TRAINING MATERIALS FOR LAND ACQUISITION AND RESETTLEMENT PLAN PREPARATION AYSE KUDAT

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

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

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

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

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

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

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

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

9. Restitution oflost Income is the most Important factor in a Resettlement Action Plan

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

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

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

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

14. In Georgia joint construction of oil and gas pipelines cause greater economic dislocation: • Average land size holding is very low (0.2 - 0.3 ha) • Average compensation is $2,000 • Average annual household income is lower than $1500

15. Many households in the Georgia portion of BTC lose all or majority of their lands… Private Plots (ha) 600 500 400 Plot size (ha) 300 200 100 Total Land size Land that is directly impacted from the project 0 Land size within 44 meters corridor Land size within 32 meters corridor Adigeni Borjomi Akhaltsikhe Tsalka Gardabani* Tetritskaro Cities Source: GIS Survey, BTC Georgia, 2002.

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

17. In Georgia overall 27% of the households lost at least half of their total land holdings. Source: GIS Survey, BTC Georgia, 2002.

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

19. THE ILISU DAM Dam type : Zoned rockfill with clay core Dam height above foundation : 135 m Reservoir area :313 km2 Active dam reservoir volume : 7.5 x 109 m3 Installed capacity :1200 MW Power :3833 GWh/yr

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

21.     Inhabited 37 Inhabited 26 Inhabited 18 Inhabited 16 Large number of settlements are affected by the dam A total of 183 settlements impacted Partially affected Fully affected 104 79 1 Town Hasankeyf 29 Village 49 Hamlet 57 Village 47 Hamlet Vacant 21 Vacant 13 Vacant 31 Vacant 20

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

23. Many resettlement projects leave people unemployed For example around the Ilısu Dam40% of the households are agricultural wage earners. They would have lost their jobs if the dam was built

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

25. Type of affected land: Case of BTC/Turkey Private Owners Private User Public Owners Local Authority Registered Not Registered State Authority Squatters on Public & Private Lands Tenant Farmers Users of common property Resources

26. Type of affected land: Case of BTC/Turkey Public Owners Private Owners Private User Local Authority State Authority Title deed registered Title deed and land registration system not available Tenant Farmers Other common areas Grazing Lands Users of common property Resources Pastures Squatters on Public & Private Lands Treasury Lands Forest Lands

27. Type ofaffected land: Case of BTC/Turkey Public Owners Local Authority State Authority Other common areas Irrigation network Grazing Lands Water resources Treasury Lands Pastures Forest Lands Village specific network Inter village networks Village common lands Lakes and other fresh water resources Vacant treasury lands Lands used by squatters Demarcated for the use of individual households Under use by private persons Forest lands collectively used River banks 2B

28. Type of affected land: Case of BTC/Turkey Owners of land in displaced communities Private Owners Title deed registered Title deed and land registration system not available Deed in the name of a deceased person Clean deed with one owner Clean deed with joint owners All users of land are in the community Some heirs in the community All heirs in the community Land used for less than 20 years (displaced populations) Land used for 20 continuous years Some owners in the community All owners in the community Users outside the community have claims Joint rights are not demarcated Joint rights are demarcated

29. Private Land Users: BTC/Turkey Private Users Users of common property Resources Tenant Farmers Squatters on Public & Private Lands With formal arrangement Squatters on Public lands Squatters on private lands Informal tenant arrangement Tenant with infrastructure investment on land

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

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

32. Providing housing to the homeless BP-Tangguh RAP

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

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

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

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

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

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

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

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

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

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

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

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

45. İller Toplam Toplam Toplam İllerdeki Toplam Toplam Etkilenen Dolaysız Dolaysız Köy Köy Köy Kent Kent Kent Yerleşim Etkilenen etkilenen Sayısı Nüfusu 2000 Nüfusu Alanı Nüfusu 2000 Nüfusu 1997 Yerleri Nüfus Nüfus 2000 1997 Ardahan 243 94,031 98,534 6 39,725 34,779 28 30,554 29,386 Kars 385 182,871 182,495 8 142,145 138,546 24 13,226 12,444 Erzurum 1,052 376,838 374,390 19 560,551 515,704 66 56,009 61,315 Erzincan 560 144,635 123,287 9 172,206 156,548 37 35,628 29,738 Gümüşhane 336 109,383 93,125 6 77,570 64,672 5 1,068 1,070 Sivas 1,267 333,287 317,177 17 421,804 390,468 46 22,634 22,190 Kayseri 486 328,078 299,021 17 732,354 679,906 29 12,472 13,683 K.Maraş 529 466,377 469,265 10 536,007 555,976 32 63,107 61,736 O smaniye 170 146,788 144,212 7 311,994 297,335 13 10,089 9,884 Adana 547 451,625 418,515 14 1,397,853 1,270,640 13 16,036 13,992 TOTAL 5,575 2,633,913 2,520,021 113 4,392,209 4,104,574 293 260,823 255,438 Source: BTC, and State Institute of Statistics 2002 BTC / Turkey affected population

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

47. Affected private parcels - 8m ve 28m corridor 400 300 Area (Ha) 200 8m. 100 28m. 0 KARS SIVAS ADANA KAYSERI K.MARAS ARDAHAN ERZURUM ERZINCAN OSMANIYE GUMUSHANE

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

49. Lessons learned from the socio-economic survey about the affected population of BTC / TurkeyProject

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