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OPERATIONAL POLICY 0P 4.12 INVOLUNTARY RESETTLEMENT Radhika Srinivasan, ECSSD. Outline of the Presentation. Triggers of the Policy Objectives Scope and Coverage Required Resettlement Measures Eligibility Criteria Resettlement Planning Instruments Bank and Borrower Roles.
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Radhika Srinivasan, ECSSD
OP/BP 4.12 is triggered when a Bank investment causes
Consult affected persons meaningfully and provide opportunities to participate in planning and implementing resettlement programs
Assist affected persons in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levelsPOLICY OBJECTIVES
OP 4.12 applies to
Provide prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project
Provide resettlement assistance for vulnerable affected peopleMITIGATION MEASURES
The borrower carries out a census to identify those affected and eligible for assistance:
1. Those who have formal legal rights to land [compensation]
2. Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets [compensation]
3. Those who have no recognizable legal right or claim to the land that they are occupying [resettlement assistance]
* Or Land Acquisition (Action) Plan
The resettlement instrument is included in the Legal Agreement between the Bank and the Borrower
Prepare the Resettlement Instrument (Framework or Plan)
Consult project affected persons
Disclose the draft instrument as condition of project appraisal
Disclose the instrument again after it is finalized
Implement and monitor the Resettlement Plan
Final evaluation of the Plan
Provide advice during the preparation of the instruments
Review and approve the Plan or Framework before appraisal
Disclose draft instrument at the Infoshop
Disclose final instrument again at the Infoshop
Supervise regularly the implementation of the Plan
Include Resettlement Results in the ICRRESPONSIBILITIES
Specific impacts relating to land take not known in advance
Agreement between the Borrower and the WB: involuntary land expropriation, will comply with national laws relating to land expropriation and World Bank Operational Policy (OP) 4.12 on Involuntary Resettlement.
Underlying principle: avoid/ minimize adverse impacts