IDC works with surveyors and valuers to ensure that the international safeguards are met. We ensure the census captures all those living or using the land, regardless of status or gender and that replacement value compensation is provided.
Challenge
Most countries have various Land Acts and policies describing how compulsory land acquisition should be carried out, but often policy is different from practice and often they do not meet international safeguards. The differences occur in who, what and how they are valued. This is especially so with regards to:
- Current ‘market’ and ‘replacement’ value;
- Valuation schedules in the ‘head of the household’ name, rather than the owner;
- No special provisions for loss of livelihoods, loss of access or support for the most vulnerable.
Solution
IDC has 3 solutions:
- IDC has facilitated various workshops with the key Ministries Departments and Agencies (MDAs). This includes sharing the rationale behind the international safeguards, working and negotiating with both the government and the client to ensure the required IFI provisions are integrated into the RAP to reach a timely financial close.
- IDC has carried out specific training for Ministry of Lands in several countries including Tanzania to assist field data collation using an IDC developed programme to capture assets and has re-designed Valuation Schedule Books for user-friendly sign off and implementation.
- IDC provides gender sensitivity training for surveyors and valuers before they go out to the field.
Following the census, IDC undertakes a baseline study to capture socio-economic, health and cultural information to help inform us of the key stakeholders, those economically and physically affected by the resettlement or loss of access to natural resources, public services or markets. approach to livelihoods and vulnerable peoples support and eventually enable monitoring and evaluation of those affected post resettlement.
Challenge
The baseline achieves two things:
Firstly, it enables an understanding of the potential impact on individual households and communities so that appropriate provisions under the international safeguards can be developed with project-affected peoples (PAPs).
Secondly, it serves as a measure to ascertain whether the RAP has been successful; that the people are no worse off and in fact, it has actually improved lives and livelihoods.
The challenge often is that both PAPs and Government are unaware of the necessity of the baseline and presume they will be just paid cash after the census.
Solution
- As part of IDC’s standard practice on fulfilling national guidelines and protocols, the RAP process of compensation initially on entering communities.
- IDC undertakes socio-economic studies to understand impacts on lives and livelihoods as well as ascertain PAPs hopes and concerns.
- IDC uses participatory processes to develop innovative solutions with PAPs to ensure they are better off than on before. This manages expectations, ensures cooperation in the process and buy-in to the more unfamiliar in-kind compensation options.
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IDC facilitates the implementation of RAPs to ensure that cash compensation is paid, in-kind options are provided, capacity audits of potential service providers are undertaken, the process is captured and any grievances are resolved.
Challenge
Once the agreement to resettle has been made, PAPs are anxious to resettle and the client is anxious to start working on the land. However, to ensure the principles of an IFC compliant RAP goes ahead, many things have to be put in place to ultimately ensure the RAP fulfils the agreement, which can take time.
Solution
IDC pre-empts the issues and during the RAP development stage, each service provider has already been identified, a capacity audit undertaken and the precise details and agreements are in place. This includes: bank accounts are set up, financial training is ready to start, the livelihood enhancements, the replacement land and the design and build elements are all in place. All wordings of service supply contracts, land tenure, roles and responsibilities and support mechanisms have been agreed by all parties. This mitigates that delays and all parties are satisfied with the expedient way implementation is carried out.
IDC Stakeholder consultation is the corner stone of resettlement. IDC works closely with individuals, households and communities to develop participatory solutions to ensure resettlement maximises the opportunities to improve lives and livelihoods, as well as to support the most vulnerable. Beyond interviews with PAPs, focus group discussions with key informants, IDC undertakes participatory cultural, natural resource, use and infrastructure mapping.
Challenge
The role of the RAP consultant is to provide a compensation framework using the generic safeguards provided by the international financial institutions (IFIs) that is ‘fit for purpose’ within the socio-economic cultural context. The framework should have the flexibility to implement similar provisions from one village to the next, and yet create bespoke compensation packages within it to address the cultural socio-economic differences.
Solution
IDC believes that consulting with PAPs and listening to their suggestions to minimise impacts achieves the best results, especially when they help design the programmes. If replacement land is also being offered in an alternative location within the village, PAPs are best placed to recommend where they go and this can be organised by the village land committees so they can be assured security of tenure.
In some cases, issues arise that need negotiated settlements and additional measures to offset previous resettlements that have been poorly designed or inadequately implemented. IDC works with both the Project Affected Peoples (PAPs) and Project to address the issues and settle disputes.
Challenge
Conflicts in resettlement come in many shapes and forms. The challenge is to be responsive in the most culturally appropriate way.
Solution
Issues to be handled at the community level can include: intra-village level lands disputes, immovable not being valued at all, the wrong person being valued, the male head of the household assigned assets of various wives and issues associate with a PAP being deceased by the time of the provision of compensation.
Inter-community land issues, especially where there is no village land use plan, needs to be handled by the District or Local Government Authorities (LGAs).
Conflict over compensation values, are by applying IFC Performance Standards (PS5) ‘replacement’, rather than ‘current market’ value. This has to be negotiated with government prior to undertaking the valuations. Experience has shown that if structured carefully (using in-kind compensation as opposed to cash), as long as this does not set unsustainable precedents with Government, they will agree.
IDC undertakes independent audits on RAPs and all related interventions to ensure that the Project Affected Peoples (PAPS) are no worse off after resettlement and that lives and livelihoods have improved; making recommendations to address any issues arising.
Challenge
There are multi levels of M&E carried out during the RAP process including PAPs resettlement consultants the client and Government. The financial institutions also require M&E at each drawdown of funds by the client to ensure that what was planned has actually been carried out.
IDC undertakes the independent M&E audits to safeguard the banks. IDC has faced several incidences where the RAP have not been implemented as planned and as a result, people are worse off than before. It can be a difficult decision to actually recommend that the banks do not release further funds and to stop a Project midway, as in its own right it can ‘do more harm than good’.
Solution
Before submitting a non-compliant report, IDC works with the developer to create awareness of the issues and the negative impacts of late or poor implementation. Working with the client, a road map is put together to address the issues, with time and costs associated with the mitigation measures required. The non-compliance report is then submitted with the mitigation plan. Invariably the bank accepts the plan, thereby keeping the project alive whilst retaining the safeguards.