Land Acquisition and Resettlement - Mining and the Environment: From Ore to Metal - page 602

Land compensation and resettlement policies of host countries are in many cases absent;
in others they vary widely. Multi-national companies therefore commonly refer to global
guidance frameworks such as the directives of the World Bank (1990; 2001a,b) ( Table 14.4 )
or the ADB (1998).
Resettlement is a management process with three phases: planning, execution and mon-
itoring/evaluation. Planning is often documented in a land acquisition and resettlement
action plan (LARAP), sometimes referred to as resettlement action plan (RAP) or simply
resettlement plan (RP). The World Commission on Dams guideline (WCD 2000) calls the
planning document 'mitigation, resettlement, and development action plan' (MRDAP).
Compliance with the Equator Principles requires preparation of a formal LARAP for
Category A and B projects that involve land acquisition and displacement of individuals
and communities. The LARAP should keep the community in mind, not the individual.
The LARAP complements the environmental impact assessment, and has close links to
the environmental mitigation and monitoring plans to be implemented during project
implementation and operation. Table 14.4 summarizes the key planning concepts to be
taken into account when developing a LARAP.
Appendix 14.1 to this chapter presents an example outline of a full land acquisition and
resettlement plan. The level of detail of each LARAP will vary according to the specii c cir-
cumstances of a given mining project. Best resettlement practice (Goodland 2004) calls for:
●

The LARAP should keep the
community in mind, not the
individual.

Full disclosure and informed prior consent (IFC PS 1 and 5). Essentially, this means
that resettlement must be voluntary.

●

Using resettlement needs as an opportunity to improve the livelihood of displaced
people by compensating fully and promptly at a minimum the full replacement value
for all tangible assets, any decrease in use rights, including access to common property
resources and other intangible losses.

TABLE 14.4
Key planning concepts for developing a land acquisition and resettlement plan

● Policy framework - Do national policies and guidelines exist and are they adequate? Is the project proponent
accountable for promised entitlements and compliance with the LARAP, if such document exists? Is the policy's focus
on physical relocation and compensation rather than income restoration? Are institutional instruments in place to
facilitate 'land for land' compensation alternatives?

● Defi ning entitlements and eligibility - Who will receive compensation and rehabilitation, and how much? How will
these measures be structured to avoid cash compensation? Is recognition given to informal or customary land rights?

● Social preparation - Are the needs of women being taken into account? Will the needs of vulnerable people be met?
Are neighbouring communities with a genuine interest in resettlement overlooked?

● Community participation - How best to consult with affected people. Will consultation lead to participation? Are host
communities included in the consultation process?

● Organizational capacity - Do the skills, staff and organizational capacity exist to properly implement resettlement
plans and to assist in income restoration? Do local government institutions have adequate resources and capability?
Can affected people actively participate in resettlement?

● Budget - How will land acquisition and resettlement be fi nanced? Are allocated resources suffi cient to fully cover
resettlement including reestablishment? Does the budget allow for a multi-year programme? Do the host communities
have to shoulder part of the costs or are development benefi ts extended to host communities?

● Time line - Is resettlement planning part of the early project planning or it is more an after thought? How does
resettlement fi t into the project implementation schedule? When will monitoring and evaluation of resettlement
success start and end?