planning).It is responsible for all land related tasks; planning, preparation, concession/ ownership contracts and notarization. These measures are taken in the framework of the government financial and administrative reform and state reorganization actions for unifying measures and ensuring regular control and planning processes. Therefore, GOLSUP encompassed the following departments in its organization structure:

• Land Department: for 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.

7 Most of the information presented under this section are obtained from the draft RPF prepared by the Port Cities Development Program (PCDP). Thus, many references are made coastal Governorates. These references are seen as good examples that encouraged community based mechanisms and could be replicated in order to deal with potential resettlement in other places


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• Planning Department: 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 photogrametry .

• 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, 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.

Due to the significant tasks required from these departments, institutional strengthening and capacity building are seen as crucial in order for them to cope with their responsibilities.

2.4.2. Office of Public Works and Roads (OPWR) It plays a vital role in issuing building licenses according to the recognised legal procedures and measures. Therefore, building control and citizen’s compliance with laws shall have good impact on building safety , non violation and avoidance of demolition in case of its location in public roads, not to forget road pavement, city reorganization and its consequent layout changes and owners exposure to certain damage and their compensation methods according to ownership law taken measures.

2.4. 3. Local Councils Represented by the Governor, they play a role in the control of resettlement process thanks to the executive decrees and instructions of the central organizations, formalization of informal cases. Therefore, the taken measures by some Governors significantly helped in this respect. In Aden Governorate, such measures for the displaced inhabitants of Caltex, shipping village played vital role in solving the problem. Affected persons received compensations either in the form of buildings or land plots (registered for building). H.E., the president, ordered all Governors to survey and document all squatters which are not supported by any formal document, provided they are located within the formal borders and do not exceed the area of 20x20m. Hadramut Governor formed high committee under the chairmanship of the Governorate Secretary and members from the General Organization of Lands, Survey and Urban Planning, legal affairs, head of Mokalla local council. Sub-committees were formed on the level of each district and lane and included district member of the local council, lane natural leader and Engineer. The sub committees were exclusively responsible for documenting houses using a specially designed questionnaire. These efforts have been made to formalize the situations of squatters residents. After the accomplishment of the tasks of those committees, these squatters will be formally registered. Residents shall have legal documents and be subject to ownership law (in case of they are exposed to involuntary resettlement).


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Through these procedures, these agencies have integrated tasks to fulfill each department has its legal measures, subject to its duties and responsibilities.

2.4. 4. Local Resettlement Committees (LRC) Local authorities in some governorates like Hadramut and Aden initiated local committees (LRCs) which included, inter alia, representatives of the local authorities, owners representatives and some community leaders. The LRCs objective was finding solutions for that resettlement cases both that have been already done as well as the potential. Their assistance was focusing 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 played a positive impact on the resettlement process of those individuals. It is worth mentioning that such a local mechanism comply to a far extent with World Bank safeguard policy (OP 04.12) in terms of encouraging local communities participation in resettlement

Institutional Capacities

At the current stage no unique institution is in charge of the involuntary resettlement and compensation issues. It is dealt with through a number of institutions as explained above. GOLSUP, the Public works and Roads office and the Local Councils are the relevant Governmental Organisations who 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 listen to their grievances. This, in turn, may result in deteriorating the situation and entering judicial procedures which is too long and complicated. Local mechanisms in the form of LRCs have been established in certain Governorates initiated by the local authorities. These local mechanisms are specifically tailored to deal with the involuntary resettlement problems, particularly for people with no formal legal rights. This category of people is one of the vulnerable groups who are not sufficiently protected under the ordinary laws. The LRCs formation, their objectives and performance are principally evaluated as successful model that largely comply with the WB policy that encourage local communities participation in the resettlement process. The project can benefit from the existing committees in case involuntary resettlement occurs in the Governorates served by these LRCs. Moreover, LRCs are seen as replicable models that could be formed in different areas and serve involuntary resettlement issues, if triggered, among other project related purposes (like the formation of cooperatives for the service provision8).

To ensure efficient implementation for the REAP, a Project Management Unit (PMU) is being setup under the REA with the necessary skills to implement the project. REA is responsible on REAP implementation as will as ensuring that the REAP complies

8 This was elaborated in the ESIA


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with the prepared RPF. Although the need for preparing RAP/ARP is very unlikely to be triggered, capacity building of the existing institutions and also the potential models to be established (LRCs) with assistance provided by the PMU is seen as very useful for ensuring full compliance to the involuntary resettlement principles of OP 4.12. Establishing coordination mechanisms is also seen as key issues that the RPF will focus at in order to ensure addressing the key factors for the success of the resettlement procedures, if needed. More details on the capacity building needs are listed under section 5.3. of chapter 5

.


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CHATER THREE: PROJECT AFFETCED PERSONS (PAPs), ELEGIBILITY CRITERIA, COMPENSATION AND ASSETS VALUATION

Who Are the Project Affected Persons

In this policy framework, affected persons are defined as individuals who may be subjected to adverse economic, social, or cultural impacts by the WB’s assisted sub-projects. According to OP 4.12 of the WB, these impacts may constitute anything from the loss of physical assets such as land, farm lands, crops, commercial properties, homes, personal belongings, sources of income, and cultural / historical / religious sites, to non-physical assets such as social capital and cultural networks and activities. Moreover, adverse impacts also include the loss of access to the physical and non-physical assets and the involuntary restriction of access to legally designated parks and protected areas. These types of impacts are very unlikely to affect people and assets under the REAP. Thus involuntary resettlement actions are very unlikely to be triggered. Table 10 highlights some of the key losses that may arise from land acquisition. Table 10: Possible Losses from Land Acquisition

Asset Potential Loses

Land

� Agricultural land (rented or owned) � Urban land (rented, owned, or occupied) � Commercial / business property (rented, owned, or

occupied) � Access to land

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

Income

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

Communal9

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

Religious and Cultural10

� Religious shrines � Worship areas (mosque, church, synagogue)

9 The sub-projects should not be permitted to infringe on or damage in any way public cemeteries or private graveyards or graves physical assets. If extremely necessary, such cases shall be subject to the laws of the GoY to this regard. 10 The sub-projects should not be permitted to infringe on or damage in any way religious or cultural physical assets. If extremely necessary, such cases shall be subject to the laws of the GoY to this regard.


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� Cultural, historical, sites

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

acquisition or from the sub-project itself Source: WB OP 4.12 At this stage, it is not possible to quantify the number of people who may be adversely affected under the REAP Project due to the geographic extent of the project, the uncertainty of the exact sub-project interventions and the available options and resulting choice of technologies. However, and as shown in the introduction section, the initial stakeholders consultation showed that citizens’ land acquisition for the RE component is very unlikely as priority will be given to establishing electricity substations on state property land. In case involuntary land acquisition is found to be the only alternative, RAP/ARP should be prepared guided by this RPF and compensation schemes should be considered for the PAPs (design criteria for the RAP and the ARP is provided under section 4.1.3.). It was also observed that one of the categories who might be affected from the project operation is the rural population which operates generators and provide the electricity service informally for number of the rural residents. There is also fuel and gas stations owners and workers whose work will also be influenced. No statistics are available, at that stage, about the number of potential PAPs, the level of impact they will encounter or the type of compensation they prefer (if any). It is assumed that once the sub-projects technical and operation details have been identified, it shall be the responsibility of the implementing agency (REA) to screen the projects activities that will require the drafting of a resettlement plan (as will be mentioned in more details below). The preparation of a RAP shall include, among other activities, a comprehensive census and socio-economic survey11.The survey shall target potentially affected individuals, households, communities, and vulnerable groups.

3.1.1. Vulnerable groups The Yemeni legislation do not specify any special consideration for the vulnerable groups. According to the Yemeni Constitution, Yemeni society is based on joint responsibility including justice, liberty and equality in accordance with law (Article 25). The state guarantees equal opportunities for all citizens politically, economically, socially and culturally and shall issue laws for realization thereof (Article 24). The constitution guarantee that all citizens have equal public rights and duties (Article 40) and The State shall guarantee the provision of social security to all citizens in cases of sickness, disability, unemployment, old age or loss of family provider. In particular the State, in accordance with the law, guarantees the same to the dependents of martyrs (Shuhada) (Article 56). However, the World Bank OP 4.12 emphasizes the need to give special attention to the right of vulnerable groups to make sure that they are not excluded from any adopted measures within the overall resettlement actions. Importance is given to a fair treatment of vulnerable group out of belief in the role played by social identity in determining who access what resources. Vulnerable groups are normally at higher risk of impoverishment. Consideration must be given and assistance provided, where

11 The survey shall cover all the aspects detailed in WB OP 4.12.


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necessary, to those most vulnerable to the adverse impacts of involuntary resettlement. The following table identifies those groups and proposes initial mitigation measures and types of assistance that might be provided to them. It is important here to mention that consultation with those groups along the different stages of the RAP is crucial in order to ensure designing appropriate plans that suit them. The measures to PAPs consultation and participation should be very carefully considered with the vulnerable groups. This has been elaborated in more details in the ESIA.

Draft Resettlement Policy Framework (RPF) Rural Energy Access Project, Yemen

51

Table 11: Vulnerable Groups in the REAP context and proposed mitigation measures12

Group Predicted Impact Proposed Mitigation measure Responsibility of themitigation

Land ownerswhose landsmight beaffected aspart of theprojectsactivities

� Losing important asset thatmight be linked tolivelihoods

� Provide theappropriatecompensation based onthe WB OP 4.12

REALRCsRelevant Governmentalorganizations

Villagers who sell electricityservice informally

� Reduced income � Rehabilitate and training them on new skill sandassist them in getting supportive jobs/activities

LRCsSFDNGOsCooperatives

Owners of gas stations/fueltraders

� Reduced income � Rehabilitate and training them on new skill sandassist them in getting supportive jobs/activities


Workers in gasand oil stations � Reduced income� Risk of terminating work

� Rehabilitate and training them on new skill sandassist them in getting supportive jobs/activities


Poor families � Inability to afford connectionand servicecosts

� Stigmatizing this group andenlarge the gap between itand other village families

� Realistic installment plan� Consider supportiveprogrammesfor rehabilitating

and training family members to open up jobopportunities that can enhance income

MoSALMFIs (CAC Bank –Postal services)SFD

Poor families with unstablehouses structures

� Lack of safety in the formsof risk of fires and houses

� Carry out all the technical and engineering checksto ensure houses suitability for the connections

REALRC

12 More Elaboration for these categories and theproposed mitigation measures are included in the ESIA


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unsuitability for theconnection requirements

� Build the memberscapacitiesand createopportunities for them in order to help them toimprove their housesconditions through specialschemes

NGOsSFD

Existing accountable NGOsand Cooperativeswith goodreputation who arecurrentlyworking in the electricityservice

� Losing sourcesof income forthe organization and its team

� Losing social weight andprestigeamong community

� Benefit from theexperience of theseNGOsand Cooperativeand include them in theservice provision of thenew project

MoSALREA


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Eligibility Criteria All PAPs who suffer a complete or partial loss 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 OP4.12 specifically proposes three general categories for eligibility, as illustrated in the table below: Table 12: Criteria for Eligibility (OP 4.12)

Displacement Category Entitlement

Individuals who have formal legal rights to land(including customary and traditional rights recognized under the laws of Yemen)

� Compensation for loss in land and assets at full replacement cost.

� In case of physical relocation, provide assistance during relocation (i.e. moving allowances) and residential housing and / or agricultural sites with productive and location advantages equivalent to the lost sites.

� Support after displacement, until livelihoods and standards of living are restored to pre-displacement levels. Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities).

Individuals who do not have formal legal rights to land, but have a claim to such land or assets (provided that such claims are recognized under Yemeni laws or become recognized through a process identified in the involuntary resettlement plan)

� Compensation for loss in land and assets at full replacement cost.

� In case of physical relocation, provide assistance during relocation (i.e. moving allowances) and residential housing and / or agricultural sites with productive and locational advantages equivalent to the lost sites.

� Support after displacement, until livelihoods and standards of living are restored to pre-displacement levels.

� Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities).

Individuals who have no recognizable legal right or claim to the land they are occupying (i.e. squatter settlements, disputed ownership).

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

Source: WB OP 4.12 In addition, all individuals in possession of properties (i.e. land, houses, structures) that may be adversely affected by any of the sub-projects’ activities (i.e. construction, rehabilitation, etc.) shall also be eligible for some sort of compensation which shall be identified in the resettlement plan depending on the type of damage.


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3.3. Methods of Valuation of Affected Assets and Compensation

3.3.1. 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 brining the asset to pre-displacement value. Replacement cost will differ depending on the type of asset, as illustrated in Table 13 below. Table 13: Replacement Cost for Tangible Assets

Asset Replacement Cost

Agricultural 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 can not 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. 3.3.1.1. Estimation Committee (EC) Law no 21 of 1995 concerning Land and Real Estate defines the formation of the 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 majority decides. Otherwise the president shall appoint an expert as a representative of the owner. Decisions of the EC are based on the majority cast.


55

3.3.2. Compensation Fair compensation is a constitutional condition for lawful expropriation according to article 1166 of the Civil Code No. 19 / 1992 stated that no one to be deprived from its property except in accordance with the law and in exchange of 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 APs. 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 on which type of compensation is used should be jointly agreed upon between the sub-project staff and the APs 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 it was on prior to the project’s implementation.

3.4. Entitlement Matrix Each RAP should develop a resettlement matrix that identifies the expected negative impacts from the sub-project, the eligible persons for compensation, and the compensation policy that is to be applied. Since the detailed activities of the REAP project have not yet been specifically identified, the attached entitlements matrix in Annex III may serve as a generic tool for identifying the possible losses arising from the expected sub-projects and the respective entitlement benefits of the PAPs.


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CHAPTER FOUR : RESSETLEMENT AND COMPENSATION PLANNING

RAP ARP Preparation process

4.1.1. Project Screening Once the project activities under the REAP have been identified, they should be screened to determine whether or not they will necessitate the involuntary resettlement of people within the determined project area. Annex V provides a guideline for screening sub-projects for resettlement. In this phase cadastral information (if the land is surveyed) or other information on ownership, as well as existing structures and uses of the land that would be directly affected by the works, either temporarily, or permanently should be collected. This information shall be verified by a qualified consultant who shall provide written and visualized records and enumerate all economic, residential or other ownerships and uses of the land that would be affected, together with an estimate of the numbers of people affected by type of impact. 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. It is, however, very important to consider the non-physical loses that PAPs might encounter as previously referred in chapter 3 under Assets Valuation like losing jobs or income sources or cultural identity. Efforts should be made to avoid the occurrence of such impacts. If unavoidable, these assets should be valuated or propose actions to eliminate the impacts on them.

4.1.2. Preparation of 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 affected individual / household.


57

The objective of conducting this socio-economic survey is to: � 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 labour 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.

4.1.3. Preparation of Resettlement Action Plans (RAP)/ Abbreviated Resettlement Plan (ARP) Any sub-project that shall entail the acquisition of land or may result in the involuntary resettlement of people will require the preparation of a RAP or an ARP (in case less than 200 people will be displaced). The RAP 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. More specifically, according to Annex A of the WB’s OP 4.12 on IR, the sub-project RAP should the following design criteria:

• 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 together 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


58

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

The same reference also highlighted the key minimum elements that an abbreviated plan (ARP) should covers. This namely include:

• Project activities requiring acquisition of land or other assets with required detailed such as sketch maps.

• acensus 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; and • a timetable and budget.

4.1.4. Project Appraisal and Approval 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 on 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.

4.1.5. Project Implementation A detailed survey of the project site will be prepared to determine the scope of land acquisition and the impacts that the acquisition, demolition, and consequent displacement will have on the affected individuals, household, and communities. PAPs that have been determined to be eligible for compensation should be compensated prior to the project implementation, in accordance with the project’s


59

RAP. 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.

4.1.5.1. Sign Compensation Contract and Pay Compensation to the Affected People 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. Affected individuals, households, and communities, who have been identified earlier under the socio-economic survey, will be consulted on their compensation preferences. 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 formed LRC and project representatives 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. 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 village 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.

4.1.5. 2. Grievance Redress Mechanisms 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 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 timely. The committee should collect and review the grievances (in coordination with the representative local public official) monthly and the project team in coordination with the CRC. 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 . Grievance redress will be approached both proactively and reactively: Proactive approach


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a) Widespread disclosure of project background b) Clarification of criteria for eligibility for assistance under the RPF framework c) Establishing a committee of honorable and respected persons (community leaders, people assembly members, religious persons etc), to review any grievances that may result from the project (the LRC referred to above). Reactive approach, a) Settle disputes amicably b) If disputes arise these should to the extent possible, be dealt with at the local level approach and the above committee will focus on ensuring that PAPs, particularly those belonging to vulnerable groups get fair treatment. c) If disputes cannot be solved at the local level, the CRC in collaboration with REA and other relevant organizations should review specific complaints. Highly skilled Persons in communication and dispute resolution should review PAPs grievances. 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 also 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 Constitution13) and have recourse to the Appellate Courts and the Supreme Court but this should be maintained as a last option.

4.1.6. Monitoring and Evaluation Process Monitoring will have two purposes for this Project: � To verify that project activities have been effectively completed with respect to

quantity, quality and timeliness; � To assess whether and how well these activities are achieving the stated goals and

purpose of the Project. 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 fairly dealt with. Regular monitoring of the RAP implementation will be conducted internally, by the implementing agencies (REA), as well as externally by an Independent Monitoring Agency, hired by the WB. 4.1.6.1. The Internal Monitoring: Internal monitoring of the implementation of the project RAPs will be the responsibility of the implementing agency (REA) with the assistance from the PMU.

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


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The implementing agencies will oversee the progress in resettlement preparation and implementation through regular progress reports. Monitoring Indicators The main indicators that will be monitored regularly are the following: a) Checking the screening activities that have been carried out in order to determine the need for the preparation of a RAP b) 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 factor, c) Delivery of technical assistance, relocation, payment of subsistence and moving allowances, d) Delivery of income restoration and social support entitlements, e) Public information dissemination and consultation procedures, f) Adherence to grievance procedures and outstanding issues requiring management’s attention and equality of access, g) Attention given to the priorities of PAPs regarding the options offered, h) Co-ordination and completion of resettlement activities and award of civil works contracts. The implementing agencies will collect information every month from the different resettlement committees. A database of resettlement monitoring information should be established and updated monthly. 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 to consult with the various stakeholders (local government, CRC, LRCs, NGOs, cooperatives, community leaders and PAPs). They will involve obtaining information, identifying problems and finding solutions through participatory means, which may include the following: a) Key informant interviews with selected local leaders, LRC members, b) Focus group discussions (FGD) on specific topics such as compensation payment, income restoration and relocation, c) Community public meetings to discuss community loses and impacts and construction work employment; d) Structured direct field observations on the status of resettlement implementation in addition to individual and groups interview for cross-checking purposes; e) Informal surveys and interviews of PAPs, NGOs, special interest or vulnerable groups, f) In-depth case studies of problems or success stories that have arisen during internal or external monitoring Quarterly internal monitoring reports should be prepared by REA with assistance from the PMU and submitted to the WB. Quarter reports shall include information about the number of project activities screened in order to determine the need for RAP/ARP, the number of PAPs by category, the status of compensation payment and relocation and income restoration for each category; the amount of funds allocated for


62

operations or for compensation and the amount of funds disbursed for each; the eventual outcome of complaints and grievances and any outstanding issues requiring assistance; the action taken to address the complaints, implementation problems and revised actual resettlement implementation schedule. Guidelines for the internal monitoring are included in Annex VI

4.1.6.2. External Monitoring

In accordance with WB requirements for consultant procurement, the implementing agency will hire an organization for the independent monitoring and evaluation of RAP implementation. The organization will 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 (REA), � Adequacy of compensation, development and transitional assistance techniques provided to the PAPs, � Ability to reach the most vulnerable PAPs, � Consultation and public disclosure of the RAP, � Effectiveness of the grievance redresses mechanism, Table 14 below provides a list of some verifiable indicators for monitoring and evaluating the implementation of RAPs Table 14: Verifiable Indicators for Monitoring and Evaluation Implementation of RAPs

Monitoring Evaluation Percentage of individuals selecting cash or a combination of cash and in-kind compensation

Proposed use of payments

Payment of compensation to PAPs in various categories

Conformance to compensation policies described in the RAP

Number of grievances Timeliness and quality of decisions made on grievances

Delivery of technical assistance, relocation, payment of transitional subsistence and moving allowances

Facilitation of access to technical and development assistance and transitional allowances

Delivery of income restoration and development assistance

Ability of individuals and households to re-store sources of income

Public information dissemination and consultation procedures

Timeliness, quality, and effectiveness of consultation and information disclosure

Completion dates of the RAP activities Actual completion of resettlement activities compared with the RAP time schedule


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Budget and Sources of Funding RAP ARP 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 socioeconomic survey on the estimated number of PAPs that are likely to be affected by the subprojects and the quantity and types of affected assets. The consultant in charge of the RAP/ ARP preparation shall consider that the budget should include all of the anticipated impacts under the sub-project and calculate the cost (compensation, administrative costs and monitoring, support assistance …. etc) according to actual replacement costs (at market value). REA should be responsible for any compensation for land acquisition as well as any capacity building activities done as part of the RAP/ARP process. The contractors should be responsible for any compensation associated with any damage to assets during the construction phase. This should be clearly stated in the contracts. The exact implementation plan of the project has not been prepared yet. It is very difficult to estimate the requirements and sources for a budget associated with the implementation of the OP 4.12 if triggered at the stage of preparing the RPF.

Figure 1 below visualize the RAP/ARP process along the project cycle and Tables from 15 to 18 below defines the institutional responsibilities across the different phases of the project in case RAP/ARP is triggered.


64

Figure 1: RAP/ARP Process During the Project Cycle

(4)P M

E

(3)Project Implementation

(2)Project Appraisal /

Approval

(1)Project Identification /

Preparation

ProjectCycle

⇒ Review RAP/ARP

� Approve RAP/ARP

⇒ Form and build the capacities ofLRC/CRC

⇒ Sign Compensation contracts⇒ Pay Compensations

⇒ Establish grievance mechanism

⇒ Internal monitoring forResettlement activities and

RAP/ARP Process⇒ External monitoring for Resettlement

activities and RAP/ARP Process

� Screening˜(land surveying andplanning)

�

� Socioeconomic survey

� Prepare RAP/ARP


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Institutional Responsibilities for the RAP/ARP implementation Table 15: Institutional Responsibilities during the screening phase Project Phase

Institutions involved Role

Governorate/local Council

��Conduct introductory meetings to inform communities about the project and the prepared RPF and details about the project

Consultant

��Carry out the land surveying, study alternative, conduct and document the initial consultation with affected communities, recommendations on the need for RAP/ ARP.

��Provide census on people likely to be affected, their legal status, specific entitlements and compensations or other remedial actions to be taken

��The assignment of executing roles and responsible agencies

PMU

��Hire the consultant

��Provide information needed

�� Notify WB with the consultant findings

��Supervise/Facilitate the process

��Documentation and Disseminate

REA ��Provide information needed


��Documentation and Disseminate

�� Inform communities about the project and the prepared RPF and details about the project

Scre

enin

g

WB ��Screen findings and advise on the need for full (RAP) or Abbreviated Resettlement Action Plan (ARP) and whether or not other remedial actions need to be taken.


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Table 16: Institutional Responsibilities during the plan preparation phase

Project Phase

Institutions involved

Role

Consultant Prepare the RAP/ARP with all the required design criteria14 (maps, socio economic study, time frames, site selection, organizational responsibilities, financial arrangements and compensation costing, grievance procedures , PAP consultation arrangements and monitoring indicators)

PMU ��Provide information needed


��Send the prepared RAP/ARP to the WB for approval

REA ��Provide information needed


Other concerned Ministries/ NGOs/

donors

��Coordinate for the provision of supporting facilities/loans/ employment/capacity building programs…etc based on the PAPs needs

Pla

n P

repa

rati

on (

RA

P/A

RP

)

Estimation Committees (EC)

��Valuating the assets that will be affected

�� Participate in consulting PAPs

14 Details about the items of RAP/ARP are included under section 4.1.3


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Table 17: Institutional Responsibilities during the appraisal and approval phase

Project Phase


PMU Part of the appraisal committees who review the prepared RAP/ARP

REA Part of the appraisal committees who review the prepared RAP/ARP

Other relevant institutions (e.g.

GOLSUP)

Part of the appraisal committees who review the prepared RAP/ARP

Pro

ject

App

rais

al

and

App

rova

l

WB Approve the plan prior to the execution of sub – projects or expropriation activities.


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Table 18: Institutional Responsibilities during the implementation phase

Project Phase


Governorate and local Council

��Ensure the access of communities and PAP to the prepared RAP/ARP (disclosure)

��Assist in the selection of representatives of LRC on the district level

Impl

emen

tati

on

Consultant

Capacity building consultant Prepare training materials and provide the training to LRC member on legislative issues related to resettlement as (particularly OP4.12) well as methods for engaging and consulting stakeholders (particularly PAPs) and monitoring techniques, and evaluate the training outcome.

External Monitoring Consultant ��To verify that Project activities have been effectively completed with respect to quantity, quality and timeliness; ��To assess whether and how well these activities are achieving the stated goals and purpose of the Project

��Design monitoring tools

��Carry out all the field surveys, investigation activities and stakeholders consultations as part of the monitoring process

��Review prepared monthly and quarterly monitoring reports and other secondary data


69

PMU

��Documentation and Disseminate for the ARP/RAP in Arabic

��Prepare the LRC ToRs

��Follow up the formation of LRC and coordinate with the local authorities

��Participate in building the capacities of LRC

��Supervise the meetings arranged by REA with PAPs. ��Oversee/Monitor the progress in resettlement preparation and implementation through reviewing regular progress reports from the LRC.

��Keep records, documentation and ensure data compilation in a way that facilities the task of the external monitoring the process as part of the monitoring activities (e.g. grievance process and action taken)

��Provide technical assistance needed for both REA and other local entities involved in the monitoring (e.g. local committees)

��Develop quarter monitoring reports and submit to the WB and accommodate comments and feedbacks in coordination with other concerned entities

��Participate in preparing the external monitoring consultant ToR according to the WB standards

��Provide supportive data to the external monitoring consultant

��Review the external monitoring report


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REA

��Documentation and Disseminate for the ARP/RAP in Arabic

��Prepare the LRC ToRs

��Follow up the formation of LRC and coordinate with the local authorities

��Building the capacities of LRC

��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.

��Formally inform PAPs through written or verbal notification about the compensations they are entitled to.

��Sign contracts with PAPs 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.

��Responsible on funding the resettlement activities (compensations, development assistance, capacity building …etc)

�� Participate in responding to the grievance and work towards solving related issues

��Gathering monthly data on the resettlement process from the LRC

�� Prepare a monitoring and evaluation database

��Oversee the work of the LRC and their responses to PAPs’ grievances and ensure meeting timeframe

�� Participate in solving conflicts and problems that might emerge during monitoring

�� Participate in preparing the external monitoring consultant ToR according to the WB standards

�� Provide supportive data to the external monitoring consultant

WB ��Hire the external monitoring consultant

��Review Monitoring reports and send feedbacks

CRC

��Coordinate with and assist LRC in sorting out grievances particularly those disputes which could not be solved at the local level. The CRC should collaborate with REA and other relevant organizations in solving these disputes

��Assist the external monitoring consultant in his/her field work and in gathering secondary data needed.


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LRC

��Receive grievances

��Respond to the received grievances

��Ensure proper documentation for the grievance and the action taken

��Discuss complicated grievance with the CRC

��Regularly report to REA on the different issues related to the resettlement process (e.g. grievance, vulnerability issues and vulnerable groups consultation)

Village authorities

��Witness on the verbal or written notifications provided to PAPs

��Witness signing the compensation contracts

��Coordinate with and assist LRC in sorting out grievances


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CHAPTER FIVE: IMPORTANT CONSIDERATIONS IN THE IMPLEMENTATION OF RAP/ARP

Measures to PAPs consultation and participation The Yemeni Constitution, Elections Law and Local Administration Law recognize the importance of public participation. However, the process of community participation is not institutionalized and consequently its implementation is challenged by the absence of commitment, capacities and procedures. The PAPs participation throughout the various stages of planning and implementation of the RAP/ARP is seen as crucial for its success. The effectiveness of any resettlement program is largely dependent upon the participation and feedback from various stakeholders (persons affected negatively or positively by the project) throughout all stages of the project cycle. Hence, public consultations using different PRA from the very early stages (preparation phase) are essential steps in order to: ��Help to identify the project predicted impacts and the affected individuals,

households, and communities (especially the most vulnerable groups) ��Engage PAPs and different community sectors including the poorest and most

vulnerable. ��disseminate concepts for proposed project activities with a view to provoking

project interest amongst the communities, ��Promote sense of ownership for the project and resettlement activities, ��Invite contributions and participation on the selection of project sites, ��Allow for the collection of more accurate data for the socio-economic survey ��Make the delivery of entitlement and services more transparent ��Reduce the potential for conflicts and minimize the risk of sub-project delays ��Support the formulation and design of resettlement programs and rehabilitation

measures that meets the needs and priorities of the affected people As could be noticed from Figure 2 below, PAPs consultation and participation should be considered during the different phases of the projects through the integration of different activities Prior to the preparation of RAP/ARP, there will be adequate consultation and involvement of the local communities and the affected persons. Specifically, the PAPs will be informed about the intentions to use the earmarked sites for the project activities, facilities and structures. The PAPs will be informed of the provision of the Policy Framework at public meetings at local and governorate level: a) Entitlement and rehabilitation choices as outlined in RPF, b) their options and rights pertaining to resettlement and compensation, c) specific technically and economically feasible options and alternatives for

resettlement sites, d) process of and proposed dates for resettlement and compensation, e) effective compensation rates at full replacement cost for loss of assets and

services, and proposed measures and costs to maintain or improve their living standards.


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Following the preliminary introductory meeting, the PAPs will be again consulted during the process of conducting the socio-economic survey where they will be interviewed and asked to present their ideas, concerns, and preferences on issue regarding land acquisition and replacement, resettlement sites, compensation, and income restoration measures. PAPs should also be involved in the actual formulation of different options for the RAP. Figure 2: PAPs Consultation and Participation in the RAP/ARP Along the Project Cycle

(4) P M

E

(3) Project

Implementation (2)

Project Appraisal / Approval

(1) Project Identification

/ Preparation

Project Cycle

� Communities (PAPs) are

informed bout the approved

RAP/ARP

⇒ PAP will be part of the

compensation contracts ⇒ PAPs will be given the chance to

express grievance and redress

⇒ Ensure PAPs views and concerns are concerned

� Participate in evaluating the RAP/ARP process by

being consulted

⇒ Participate in the introductory meetings

⇒ Informed about the project and RPF

� Consulted During the socioeconomic survey and spell out fears,


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Disclosure In addition to the consultation process, and in accordance with World Bank’s Public Consultation and Information Disclosure Policy OP 17.50, the finalized RAP shall be publicly disclosed to all PAPs and other relevant stakeholders in a meeting and should be made available locally in Arabic before the start of any expropriation activities. The stakeholders’ points of views will be taken into consideration upon the actual implementation of the RAP. The PAPs will gave a chance to express their concerns with the implementation of the RAP through the grievances and redress mechanism mentioned above. It will be amongst the main objectives of the monitoring and evaluation phase to ascertain that the PAPs complaints have been addressed and that they have been informed about the organizational procedures for resettlement throughout the entire process.

Capacity Building Needs for the Implementation of RAP ARP Capacity building is seen as a major and important guarantee for the efficient implementation of the RAP/ARP. As mentioned above many institutions already have a stake in the process (e.g. the General organization of Lands Survey and Urban Planning, the Office of Public Works and Roads, Local Councils). Other mechanisms/community models (e.g. LRC) either already exist or will be introduced /encouraged to participate in order to implement the RAP/ARP (LRCs, NGOs, Cooperatives …etc). 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. The project can help assist with this through the PMU which will be properly staffed with skilled personnel who will receive any additional training needed. Thus, PMU is expected to play a significant role in the capacity building of the different institutions. The capacity building needs are expected to go beyond training on the different subjects. Needs for Institutional support might emerge. Moreover, the lack of funds and other offices facilities are expected to appear as challenges that hinder their abilities to fulfill their designated tasks. Coordination gaps might also appear as an issue that results in duplication of effort and consuming of time. Coordination mechanisms need to be established (e.g., CRC) to play the role of an umbrella for the LRCs and assist in coordination among different concerned organizations. Training on different relevant subjects is also essential to enable them to implement the RAP/ARP. It is recommended for the training programmes 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 part

of all the phases of the RAP/ARP. Although both the modules are seen to be relevant to different institutions, it is recommended for the LRCs, community leaders, NGOs or Cooperative who might be


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engaged in the resettlement process to get in-depth focus on the second module as it will be very linked to their practical application. The following topics were identified for training of the concerned organizations: RPF relate issues �� Yemeni legislations related to involuntary resettlement �� WB OP4.12 (PAPs, eligibility criteria, assets valuation, compensation,

entitlements) �� The gaps between Yemeni legislations and WB safeguard policy and activities to

fill in those gaps Methods for engaging and consulting stakeholders (particularly PAPs) ��Community participation tools (PRAs tools, Social Assessment, surveys, etc) ��Developing social mitigation measures ��Communication skills ��Dispute resolution ��Community mobilization ��Awareness raising techniques ��Monitoring and evaluation (tools and techniques) ��IT training (word processing, data analysis and Internet) ��Documentation and Report writing


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References Yemen Constitution http://www.amanjordan.org/laws/yemen/c2yemen.htm http://www.legal-affairs.gov.ye/ar/view_dos.asp

Republic of Yemen, Country Social Analysis, Water, Environment, Social and Rural Development Department, Middle East and North Africa Region, World Bank, January 2006 Resettlement Policy Framework for the Water Sector Support Program (WSSP) (revises) , CES India Pvt Ltd, October, 2008 Ministry of Electricity, Public Electricity Corporation (PEC), Power Sector Support Project (PSSP), Final Revised Resettlement Policy Framework ( RPF ), Sana’a, August 2005

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 Final Resettlement Policy Framework, Vietnam Northern Transmission Project, Asian Development Bank , JUNE 2004 Final Resettlement Action Plan, Vietnam Northern Transmission Project, Asian Development Bank , JUNE 2004 Resettlement Policy Framework for Greater Cairo Natural Gas Connections Project, Arab Republic of Egypt, Egyptian Natural Gas Holding Company, EcoConServ, November, 2007 Resettlement Policy Framework for Integrated Sanitation and Sewage Infrastructure Project (ISSIP) , Arab Republic of Egypt, Holding Company for Water and Wastewater, EcoConServ, October, 2007 Nepal: Preparation of National Resettlement Policy Framework, Asian development Bank, October 2006 Business Models and Financial Schemes for the Solar Home System Program of the National Rural Electrification Strategy in Yemen, Micro Energy International, 2007 Country Assistance Strategy for the Republic of Yemen for the Period FY2006 – FY2009, World Bank, 2006 Country Profile: Yemen, Library of Congress – Federal Research Division, August 2008


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Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, Safeguard policies Sector, Egypt, June 2006 Establishing the Rural Electrification Authority and Rural Electric Service Providers: Amendments to Legal & Regulatory Policy and Proposed Draft Legislation, USTDA Yemen Rural Electrification, Technical Assistance Project, June 2008 National Rural Electrification Strategy for Yemen, Phase I Final Report, Volume II, NRECA International, October 2006 National Rural Electrification Strategy for Yemen: Phase III Pilot Project Final Report, Volume I, NRECA International, October 2006 National Rural Electrification Strategy for Yemen: Phase I Final Report, Volume I, NRECA International, September, 2007 Poverty Reduction Strategy Paper (PRSP), World Bank, 2002 Project Information Document, World Bank, 2007 Renewable Energy Strategy and Action Plan, Lahmeyer International, June 2008 Renewable Energy Strategy and Action Plan, Task 2: Renewable Energy Development Strategy: Discussion Paper, Lahmeyer International, August 2006 SFD Presentations on Supporting NGOs, 2006 and SFD interventions with Fisheries Cooperatives and NGOs, 2008 Yemeni legislations related to resettlement and land acquisitions Yemen Poverty Assessment, The Government of Yemen, The World Bank, The United Nations Development Program, November, 2007

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