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Involuntary Resettlement 0P 4.12: Financial Intermediaries and Resettlement Planning Instruments A Resettlement Overview  What does OP 4.12 require financial intermediaries to do?  What are the purposes of resettlement planning?  What specific and recurring issues require attention in Turkey projects?  What is a Resettlement Action Plan (RAP) and what does it require?  What is a Resettlement Policy Framework (RPF) and what does it require? Role of Financial Intermediaries  Prepare and agree a Resettlement Policy Framework with the Bank  Screen all proposed on-lending activities for land acquisition and associated resettlement impacts  If RPF deemed unnecessary, legal documents require compliance if impacts should arise  For all subprojects involving relevant impacts, Bank approval of a resettlement plan required before accepted for financing Delegation of Clearance to FIs  Bank may delegate in writing authority to review and clear resettlement plans to FIs  Requires demonstrated capacity to review plans and ensure policy consistency in implementation  Legal documents establish delegation, as well as Bank recourse if review process is inadequate  Bank Provide arrangements and resources for implementation of mitigation measures  Resettlement plans subject to ex-post Bank review  Implementation subject to Bank supervision Key Planning Objectives  Identify adverse impacts for avoidance, minimization or mitigation  Assist affected people to improve, or at least restore, incomes and living standards  Provide arrangements and resources for implementation of mitigation measures  Mitigating risks for affected people helps minimize risks to borrower and Bank, too Key Planning Considerations      Resettlement planning and implementation is the borrower’s responsibility But plans and implementation must be consistent with Bank principles and standards Implementers and affected people should be involved in planning process Compensation and other necessary assistance provided before impacts are imposed Financial intermediary must coordinate planning and implementation Likely FI Coordination Issues  Making sure subclients are aware of, and understand, requirements for Bank financing  Reaching agreement to change normal procedures or provide additional assistance  Prepare stand-alone resettlement plans consistent with Bank requirements  Ensure appropriate timing and sequencing of planning and implementation  Ensure appropriate documentation and reporting Recurring Issues in Turkey Projects  Defining the project: Sequencing and “linkage” in application of Bank policy  Bridging the eligibility gap: Assisting people who lack full legal recognition  Covering all costs: ‘Replacement cost’ valuation, transaction costs and transitional support  Going beyond compensation: Income restoration and development opportunities  Ensuring adequate consultation under emergency expropriation procedures Resettlement Policy Framework  RPF establishes principles, procedures and responsibilities for planning and implementation  Prepared when it is impossible to finalize a project or subproject RAP by appraisal  Technical planning cannot be done if location, nature and scale of impacts are not known  Bank acceptance of RAP required prior to ‘approval of financing’ and initiation of works  RPF should establish due diligence reporting requirement for sites already acquired Core Content of RPF  Description of project and estimated impacts  Explanation why full planning is not possible  Key principles and objectives  Policy and regulatory gap analysis  Plan preparation and approval process  Organizational roles and procedures  Consultation, disclosure and grievance redress commitments Recurring RPF Transition Issues  RPF should be prepared by borrower, to show understanding and acceptance of obligations  RPF provides tentative agreement; RAP reviewed and approved based on final design  RPF should reflect level of information available at appraisal stage  Planning or implementation issues often arise if borrower ownership or coordination is weak  In FI projects, implementation issues arise if subclients do not know or accept requirements Resettlement Action Plan  Provides an institutional and technical basis for identifying and mitigating resettlement impacts  Scope of planning should be commensurate with scale and complexity of impacts: Planning requirements are more extensive when relatively large numbers of people are affected, when incomes and livelihoods are affected, or when planning for resettlement sites is necessary An abbreviated resettlement plan is acceptable when less than 200 people are affected, when there is no need for income restoration, and when resettlement sites are not necessary  Bank acceptance of the RAP is required prior to subproject approval for financing RAP: Institutional Aspects  Policy and regulatory gap analysis  Timetable linked to project implementation  Organizational roles and capacity assessment  Internal and external monitoring arrangements  Consultation and information dissemination  Grievance procedures RAP: Technical Content  Description of project and impacts  Impact avoidance and minimization efforts  Identification of affected persons and impacts  Valuation, compensation and assistance measures  Relocation site plan (if relevant)  Income restoration plan (if relevant)  Budget and financial arrangements Conducting Census and Inventory     100% census is essential for identifying and enumerating all affected people Inventory of affected assets essential to categorization of impacts and formulation of assistance Income-related impacts and other potential socioeconomic issues can be considered on sample survey basis Full and timely data gathering is key to establishing eligibility, budgeting, monitoring and resolution of grievances Recurring Practical Problems  RAP inputs and processes are more timeintensive than usual domestic practice  Consultation and information disclosure requirements may be more extensive  Clarifying responsibilities and inter-agency coordination can be difficult  Different Bank measures and procedures bureaucratically difficult to implement  Bridging gaps: borrower often lacks authority to go beyond existing regulations or practice  Monitoring and adapting to contingencies