The implementation of investments, land acquisition, the loss of land, or the loss of common property and resources of local communities may create and strengthen inequalities, cause social exclusion, and result in permanent environmental damage. Therefore, the following principles are followed in the design and implementation of the OVFMP in order to protect people directly affected by the Project:
- Land acquisition and involuntary resettlement will be minimized or avoided where possible. Where permanent land acquisition is unavoidable, the procedures and requirements outlined in the Resettlement Policy Framework (RFP) will be followed to prepare Land Acquisition and Resettlement Action Plans (RAPs) which relate to mitigation of land acquisition impacts on affected parties.
- The land acquisition procedures will ensure that the livelihood and living conditions of project-affected people are improved or at least restored to pre-project levels.
- All project affected persons (PAPs) will be meaningfully consulted as well as will have an opportunity to actively and effectively participate in the process of development of the Project and access to grievance redress mechanisms. Consultations should consider all social issues (also gender related) and take into account the needs of stakeholders who may be considered vulnerable.
- Implementation of effective grievance redress procedures for PAPs and provision of access to legal, fair and accessible appeal proceedings before an independent authority or court without intentional delay, if enforced.
- All cases of land acquisition and resettlement, either permanent or temporary, will undergo procedures based on local regulations and the WB’s OP 4.12 in accordance with the RPF and will be detailed in a site-specific RAP. RAPs must be consistent with the RPF.
- A RAP will relate to permanent land acquisition or temporary land use as well as to permanent or temporary restrictions on the use of a property, in particular resulting in the loss of business income (permanent or temporary) or worse standards of living.
- The implementation of a RAP will be monitored and documented, whereas after its completion it will be evaluated.
- The process of social participation and protective and mitigation measures will be carried out in accordance with fair treatment regardless of age, sex or disability of affected people. Particular attention will be paid to the households of vulnerable groups.
- Resettlement plans and land acquisition are designed and implemented as an integral part of the Project. All costs associated with the need to plan and implement compensatory measures will be included in the budget and the Project’s benefits.
- Compensation for economically affected people due to the Project, in particular expropriated persons, should be paid prior to starting construction works on any expropriated property.
- A priority is given to “land for land” compensation in the form of allocation of alternative land of equivalent productive potential, if the investor is able to provide such land.
- Cash compensation will be used in cases where land acquisition has no impact on the possibility of using land for its former purposes as well as in cases where an affected person expresses their will to receive cash compensation.
- In case of temporarily used properties, after the completion of works they will be restored to their original pre-construction condition to enable their owners or users to use these properties in the way as they used them before the implementation of the Project.
- All PAPs, without regard to the legal status of a property, will receive support of various kinds, as per the principles set out in the Entitlement Matrix included in the RPF. Lack of legal title should not be a bar to compensation and/or rehabilitation. Detailed procedures of land acquisition, social participation and protective, preventive, compensatory and mitigation measures will be established in the RAP.
