al mokha 60 mw wind farm - world bankdocuments.worldbank.org/curated/en/...al mokha 60mw wind farm...

SUBMITTED TO: Republic of Yemen Ministry of Electricity and Energy

EcoConServ Environmental Solutions 12 El Saleh Ayoub, Zamalek, Cairo, Egypt 11211 Tel: + 20 2 27359078 – 2736 4818 Fax: + 20 2 2736 5397 E-mail: [email protected] URL: http://www.ecoconserv.com

JET for Engineering & Trading Riyad (Hayil) Street, Al-Ghail Building 1st Floor, Suite no. 1, Sana’a, Republic of Yemen, P.O. Box 2379 Tel.: + 967 1 212 567 Fax: + 967 1 211 097 E-mail: [email protected] URL: http://www.geocities.com/jetyemen

Al Mokha 60 MW Wind Farm Project (MWFP)

Republic of Yemen

RESETTLEMENT

POLICY FRAMEWORK

May 8, 2011

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

2

1.1 Al Mokha Wind Farm 60 MW Project (MWFP) ..................................................... 12

1.1.1 Project Background ............................................................................................. 12 1.1.2 Project Objective ................................................................................................. 12 1.1.3 Project Proposed Location and Components .................................................... 12

1.2 Principles and Objectives Governing Resettlement Preparation And

Implementation ................................................................................................................. 15 1.2.1 Policy Principles ................................................................................................... 15 1.2.2 Policy Objectives .................................................................................................. 15 1.2.3 Policy Coverage .................................................................................................... 15

1.3 Preparing and Approving Resettlement Plans ......................................................... 16 1.3.1 Resettlement Instruments ................................................................................... 16

1.4 Estimated Population of PAPs and Categories of PAPs .......................................... 17 1.5 Eligibility Criteria ....................................................................................................... 19

1.5.1 Compensation under Land Ownership .............................................................. 19 1.5.2 Compensation under Severity of Impact ........................................................... 19 1.5.3 Establishing Procedures and Eligibility Criteria .............................................. 20

1.6 Compensations and Methods for Asset Valuation ................................................... 20 1.6.1 Asset Valuation .................................................................................................... 20 1.6.2 Asset Valuation Method ...................................................................................... 20 1.6.3 Compensation ....................................................................................................... 21

1.7 Organizational Arrangements for Entitlement Delivery ......................................... 22 1.7.1 The World Bank .................................................................................................. 22 1.7.2 The Project Management Unit (PMU) ............................................................... 22 1.7.3 Local Authorities (Local Councils) .................................................................... 23 1.7.4 Non Governmental Organizations (NGOs) ....................................................... 23 1.7.5 External Consultant(s) ........................................................................................ 24

1.8 Implementation Process and Linkage to Civil Works ............................................. 24 1.8.1 Resettlement Plans ............................................................................................... 24 1.8.2 Timeframes ........................................................................................................... 25 1.8.3 Linking Resettlement Implementation to Civil Works .................................... 25

1.9 Grievance Redress Mechanisms ................................................................................ 26 1.9.1 Objective of Grievance Redress .......................................................................... 26

1.10 Sources of Financing for Funding Resettlement .................................................... 28 1.11 Consultation and Participation ................................................................................ 28

1.11.1 Notification Procedure ...................................................................................... 28 1.11.2 Public Consultation Mechanisms ..................................................................... 28

1.12 Monitoring and Evaluation Arrangements............................................................. 29 1.12.1 Internal Monitoring ........................................................................................... 30 1.12.2 External Monitoring .......................................................................................... 30

..... 32


3

2.1 Main National Legislation that Regulates Land Acquisition .................................. 32 2.1.1 Land Ownership within the Yemeni Legislations Framework ........................ 33 2.1.2 Privately Owned Land ........................................................................................ 33 2.1.3 State–Owned or Government Land (Miri) ........................................................ 34 2.1.4 Communal Land .................................................................................................. 35 2.1.5 Endowment / Waqf Land ................................................................................... 36 2.1.6 Agricultural Land ............................................................................................... 37 2.1.7 Land for Neighborhood Rights ........................................................................... 37 2.1.8 Laws Governing Squatters .................................................................................. 38 2.1.9 Other Types of Land ........................................................................................... 39

2.2 Land Acquisition: Key Issues and Procedures (Law 1 year 1995) ......................... 39 2.3 Institutional Arrangements ........................................................................................ 40

2.3.1 General Authority for Land Survey and Urban Planning (GALSUP) ........... 40 2.3.2 The Ministry of Public Works and Highways (MoPWH) ................................ 41 2.3.3 The Ministry of Finance (MoF) .......................................................................... 41 2.3.4 Local Councils ...................................................................................................... 41 2.3.5 Additional Mechanisms ....................................................................................... 42

2.4 Main Challenges Related to Land Ownership and Institutional Capacities ......... 42

3.1 Discrepancies between Yemeni Laws and OP 4.12 .................................................. 44

3.1.1 Calculation and Timing of Compensation ......................................................... 44 3.1.2 Definition of Affected Persons (PAPs) ............................................................... 44 3.1.3 Public Participation, Consultation ..................................................................... 45 3.1.4 Grievance Mechanisms........................................................................................ 45 3.1.5 Vulnerable groups ............................................................................................... 46 3.1.6 Resettlement assistance ....................................................................................... 46 3.1.7 Rights of Squatters .............................................................................................. 46

3.2 Capacity Building Needs ............................................................................................ 47

LIST OF TABLES

Table 1.1 Size of Settlements within the Project Site

Table 1.2 Potential Number of Negatively Affected Households within the Four

Villages and the Types of Impacts

Table 1.3 Replacement Cost for Tangible Assets

Figure 1.1 The Proposed Location of Al Mokha Wind Farm


4

Figure 1.2 The Three Proposed Scenarios of WTG in the Project Site

Figure 1.3 The Villages within the Project Sites

Figure 1.4 Main Approaches for the Grievance Redress

Figure 3.1 PAPs Consultation and Participation in the RAP/ARP along the

Project Cycle

Box 1.1

Guidelines for the Monitoring Indicators

Box 2. 1 Issues Related to Land Acquisition and the Yemeni Relevant Laws

Box 2. 2 Yemeni Legislations Governing Private Land Property

Box 2.3 Yemeni Legislations Governing State/Government Land Property

Box 2.4 Yemeni Legislations Governing Communal Land Property

Box 2.5 Yemeni Legislations Governing Endowment/ Waqf Land

Box 2.6 Yemeni Legislations Governing Agricultural Land

Box 2.7 Yemeni Legislations Governing Neighborhood Rights

Box 2.8 Yemeni Legislations Governing Rights of Squatters


5

LIST OF ABBREVIATIONS

AFD Agence Française de développement

ARPs Abbreviated Resettlement Plans

EC Estimation Committee

ESIA Environmental and Social Impact Assessment

ESMP Environmental and Social Management Plan (ESMP)

FCC Feedback and Complaint Committee

FGD Focus Group Discussions

IDB Islamic Development Bank

IR Involuntary Resettlement

LRC Local Resettlement Committee

M&E Monitoring and Evaluation

MoEE The Ministry of Electricity and Energy

MPP Mokha Power Plant

MWFP Mokha 60MW Wind Farm Project

OP Operational Policy

PAPs Project Affected Persons

PMU Project Management Unit

PRA Participatory Rapid Appraisals

RAPs Resettlement Action Plans

RED Renewable Energy Department

RESAP Renewable Energy Strategy and Action Plan

RPF Resettlement Policy Framework

SDO Social Development Officer

SPC Special Purpose Company

WB World Bank

WTG Wind Turbines Generators


6

GLOSSARY

Abbreviated

Resettlement

Plan

Establish a baseline through the census of PAPs which will

comprise socio-economic data, the inventory of assets lost, and

the compensation and resettlement benefits awarded to the

PAPs.

Affected persons All persons who, as result of work carried out or to be carried

out under the Project, would incur involuntary loss, temporarily

or permanently, of land, shelter, productive assets or access to

productive assets, or of income or means of livelihood and, as

consequence, would have their living standards or production

levels adversely affected.

Compensation Payment in cash or in kind to replace losses of land, housing

income, and other assets caused by the project.

Cut off Date The date of the census prior to which the occupation or use of

the project area qualifies residents or users of the project area

as affected persons.

Involuntary Actions that may be taken without the displaced person’s

informed consent or power of choice.

Involuntary

Resettlement (IR)

The unavoidable displacement of people and/or impact on their

livelihood, assets and common property resulting from

development projects that create the need for rebuilding their

livelihood, sources of income and asset bases.

Land Acquisition The process whereby a person is compelled by a public agency

to alienate all or part of the land s/he owns or possesses, to the

ownership and possession of that agency, for a public purpose,

in return for fair compensation.

Monitoring The process of repeated observations and measurements of

environmental and social quality parameters to assess and enable

changes over a period of time.

Project Affected

Person

Includes any people, households, firms or private institutions

who, on account of changes that result from the project will have

their (i) standard of living adversely affected, (ii) right, title, or

interest in any house, land (including residential, commercial,

agricultural, forest, and/or grazing land), water resources, or any

other moveable or fixed assets acquired, possessed, restricted, or

otherwise adversely affected, in full or in part, permanently or

temporarily; and/or (iii) business, occupation, place of work or

residence, or habitat adversely affected, with or without

displacement.


7

Public

Involvement

The dialogue encompassing consultation and communication

between a project proponent and the public. It includes

dissemination, solicitation and presentation of information.

Rehabilitation/

Resettlement

A term often used to describe the process of reestablishing

lifestyles and livelihoods following resettlement. The term is

also used to describe construction works that bring a deteriorated

structure back to its original conditions.

Resettlement

Action Plan

(RAP)

A time-bound action plan with a budget, setting out resettlement

strategy, objectives, options, entitlements, actions, approvals,

responsibilities, monitoring and evaluation.

Social Impact An effect (both positive and negative) on a social issue resulting

from development projects.

Stakeholders Those who have an interest in project development and who will

be involved in the consultative process, and includes any

individual or group affected by, or that believes it is affected by

the project; and any individual or group that can plan a

significant role in shaping or affecting the project, either

positively or negatively, including the host community/

population.

Vulnerable

Groups

Distinct groups of people who might suffer disproportionately

from resettlement effects, including the poor, landless and semi-

landless, female-headed, disabled and elderly households

without means of support and those from minority groups.


8

EXECUTIVE SUMMARY

Project Background

Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of

demonstrating the financial feasibility of wind power by implementing the first wind

power development project in Yemen. MWFP is expected to add 60 MW of clean

power to the national grid.

The target capacity of 60 MW will be met through introducing a number of Wind

Turbines Generators (WTG) that will be located according to a favorable scenario

that has been compared to two other scenarios. The proposed scenario is optimal in

terms of energy production, sensitivity to habitat, aesthetic impacts and amount of

waste generated during construction. The proposed scenario will involve the

installation of 30 WTGs each of 2 MW capacities with hub height of 78m. The other

project components will include internal roads, an input portal, an overhead 132 Kv

power line and internal cabling.

The proposed location of MWFP is located on the coastal area in the western part of

Yemen, around 4 Km away from Al-Mokha in the vicinity of the existing Al-Mokha

Thermal Power Plant. It will occupy an area of around 48 m2.

MWFP is expected to have substantive positive impacts on the local communities in

Al Mokha and the country at large. The positive impacts include creating job

opportunities for Al Mokha residents both during construction and operation phases,

improving the power provision to Al Mokha and the neighboring communities and

assisting local communities in attaining several advantages in the form of enhanced

access to market and better income earning opportunities.

The field visits and surveys carried out in the project site showed that there are 93

households with a total population of 339 individuals who are originally Bedouin

nomads who have settled in this area for more that 20 years. Village residents juggle

a number of activities that are characterized by being marginal, fragile and poorly

rewarding with the main objective of making a daily living. The communities’ main

activities involve fishing, driving, grazing animals and collecting firewood.

These communities are mainly composed of three villages, namely, Al Holeiby,

Seriga, and Al Oksh.. They are under the administrative arrangements of Al

Mashalha, Al Mokha Districts. Like many other rural areas in Yemen, the role of

traditional institutions in resolving disputes through mediation, customary tribal

arbitration, and mutual accord is important in Al Mokha. Most disputes in Yemen

are originated from water right and land ownership. Customary laws in tribal areas

are strong and effective in resolving rural land disputes. Traditional institutions have

played and continue to play important role in addressing the rural land needs of

public benefits projects in Yemen. It is anticipated that the traditional structure in Al

Mohka project area will play similar role in resolving issues that might arise

between the project and communities.

From the preliminary survey and field observation, it is predicted that MWFP

operations will not result in major land acquisition. There will not be physical


9

displacement that will be caused by the project and that will require relocating and

resettling people.

However, if for unforeseen and unavoidable circumstances the project requires land

acquisition and negatively impacted livelihoods, the policy principles and objectives

stated in this RPF will be applied. In the case of dispute between the project and

local community, the Yemeni customary law, deemed consistent with OP 4.12 if

properly documented, will be used. Existing traditional conflict resolution

mechanism will be activated and will be deployed to resolve disputes. Capacity

building support will be provided by the project.

Main National Legislation that Regulates Land Expropriation

The key Yemeni legislation that deals with land related issues are: the National

Constitution; the Civil Law; Law no. 21 of 1995 concerning State Land and Real

Estate; the Republican Decree 170 of 1996; Waqf Law no. 23 of 1992; the Republican

Decree 99 of 1996; Law no. 21 of 1995 concerning State Land and Real Estate and;

Law no. 1 of 1995 concerning the Public Eminent Domain Law.

Under Yemeni legislation, land could be classified as: (a) privately-owned land, (b)

state-owned or government land, (c) communal land, (d) endowment/ waqf land:

agriculture land, (e) land for neighborhood rights, (g) squatters occupied land. The

Legislation includes several provisions that regulate the process of declaring land

plots for public interest, the provisions for expropriation and compensation; and the

definition of rights of owners and use of communal property.

Land acquisition is regulated by the Public Eminent Domain Law no. 1 of 1995 which

aims at locating and identifying State Lands and Estates and establishing plans that

identify such lands, and protect and maintain them against any kind of aggression.

According to Article 1 of this law, ministries, authorities and general intuitions may

carry out acquisitions for the public interest when justified by necessity, in return for

fair compensation. Article 2 of the same law states the definition of “Projects of

Public Interest.”

The main institutions responsible for land-related issues are the General Authority for

Land Survey and Urban Planning (GALSUP) through the Land Department, Planning

Department, Notary Public Department and the Control and Inspection Department.

The Ministry of Public Works and Highways (MoPWH), the Ministry of Finance

(MoF) as well as the Local Councils which also plays an institutional role in

regulating land issues.

Moreover, under Articles 18 to 20 of the Law of State Lands Real Estates, the

Minister of Justice establishes a permanent or temporary EC in every governorate, or

for each individual case that comprises a judge, who takes the role of chairman, an

engineer, a representative of the expropriating authority, and the owner(s) of the

expropriated real estate or their representative. The EC role is to consider the various

pieces of legislation related to land acquisition and rights of squatters on public land

while making compensation for involuntary settlement.

There are several challenges related to land ownership and institutional capacities in

Yemen that could be summarized as follows:

Land ownership issues are complex in Yemen, and are beyond the scope of a

MWFP to resolve.


10

The practical application of the law confronts many challenges including the

growing confusion over communal land and privately-owned land and the trend of

increasing private appropriation of communal land.

There is little public confidence in the Land Registry, mainly in the rural areas.

The overlapping responsibilities and the bureaucratic procedures of the various

concerned institutions lead to delayed responses to the affected persons.

Law enforcement holds many challenges and the judicial system also exhibits

some weaknesses.

World Bank Safeguard Policies on Involuntary Resettlement (OP 4.12)

Involuntary Resettlement (IR) resulting from development projects will, if

unmitigated, give rise to difficult economic, social, and environmental risks that may

lead to a variety of unacceptable impacts including dismantling of production

systems, impoverishment of people, relocation of displaced persons to environments

that do not suit their skills, weakening of community institutions and social networks,

dispersion of extended families and kin groups and loss of cultural identity. However,

well-designed resettlement programs may represent good development opportunities.

WB OP 4.12 is a road map for the identification, preparation, and implementation of

Bank-funded programs with a focus on minimizing negative social and economic

impacts on individuals and communities.

The overall objective of OP 4.12 is to avoid IR where feasible by exploring

alternatives. If IR is unavoidable, resettlement activities should be conceived and

executed as sustainable development programs where displaced persons should be

meaningfully consulted. Resettlement programs should work to improve the

livelihoods of the Project Affected Persons (PAPs).

The policy covers the direct economic and social impacts that result from Bank-

assisted projects and are caused by the involuntary taking of land resulting in

relocation or loss of shelter, loss of or access to productive assets, or loss of sources of

income or means of livelihood, whether or not the affected persons must move to

another location; or, the involuntary restriction of access to legally designated parks

and protected areas resulting in adverse impacts on the livelihoods of the displaced

persons.

Potential Impacts

Generic short and long term environmental and socio-economic impacts potentially

occurring from involuntary resettlement include:

Disruption of production and income generation both on temporary and permanent

bases;

Loss of land or other assets;

Affecting the incomes of local communities by introducing new income

generations opportunities which are not suitable to the local skills;

Weakening of community and social fabric and networks;

Dispersion of family and kinship groups; and

Loss of cultural identity and traditional authority.

Under MWFP, the above impacts are not predicted to be encountered by local

communities. However, temporary impacts associated to the construction phase


11

including physical works will occur. These will be mitigated through measures

described in the Environmental and Social Management Plan (ESMP).

Purpose and Key Elements of the RPF

The purpose of this RPF is to establish resettlement objectives, principles,

organizational arrangements, overall design of the resettlement program, and funding

mechanisms for any resettlement operation that may be necessary during the MWFP

preparation and implementation phases.

When the precise location and exact extent of land acquisition by MWFP becomes

known during the implementation phase, site specific Resettlement Action Plans

(RAPs) or Abbreviated Resettlement Plans (ARPs) should be prepared, depending on

the scale and severity of impacts. The resettlement process should be finalized prior to

the commencement of any physical works.

If the need arises to resettle PAPs, the resettlement process will follow the principles

outlined in this RPF and shall take the social context into account and adapt it to local

conditions. This RPF along with the suitable resettlement instrument will be used for

establishing appropriate mechanisms that will be specifically tailored to deal with

resettlement problems that might arise as a result of MWFP.

This RPF consist the following elements, consistent with the provisions described in

OP 4.12, paragraph 2 and 4. Each of these elements will be discussed in chapter one,

two and, three in full detail.

a brief description of the project and components for which land acquisition and

resettlement are required, and an explanation of why a resettlement plans can not

be prepared by project appraisal,

Principles and objectives governing resettlement preparation and implementation,

A description of the process for preparing and approving resettlement plan,

Estimated population displacement and likely categories of displaced persons, to

the extent possible,

Eligibility criteria for defining various categories of displaced persons,

Methods of valuing affected assets,

Organizational procedures for delivery of entitlements,

A description of the implementation process- linking resettlement implementation

to civil work,

A description of grievance redress mechanisms,

A description of the arrangements for funding resettlement, including the

preparation and review of cost estimate, the flow of fund and, contingency

arrangements,

A description of mechanisms for consultations with, and participation of,

displaced persons in planning, implementing, and monitoring,

Arrangements for monitoring by implementing agency and, if required, by

independent monitors,

A legal framework reviewing the fit between Yemeni law and legal framework

and Bank policy requirements and measures proposed to bridge any gaps between

the two systems,


12

CHAPTER ONE: PROJECT SPECIFIC INFORMATION

1.1 Al Mokha Wind Farm 60 MW Project (MWFP)

1.1.1 Project Background

The power sector in Yemen is facing many challenges in providing reliable energy

service. The country has the lowest population access to electricity in the region.

Little over 40% of the total population has access to electricity compared to a

regional average of about 90%. Because power generation in thermal power plants

causes many environmental impacts including deteriorating air quality, increasing

greenhouse gas emissions and depleting natural resources from fossil oil, the

Yemeni Government has initiated the Renewable Energy Strategy and Action Plan

(RESAP) in which different sources of renewable energy have been investigated. It

was concluded that wind energy, along with solar energy, are potentially among the

most feasible sources of renewable energy in the country.

The Ministry of Electricity and Energy (MoEE) has investigated wind resources at a

number of sites in the country, focusing in Al Mokha and Hodeidah regions, as a

preliminary step for implementing a wind farm project. The results of these

investigations have shown favorable conditions in Al-Mokha compared to Al

Hodeidah. Accordingly, MoEE is currently planning for implementation of the Al-

Mokha Wind Farm Project (MWFP).

Wind energy is a fast growing renewable energy source throughout the world, which

has gained popularity in recent years due to soaring fossil fuel prices and improved

wind harvesting technologies. While wind energy is an environmentally friendly and

clean technology, there are potential environment impacts from the wind farm and

associated power lines on biodiversity, particularly birds and other airborne animals

(such as bats).

1.1.2 Project Objective

Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of

demonstrating the financial feasibility of wind power by implementing the first wind

power development project in Yemen and adding 60 MW of clean power to the

national grid.

1.1.3 Project Proposed Location and Components

The proposed location of MWFP is located on the coastal area in the western part of

Yemen. Typically the coastal area in the western part of Yemen is semi-desert with

rare vegetation and rare inhabitation. The project site is around 4 km far away from

Al-Mokha port. The proposed project site is located in the vicinity of the existing Al-

Mokha Thermal Power Plant as the generated power shall be connected to the existing

substation of the thermal power plant (The proposed site for Al Mokha is shown in

figure 1.1 below).


13

Figure 1.1: The Proposed Location of Al Mokha Wind Farm

The project site occupies an area of about 48 km2 and will involve installation of wind

turbines with a total capacity of 60 MW that will be connected to the national grid.

The target capacity of the project (60 MW) will be met by introducing a number of

Wind Turbines Generators (WTG). The Feasibility Study consultants have developed

three scenarios for WTGs rating, number and layout. The prepared Environmental and

Social Impact Assessment (ESIA) also explored the proposed scenarios in terms of

the environmental and social impacts and conclude that the scenario that involves

the installation of 30 WTGs each of 2 MW capacities with hub height 78m,

shown in turquoise color in the layout shown in Figure 1.2 is the most feasible

scenario from environmental and social perspectives. The ESIA Chapter on

Project Alternatives describes the three scenarios in more detail and concluded that

the selected alternative is favorable in terms of the following considerations:

1. The most energy production (optimization option)

2. Least impacts on sensitive habitat of the area, particularly migrant birds


14

3. The least impacts on aesthetic view

4. Less generated waste during construction (less construction works)

5. Less impacts on traffic and generation of vehicles air emissions

6. Longer life span and less maintenance requirements

7. Less noise, vibrations and shadow flickering effects

In addition to the WTG, the project components also include other components like

internal roads which will include a connection from the main road (as indicated in

Figure 1.2 below), a main distributor road and three stretches serving WTG rows.

Project components will also encompass internal cabling which will connect each row

of WTGs, underground 33 Kv cables and 3/132 substation which will be located at

the southwest respect of the project site. Overhead 132 Kv power line will also be

installed to connect the wind farm substation to MPP substation for a distance of

about 2.6 km. Moreover an input portal shall be built for phase cables mooring at the

Mokha Power Plant (MPP) substation.

Figure 1.2 The Three Proposed Scenarios of WTG in the Project Site.

The turquoise color refers to the preferred scenario (scenario 3), while the purple and

green colors present the two other alternatives. The yellow lines represent the access

roads that will be established as part of the project and the black lines represent the

power cables. The few red dots represent the communities within the project area.

1.1.4 Why Not Prepare RAP/ARP During Project Appraisal?

It is not possible to prepare a RAP or ARP during the project appraisal as the precise

location of WTGs has not yet been known. RPF is then the appropriate resettlement

instrument that the Project Management Unit (PMU) can feasibly submit to the Bank

as condition to project for appraisal.


15

When of the precise location of the WTGs is known and if it is determined that

MWFP’s activities will necessitate involuntary resettlement, then RAP/ARP

consistent with this RPF will be prepared and submitted to the Bank for approval. The

RAP/ARP document will be submitted to the Bank prior to starting of any

construction work.

1.2 Principles and Objectives Governing Resettlement Preparation And

Implementation

1.2.1 Policy Principles

Involuntary Resettlement (IR) resulting from development projects will, if

unmitigated, give rise to difficult economic, social, and environmental risks that may

lead to a variety of unacceptable impacts including: i) dismantling production

systems, ii) impoverishing people when their productive assets or income sources are

lost, iii) relocating of displaced persons to environments where their productive skills

may be less applicable and the competition for resources greater, iv) weakening of

community institutions and social networks, v) dispersing of extended families and

kin groups; and vi) losses of cultural identity, traditional authority, and the potential

for mutual help.

On the contrary, a well-designed and a well-implemented resettlement program may

represent good development opportunity. By providing proactive mitigation measures,

that will lead to sound resettlement planning, OP 4.12 is designed to ensure that

Project Affected Persons (PAPs) are not negatively affected by Bank-financed

projects. It is a road map to be used by practitioners in the identification, preparation,

and implementation of Bank-funded programs with a focus on minimizing

involuntary resettlement’s negative social and economic impacts on individuals and

communities.

1.2.2 Policy Objectives

The overall objectives of the Bank’s policy on involuntary resettlement are:

Involuntary resettlement should be avoided where feasible, or minimized,

exploring all viable alternative project designs;

Where it cannot be feasibly avoided, resettlement activities should be conceived

and executed as sustainable development program, providing sufficient

investment resources to enable displaced persons to share the project benefits.

Displaced persons should be meaningfully consulted and should have

opportunities to participate in planning and implementing resettlement programs

and compensation measures; and

Displaced persons should be assisted in improving their livelihoods and standards

of living or at least in restoring them, in real terms, to pre-displacement levels or

to levels prevailing prior to project implementation, whichever is higher.

1.2.3 Policy Coverage

The Bank policy on involuntary resettlement covers the direct economic and social

impacts that both result from Bank-assisted projects and are caused by:


16

The involuntary taking of land resulting in relocation or loss of shelter, or loss of

access to productive assets, or loss of sources of income or means of livelihood,

whether or not the affected persons must move to another location; or,

The involuntary restriction of access to legally designated parks and protected

areas resulting in adverse impacts on the livelihoods of the displaced persons.

This policy applies to all components of Bank-supported projects that result in

involuntary resettlement, regardless of the source of financing. It also applies to other

activities resulting in involuntary resettlement, that in the judgment of the Bank, are

directly and significantly related to the Bank-assisted projects, necessary to achieve

the objectives set forth in the project documents, or carried out or planned to be

carried out, contemporaneously with the project.

1.3 Preparing and Approving Resettlement Plans

During implementation of the MWFP, the scale and severity of its impact will be

assessed and determined. Since the precise location of turbines, transmission lines and

Diesel Generator sets are not yet known at this stage of the project, it is recommended

that the preparation and disclosure of this RPF is conditional for its appraisal.

If, in a very unlikely circumstance, involuntary resettlement and involuntary

acquisition of land becomes an unavoidable reality, the MWFP will consider

preparing ARP or RAP1 that must be consistent with this RPF.

Preparing and processing ARP or RAP entails: i) screening and reviewing MWFP

areas, ii) conducting census and socioeconomic survey around and within the MWFP

areas, iii) establishing eligibility criteria, iv) conducting consultations, v) preparing

the ARP or RAP document, vi) reviewing the document and, vii) assessing and

identifying the resettlement implementing agency implementation capacity and

building its capacity.

1.3.1 Resettlement Instruments

If resettlement planning is applicable to MWFP, then the next question will be which

of the Bank’s resettlement planning instruments will be appropriate to address the

project’s impact sufficiently.

Choosing the kind of instrument to be used by the project will be the responsibility of

Bank task team. The team will have to weigh the scale and magnitude of impact and

choose the appropriate planning instruments from the following:

Resettlement Action Plan

Abbreviated Resettlement Plan

Process Framework

1.3.1.1 Resettlement Action Plan (RAP)

The preparation of this planning instrument is dependent upon the scale of the MWFP

impacts on livelihoods. RAP is prepared when the details of the MWFP are known at

1 Detailed guidelines for preparing a RAP are available one the World Bank's website www.worldbank.org .

http://www.worldbank.org/


17

appraisal. A full RAP is required when: a) more than 200 individuals are affected; b)

all of the PAPs lose more than 10 percent any of their holdings; c) the remainder of

their land is economically unviable; and (c) they have need for physical relocation.

For more details on the process of RAP preparation and the different resettlement

steps within the project cycle see Annex I.

1.3.1.2 Abbreviated Action Plan (ARP)

This planning instrument is prepared if the resettlement impacts are minor or the

MWFP displaces fewer than 200 people. Resettlement impacts are considered minor

if: (a) all of the PAPs lose less than 10 percent of their land, regardless of the number

of PAPs; (b) the remainder of their land is economically viable; and (c) they have no

need for physical relocation. For more detail see Annex I.

1.3.1.3 Process Framework (PF)

The Process Framework is prepared if the operation of MWFP imposes restrictions of

access to legally designated parks or protected areas. If the project restricts access to

common property or natural resources as a result of its activities, it is then imperative

that the project prepare and submit a process framework as a condition for appraisal.

1.4 Estimated Population of PAPs and Categories of PAPs

Size of households: The field interviews, surveys and observations carried out

showed that very small and sparse communities are currently living within and

around the project sites. There are 93 households within the project site of which 3

are uninhibited households and one is a grave. The survey showed that the total

population of those households that accepted to reveal their information is 339

individuals. Their sizes and settlement is depicted by Table1.1 below.

Table 1.1 Sizes of Settlements within the Project Site

Name of the Village Number of Village Households

Al Holeiby 24 houses

Al Oksh 33 houses

Seriga 32 houses

Length of settlement: The residents of the three villages are originally Bedouins who

used to wander in the desert seeking water and grass for their animals. They

mentioned that they have lived in this site since 1990, while a few of them

mentioned that they have lived there for 35 years. According to them this place

includes a multitude of attraction factors that allowed them to make a living and

settle. These factors include access to open space and natural resources like trees

which allow them to cut and burn wood both for domestic activities and selling. The

site also enjoys proximity to the sea, which allows a portion of the residents to work

in fishing. Moreover, proximity to Al Mokha allows access to economic

opportunities in Mokha. Annex II of the RPF presents full report for the registration

survey including the key findings from the field.

Means of livelihoods: The main occupations include working as daily laborers in

Mokha port, fishermen, firewood sellers and shepherds. Moreover, proximity to the

high way allows some of the young male residents to make a living through offering


18

transport services to the road users. Almost all women do not work outside homes

except in very limited activities that involve collecting wood and limited grazing.

Women and female children are fully responsible for domestic works.

Housing style: The most dominant housing style in the settlement within the project

areas are mostly of unstable structure. This is what local people call “the Tihama

coastal houses" which is very close to cottages. The most dominant construction

materials for these structures are mud, straw, trees wood and palm leaves. In very

few cases residents used cement bricks in supporting their shanties.

It should be noted that the majority of the people in the area could be categorized by

law as “squatters” due to the fact that almost all of them do not own the legal

documents that proves their ownership of the land2.

Vulnerable groups: Consideration must be given and assistance provided, where

necessary, to those most vulnerable groups if involuntary resettlement becomes

unavoidable option. The likely PAPs under MWFP, among other categories, are

vulnerable groups who could be included under the following:

Those living below the poverty line, and the landless;

Elderly, women and children, indigenous peoples;

PAPs who may not be protected through national land compensation legislation;

and

Those who do not have alternative sources of income apart from the land

resources- based activities.

Under the World Bank OP 4.12, there is clear emphasis on the need to give special

attention to the rights of vulnerable groups to make sure that they are not excluded

from any measures adopted within overall resettlement actions. Importance is given to

a fair treatment of vulnerable groups out of a belief in the role played by social

identity in determining who has access to which resources. Vulnerable groups are

normally at a higher risk of impoverishment.

If the decision is made to prepare ARP or RAP, the MWFP will conduct a census

survey and a socioeconomic study to help identify vulnerable groups whose

livelihoods might be impacted. The result of the census and the socio-economic study

will be used to determine the appropriate types of compensation and the forms of

assistance to be provided to vulnerable groups. Types of assistance are varied. For

example, assistance with the compensation payment procedure might include going to

the bank with the person to cash the compensation check; or assistance with the post

payment period might require reducing risks of misuse/robbery; or assistance during

moving might require providing a vehicle and driver; or assistance at the moving

stage might necessitate providing materials, labor, or building houses; or assistance

with health care at critical periods such as the moving and transition periods, etc.

2 WB OP 4.12 emphasizes the rights of these groups in receiving resettlement assistance, in case OP

4.12 is triggered. The Yemeni Law no 21 of year 1995 concerning State Land and Real Estate also

protects the rights of squatters and several local mechanisms were tailored in several Governorate to

deal with these cases (as will be mentioned in more details below).


19

Local communities within the project area are of the poorest groups precautionary

measure will be taken to ensure that the local population maintains access to the

various common resources in the areas, including access to grazing and logging

The PMU is responsible for implementing these measures. The PMU will work to

ensure and facilitate the efficient implementation of the social and economic

mitigation measures outlined in this RPF and will be responsible for creating

communication channels between communities and the relevant authorities and the

Local Councils.

1.5 Eligibility Criteria

Since MWFP impacts have not yet been known it is not possible to determine who is

qualified or not qualified for compensation benefits. Nonetheless, all PAPs who suffer

complete or partial losses of assets or access to assets shall be eligible for some kind

of assistance, according to their legal rights to the land, if it can be proven that they

occupied the land before the claim cut-off date. The Bank OP 4.12 specifically

proposes the following three general categories for eligibility:

Those who have formal, legal rights to land, including customary and traditional

rights, recognized under the laws of the country;

Those who have no formal legal rights to land at the time the census begins but

have a claim to such land or assets, provided such claims are recognized under the

laws of the country or become recognized through a process identified in the

resettlement plan; and

Those who have no recognizable legal right or claim to the land they occupy.

Eligibility for compensations will recognize private, customary or traditional rights as

well as formal and informal contractual rights. Since the MWFP will not require

involuntary land acquisition, its operation will not affect land ownership, customary,

and traditional rights or formal and informal contractual rights.

1.5.1 Compensation under Land Ownership

As planning information becomes available, land ownership and severity of impact

shall be used to determine compensations for resettlement entitlements. The type of

ownership or claim, in combination with the severity of impact, determines the

relevant resettlement entitlements, which are generally defined in proportion to the

impact on PAPs.

1.5.2 Compensation under Severity of Impact

OP 4.12 stated that eligibility under the severity of impact may range from minor to

severe impacts. Minor impacts occur when less than 10% of productive assets are lost

with no physical relocation required. Impact is severe when more than 10 percent of

land or resources are taken and when physical relocation occurs from one’s residence

or place of business, or people suffer significant loss of livelihood and income. As

previously mentioned, the number of PAPs under MWFP will reach around 20

families in the three villages. However, the impacts do not involve involuntary

resettlement. The nature and severity of impacts are expected to be within acceptable

levels and several positive returns are expected to compensate those temporary


20

negative impacts like construction inconvenience. In the meantime, the ESMP

presented mitigation measures that will adequately deal with the negative impacts and

will ensure that they are reduced to a minimal level.

1.5.3 Establishing Procedures and Eligibility Criteria

If MWFP requires resettlement planning to address adverse impact on livelihoods, the

PMU will develop a procedure satisfactory to the Bank for establishing the criteria by

which PAPs will be deemed eligible for compensation and other resettlement

assistance. The procedure includes provisions for meaningful multi-stakeholders

consultations with PAPs and PAP-communities, local authorities and relevant NGOs,

and government agencies.

1.6 Compensations and Methods for Asset Valuation

1.6.1 Asset Valuation

The valuation of losses in physical assets will be carried out by assessing the market

value of the assets, if known, and estimating the replacement cost. Replacement cost

is simply calculated as the cost of replacing the lost assets plus any transaction costs

associated with bringing the asset to pre-displacement value. Replacement cost will

differ depending on the type of asset, as illustrated in Table 1.3 below.

Table 1.3: Replacement Cost for Tangible Assets

Asset Replacement Cost

Agricultural

Land Equals the pre-project or pre-displacement, whichever is higher,

market value of land of equal productive potential or use located in

the vicinity of the affected land, plus the cost of preparing the land to

levels similar to those of the affected land, plus the cost of any

registration and transfer taxes. Urban Land Equals the pre-displacement market value of land of equal size and

use, with similar or improved public infrastructure facilities and

services and located in the vicinity of the affected land, plus the cost

of any registration and transfer taxes. Houses / Other

Structures

Equals the market cost of the materials to build a replacement

structure with an area and quality similar to or better than those of the

affected structure, or to repair a partially affected structure, plus the

cost of transporting building materials to the construction site, plus

the cost of any labor and contractors’ fees, plus the cost of any

registration and transfer taxes.

Source: WB OP 4.12

For intangible loses that cannot easily be valued in monetary terms (i.e. access to

employment opportunities, public services, natural resources, social capital), the sub-

projects should attempt to establish access to equivalent resources and earning

opportunities that are acceptable to the PAPs.

1.6.2 Asset Valuation Method

Law no. 21 of 1995 concerning State Land and Real Estate defines the formation of

an Estimation Committee (EC) to be in charge of estimating the value of

compensation. The committee should consist of a judge, an engineer, representative of


21

the expropriated entity, and the owner of the expropriated real estate. The law

stipulates that the EC should look at number of plantations and establishments. If

there was more than one owner and they did not agree on one representative, then the

majority decides. Otherwise the president shall appoint an expert as a representative

of the owner. Decisions of the EC are based on the majority vote. The PMU should be

represented in the EC.

1.6.3 Compensation

Fair compensation3 is a constitutional condition for lawful expropriation according to

Article 1166 of the Civil Code no. 19 of 1992 which stated that no one is to be

deprived of his/her property except in accordance with the law and in exchange for

fair compensation.

Compensation will be provided to all individuals whose assets or access to assets is

severely affected or damaged, as a consequence of land acquisition or any other

activities undertaken by the sub-projects. The compensation for the loss of physical

and non-physical assets will vary depending on the type of loss, severity of the loss,

and eligibility of the PAPs. Compensation may come in the form of cash

compensation, in-kind compensation, and/or assistance.

All PAPs will be entitled to monetary compensation at replacement cost, at market

value (at the entitlement cut-off date), for affected tangible assets. Another option

may be in-kind compensation where the affected assets would be replaced with an

asset of similar size, value, and quality. The decision as to which type of

compensation is used should be jointly agreed upon between the PMU and the PAPs

and shall be subject to the availability of replaceable assets. Moreover, development

and resettlement transitional assistance needed to restore the livelihood and standard

of living of PAPs under the sub-project to pre-project levels shall also be part of the

compensation component of any resettlement plan (i.e. short-term jobs, subsistence

support, moving allowance, salary maintenance, food assistance, etc).

It should be noted here that compensation for losses in communal property shall only

be in-kind for the community as a whole, and shall take the form of reconstruction of

the affected or damaged facility (i.e. public school buildings, markets, etc) to at least

the same standard prior to the project’s implementation.

As part of the resettlement process, a resettlement matrix identifies the expected

negative impacts from the sub-project, the eligible persons for compensation, and the

compensation policy that is to be applied. Since MWFP is still in the appraisal stage,

and plenty of the detailed implementation activities have not be defined, the attached

entitlements matrix in Annex II may serve as a generic tool for identifying the

possible losses arising from the project and the respective entitlement benefits of the

PAPs. However, it should be noted that the impacts assessment performed concluded

that none of the types of loses in the entitlement matrix will be encountered by local

communities within the project site. It is thus believed that the proposed mitigation

measures will provide all the necessary actions to mitigate any potential negative

impact.

3

According to Law no. 21 of 1995, EC should be in charge of estimating the value of compensation as

previously mentioned. Fair compensation is a constitutional condition for lawful expropriation

according to article 1166 of the Civil Code No. 19 / 1992.


22

In general terms and in projects where OP 4.12 is triggered, measures should be

considered to ensure that PAPs are:

Informed about their options and rights;

Consulted on, offered choices among, and provided with technically and

economically feasible resettlement alternatives; and

Provided with prompt and effective compensation at full replacement cost for

losses of assets attributable directly to the project.

If the impacts include physical relocation, the project includes measures to ensure that

the PAPs are:

Provided assistance, such as moving allowances, during relocation; and

Provided with residential housing, or housing sites, or, as required, agricultural

sites for which a combination of productive potential, location advantages, and

other factors are at least equivalent to the advantages of the old site.

Where necessary to achieve the objectives of this policy, the RAP/ARP also includes

measures to ensure that PAPs are:

Offered support after displacement, for a transition period, based on a reasonable

estimate of the time needed to restore their livelihood and standards of living;

Provided with development assistance in addition to compensation measures; and

Provided with land preparation, credit facilities, training, or job opportunities.

1.7 Organizational Arrangements for Entitlement Delivery

1.7.1 The World Bank

In meeting the objectives of the Bank’s policy on Involuntary Resettlement, the Bank

may at a Borrower’s request support concerned entities by providing:

Assistance to assess and strengthen resettlement policies, strategies, legal

frameworks, and specific plans at a country, region or sector level;

Financing for technical assistance to strengthen the capacities of agencies

responsible for resettlement, or of affected people to participate more effectively

in resettlement operations;

Financing for technical assistance for developing resettlement policies, strategies,

and specific plans, and for implementation, monitoring, and evaluation of

resettlement activities; and

Financing for the investment cost of resettlement.

Along the RAP/ARP cycle, the Bank is also responsible for:

Screening findings and advice on the need for RAP/ARP and whether or not other

remedial actions need to be taken;

Approving the developed RAP/ARP prior to the execution of sub-projects or

expropriation activities;

Contracting the external monitoring consultant; and

Reviewing monitoring reports and sending feedback to the PMU.

1.7.2 The Project Management Unit (PMU)

Along the Project Management Unit (PMU) is responsible for:


23

Screening the project activities to check if any activity will result in land

acquisition and involuntary resettlement;

Hiring resettlement consultant for the preparation of the RAP/ ARP;

Preparing the ToRs for the LRC;

Following up on the formation of committees and coordinate with the local

authorities;

Ensuring the interest of PAPs, particularly the vulnerable groups, are well

addressed by the RAP/ARP;

Sending RAP/ARP for WB approval;

Facilitating the different consultation activities;

Participating in responding to the grievance and work towards solving related

issues;

Overseeing/monitoring the progress in resettlement preparation and

implementation through reviewing regular progress reports;

Reporting regularly to the WB on resettlement activities (RAP/ ARP

implementation);

Keeping records and documentation and ensure data compilation in a way that

facilities the task of the external monitoring the process as part of the monitoring

activities (e.g. grievance process and action taken);

Participating in preparing the external monitoring consultant ToRs according to

the WB standards;

Building the capacities of the local resettlement mechanisms on PAPs consultation

techniques; and

Reviewing the external monitoring report.

1.7.3 Local Authorities (Local Councils)

The Local Councils are the key governmental authority of relevance to the execution

of the resettlement program. Their responsibility in the RAP/ARP execution should

involve:

Coordinating with other governmental organizations of relevance to the

resettlement program (GALSUP, MoPWH)4;

Following up on the resettlement process;

Following up on the imbursement of compensation and the provision of the

development assistance;

Ensuring that PAPs are consulted and their concerns and interests are considered;

and

Through participation in the different committees, playing a role in facilitating

responsiveness to the PAPs grievances.

1.7.4 Non Governmental Organizations (NGOs)

NGOs are key players that should be involved to ensure the efficiency of the

resettlement activities and that they are designed and implemented in a manner which

is sensitive to the interests of poor and vulnerable groups. In addition to the necessity

of NGO representation in the committees, NGOs are also recommended to participate

in:

4 Representatives from these organizations as well as any other organizations of relevance should be

represented in the LRC.


24

Coordination for the provision of supporting facilities/loans/ employment/capacity

building programs, etc. based on the PAPs’ needs;

Facilitation of access to the most vulnerable groups and ensuring fair

representation of different social subgroups (e.g. women, youth, children, etc.);

and

Raising funds and mobilizing resources to target PAPs as a method for improving

their living conditions post resettlement.

1.7.5 External Consultant(s)

Although it is not expected that OP 4.12 will be triggered as part of MWFP, the input

of an external consultant will be needed along the project if need arises for the

preparation of RAP/ARP. The consultant, in this unlikely case, will be needed to

assist in the following issues:

Resettlement and Capacity Building

Assist PMU in the preparation of the RAP/ARP, particularly designing and

applying the socio-economic survey; and

Prepare training materials and provide the training to LRC members on legislative

issues related to resettlement (particularly OP 4.12) as well as methods for

engaging and consulting stakeholders (particularly PAPs) and monitoring

techniques, and evaluate the training outcome.

Monitoring and Evaluation (M&E)

Verify that project activities have been effectively completed with respect to

quantity, quality and timeliness;

Assess whether and how well these activities are achieving the stated goals and

purpose of the project;

Design monitoring tools;

Carry out all the field surveys, investigation activities and stakeholders

consultations as part of the monitoring process; and

Review monthly and quarterly monitoring reports and other secondary data.

1.8 Implementation Process and Linkage to Civil Works

1.8.1 Resettlement Plans

The process of preparing MWFP resettlement plans, if required, will involve the

following:

Establishing the cut off date and carrying out a census to identify PAPs;

Conducting census and generating information about the PAPs, their entitlements

regarding compensation, resettlement and rehabilitation assistance as required;

Identifying disturbances, especially those affecting income-earning activities, and

properly recording compensation or asset replacement; and

Preparing a time phased action plan with a budget and making provision of

compensation, resettlement, and other assistance as required, based on the census

and inventory of losses, and in consultation with the PAPs.

The Special Purpose Company (SPC) through the PMU and the Social Development

Officer (SDO) shall ensure that following the census, ARP or RAP is prepared for

MWFP activity that triggers resettlement. The PMU may employ a private consultant

to provide valuation services required for the ARP or RAP. This assignment shall be

financed by the project.


25

In case of involuntary resettlement, approval of the new pieces of land to be used for

resettlement shall be sought from the Government of Yemen in consultation with

local communities and affected individuals.

To ensure transparency of procedures, PAPs shall be informed of the method of

valuation used to assess their assets. All payments of compensation, resettlement

assistance and rehabilitation assistance, as the case may be, shall be made in the

presence of the PAPs in question and the local leaders.

1.8.2 Timeframes

The following key timeframes shall apply unless otherwise agreed between the SPC

and SDO, the Resettlement Committee and the PAPs:

That asset inventory shall be completed at most four months prior to the

commencement of work;

That the resettlement plan shall be submitted to Special Purpose Company (SPC)

for approval immediately after completion of asset inventory; and

That civil works shall commence after compensation, resettlement and

rehabilitation activities have been affected.

Timeframes shall be drawn up and agreed upon by all parties including the PAPs.

Compensation payments for acquired land, affected assets and resettlement of

households must be completed as a condition for the taking away of land and before

commencement of the civil works under the MWFP.

Adequate time and attention shall be allowed for consultation of both the PAPs and

host communities before bringing in the newcomers. The actual length of time will

depend on the extent of the resettlement and compensation and will have to be agreed

upon by all parties.

1.8.3 Linking Resettlement Implementation to Civil Works

PAPs will need to be compensated before work on MWFP can begin. The

compensation shall be done in accordance with this Resettlement Policy Framework

and subsequent resettlement and compensation plan(s).

For activities involving land acquisition or loss, denial or restriction to access of

resources, the MWFP will make adequate provisions for compensation and for other

assistance prior to the actual displacement and relocation. The assistance includes

provision and preparation of resettlement sites with adequate facilities.

In particular, land and related assets for MWFP activities may be taken away only

after compensation has been paid and resettlement sites and moving allowances have

been provided to PAPs. For MWFP activities requiring relocation or resulting in loss

of shelter, the project will take measures to ensure that PAPs are assisted and

resettlement program is implemented in accordance with the ARP or RAP.


26

In the Implementation Schedule of the ARP or RAP, details on resettlement and

compensation must be provided. The schedule for the implementation of activities, as

agreed between the PMU/PIU and PAPs must include:

Target dates for start and completion of MWFP civil works;

Timetables for transfers of completed civil works to PAPs;

Dates of possession of land that PAPs are using (this date must be after transfer

date for completed civil works to PAPs and for payments of all compensation);

and

The link between RAP activities to the implementation of the overall MWFP.

When approving recommendations for resettlement during screening, in compliance

with this policy framework, PAPs must confirm that the resettlement plans contains

acceptable measures that link resettlement activity to MWFP civil works. Proper

timing and coordination of the MWFP civil works will be made to ensure that no

affected persons will be displaced (economically or physically) due to civil works

activity. Compensation is paid in full before any MWFP activity can begin.

1.9 Grievance Redress Mechanisms

1.9.1 Objective of Grievance Redress

The grievance redress mechanisms shall be designed with the objective of solving

disputes at the earliest possible time, which will be in the interest of all parties

concerned. World Bank OP. 4.12 emphasizes that the PAPs should be heard.

Therefore, they should be fairly and fully represented in an appropriate way. The

mechanism should implicitly discourage referring matters to a court for resolution.

Like many other rural areas in Yemen, the role traditional institution in resolving

disputes through mediation, customary tribal arbitration, and mutual according is

important in Al Mokha. Customary justice is regarded as less expensive than state

courts. The traditional tribal conflict prevention and resolution system has been and

is remain to be the main and most effective mechanisms for conflict management. It

has a set of comprehensive rules and traditions that prevent conflict by regulating

the use and sharing of resources, prescribe methods for resolving conflicts, and

impose enforcement mechanisms. Most disputes in Yemen are originated form

water right and land ownership. The tradition of collective responsibility governing

tribal culture has helped keep customary laws strong and effective in resolving land

disputes. It has played and continued to play an important role in addressing rural

land needs of public benefits projects in the Yemen.

The grievance procedures will ensure that the PAPs are adequately informed of the

procedure before their assets are taken. A grievance mechanism should be devised in

order for the PAPs to be able to voice their concerns, complaints, or dissatisfaction

with any part of the compensation process and seek redress. This RPF sets the outline

of the grievance mechanism that should be agreed upon and used by the MWFP in

case RAP/ARP is triggered. Simply, complaints can be made concerning the:

Non-fulfillment of contracts;

Compensation entitlement;

Types and levels of compensation;

Compensation policy, acquisition / destruction of land or assets; and


27

Resettlement, or development or transitional assistance.

Grievances should be addressed by traditional and tribal institutions or special

committees might be formed as an independent mechanism for the purpose of

receiving and responding to grievance in order to ensure that PAPs’ grievances are

treated fairly and timely.

The committee should collect and review the grievances (in coordination with the

representative local public official) monthly and the PMU should also play a role in

facilitating the response to these grievances. Particular attention will be paid to

vulnerable groups. It is also very important for the committees to ensure proper

documentation for all grievances and their resolution within a timely manner for the

monitoring process. Capacity building of the local committees is essential in order to

enable them to efficiently implement the different activities under the RAP/ARP.

It is recommended that in order to minimize the cases that are taken to the court and

avoid long and tiring litigation the local social context is careful consider, the

Yemeni customary law consistent with OP 4.12 are followed. However, if the

grievances or other disputes cannot be resolved through customary arrangements and

administrative actions, the PAPs can initiate legal proceedings in accordance with

provincial and national law (Article 51 of the Yemeni Constitution5) and have

recourse to the Appellate Courts and the Supreme Court, but this should be reserved

as a last option. The grievance redress approaches could be divided into proactive and

reactive approaches as illustrated under Figure 1.4 below.

Figure 1.4: Main Approaches for the Grievance Redress

5 A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall be

entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct or

indirect manner.

Grievance Redress Approaches

Proactive approach

a) Widespread disclosure of project

background

b) Clarification of criteria for eligibility

for assistance under the RPF

framework

c) Establishing a committee of

honorable and respected persons

(community leaders, Local Councils,

religious persons, etc.), to review any

grievances that may result from the

project (e.g LRC)

Reactive approach

a) Settle disputes amicably

b) Deal with disputes to the extent

possible at the local level using local

mechanisms, particularly those that

insure vulnerable groups get fair

treatment

c) If disputes cannot be solved at the

local level, the PMU and other

relevant organizations should review

specific complaints. Highly skilled

persons in communication and

dispute resolution should review

PAPs grievances


28

1.10 Sources of Financing for Funding Resettlement

As soon as the activities triggering IR have been identified and approved by relevant

agencies and the WB, realistic cost estimates shall be calculated based on the data

collected from the socio-economic survey on the estimated number of PAPs that are

likely to be affected by the project and the quantity and types of affected assets. The

consultant in charge of the RAP/ ARP preparation shall consider that the budget

should include all of the anticipated impacts under the project and calculate the cost

(compensation, administrative costs and monitoring, support assistance, etc.)

according to actual replacement costs (at market value). The PMU, supported by the

WB, should be responsible for any compensation for land acquisition as well as any

capacity building activities done as part of the RAP/ARP process.

Under the MWFP, it is not expected that RAP/ARP for any of the project components

will be needed. However, some contractual procedures have been proposed by the

ESMP in order to minimize any potential negative impacts on the communities within

the project site. It is expected that these procedures will be fully funded by the

contractor. Other complementary mitigation measures like capacity building and

setting feedback and communication mechanisms have been considered with budget

allocations under the ESMP budget.

1.11 Consultation and Participation

Community consultation and participation will be undertaken from the planning stage

to implementation and monitoring phases of MWFP. Hence consultations and

participations shall be mandatory for all MWFP components requiring: a) land

acquisition, b) compensation and, c) resettlement.

1.11.1 Notification Procedure

The MWFP, through SPC, shall by public notice, and publicly announce in the media

(daily newspapers, national television, national broadcasting radios), notify the public

of its intention to acquire land assigned for the project.

The notice shall state:

a) Government’s proposal to acquire the land;

b) The MWFP purpose for which the land is needed;

c) That the proposal or plan may be inspected by PMU or the offices of

the local authorities in the project district, during working hours; and

d) That any person affected may, by written notice, object to the

transaction giving reasons for doing so, to the MWFP staff (namely the

SDO) with copies to the local authorities and the within 14 days of the

first public announcement or appearance of the notice. Assurances will

be made that affected persons have actually received this information

and notification.

1.11.2 Public Consultation Mechanisms

Public consultation and participation will be an essential feature of MWFP. The

project will use public consultation as a platform for providing an opportunity to

inform its project beneficiaries and other key stakeholders. MWFP will use public


29

consultation and participation to create sense of ownership for the project. The

consultation mechanism will be devised with the aim of providing people with an

opportunity to present their views and values. It will encourage discussion on and

consideration of sensitive social and economic mitigation measures and potential

trade-offs.

In view of the above, the public consultation, within the context of MWFP, will afford

PAPs an opportunity to contribute to both the design and implementation of its

resettlement activities. Particular attention shall be paid to public consultation with

PAPs, households and homesteads, and host communities when resettlement and

compensation concerns are involved and resettlement is unavoidable option. In so

doing, the likelihood for conflicts will be reduced.

As a matter of strategy, the MWFP public consultation shall be an on-going activity

taking place throughout the entire project cycle. Hence, public consultation shall take

place during the:

Project inception and planning;

Screening process;

Feasibility study;

Preparation of project designs;

Resettlement and compensation planning;

Drafting and reading/signing of the compensation contracts;

Payment of compensations;

Resettlement activities; and

Implementation of after-project community support activities.

The MWFP public consultation and participation shall take place through local

meetings, radio and television, request for written proposals/comments, completion of

questionnaires/application forms, public readings and explanations of the MWFP

ideas and requirements.

The MWFP public documents shall be made available in English and Arabic at the

national, local and homestead levels and at suitable locations including the official

residences/offices of village governments and village elders.

The MWFP public consultation measures shall take into account the low literacy

levels prevalent in the rural communities, by allowing enough time for discussions,

consultations, questions, and feedback.

1.12 Monitoring and Evaluation Arrangements

Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have

the following objectives:

Monitoring of specific situations or difficulties arising from implementation and

of the compliance of implementation with objectives and methods set out in the

RAP/ARP;

To verify that project activities have been effectively completed with respect to

quantity, quality and timeliness; and

Evaluation of medium and long-term impacts of resettlement on affected

households’ livelihood, environment, local capacities and economic development.


30

In carrying out all activities related to monitoring, evaluation and supervision,

consideration will be given to the vulnerability issues. The different vulnerable groups

referred to above should be consulted during the monitoring process in order to ensure

that their concerns are handled fairly. Regular monitoring of the RAP implementation

will be conducted internally, by the PMU, as well as externally, by an independent

monitoring agency hired by the WB.

1.12.1 Internal Monitoring

Internal monitoring of the implementation of the project RAPs will be the

responsibility of the PMU which includes a staff member dedicated to monitoring

results. This should be done in full collaboration with locally devised resettlement

mechanisms. The PMU will oversee the progress in resettlement preparation and

implementation through regular progress reports. The PMU should collect

information every month from the different resettlement committees. A database of

resettlement monitoring information should be established and updated monthly.

Quarterly internal monitoring reports should be prepared by PMU and submitted to

the WB. Quarter reports shall include information about the various monitoring

indicators as presented in Box 1.1 below.

A wide range of tools could serve for monitoring purposes. The previously mentioned

socio-economic survey can serve as a participatory tool for defining monitoring

indicators. Moreover, periodic Participatory Rapid Appraisals (PRA) will allow

consulting with the various stakeholders (local government, Local Committees,

NGOs, community leaders and PAPs). They will involve obtaining information,

identifying problems and finding solutions through participatory means, which may

include key informant interviews, focus group discussions (FGD), community public

meetings, structured direct field observation, and in-depth case studies of problems or

success stories.

Box 1.1 Guidelines for the Monitoring Indicators

The main indicators that will be monitored regularly are the following:

a) Checking that the screening activities that have been carried out in order to

determine the need for the preparation of a RAP

b) Payment of compensation to PAPs in various categories, according to the

compensation policy described in the RAP; with special focus on the vulnerable

groups and no discrimination according to gender, tribal backgrounds or any other

factor

c) Delivery of technical assistance, relocation, payment of subsistence and moving

allowances

d) Delivery of income restoration and social support entitlements

e) Public information dissemination and consultation procedures

f) Adherence to grievance procedures and outstanding issues requiring

management’s attention and equality of access

g) Attention given to the priorities of PAPs regarding the options offered

h) Coordination and completion of resettlement activities and award of civil works

contracts

1.12.2 External Monitoring


31

In accordance with WB requirements for consultant procurement, the PMU should

hire an organization for the independent monitoring and evaluation of RAP/ARP

implementation. The organization should be specialized in social sciences and

experienced in resettlement monitoring. The organization should start its work as soon

as the updated RAP has been approved.

The rationale behind hiring an external institution is to ensure that the overall

objective of the resettlement plan is achieved in an equitable and transparent manner.

In addition to reviewing the issues covered by the internal monitoring progress report,

the external agency shall also evaluate and assess:

The competence and effectiveness of the project implementing agencies (PMU);

Adequacy of compensation, development and transitional assistance techniques

provided for the PAPs;

Ability to reach the most vulnerable PAPs;

Consultation and public disclosure of the RAP; and

Effectiveness of the grievance redresses mechanism.

Evaluation, however, is intended to ensure that policies (both Yemeni and the WB’s)

have been adhered to and provide the feedback needed for adjusting strategic

directions. Evaluation, thus, has the following objectives:

General assessment of the compliance of resettlement activities with the

objectives and methods as set out in this RPF;

Assessment of the compliance of resettlement activities with the laws, regulations

and safeguard policies cited above;

Assessment of resettlement and relocation procedures as they have been

implemented;

Evaluation of the impact resettlement and relocation has on incomes and standard

of living, with the focus on the poor and the most vulnerable; and

Identification of actions to improve the positive impacts of the program and

mitigate its possible negative impacts.

While carrying out the evaluation process, the project will utilize:

This RPF as the guiding instrument;

Yemeni laws and regulations as described in a preceding chapter; and

The World Bank’s OP 4.12 on Involuntary Resettlement.

The evaluation of resettlement activities will be part of general assessment and review

activities undertaken for the MWFP as a whole.


32

This Chapter of the RPF identifies the most relevant elements of the Yemeni legal and

institutional framework in respect of property rights and land expropriation. The

Chapter also includes a review of current institutional arrangements, valuation and

compensation methods, grievance and redress procedures, administrative and court

appeal mechanisms, and legal requirements for the disclosure for information. It also

sheds the light on the main issues and challenges related to land management system

in Yemen.

2.1 Main National Legislation that Regulates Land Acquisition

Yemeni Legislation includes several provisions that regulate the process of declaring

land plots for public interest, the provisions for expropriation and compensation and

the definition of rights of owners and use of communal property. The key subjects

related to land property and land acquisition and the main pieces of Yemeni

legislation that deal with them are summarized in Box 2.1 below:

Box 2.1: Issues Related to Land Acquisition and the Yemeni Relevant Laws6

Public Ownership

Yemeni Constitution, Article 18 , 19 and Civil Law, Articles 118, 119, 120

Private Property

Yemeni Constitution, Article 7 , 20 and Civil Law, Articles 1154, 1159

Common Use of Land

Law no 21 of 1995 concerning State Land and Real Estate and The Republican

Decree 170, 1996

Waqf / Endowment Land

Waqf Law no 23 year 1992 and The Republican Decree 99, 1996

Agriculture Land

Yemeni Constitution, Article 7, papra (C) and Civil Law, Articles 761, 765, 770, 1159

Neighborhood Rights

Civil Law, Articles 1161, 1163, 1164

Squatters

Law no 21 of 1995 concerning State Land and Real Estate, Articles 58, 59

Land acquisition issues for the public interest

Law no 1 of 1995 (The Public Eminent Domain Law)

Articles 1, 2 (defining projects for public interest)

Article 4 on the administrative procedures for land acquisition

Article 6 on the mutually agreed procedures for land acquisition

Article 7 on the judicial procedures for land acquisition

Articles 12 – 16 on temporary acquisition

Articles 21, 27 provide general provision on acquisition

6 The source of information presented in Box 2.1 above are cumulative from various previously

prepared RPFs for other projects in Yemen as indicated in the List of References. Several pieces of

laws that were referred to along this chapter have also been reviewed by the consultant.


33

2.1.1 Land Ownership within the Yemeni Legislations Framework

Land ownership is based mainly on the principles of Islamic law (Shari’a law). The

main types of land are categorized in Figure 2.1 below.

Figure 2.1: The Categorization of the Main Types of Land According to Yemeni

Law

2.1.2 Privately Owned Land

Privately owned land covers all land held in private ownership, urban or rural, which

is neither waqf nor miri. It is subject to Sharia Law which dictates that the direct

descendents of the rightful owner will inherit the land on the death of the owner, and

only if this is not possible indirect descendents may inherit it. Private land may be

Freehold, in which case certain interests are owned in perpetuity, or Leasehold, where

certain interests are for a specific period. Other than that, privately owned land is

administered under customary law through a "Title Deed" or other contractual

document signed by a religious authority or a sheikh who is also responsible for

ownership records. While this practice provides for the availability of information on

tenure, boundaries and other features, there is often conflict between these documents

and the details shown in cadastral records. Private land property is also governed by

the constitution and the Civil Law as indicated below:

Box 2. 2: Yemeni Legislations Governing Private Land Property

Constitution

Article 20 Public appropriation of property is forbidden. Private appropriation is unlawful without

judicial decision

Article 7 Paragraph (c)

“Private property shall be respected and protected. Actions contrary to what have been stated

will be taken if and only if it is absolutely necessary and is in the best common interest and

against fair compensation in accordance with the Law.”

Civil Law

Type of Land

Privately Owned

State Owned (miri)

Communal Property

Religious Land

(Waqf)

Land used by Squatters

Land for Neighbor-hood Rights

Other Types of Land

Barren Land

Desert Land

White Land

Marafeq Amaa


34

Article 1159 The article does not give the right to anyone to deprive any other of his property except in

accordance with the provisions of jurisprudence and the procedures described therein, and

against fair compensation in accordance with the law.

Article 1154

“Only the owner of the entity can benefit from it, use it and exploit it as he wishes but within

the limits of the provisions of the Jurisprudence laws.”

However, the practical application to private land management issues confronts many

challenges including:

No full inventory of privately owned land exists;

The growing confusion over communal land and the privately owned land which

result in lack of clarity and conflict;

There is a trend toward increasing private appropriation of communal land;

The overlapping responsibilities between the locally-based traditional systems and

the central government;

The intervention of central government;

There is little public confidence in the Land Registry, mainly in the rural areas

where owners depends on local community leader for obtaining documents / deeds,

which is the base for non-registered land, and Sheiks who are the prime

beneficiaries of land conflict cannot be neutral arbitrators; and

An ineffective court system overburdened with land conflict cases and the absence

of defined classifications for the issues related to land acquisition in the Civil Law.

2.1.3 State–Owned or Government Land (Miri)

This is defined as whatever the State or public bodies actually own, or own in

accordance with the law. Such property shall not be disposed of or confiscated.

Individuals shall not be entitled to the ownership of such property as long as it

remains public. Any other form of property shall be considered private whether

owned by the State or public bodies or owned by an individuals. State-owned land is

discussed in Article 18 and 19 of the Constitution and Articles 118 - 120 of the Civil

Law and Law no. 21 of 1995.

Government land7 is land which was previously the property of the formal Royal

family and was taken over by state upon the formation of Yemen Arab Republic in

1962. It consist of large areas of open land, land for military use, land on which public

service buildings (schools, hospitals and ministries) are built and land granted by the

Government for public utility, i.e. roads and streets.

7 Public property is defined under Article 118 of the Civil Law as: Whatever the State or public bodies

actually own, or owns in accordance with the law, such property shall not disposed of or confiscated.

Individuals shall not be entitled the ownership of such property as long as it remained public other than

this form of property shall be considered as private whether owned by the State or public bodies or

owned by an individuals.


35

Box 2.3: Yemeni Legislations Governing State/Government Land Property

Constitution

Article 19

Public property and assets have certain inviolability, which should be protected and

safeguarded by the state and all civilians. Any infringement or transgression of such

property or assets is an aggression and sabotage against society as a whole. The

perpetrator of such wrong-doing shall be punished in accordance with the Law.

Article 18

Public property, funds, assets and property owned by the state or public body

corporate, and shall be allocated to public benefit in deed or pursuant to a Law or

resolution. Such funds may not be disposed of or be confiscated or put in the

possession of individuals as long as these remain public. Individuals or persons may

benefit from public funds according to the purposes for which they are designed and

in line with the Law. Other than that, funds are private property irrespective of

whether owned by the state body corporate or natural persons.

Civil Law

Article 118 (Defines Public Property as explained above)

Article 119 Public Property shall lose its identity by actually ending the purpose for its use as

Public Property, or in accordance with a law or a resolution or by ending the purpose

for which it has been assigned as public utilization.

Article 120

The State and Public Bodies may deal with its property in all forms of dealings

indicated in the law. Barren lands not owned by any person shall be considered

permissible to all, the State or the individual may possess ownership in accordance to

what is indicated by the law.

Law, No.21 of 1995 concerning State Land and Real Estate

Under this Law, State lands are also deemed to include the following:

White lands: Land which is situated outside the boundaries of official urban plan

and connected with surveyed lands. Such lands are situated within the structural

plans of cities;

Al Muraheq Al Amma: mountains, hills and steep slopes that receive and discharge

rain water and the Great Wadis through which the collected flood water runs;

Coasts: their natural protected boundaries and semi-depopulated islands;

Barren land: open or abandoned land, forests, sand areas and land covered by sand,

where not otherwise the property of an individual; and

Land and estate not owned by an individual and with no inheritors according the

principles jurisdictions of Sharia Law.

2.1.4 Communal Land

Communal land is primarily used for grazing and firewood collection. Customary law

entrusts sheikhs with the management of communal land but there is a trend towards

increasing private appropriation by traditional natural leaders in villages (Sheikhs). In

recent years, as land speculation has increased, especially in areas close to towns

where there is a growing confusion between communal land and the land they own

privately. There is a trend towards increasing private appropriation of communal land.

Customary law entrusts sheikhs with the management of communal lands, primarily

used for grazing and firewood collection.


36

Box 2.4: Yemeni Legislations Governing Communal Land Property

Republican Decrees

Republican Decrees no. (170) of 1996 concerning law no. 21 of 1995 of Lands and

Real Estate:

Defines it as an annex to cultivated land if it is adjacent to it, and if the average height

of the Common-Use Land is not greater than twenty degrees, or similar. If the average

height of the Common-Use Land is greater than this average then the slope must be

measured from the demarcation line between the Common-Use Land and the

adjoining cultivated land such as mountains, mounds, and slopes that constitutes rain

water catchment areas and run-off routes. Among Common-Use Land is the ‘great

rain water run-off route’ which constitutes the main rain water flow route into which

branch routes discharge their content.

Article 2 of the Republican Decree concerning Law No. 21 dated 1995

concerning State land and property, Article 41 of the Law referred to above Provide the following definition: “Common-Use Land are considered to be fully and

completely owned by the State.”

Law no. 21 of 1995 concerning State Land and Real Estate

Article 43

The right of ownership of the ‘Raqabah’ by owners of land which is adjacent to

Common-Use Land does not take effect in accordance with the provisions of the

previous Article (above) until after the expiry of the common benefit rights of

neighborhood in these Common-Use Lands.

Article 44

The right to benefit from Common-Use Land or from parts of it and which is owned

by the State remain to all whether for grazing or logging for firewood or others. The

State cannot violate these rights except when these violations are in the best interest of

all.

Article 46

Cultivated steps that pass through Common-Use Land or those which will be

constructed in future outside the limits of main cities will be considered as private

property of their owners before the issue of this Law.

Articles 163 – 165 of the Republican Decree No. 170 - 1996 (the executive bylaw

of the Law concerning State owned land and properties No. 21) “State Properties Authority or its offices in the governorates is to identify the State’s

Common-Use Lands, fix their positions, calculate their total areas, measure their

slopes and then put them on special maps. Copies of these documents and maps must

then be distributed to Trustees and authenticating offices in each city, and to Property

Registration offices so that no document shall be issued with regards to dealing with

these lands except after securing the express permission of the State’s Properties

Authority.” Those concerned should approach the Authority or its concerned office

with respect to sorting and identification of Common-Use Land they are interested in

accordance with the provisions of the Law mentioned above.

2.1.5 Endowment / Waqf Land

Waqf endowment means “Arrest (freezing) of assets and the disbursement of benefits

(profits, rents etc) in seeking God’s favour.” Waqf is of two types: family Waqf and

charitable Waqf.

There are three main types of Waqf property:


37

1- Inner Waqf: comprising all mosques and their land in urban areas and properties

held in the rural areas whose revenues are used for the benefit of urban mosques;

2- Outer Waqf: comprising all mosques and their land in rural areas used for the

upkeep of mosques and religious institutes in villages; and

3- Private Waqf: land in private ownership where a portion of income is donated for

religious purposes and remains an encumbrance on the land in perpetuity.

Box 2.5: Yemeni Legislations Governing Endowment/ Waqf Land

Constitution

Article 22

Endowments have sanctuary rights, and those responsible for it have the duty of

improving and developing their resources in a manner that fulfils its objectives and

the jurisprudence requirements.

Waqf law no. (23) 1992 and Estates Republic Decree No. (99) 1996 Defines leasing Waqf Lands.

2.1.6 Agricultural Land

Agriculture Land: This is defined as actual cultivated lands or lands that are

prepared for cultivation. The legislations that regulate the management of agriculture

land are Article 7 of the Constitution and Articles 527, 756, 1159, 761, 765 and 770 of

the Civil Law.

Box 2.6: Yemeni Legislations Governing Agricultural Land

Constitution

Article (7) paragraph (c) Private property shall be respected and protected and shall not be infringed except

when justified by necessity and for the public interest, this shall be in return for a fair

compensation according the law.

Civil Law

Article 527

Registering the contracts emphasizes that in selling lands, ownership as a result of

sale shall not be transferred between the contractees or for others except from the time

when the deed of sale is registered in the records prepared for this purpose and in

accordance with the special laws.

Article 756

Permits the leasing of agricultural lands and other type of lands according to the

consent of the contractees.

Article (1159)

It is not permissible for anyone to deprive any other person from his rightful property

except when it is allowed by the jurisprudence law (Islamic Law) and in a manner

stated in this law and with a fair compensation

Article 761, 765 and 770

Defines the terms plantation, farming and irrigation respectively.

2.1.7 Land for Neighborhood Rights

Yemen Civil Law, Article 1161, explains what is meant be neighborhood rights by

stating that an owner must not exercise his rights excessively to the extent of causing

harm to the property of his neighbor, nor should the neighbor blame his neighbor for

any unavoidable harm that may suffer as a result of being neighbors. This is regulated

by Articles 1161, 1163 and 1164 of the Civil Law.


38

Box 2.7: Yemeni Legislations Governing Neighborhood Rights

Civil Law

Article (1161): Explains what is meant by neighborhood rights, as above.

Article (1163): If an owner builds a water duct or canal in his property, then it does not become

permissible for his neighbors to use unless after reaching an agreement. Thereafter if

what has been agreed upon is implemented, the participation of the neighbors with the

owner in the cost of construction and maintenance are indications of the satisfaction

of the owner.

Article (1164):

The owner of a land must allow sufficient water to flow through his land to irrigate

pieces of land that are far from the source of water, or to allow the flow of surplus

water for discharge into a nearest discharge point, against affair compensation. If a

piece of land through which passes a water stream suffers harm or damage then the

owner has the right to demand a fair compensation for suffering such harm or

damage. While, on the other hand, an owner who has through his land right of flow or

discharge cannot prohibit the normal flow even if it causes harm.

2.1.8 Laws Governing Squatters

Squatters are those who undertake controlling for any Lands or Estates which are

owned by the State. Law 21 of 1995 on Land and Real Estate is the most important

law that deals with squatters and their rights, particularly under Articles 58 and 59 as

stated below. In particular the rights of squatters are seen to have potential relevance

to the project (as explained in section 1.1.4 above).

Box 2.8: Yemeni Legislations Governing Rights of Squatters

Law no. 21 of 1995 on Land and Real Estate

Article 58: Every normal or legal person has undertaken controlling before the issuance of this Law for

any Lands or Estates which are owned by the State, is considered aggressor and shall be

punished by the punishment which is stipulated in the Article No (48) of this Law, and it

shall be exempted from this punishment everyone has initiated by writing informing the

Authority for what he/she is controlling provided that the informing shall contain statement of

the Land Site, its area and any another information, and what has been created in this Land by

him/her after the aggression, during a maximum period of three months begins from the

announcement date which is issued by the Authority through the different media, anyone has

delayed of this deadline would be treated as aggressor on what he/she is controlling of Lands

and the Authority in coordinating with the security and judiciary bodies shall undertake the

ensuring measures for recovering the land by legal methods and pursuit the aggressors and

handing them to the judiciary.

Article 59:

Every one of those controllers has informed the Authority on time according to the Provisions

of Previous Article, the right for purchasing or renting for the land, which is controlled by

him/her. If the land use was contrary of the detailing designs, he/she has the right to get

another plot as alternative in the area to fulfill the objective of the previous land use, which

he/she was intending to implement this objective as much as possible, and it a Technical

Committee shall be formed for estimating the selling or renting prices of these Lands


39

according to the principles and standards which shall be set forth by the Minister's Decree for

formation the Committee with due consideration of the situations of limited income holders.

2.1.9 Other Types of Land

Barren Lands: defined as open left lands or lands that are deserted

Desert Lands: sandy lands, or lands that are covered with a sandy layer

White Land: lands that are situated outside the boundaries of the detailed plans

and that are connected with surveyed lands, such lands are situated within the

structural plans of cities

Al Murafeq Al Amma: mountains, hillocks and inclinations that receive and

dispose rain water. Great Wadis through which the collected flood water runs are

considered as part of Al Muraheq al Amma

2.2 Land Acquisition: Key Issues and Procedures (Law 1 year 1995)

Law No. (1) of 1995 “The Public Eminent Domain Law” aims at locating and

identifying State Lands and Estates8, and putting into place plans that identify such

lands, protect and maintain them by any kind of aggression. Public ownership is

whatever by nature or what has been prepared for public use, after a fair possession

for public interest No. 21 of 1995. It regulates Land Acquisition for the Public

Interest.

According to Article (1) of this law, Ministries, authorities and general institutions

may carry out acquisitions for the public interest when justified by necessity in return

for a fair compensation in accordance with this Law of real estate and all their content

inclusive of land for the purpose of the execution of projects that bear public interest.

Article (2) of the same Law states: "Projects of Public Interest” as all that is related to

vital projects that have no other alternatives like 1) water sanitation installations,

sites of mineral, oil, and gas resources, airports, harbors, dams and irrigation and

water supply projects and 2) shelters, trenches and access and all types of installations

required by security and defense and vital projects which have other alternatives

like 1) mosques, cemeteries/graveyards, schools, institutes, universities, hospitals,

military camps/barracks, police stations, slaughter houses, orphanages, roads and

markets, 2) industrial zones, agricultural installations, electricity projects,

communications and postal services 3) national parks, squares, sport clubs, cultural

centers, tourist facilities, housing installations and construction works and projects

that are related to the executions of approved development and investment plans.

Article (3) of the same law states that, in all cases, the act of acquisition of properties

of citizens is only reverted to when it is found that no property owned by the state

satisfies the purpose for which the act of acquisition is carried out.

8 Lands and Estates where ownership belongs to the state; or that prove to be owned by the state

according to document, deeds, or any other legal justification, or barren lands, forests and jungles if

they are not a permanent property of an individual, or coast and their natural protected boundaries and

semi depopulated islands, or lands and estates that are not owned by an individual, and which have no

inheritors according the principles jurisdictions of the Sharai'ah Law or, finally, any lands that are

considered according to the jurisdictions of the existing laws a State property.


40

Figures 2.2 Types of Land Acquisition Procedures and the Regulating Laws

Annex III of the RPF provides summary of the articles related to the administrative,

judicial, amicable and temporary acquisition. Annex III also includes more general

articles from Law 1 year 1995 on acquisition procedures.

2.3 Institutional Arrangements

2.3.1 General Authority for Land Survey and Urban Planning (GALSUP)

Subject to law of Land and Real Estates no. 21 of 1995, the General Authority for

Land Survey and Urban Planning (GALSUP) was established under the Presidential

Decree no. 35 of 2006 which merged the Survey and Notary Public Authority with

Planning Department (formerly an affiliate of General Works & Roads) in General

Authority for Land Survey and Urban Planning (GALSUP) which became responsible

for all land related tasks; planning, preparation, concession/ ownership contracts,

notarization and executing expropriation process with assistance from technical

experts contracted by the concerned ministry. GALSUP encompassed the following

departments:

Land Department This department is in charge of site inspection of the lands to be

issued for sale, presentation of technical reports about the safety

and borders of the site prior to reference to authentication

department and finalization of all legal and financial measures.

Planning

Department

This department is chaired by an engineer and assisted by

engineers who are responsible for preparation of layouts, their

reference to the planning department, setting out in land and

photogrammetry.

Notary Public

Department

Registration of the estate property in the owner’s name,

priorities and facilities.

Control and

Inspection

Department

This is one of the important offices for its daily follow-up and

control of any violations, whether infringement upon state land,

building on unplanned land/without licenses. It imposes fines

Types of Land Acquisition Procedures

Administrative

Acquisition

Amicable / Mutually

Agreed Acquisition

Judicial Acquisition

Dealt with

through

Articles 4

& 5 of Law

(1), 1995

Dealt with

through

Articles 7:

11 of Law

(1), 1995

Dealt with

through

Article 6 of

Law (1),

1995

Temporary Acquisition

Dealt with

through

Articles 12:

16 of Law

(1), 1995


41

and refers the violators to the prosecution.

Under Decree 35 of 2006, GALSUP is responsible for executing expropriation

process with assistance from technical experts contracted by the concerned ministry.

The Authority will appoint an EC to estimate the property value for those who have

title. If public land is occupied without title, a special Technical Committee set up by

the concerned ministry will assess its value.

2.3.2 The Ministry of Public Works and Highways (MoPWH)

Governmental rural land is administered by the Ministry of Public Works and

Highways (MoPWH). It also overseas the administration of government-owned tribal

land by tribal or village leaders. The office for Public Works and Highways

(represented by the Ministry on the governorate level) plays a vital role in issuing

building licenses according to the recognized legal procedures and measures.

Therefore, building control and citizen’s compliance with laws shall have positive

impact on building safety, non-violation and avoidance of demolition in case of works

on public roads (i.e. road pavement), city reorganization and its consequent layout

changes, owners’ exposure to certain damages and compensation methods undertaken

according to ownership law.

2.3.3 The Ministry of Finance (MoF)

The Department of Public Domain maintains urban land records such as registers of

transactions, sales, and purchase leases.

2.3.4 Local Councils

According to the Local Administration Law (number 4/2002), the Local Councils

represent the executive authority on the level of governorates. This law grants the

right for the local authority to participate in all aspects of health system. According to

this law the administrative bodies at the governorates or directorates, represented by

the elected members of the Local Councils in addition to the Governor or the General

Secretary of the governorate or the directorate are authorized to plan, prepare budgets,

and manage human resources and infrastructure various project including any

associated resettlement that might be encountered.

They are represented by governors. They play a role in the control of resettlement

processes thanks to the executive decrees and instructions of the central organizations

and formalization of informal cases. A significant role was played by the executive

authorities in organizing the resettlement process (involving IR) in many previous

cases in Yemen. Examples of this include a case in Aden Governorate, where

measures were adapted for the displaced persons of Caltex shipping village. The role

played by the governorate included paying compensation to the affected persons. In

Hadramout, the governor also formed high committee headed by Mukalla local

council in order to formalize the situations of squatter residents.

Local Resettlement Committees (LRC) are considered to be local mechanisms formed

by the local authorities in some governorates to deal with resettlement. This

mechanism is a positive model that encourages community participation in solving


42

the resettlement issues. These committees, to a large extent, comply with the WB OP

4.12.

2.3.5 Additional Mechanisms

Under Articles 18 to 20 of the Law of State Lands Real Estates of 1995, the Minister

of Justice established a permanent or temporary EC in every governorate (or for each

individual case) that comprised a judge, who takes the role of chairman, an engineer,

a representative of the expropriating authority, and the owner(s) of the expropriated

real estate or their representative. If there are many owners and they cannot agree on a

representative, he/she shall be chosen on a majority basis, taking into account the

percentage ownership, or selected by the Chief Justice of the Court of Appeal.

When assessing compensation, the EC will therefore take account of:

Prevailing real estate values within the project area.

The condition of plants, buildings and installations, dates of construction, and the

damage to be imposed.

Any resulting improvement in the location of, or benefit from, the remaining parts

of the real estate, or an increase in its value as a result of partial expropriation.

Other factors identified by the EC.

If the remaining portion of a partially expropriated estate becomes useless, the court

should order the expropriation of the whole estate.

In accordance with Article 59 of the Real Estates Law, the EC must recognize the

rights of squatters on public land to receive compensation for involuntary settlement.

Legal guidelines of compensation differ between the different types of expropriation.

For all, compensation payments are to be made prior to commencement of the project

works.

Local authorities in some governorates like Hadramout and Aden also initiated local

resettlement committees (LRCs) which included, inter alia, representatives of the

local authorities, owners’ representatives and some community leaders. The LRCs

objective was to find solutions for resettlement cases, both those that have already

been done as well as potential cases. Their assistance was focused on individuals who

have no legal documents (squatters). Efforts were made to compensate those

individuals by providing them with access to appropriate sites with basic services.

These procedures and efforts had a positive impact on the resettlement process for

those individuals.

It is worth mentioning that such a local mechanism complies to a large extent with

World Bank safeguard policy (OP 04.12) in terms of encouraging local community

participation in resettlement.

2.4 Main Challenges Related to Land Ownership and Institutional Capacities

Land ownership issues are complex in Yemen, and are beyond the scope of a project

to resolve. Land tenure issues may raise unpredictable legal impediments that can stop

a project or may require removal of already constructed infrastructure to the detriment

of timely project implementation.


43

The customary law of the Yemeni tribes recognizes the importance of avoiding harm

and damage to property. It facilitates actions in order to improve resettlement

implementation. In rural areas, customary law entrusts sheikhs with the management

of communal lands, primarily used for grazing and firewood collection. The Public

Eminent Domain Law (Law 1 of 1995) clearly states that property and/or land

expropriation is to take place only when no suitable public land alternative is

available and fair compensation should be provided. Article 1166 of the Civil Code

no. 19 of 1992 states that no one can be deprived of property except according to

various relevant laws and in exchange of fair compensation.

However, and despite the fact that Yemen may have legal framework and regulations,

practical application is confronted with many challenges including the growing

confusion over communal land and privately-owned land which has resulted in lack of

clarity and a source of conflict. As previously mentioned, there is a trend toward

increased private appropriation of communal land. There is also little public

confidence in the Land Registry, mainly in the rural areas, where owners depend on

local community leader for obtaining documents / deeds, which serve as the base for

non-registered land.

At the current stage, no unique institution is in charge of the resettlement and

compensation issues. These issues are dealt with through a number of institutions as

explained above. GALSUP, MoPWH and the Local Councils are the relevant

governmental organizations that have roles and responsibilities related to land

acquisition, resettlement and compensations. In many cases, the overlapping

responsibilities and the bureaucratic procedures lead to delayed responses to the PAPs

in terms of paying their compensations and listening to their grievances. This, in turn,

may result in a troubling situation and entering into judicial procedures which are

long and complicated. There are usually complaints related to the unfair estimation of

compensation for the various losses in assets. This, in turn, has resulted in lack of trust

among people who are entitled to compensations from the respective authorities.

Within the context of weak governance in Yemen, law enforcement is challenging

and the judicial system also exhibits weaknesses due to the absence of exact

definitions for the issues related to land acquisition within civil law. This calls for

alternative measures to ensure the issues set out and protected by law are addressed.

Thus, it is necessary that the RPF take the social context into account and adapt to

local conditions.


44

This Chapter of the RPF presents the main gaps between the Yemeni legislation of

relevance to land acquisition and involuntary resettlement and OP 4.12 of the World

Bank. The Chapter also propose specific measure to bridge the gas between the two

sets of legislations. The Chapter also presents the capacity building needs in order for

the concerned authorities to apply the proposed measure and implement an efficient

resettlement program.

3.1 Discrepancies between Yemeni Laws and OP 4.12

Many of the Yemeni pieces of legislation comply with the World Bank safeguard

policy OP 4.12. However, some key discrepancies have been identified during the

legislation review and the consultation with stakeholders.

3.1.1 Calculation and Timing of Compensation

Both Yemeni Laws and the World Bank agree on the need for compensation for any

land and structure affected by project activities. Under Yemeni laws, the value of the

affected land or structure is assessed by the Estimation Committee (EC) and payment

is made prior to displacement in case compensation is alternative land. OP 4.12

clearly provides methods to be used to calculate land and/or structure compensation

rates, and requires evidence that these rates are consistent with the policy principle of

full replacement value (please refer to Table 3.2 above). OP 4.12 also states that

payment should be made prior to displacement.

The gap in the Yemeni legislation mainly relates to the practical application of the

law. Previous experience suggests valuation is often substantially below full market

replacement value because no real valuation is done. There is a lack of experience and

the value of equivalent real estate is not properly identified.

Recommended Measures for Bridging the Gap:

Build the capacity of the concerned authority on Bank’s OP 4.12 with the

focus on calculation of compensation at full replacement cost;

For a longer term recommendation, which might be out of the direct scope of

this RPF, longer term strategy and plans to address the weak implementation

mechanisms of the Yemeni organizations should be considered; and

Payment should be made prior to displacement in all cases.

3.1.2 Definition of Affected Persons (PAPs)

The Yemeni legislation (according to Law no. 21 of 1995) includes two main

categories of affected groups, namely legal owners and squatters. OP 4.12, however,

includes all affected people owners/squatters, regardless of the size of the damage

(housing/economic activity) and its extent.


45


All affected people should be eligible for full compensation. Any PAPs from housing

dispossession /economic activity shall be entitled to compensation as stated by the OP

4.12.

3.1.3 Public Participation, Consultation

The Yemeni Constitution, Election Law and Local Administration Law each

recognise the importance of community participation, but no specific procedures or

guidelines on the practical application of community participation are given.

According to Law no. 21 of 1995, PAPs should be informed about the resettlement

decisions through the compensation committees that negotiate with them and gather

information about asset inventory, number of family members, etc. On the other hand,

and according to OP 4.12, displaced persons and their communities are provided

timely and relevant information, consulted on resettlement options, and offered

opportunities to participate in planning, implementing, and monitoring resettlement.

Community participation, thus, is perceived as a key ingredient in the process of

resettlement.


Through the LRC (in case this has been formed) and the FFC, which includes

representatives from various stakeholders, PAPs could be consulted and participate in

selecting the preferred resettlement alternatives that suit them.

Efforts should be made to ensure sharing of information on the resettlement process

and the options for compensation and consulting APs during the different stages of

the resettlement process (planning, implementation, monitoring, etc.) as stated in OP

4.12. The PMU should play a role in facilitating the consultation activities and in

ensuring that PAPs’ preferred options are addressed through employing participatory

planning and decision making to be applied in resettlement options and compensation.

PMU also should work to ensure timely transparent information sharing, particularly

information related to the cut-off date and paying compensations.

3.1.4 Grievance Mechanisms

Under Article 51 of the Constitution, any citizen may resort to the court for the

protection of his right and legitimate interests, and is entitled to lodge complaints,

criticisms, and suggestions to state entities and organizations, directly or indirectly.

The Yemeni law provides for the right of grievance before the Estimation

Committee/courts. To address grievances, PAPs can first seek satisfaction through

local customary practices for resolving conflict. They can then initiate legal

proceedings in accordance with provincial national law. However, there is need for

proper and practical mechanism to address PAP grievances.

According to the OP 4.12, appropriate and accessible grievance mechanisms should

be established in order to ensure that PAPs clearly articulate grievances and that

actions are taken to respond to these grievances.


46


Gaps between the Yemeni law and World Bank requirements on consultation and

grievance mechanisms could be addressed by:

Proper and accessible mechanisms to be established with initiation from the PMU

and with full cooperation from various stakeholders, namely those represented in

the LRC; and

Grievances should be heard prior to resettlement.

3.1.5 Vulnerable groups

Vulnerable groups are inexistent in the Yemeni legislations. According to the Yemeni

Constitution, all people are equal in front of the law and no exceptions are considered.

According to the OP 4.12, the interests of the vulnerable groups should be considered,

especially for those below the poverty line, the landless, the elderly, women, children,

etc.


The PMU should pay great attention to these groups particularly the poorest and

those with unsecured sources of income. PMU should lead the efforts to attract the

attention of various concerned stakeholders, including Local Councils and NGOs.

Vulnerable groups should be consulted meaningfully throughout the project cycle

and assisted in improving their socio-economic condition.

3.1.6 Resettlement assistance

According to Yemeni Legislation, the resettlement compensation is only limited to the

compensation amount valuated by the ad hoc committee, in addition to providing all

the needed services. On the other hand, the WB OP 4.12, affected people are to be

offered support after displacement, for a transition period.


In addition to the paid compensation based on the decision of EC and upon the

preferred alternatives for the PAPs, resettlement assistance during the transition

period should also be considered, as well as the provision of all services for

resettlement area.

3.1.7 Rights of Squatters

Yemeni law recognizes the rights of squatters on public land to receive compensation

in the event of involuntary settlement, but enforcement is weak.


Build understanding and capacity to ensure that rights of the squatters are

addressed properly;

Include the provision of clear guidance to the EC on how compensation standards

are set and applied; and


47

Raise public awareness of squatters and the public on their rights and

responsibilities to demand their rights from the State as appropriate within laws

and regulations.

3.2 Capacity Building Needs

Capacity building is seen as a major and important guarantee for the efficient

implementation of the RAP/ARP and in order to ensure efficient implementation for

the measures that aim to bridge the identified gaps between the Yemeni laws and OP

4.12.

As mentioned above, many institutions already have a stake in the process (e.g. the

GALSUP, MoPWH, Local Councils). Other mechanisms/community models (e.g.

LRC) already exist or will be introduced/encouraged to participate in order to

implement the RAP/ARP (LRCs, NGOs, Cooperatives, etc.) in the relevant cities, in

case the RPF is triggered. A comprehensive institutional assessment should be

conducted in order to identify the key challenges that they face and the capacity gaps

that they need to fill in order to implement the RAP/ARP.

Under the MWFP, PMU has been established in the MoEE Sana’a where all fiduciary

safeguarding, monitoring and reporting will remain centralized there. The PMU will

play a major role in the implementation of the RAP/ARP guided by this RPF, in case

IR is triggered. Currently the PMU experience related to the involuntary resettlement

is still limited, capacity building on relevant issues related to the execution of the

RAP/ARP is also very important in case IR is undertaken. Tailored capacity building

programs should also target the PMU staff, particularly the Social Development

Officer (SDO) who should be the primary target with the capacity building. M&E

staff within the PMU should also be included in the capacity building program.

The capacity building needs assessment is expected to show findings which are not

merely linked to the need for training on the different subject; a need for institutional

support might emerge. The overlapping responsibilities and a lack of coordination

channels among the organizations of relevance to resettlement and compensation are

key issues of priority. Although this is out of the direct scope of MWFP, unless these

issues are addressed, land management and resettlement programs will remain a big

problem in Yemen.

As part of the proposed capacity building program, training on different relevant

subjects is also essential to enable the various organizations/mechanisms to

implement the RAP/ARP. It is recommended for the training programs to include two

main large modules:

The first is related to the legal part of the resettlement issue

The second should be linked to community participation, which is an essential

ingredient for the RAP/ARP that is prepared under OP 4.12 (as shown in Figure

4.1 below)


48

Figure 3.1 PAPs Consultation and Participation in the RAP/ARP along the

Project Cycle

Although both the modules are seen to be relevant to different institutions, it is

recommended for the LRCs, Local Councils, NGOs or those who might be engaged

in the resettlement process to focus in-depth on the second module as it will be very

much linked to the practical application.

The following topics were identified for training of the concerned organizations:

RPF-Related Issues

Yemeni legislation related to resettlement;

WB OP 4.12 (PAPs, eligibility criteria, assets valuation, compensation,

entitlements); and

The gaps between Yemeni legislation and WB safeguard policy and activities to

fill in those gaps.

(4)

Project

Monitoring &

Evaluation

(3)

Project

Implementation

(2) Project Appraisal

/ Approval

(1) Project Identification /

Preparation

Project

Cycle

Communities (PAPs) are

informed about the approved

RAP/ARP

PAPs will be part of the

compensation contracts

PAPs will be given the chance

to express grievance and

redress

Ensure PAPs views and

concerns are concerned

Participate in evaluating

the RAP/ARP process

by being consulted

PAPs participate in the

introductory meetings

PAPs are informed about

the project and RPF

PAPs are consulted during the

socio-economic survey


49

Methods for Engaging and Consulting Stakeholders (particularly PAPs)

Community participation tools (PRAs tools, Social Assessment surveys, etc.)

Developing social mitigation measures

Communication skills

Dispute resolution

Community mobilization

Awareness raising techniques

Monitoring and evaluation (tools and techniques)

IT training (word processing, data analysis and internet)

Documentation and report writing


50

Annex I: The Process of RAP/ARP preparation and the different resettlement

steps within the project cycle.

Introduction to RAP/ARP

The RAP/ARP is the most important resettlement instrument that will be applied

should IR be undertaken. RAP/ARP should assess the number of PAPs, propose

alternative locations for the sub-projects if possible, identify the eligibility criteria,

include provisions for compensation and assistance, and address the means by which

the project monitoring and evaluation will take place to ensure that the PAPs receive

their compensation and that their grievances are heard and addressed. The mitigation

measures and compensation policies proposed in the RAP shall be disclosed to the

PAPs for feedback and comments.

Once the project activities under the MWFP have been identified, they should be

screened by the PMU to determine whether or not they will necessitate the

involuntary resettlement of people within the determined project area. Most likely, no

need for IR will arise along MWFP cycle, consequently the whole process of

RAP/ARP will not be applicable. However, for the purpose of this RPF, the following

section will present the main steps for the preparation of the RAP/ARP.

According to Annex A of the WB’s OP 4.12 on IR, the sub-project RAP should the

following design criteria:

Box I: Design Criteria for RAP

A description of the sub-project and a discussion of how the displaced will

maintain or upgrade their living standards

Identification of potential impacts

Objectives of RAP

Site selection for new settlement, along with relocation risks and

reconstruction;

A census survey of displaced persons and valuation of assets

Relevant findings of the socio-economic study

Legal framework

Institutional framework

Eligibility criteria and eligible PAPs

Valuation and compensation for losses

Services offered after relocation (e.g. employment , electricity, etc.) based on

an assessment of their needs

Resettlement measures

Site selection, site preparation, relocation, provision of services (facilitation of

relocation)

Housing, infrastructure, and social services

Environmental protection and management

Community participation

Integration with host populations

Grievance procedures

Organizational responsibilities and timetable (what institution is responsible

for implementation of the relocation)

Implementation schedule


51

Costs and budget

Monitoring implementation and outcomes

Evaluation

The same reference also highlighted the key minimum elements that an abbreviated

plan (ARP) should covers. This is listed in Box 3. 2 below.

Box II: Minimum Elements to be included in ARP

Project activities requiring acquisition of land or other assets with required

details such as sketch maps

A census survey of displaced persons and valuation of assets

Officially certified enumeration of the persons affected and the types of

impact

Entitlements, description of compensation and other resettlement assistance to

be provided and the bases of compensation rates

Consultations with displaced people about acceptable alternatives

Institutional responsibility for implementation and procedures for grievance

redress

Time table for implementation of the action

Arrangements for monitoring and implementation

A timetable and budget

RAP/ARP and the Project Cycle

PRA/ARP during Project Identification

Project Screening

During the screening phase, cadastral information might involve gathering

information about land ownership, structures and uses of the land that would be

directly affected by the works, either temporarily or permanently. This information

shall be verified by a qualified consultant who shall provide written and visual records

and enumerate all economic, residential or other ownerships and uses of the land that

would be affected, along with an estimate of the number of people affected by type of

impact.

This same phase should also include conducting introductory meetings with

communities, including PAPs and vulnerable groups, in order to inform them about

the project and to disseminate the prepared RPF and inform people about their rights

and entitlements.

Preparation of the Socio-economic Survey

Following the identification of the project component that may necessitate involuntary

resettlement, the next step would be prepare a socio-economic study, in which

baseline data within the project’s target areas is collected. The study should be

carried out by a social and resettlement consultant assisted by the local community

leaders. It should examine the nature of the impacts; the socio-economic and cultural

setting, local organizations, and social risks, total land holdings, affected assets as

well as the indicators that would ensure that the project affected people, at minimum,

regain their former quality of life or, preferably, are enabled to improve it. The


52

information should be collected from PAPs and related household members or

dependents. This information will be put in writing and used in the preparation of the

RAP and in determining the appropriate compensation and assistance for each

affected individual / household. Box 3. 3 below shows the objectives of socio-

economic survey.

Box III: The Socio-economic Survey Objectives

Introduce the project to the PAPs

Collect census data to identify PAPs on the individual and household levels

Description of the affected households including information about livelihoods

and production and labor systems, standards of living and an analysis of their

legal rights and informal entitlements and any issues of potential conflict

Collect census data to identify vulnerable and severely affected PAPs

Collect census data on the overall socio-economic environment of the affected

communities

Statement of the magnitude of the expected loss (total or partial) of assets and

the extent of physical or economic displacement

Identify stakeholders

Identify impacts of the sub-project on the livelihoods of the PAP (i.e. property,

structures, income, etc.)

Identify any concerns or worries the PAPs may have

Identify the resettlement preferences of the PAPs

Preparation of RAP/ARP

For projects that will trigger IR and will require the preparation of the RAP/ARP,

their preparation should be considered prior to the appraisal phase. The preparation of

the RAP/ARP should consider the key design criteria previously presented in Boxes

3.1 and 3.2 above.

RAP/ARP during Project Appraisal

The prepared RAP/ARP needs to be reviewed by an appraisal committee from the

project team as well as other relevant local or central authorities and then sent for

final approval by the Bank. The RAP/ARP will include the proposed mitigation

measures and this will help in making a decision as to whether or not the project shall

be implemented. The prepared RAP/ARP shall take into consideration the

communities concerns and worries raised in the process of putting together the socio-

economic survey. The WB should clear the RAP/ARP and approve it for

implementation.

RAP/ARP during Project Implementation

1- Prior to the project implementation, PAPs that have been determined to be eligible

for compensation should be compensated in accordance with the approved project’s

RAP/ARP. This includes providing the PAPs with cash compensation, preparing the

resettlement sites with the adequate structures and facilities, and / or providing

different development and transitional assistance measures to assist the displaced

persons.

2- A cut off date should be determined by one month from the disclosure of the

census and contradictory verifications of the census by the PAPs. Persons who


53

encroach onto the area after the cut-off date are not entitled to compensation or any

other form of resettlement assistance. Affected individuals, households, and

communities, who have been identified earlier under the socio-economic survey, will

be consulted about their compensation preferences.

3- The PAPs will be formally informed through written or verbal notification (in case

some of the PAPs are illiterate) delivered in the presence of at least one public

official. The PMU as well as any local resettlement mechanism that might be

initiated (e.g. Local Resettlement Committee) will arrange meetings with the affected

individuals / households to document the lands acquired by the sub-project throughout

the implementation period and discuss the compensation process.

4- The PAP will be required to sign a contract detailing the acquired land plots and /

or partially or completely affected structures and the corresponding types of

compensation (i.e. cash or in-kind) that have been agreed upon. The signature of the

compensation contracts as well as the actual payments and in-kind transfers shall be

made in the presence of at least one public official from the city authorities. The

contracts may also include contracts on possible transitional or developmental

assistance and income restoration measures that will be given to the PAPs including,

provision of skills training, access to credit, and activities related job opportunities.

5- A grievance mechanism should be devised in order for the PAPs to be able to voice

their concerns, complaints, or dissatisfaction with any part of the compensation

process and seek redress. The RPF sets the outline of the grievance mechanism that

should be agreed upon and used by the project in case RAP/ARP is triggered.

Simply, complaints can be made concerning the:

Non-fulfillment of contracts,

Compensation entitlement,

Types and levels of compensation,

Compensation policy, acquisition / destruction of land or assets,

Resettlement, or development or transitional assistance.

The grievances should be addressed to the previously proposed local mechanisms

(LRC) or special committees might be formed as an independent mechanism for the

purpose of receiving and responding to grievance in order to ensure that PAPs

grievances are treated fairly and timely9. The committee should collect and review the

grievances (in coordination with the representative local public official) monthly and

the PMU should also play a role in facilitating the response to these grievances.

Particular attention will be paid to vulnerable groups. It is also very important for the

committees to ensure proper documentation for all grievances and their resolution

within timely manner for the monitoring process. Capacity building of the local

committees is essential in order to enable them to efficiently implement the different

activities under the RAP/ARP (this will be mentioned in more details below).

World Bank OP. 4.12 emphasizes that the PAPs should be heard. Therefore, they

should be fairly and fully represented in an appropriate way. It is recommended to

minimize the cases that are taken to the court in order to avoid long and tiring

litigation. However, if the grievances or other disputes cannot be resolved through

administrative action, the PAPs can initiate legal proceedings in accordance with

9 The proposed FCC may fill in the purpose of receiving and responding to grievance


54

provincial and national law (Article 51 of the Yemeni Constitution10

) and have

recourse to the Appellate Courts and the Supreme Court but this should be maintained

as a last option. The grievance redress approaches could be divided into proactive and

reactive approaches as illustrated under Figure 3.1 below.

Figure I: Main Approaches for the Grievance Redress

RAP/ARP during Monitoring and Evaluation (M&E)

Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have the

following objectives:

Monitoring of specific situations or difficulties arising from

implementation and of the compliance of implementation with

objectives and methods set out in the RAP/ARP;

To verify that project activities have been effectively completed with respect

to quantity, quality and timeliness;

Evaluation of medium and long-term impacts of resettlement on

affected households’ livelihood, environment, local capacities and

economic development.

In carrying out all activities related to monitoring, evaluation and supervision,

consideration will be given to the vulnerability issues. The different vulnerable groups

referred to above should be consulted during the monitoring process in order to insure

that their concerns are handled fairly. Regular monitoring of the RAP implementation

will be conducted internally, by the PMU, as well as externally by an independent

monitoring agency, hired by the WB.

10

A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall

be entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct

or indirect manner.

Grievance Redress Approaches

Proactive approach

a) Widespread disclosure of project

background

b) Clarification of criteria for eligibility

for assistance under the RPF

framework

c) Establishing a committee of

honorable and respected persons

(community leaders, Local Councils,

religious persons, etc.), to review any

grievances that may result from the

project (e.g LRC)

Reactive approach,

a) Settle disputes amicably

b) Deal with disputes to the extent

possible at the local level using local

mechanisms, particularly those that

insure vulnerable groups get fair

treatment

c) If disputes cannot be solved at the

local level, the PMU and other

relevant organizations should review

specific complaints. Highly skilled

persons in communication and

dispute resolution should review

PAPs grievances


55

- Internal Monitoring

Internal monitoring of the implementation of the project RAPs will be the

responsibility of the PMU which includes a staff member dedicated to monitoring

results. This should be done in full collaboration with locally devised resettlement

mechanisms. The PMU will oversee the progress in resettlement preparation and

implementation through regular progress reports. The PMU should collect

information every month from the different resettlement committees. A database of

resettlement monitoring information should be established and updated monthly.

Quarterly internal monitoring reports should be prepared by PMU and submitted to

the WB. Quarter reports shall include information about the various monitoring

indicators as presented in Box 3. 4 below.

A wide range of tools could serve for monitoring purposes. The previously mentioned

socio-economic survey can serve as a participatory tool for defining monitoring

indicators. Moreover, periodic Participatory Rapid Appraisals (PRA) will allow

consulting with the various stakeholders (local government, Local Committees,

NGOs, community leaders and PAPs). They will involve obtaining information,

identifying problems and finding solutions through participatory means, which may

include key informant interviews, focus group discussions (FGD), community public

meetings, structured direct field observation, and in-depth case studies of problems or

success stories.

Box IV: Guidelines for the Monitoring Indicators

The main indicators that will be monitored regularly are the following:

a) Checking that the screening activities that have been carried out in order to

determine the need for the preparation of a RAP

b) Payment of compensation to PAPs in various categories, according to the

compensation policy described in the RAP; with special focus on the vulnerable

groups and no discrimination according to gender, tribal backgrounds or any other

factor

c) Delivery of technical assistance, relocation, payment of subsistence and moving

allowances

d) Delivery of income restoration and social support entitlements

e) Public information dissemination and consultation procedures

f) Adherence to grievance procedures and outstanding issues requiring

management’s attention and equality of access

g) Attention given to the priorities of PAPs regarding the options offered

h) Co-ordination and completion of resettlement activities and award of civil works

contracts

- External Monitoring

In accordance with WB requirements for consultant procurement, the PMU should

hire an organization for the independent monitoring and evaluation of RAP/ARP

implementation. The organization should be specialized in social sciences and

experienced in resettlement monitoring. The organization should start its work as soon

as the updated RAP has been approved.

The rationale behind hiring an external institution is to ensure that the overall

objective of the resettlement plan is achieved in an equitable and transparent manner.


56

In addition to reviewing the issues covered by the internal monitoring progress report,

the external agency shall also evaluate and assess:

The competence and effectiveness of the project implementing agencies (PMU)

Adequacy of compensation, development and transitional assistance techniques

provided for the PAPs

Ability to reach the most vulnerable PAPs

Consultation and public disclosure of the RAP

Effectiveness of the grievance redresses mechanism

Evaluation, however, is intended to insure that policies (both Yemeni and the WB’s)

have been adhered to and provide the feedback needed for adjusting strategic

directions. Evaluation, thus, has the following objectives:

General assessment of the compliance of resettlement activities with the

objectives and methods as set out in this RPF

Assessment of the compliance of resettlement activities with the laws, regulations

and safeguard policies cited above

Assessment of resettlement and relocation procedures as they have been

implemented

Evaluation of the impact resettlement and relocation has on incomes and standard

of living, with the focus on the poor and the most vulnerable

Identification of actions to improve the positive impacts of the program and

mitigate its possible negative impacts

While carrying out the evaluation process, the project will utilize:

This RPF as the guiding instrument

Yemeni laws and regulations as described in a preceding chapter

The World Bank’s OP 4.12 on Involuntary Resettlement

The evaluation of resettlement activities will be part of general assessment and review

activities undertaken for the MWFP as a whole.

From the presentation above, Figure 3.2 below visualizes the different steps related to

the RAP/ARP along the project cycle.


57

Figure II: RAP/ARP along the Project Cycle

(4)

Project Monitoring

& Evaluation

(3)

Project

Implementation

(2)

Project Appraisal /

Approval

(1)

Project

Identification /

Preparation Project

Cycle

Review RAP/ARP

Approve RAP/ARP

Form and build the capacities of

Local Committees

Sign Compensation contracts

Pay Compensations

Establish grievance mechanism

Internal monitoring for

Resettlement activities and

RAP/ARP Process

External monitoring for

Resettlement activities and

RAP/ARP Process

Screening (land surveying and

planning)

Socioeconomic survey

Prepare RAP/ARP

ANNEX II: ENTITLEMENT MATRIX FOR AFFECTED PERSONS

Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues

Agricultural Land

Loss of arable

and grazing

agricultural

land or access

to it

Permanent

(complete or

partial) loss of

arable and grazing

land located in the

sub-project site

Farmers / Individuals

who have formal legal

ownership rights to

land

Provide cash compensation at

replacement cost for the lost land11

plus

the cost of preparing the land to levels

similar to those of the affected land, plus

the cost of any registration and transfer

taxes.

Provide cash compensation for loss of

crops or trees at replacement cost.

A list of available arable and

grazing land in each affected

commune

A list of PAP and entitled

persons

Consultations and formal

agreement with PAPs on type

of compensation (cash or in-

kind)

If available and requested by

the PAPs and agreed to by the

sub-project and concerned

authorities: provide equivalent

land nearby, of similar size,

value, and quality

In case of relocation, provide

assistance to farmers during and

Loss of arable

and grazing

agricultural

land or access

to it

Permanent

(complete or

partial) loss of

arable and grazing

land located in the

sub-project site


who do not have formal

legal ownership rights

to land but have

temporary or leasing

rights

Provide development and transitional

assistance in locating new replacement

lease land.



11

Calculated at entitlement cut-off date.


59


Loss of arable

and grazing

agricultural

land or access

to it

Permanent

(complete or

partial) loss of

arable and grazing

land located in the

sub-project site


who do not have any

recognizable legal right

or claim to the land

No compensation for land.

Provide landless PAPs with

resettlement assistance in securing

temporary or lease rights to

replacement land



after the relocation process

Provision of assistance to

farmers to develop new crops

and improve production for

both crops and livestock

Poor and vulnerable PAPs

(including the landless) will not

be displaced until replacement

land is provided

Loss of arable

and grazing

agricultural

land or access

to it

Temporary

(complete or

partial) loss of all

or part of arable

and grazing land

located in the sub-

project site


who have formal legal

ownership rights to

land

No compensation for land if returned to

owner in less than one year.

Provide cash compensation equivalent to

the replacement cost at market price of

renting the land during the temporary

use.


crops or trees at replacement cost and

compensation for loss of net income

from subsequent crops that cannot be

planted for the duration of the lease.

If the temporary loss continues

for more than one year, PAPs

will be given a choice of either

continuing with the temporary

arrangements, or selling the

affected land to the sub-project

at full replacement cost at

current market value

Provision of development

assistance to enable farmers /

land owners to restore land to

its previous condition or better


60


Loss of arable

and grazing

agricultural

land or access

to it

Temporary

(complete or


or part of arable

and grazing land

located in the sub-

project site




to land but have


rights



Provide cash compensation equivalent to

the replacement cost at market price of

renting the land during the temporary

use.


crops or trees at replacement cost and

compensation for loss of net income

from subsequent crops that cannot be

planted for the duration of the lease.

quality by providing measures

to improve land quality in

cases of land being adversely

affected.

Loss of arable

and grazing

agricultural

land or access

to it

Temporary

(complete or


or part of arable

and grazing land

located in the sub-

project site


who do not have any


or claim to the land





Provision of development and

resettlement assistance to

landless PAPs with no legal

rights.

Urban Land (Residential and /or Commercial)


61


Loss of urban

residential or

commercial

non-arable land

or access to it

Permanent

(complete or

partial) loss of

urban residential or

commercial non-

arable land

Individuals who have

formal legal ownership

rights to land


replacement cost of land of equal

size and use, with similar or

improved public infrastructure

facilities and services and located

in the vicinity of the affected land,

plus the cost of any registration

and transfer taxes.

In the case that there are structures

on the land, provide cash

compensation at replacement cost

for the materials used to rebuild the

structures or to partially repair an

affected structure.

A list of available non-

arable land in each

affected commune


persons


agreement with PAPs on

type of compensation

(cash or in-kind)

If available and requested

by the PAPs and agreed to

by the sub-project and

concerned authorities:

provide equivalent land

nearby, of similar size,

value, and quality

Provision of development

and resettlement

assistance, mainly in the

form of transition

allowances for severely

affected PAPs (transition

subsistence allowance for

Loss of urban

residential or

commercial

non-arable land

or access to it

Permanent

(complete or

partial) loss of


commercial non-

arable land

Individuals who do not

have formal legal

ownership rights to

land but have


rights


on the land which have been built by

the users, provide cash compensation

at replacement cost for the materials

used to rebuild the structures or to

partially repair an affected structure.

Provide development and transitional

assistance in locating new

replacement lease land


62


Loss of urban

residential or

commercial

non-arable land

or access to it

Permanent

(complete or

partial) loss of


commercial non-

arable land


have any recognizable

legal right or claim to

the land

Provide no compensation for land.


on the land which have been built

by the users, provide cash

compensation at replacement cost

for the materials used to rebuild the

structures or to partially repair an

affected structure.

Provide landless PAPs with

resettlement and transitional

assistance in securing

alternative commercial or

residential land and to restore

their livelihoods.

food, moving incentive

allowance, assistance in

locating new residential or

commercial leasing, and

income transition

allowance if businesses are

affected).

Loss of urban

residential or

commercial

non-arable land

or access to it

Temporary

(complete or

partial) loss of


commercial non-

arable land



rights to land

No compensation for land if returned

to owner in less than one year.

Provide cash compensation

equivalent to the replacement cost at

market price of renting the land

during the temporary use

Provide cash compensation for loss

of crops, trees, or structures at

replacement cost

If the temporary loss continues

for more than one year, PAPs

will be given a choice of either

continuing with the temporary

arrangements, or selling the

affected land to the sub-project

at full replacement cost at

current market value

Provision of assistance to

enable the land users owners to


63


Loss of urban

residential or

commercial

non-arable land

or access to it

Temporary

(complete or

partial) loss of


commercial non-

arable land


have formal legal

ownership rights to

land but have


rights

No compensation for land if returned

to owner in less than one year.

Provide cash compensation

equivalent to the replacement cost at

market price of renting the land

during the temporary use

Provide cash compensation for loss

of crops, trees, or structures at

replacement cost

restore land to its pre-

subproject condition by

providing measures to improve

land quality in cases where

land is adversely affected

Loss of urban

residential or

commercial

non-arable land

or access to it

Temporary

(complete or

partial) loss of


commercial non-

arable land




the land




crops, trees, or structures at replacement

cost

Provision of resettlement

assistance to landless

PAPs with no legal rights

Structures or Buildings (Commercial, Business, Industrial, or Residential)

Loss of

structures or

access to them

Permanent

(complete or

partial) loss of

structures



rights to the structures


replacement cost which equals the

market cost of materials used to

build a replacement structure with

similar area and quality, or to

repair a partially affected structure,

plus the cost of transporting

building materials to the

construction site, plus the cost of

any labor and contractors’ fees,

plus the cost of any registration

and transfer taxes.

A list of available

structures in each affected

commune


persons


agreement with PAPs on

type of compensation

(cash or in-kind, i.e

relocation)


64


Loss of

structures or

access to them

Permanent

(complete or

partial) loss of


commercial non-

arable land


have formal legal

ownership rights to

land but have


rights (tenants)

Provide assistance in moving and

finding similar and affordable rental

accommodation (this may include

moving allowance and rental

allowance for a transitional period).

A 3-months notice - at

least - to be given to the

tenants.

Loss of

structures or

access to them

Permanent

(complete or

partial) loss of


commercial non-

arable land




the land (squatters and

persons in ownership

dispute)


replacement cost for the structures if

they were built by the users.

Provide assistance in moving and

finding similar and affordable rental

accommodation (this may include

moving allowance and rental

allowance for a transitional period).

The Environmental and

Social Officer may look

into the possibilities of

formalizing the structures

following their repair.

Standing Crops, Trees, and Plants

Loss of

standing crops,

trees, or plants

or access to

them

Permanent

(complete or

partial) loss of

standing

crops, trees, or

plants

Farmers or individuals

who cultivate the land

and who have formal


to the land on which the

crops are


crops, trees, or plants at replacement

cost.

A comparative list of the prices

of agricultural products in

local markets.

A list of tree and plant species

in the commune area.

The sub-project activities


65


Loss of

standing crops,

trees, or plants

or access to

them

Permanent

(complete or

partial) loss of

standing

crops, trees, or

plants




to land on which the

crops are but have


rights (tenants)



cost.

should take into consideration

the cropping patterns and

seasons in order to avoid

partial or complete loss – if

possible.

Loss of

standing crops,

trees, or plants

or access to

them

Permanent

(complete or

partial) loss of

standing crops,

trees, or plants


who do not have any


or claim to the land on

which the crops are



cost.

Income or Access to Income (Commercial, Business, and Industrial Activities)

Loss of source

of income or

access to

source of

income

Permanent loss of

income source or

access to it

Owner or workers in

formal registered

businesses

Provide transitional cash

compensation until new permanent

employment is secured based on net

income (for a maximum period of 6

months).

Provide development assistance to

PAPs (i.e. training in specific areas)

in order to help them to maintain

and/or improve their income

generation potential and access to

gainful employment.

A list of available

commercial, industrial, and

business activities in each

affected commune


persons.

The Environmental and

Social Officer shall assist

in the provision of

development assistance to

severely affected PAPs


66


Loss of source

of income or

access to

source of

income

Permanent loss of

income source or

access to it

Owner or workers in

informal unregistered

businesses

Provide transitional cash

compensation until new employment

is secured based on minimum wage

per month in the respective district

(for a maximum period of 6 months)

Priority shall be given to severely

affected PAPs in the provision of any

relevant employment in the activities

related to the sub-project.

and vulnerable groups (i.e.

design training programs,

formalizing informal

activities, access to credit,

including them in the sub-

project’s contractors’

pecifications wherever

possible).

Loss of source

of income or

access to

source of

income

Temporary loss of

income source or

access to it

Owner or workers in

formal registered

businesses

Provide cash compensation for the

duration of business/income

generation that is disrupted based on

net income.

Loss of source

of income or

access to

source of

income

Temporary loss of

income source or

access to it

Owner or workers in

informal unregistered

businesses

Provide cash compensation for the

duration of business/income

generation that is disrupted based on

the minimum wage per month in the

respective district.

Type of Losses Level of Impact Entitled Person(s) Compensation Policy Implementation Issues

Community Resources


67


Loss of

community

assets or access

to them

Permanent

(complete or partial

loss) of community

physical assets

All members of the

community

Affected land will be replaced in

areas identified in consultation with

affected communities and relevant

organizations and authorities.

Provide alternative or similar

resources to compensate for the loss

of access to community physical

resources

A list identifying

community physical

assets and resources (i.e.,

public hospitals,

markets, fishing areas,

grazing areas, fuel, or

fodder).

If income loss is

expected due to the loss

in any community assets,

compensation for this

loss shall be in the form

of development

assistance to restore the

livelihoods of the PAPs.

Loss of

community

assets or access

to them

Temporary


loss) of community

physical assets

All members of the

community

Restoration of affected community

buildings and structures to original or

better condition


resources to compensate for the

temporary loss of access to

community physical resources

Loss of socio-

economic

and/or social-

cultural

relationships /

networks or

access to them

Permanent


loss) of community

non-physical assets

All members of the

community


enable community members to take

advantage of income restoration

measures noted above.


resources to compensate for the loss

of access to community social

capital.

Identify different forms

of social capital from

PAPs’ point of view (i.e.

social credit, networks,

social cohesion, etc.)

Consultation with PAPs

to identify measures to

rectify the permanent or


68


Loss of socio-

economic

and/or social-

cultural

relationships /

networks or

access to them

Temporary


loss) of community

non-physical assets

All members of the

community


enable community members to take

advantage of income restoration

measures noted above.

Provide alternative or similar resources

to compensate for the temporary loss

of access to community social capital.

partial losses in social

capital.

Source: Adapted from the Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, Safeguard policies

Sector, Egypt, June 2006


69

Annex III: Summary of the registration survey results at Mokha 60 MW Wind Farm Project (MWFP) Site

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

Not available 40 8 1 1478401-

318912 Al Oksh

Abdo Aly Dawd 1

Not available 10 years 32 8 1 1478436-

318884 Al Oksh

Aly Ahmed Zaid

Moghyni 2

No

information

and/or no

signature 12

Not available Long time

ago13

35 - 1

1477911-

318306 Al Oksh

Ahmed Ahmed

Moghbish El Serage 3

No

information

and/or no

signature


ago 40 - 1

1477945-

318365 Al Oksh

Mohamed Ahmed

Moghbish El Serage 4

No

information

and/or no

signature


ago 20 - 1

1477991-

318376 Al Oksh

Ghalep Ahmed Aly

Moghbish 5

No

information

and/or no

signature


ago 40 - 1

1477990-

318370 Al Oksh

Abdallah Ghalep

Ahmed Aly

Moghbish 6

No Not available - 20 - 1 1478020-Al Oksh Abdo Ahmed Aly 7

12 This refers o the cases where surveyors refused to provide the survey team with details and refused to sign the registration survey 13 In cases where "long time ago" is mentioned, this reflects what the surveyors said without determining specific period of time


70

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

information

and/or no

signature

318386 Moghbish

No

information

and/or no

signature

Not available 12 - 1 1478027-

318378 Al Oksh

Mohamed Abdo

Ahmed Aly

Moghbish 8

No

information

and/or no

signature

Not available - 20 - 1 1478040-

318345 Al Oksh

Aly Kaad Ahmed

Aly 9

No

information

and/or no

signature


ago 15 2 1

1478043-

318337 Al Oksh

Kaad Ahmed Aly

Moghbish 11

Uninhibited 54 Uninhibited Uninhibited 1477664-

316433 Al Oksh

11


316241 Al Oksh

Ahmed Abdallah

Tobili 12


315326 Al Oksh

Ahmed Omr

Abdallah Tobili 13

Not available 2 0 years 50 4 1 1477357-

315696 Al Oksh

Aly Said Omr

Abdallah Tobili 14

Not available 2 0 years 45 6 1 1477348-Al Oksh Mohamed Said Omr 15


71

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

315745 Abdallah


315658 Al Oksh

Said Omr Abdallah

Tobili 16


ago 21 7 2

1477034-

318283 Al Oksh

Aly Gaber Mokbil 17


318412 Al Oksh

Aly Awd Ben Awd

Darwish 18


ago 15 7 1

1476943-

318425 Al Oksh

Mohammed Awd

Ben Awd Darwish 19


ago 28 10 1

1475406-

318617 Al Oksh

Ahmed Mohammed

Awd Darwish 21


ago 45 9 1

1477009-

318397 Al Oksh

Salem Moghbish

Moghbish 21


318263 Al Oksh

Said Gaber Abdalah

Moghbish 22


ago 24 4 1

1476544-

318308 Al Oksh

Haael Said Abdallah

Moghbish 23


ago 16 2 1

1476539-

318329 Al Oksh

Mohammed Said

Abdallah Moghbish 24


ago 9 4 1

1476531-

318396 Al Oksh

Aly Mohamed

Abdallah 25


ago 8 3 1

1476512-

318448 Al Oksh

Ahmed Mohammed

Abdallah Moghbish 26

Not available Long time 32 6 1 1476542-Al Oksh Aly Said Abdallah 27


72

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

ago 318320 Moghbish

Not available - 2 1 1476913-

318427 Al Oksh

Abdo Aly Awad

Moghbish 28

Uninhibited - - 20 Uninhibited Uninhibited 1476991-

318360 Al Oksh

29


ago 12 2 1

1475362-

318631 Al Oksh

Ahmed Saleh Abdo 31


ago 20 6 1

1475420-

318688 Al Oksh

Aly Ahmed Saleh

Abdo 31

No

information

and/or no

signature

- - 132 - - 1475676-

318148 Al Oksh

32

Uninhibited - - 28 Uninhibited Uninhibited 1476122-

318007 Al Oksh

33


317488 Al Oksh

Mohamed El sayed

Abdo Mohgep 34


317515 Al Oksh

Gaafr Abdallah

Sayed Abdo

Mohgep

35


317512 Al Oksh

Abd Ellatef

Abdallah Sayed

36

300 - - 1477515-

317301 Al Oksh

A GRAVE 37


73

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #


312951 Al Houlibi

Thabet Naser El

Zohry

38


ago 36 1 1

1478141-

313370 Al Houlibi

Meged Mohamed

Elshikh

39


ago 12 2 1

1478193-

313381 Al Houlibi

Said Omr 41


ago 28 5 1

1478173-

313346 Al Houlibi

Ahmed Mohammed

Elshekh

41


ago 24 2 1

1478147-

313530 Al Houlibi

Mohammed

Mohammed El

zohry

42

Not available - 28 6 1 1478172-

313335 Al Houlibi

Abdallah Zaid 43


ago 9 1 1

1478170-

313459 Al Houlibi

Salma Hezam

44


ago 20 7 1

1478168-

313437 Al Houlibi

Aly Ahmed Ankf 45


ago 2 1

1478620-

312910 Al Houlibi

Abdo Naser El

Zohry

46


ago 28 5 1

1478619-

312935 Al Houlibi

Zaid Naser Elzohry 47


ago 18 2 1

1478598-

312890 Al Houlibi

Naser Mohammed

El Zohry

48

Not available Long time 28 1 1 1478536-Al Houlibi Yahiya Mohammed 49


74

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

ago 313057 Kadbr


ago 48 3 1

1478143-

313546 Al Houlibi

Mohamed Ahmed

Zohry

51

No

information

and/or no

signature


ago 21 1 1

1478233-

313045 Al Houlibi

Salem Abdo Al

Houlibi

51

No

information

and/or no

signature

Not available - 24 - 1 1478272-

313073 Al Houlibi

Noaman Abdo

Tobili

52

No

information

and/or no

signature


ago 28 3 1

1478237-

313006 Al Houlibi

Ahmed Abdo Tobili 53


ago 9 1 1

1478307-

312922 Al Houlibi

Mohammed

Abdallah El Zolemy

54


ago 18 5 1

1478349-

312829 Al Houlibi

Abnaa Mohammed

Mohammed Ghaleb

55


ago 28 3 1

1478355-

312858 Al Houlibi

Mohamed Ben

Mohammed El

Zolamy

56


ago 20 7 1

1478303-

312933 Al Houlibi

Abdallah

Mohammed Zolamy

57


75

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #


ago 20 5 1

1478327-

312932 Al Houlibi

Fateni Mohamed

Abdallah Zolamy

58


ago 12 4 1

1478348-

312804 Al Houlibi

Abdo Ahmed

Abdallah To Tobili

59


ago 12 4 1

1478268-

313047 Al Houlibi

Abdo Abdo Tobili 61


ago 28 3 1

1478291-

313023 Al Houlibi

Osman Abdo Tobili 61

Located on

the project

site boarder


ago 28 10 1

1480368-

3149970 Al Serega

Said Aly Dawd

Hassan El Seragy

62

Located on

the project

site boarder


ago 20 3 1

1483334-

314926 Al Serega

Zaid Said Aly Dawd

Hassan El Seragy

63

Located on

the project

site boarder


ago 20 1 1

1483451-

314497 Al Serega

Mohammed Ahmed

Mohammed El

Seragy

64

Located on

the project

site boarder


ago 16 2 1

1483516-

314567 Al Serega

Ahmed Mohammed

Mohammed El

Seragy

65

Located on

the project

site boarder


ago 65 8 1

1483470-

314438 Al Serega

Ibrahim Ahmed

Mohammed El

Seragy

66


76

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

Located on

the project

site boarder


ago 35 4 1

1483497-

314529 Al Serega

Mohammed

Mohammed Ahmed

El Sergy

67

Located on

the project

site boarder

No

information

and/or no

signature

Not available - 56 5 1 1483497-

314096 Al Serega

Said Mohammed

Ahmed Aly El

Seragy

68

No

information

and/or no

signature

- - 40 - 1 1480675-

313822 Al Serega

Akho Abady Ben El

Seragy

69


ago 28 9 1

1480400-

313334 Al Serega

Abd Ahmed Hedary

El Seragy

71


ago 45 6 1

1480356-

313369 Al Serega

Lahgy Ahmed

Hedary El Seragy

71


ago 28 7 1

1480426-

313293 Al Serega

Mohamed Ahmed

Hedary El Seragy

72

No

information

and/or no

signature


ago 28 2 1

1483137-

313729 Al Serega

Salem Mohamed

Aly El Seragy

73


77

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

No

information

and/or no

signature


ago 20 6 1

1482615-

313719 Al Serega

Mohamed Saleh El

Seragy

74

No

information

and/or no

signature


ago 16 2 1

1483142-

313770 Al Serega

Awad Mohammed

Aly El Seragy

75

No

information

and/or no

signature


ago 20 3 1

1483134-

313716 Al Serega

Mohmmed Aly El

Seragy

76

No

information

and/or no

signature


ago 20 2 1

1483047-

313775 Al Serega

Aly Mohammed

Aly El Seragy

77

No

information

and/or no

signature


ago 20 3 1

1483006-

313798 Al Serega

Feteni Mohamed

Aly El Seragy

78

No

information

and/or no

signature


ago 20 2 1

1483025-

313779 Al Serega

Awd Lahd Aly El

Seragy

79


78

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

No

information

and/or no

signature


ago 80 6 1

1482950-

313794 Al Serega

Ahmed Mohamed

Aly E Sragy

81

No

information

and/or no

signature


ago 20 4 1

1483113-

314407 Al Serega

Ahmed Zaid

Moghbish El Seragy

81

No

information

and/or no

signature


ago 24 1 1

1480674-

313915 Al Serega

Ahmed Mohammed

Mohammed El

Seragy

82

No

information

and/or no

signature


ago 42 2 1

1480679-

313901 Al Serega

Yahiya Mohammed

Mohammed El

Seragy

83

No

information

and/or no

signature


ago 20 2 1

1480697-

313931 Al Serega

ALy Mohammed

Mohammed El

Seragy

84

No

information

and/or no

signature


ago 16 2 1

1480708-

313901 Al Serega

Abd Mohammed

Mohammed El

Seragy

85


79

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

No

information

and/or no

signature


ago 28 4 1

1480679-

313831 Al Serega

Said Mohammed

Mohammed El

Seragy

86

No

information

and/or no

signature


ago 24 2 1

1480713-

313669 Al Serega

Aly Ahmed

Mohammed El

Seragy

87

No

information

and/or no

signature


ago 16 2 1

1480751-

313702 Al Serega

Salem Ahmed

Mohammed El

Seragy

88

No

information

and/or no

signature


ago 12 2 1

1480749-

313706 Al Serega

Mohammed Ahmed

El Seragy

89

No

information

and/or no

signature


ago 20 2 1

1480745-

313712 Al Serega

Said Ahmed

Mohammed El

Seragy

91

No

information

and/or no

signature


ago 20 2 1

1480761-

313722 Al Serega

Abdo Mohammed

Ahmed El Seragy

91


80

Comments

Documents

to prove

ownership

of the house

Date of

settling in

this

household

House

area

(average

m2)

Number of

members

within

household

Number of

families/

household

Household

Coordinates Village

Name of

householder #

No

information

and/or no

signature


ago 20 3 1

1480713-

313584 Al Serega

Awd Talep Kamel 92

No

information

and/or no

signature


ago 9 2 1

1482973-

314127 Al Serega

Aly Zaid Moghbish

El Seragy

93

ANNEX IV: TYPES OF ACQUISITION AND THE REGULATING

ARTICLES OF LAW 1, 1995

1- Administrative Acquisition

Article 4 of law (1) year 1995 states that: Administrative acquisition of real estate

owned by the government entities, authorities, institutions, corporations, and public

companies is carried out in accordance with the following:

Agreement takes place between the two parties on the issue of acquisition where

the question of compensation gets settled.

Any disagreement between the two parties with respect to acquisition is settled

by the respective minister if the parties come under the same ministry. The

Council of Ministers settled any disagreement between the two parties if both

happen to come under different ministries. The ruling of the minister or the

Council of Ministers, whatever the case may be, shall be final and bending.

If two parties did not agree on the question of compensation , then each of them

has the option of applying to the Estimating committee , primarily to Register in

the estate register , to provide an estimate of the compensation as provided for in

this law , and whose ruling shall be final and binding to the two parties.

The agreement of two parties or the decision of the estimating committee shall

constitute the bases for registering in the real estate register after presenting

documented proof that the acquisitioning party had received the compensation

amount and that this amount had been deposited into the department of the real

estate registry or the treasury of the primary court in which domain the real estate

is located, unless otherwise a different agreement exists.

Article (5) of the law referred to above states that these provisions do not apply to real

estate which an endowment, will or graved; since no acquisition may take place

except with a court ruling in accordance with the endowment law.

2- Judicial Acquisition

Articles 7 to 11 of the Law referred the Judicial Acquisition procedure that is either

directly or indirectly related to the project:

a) The party that possesses the legal right to carry out acquisitions must submit an

application for acquisition to the court of appeal of the governorate in which

confines the real estate is located. The application should consist of a description

of the project that will be of common benefit and for which the real estate will be

acquisitioned, a list the registration of names of real owners of the real estate

together with their addresses, location of the real estate, a map showing the area of

land that will required to be acquisitioned, and a statement describing the

underlying motives for acquisition along with all relevant information.

b) The court must set a date to look into the issue of acquisition during a period of

time not later than fifteen days from the date of the application there. The Court

would then notify the Department of the Real Estate Registry to freeze all actions

concerning the real estate.

c) The Court must then check the validity of the statements describing common

benefit, and ascertain that all the conditions do satisfy the ultimate objective, and

that the act of acquisition does not cause any undue unjust. In the event the Court


82

does not agree with the application for acquisition, it would then notify the

Department of the Real Estate Registry to lift the freeze status from this real

estate.

d) The Court assigns the task of estimating the compensation money during a period

of time not exceeding one month from the date of assignment to the Estimating

Committee.

e) The Court looks into and declares its rulings in the acquisition applications

promptly in an equitable and fair manner if it fails to resolve the differences

between the two parties. The party applying for acquisition bears all the expenses

of the application procedures.

f) The acquisitioner pays the compensation money during a period not exceeding

two months in cash through the court, or in kind. If it constitutes his dwelling or

his only source of income, then all these issues must be taken into account when

deciding on compensation matters so that nothing of such vital issues are changed

unfavorably, and that such issues are maintained as they were existing before the

acquisition. The court should then instruct the Department of Real Estate Registry

to register the acquisitioned real estate in the name of the aquisitioner after the

payment of compensation money, or to register the compensation real estate in the

name of the part acquisitioned from, if this party agreed to exchange his original

real estate (subject of the acquisition procedures) with another as compensation.

g) Claims of rights and all other claims of kind do not halt acquisition procedures.

Those proven claims get carried over to post acquisition stage. If ownership

proved to be of others then all relevant documented proof get also carried over to

post acquisition stage, if accepted by the pre-acquisitioned stage actual owner or

else the whole acquisition procedures are repeated all over again.

3- Amicable/ Mutually Agreed Acquisition

a) Article (6) of the law referred to above with respect to “mutually agreed

acquisition” states a number of provisions: The authorities who are entitled to carry

out land acquisition (which incorporate real estate in accordance with article (1) of

the law concerning land acquisition) are required by law to agree with owner of the

real estate in an amicable manner against a compensation in the form of either cash

money or in type , or whatever is estimated by the Estimating Committee that had

been formed in accordance with this law. If the real estate is owned by more than

one person then the approval of all the partners becomes mandatory.

b) The acquisitioning authority notifies the real estate registry to put a sign of ‘no

action required’ on the real estate.

c) The decision of the Estimating committee is final and binding to the two parties.

The decision is also irrefutable if they both have their agreement in writing , or

twenty days have passed since they were informed of the decision without any of

them raising any objection with head of the Estimating committee , assuming that

the delay in raising the objection is because of valid reasons. If any of the two

parties raised objections to the estimating Committee during this grace period

mentioned above then the procedures for amicable acquisition is considered null

and void, in which case the head of the Estimating Committee will be obliged to


83

notify the department of real estate registry to remove the sign of " No action

Required " from the real estate.

d) To be able to register in the real estate Registry the two parties must first reach a

written agreement to the decision of the estimating Committee, or twenty days

should have passed since the decision of the Committee without any of the two

parties raising an objection. The base for registry and acquisition to be legal is to

provide the compensation or register the estate after maximum 30 days from the

written agreement. Otherwise, the owner of the real estate has the right refuse the

acquisition.

e) If the acquisitioner did not pay the acquisitioned from the compensation money ,

nor did he deposit it the department of the Real Estate registry or the treasury of

the primary court in the domain of which is located the real estate , nor did he

register the compensation in the name of the person acquisitioned from in the event

of compensation of type during thirty days from the date of the written agreement

on the decision of the Estimating committee , or the expiry of the twenty days

without any of the two parties raising any objections on the decision of the

Committee , unless otherwise there existed a different agreement , the person

acquisitioned from can then notify the acquisitioner and Department of Real Estate

Registry with his disagreement to the issue of the acquisition , and all related

procedures are then considered null and void.

4- Temporary Acquisition

Articles (12) to (16) of the law referred to above define those procedures which

pertain to Temporary Acquisition.

Those authorities that are entitled by law to carry out acquisition of real estate

(inclusive of land, in accordance with Article (1) of the law referred to above) in

emergency and exceptional cases, e.g. at times of catastrophes and calamities that

necessitate quick response and appropriate action. The concerned authorities in such

cases may decide to carry out temporary acquisition of real estates. They can do so by

issuing a decree from the head of such authority, stating the duration of the acquisition

which as a maximum should not exceed two years from the date of the issue of the

decree.

a) The governor of the Governorate in which is located the named real estate

forms a committee consisting of an engineer, one of his staff, a representative

of the authority who decided to carry out the temporary acquisition, and a

representative of the owner of the real estate. The task of this committee is to

arrange minutes containing a description of the real estate. Photographs, plans,

and whatever relevant data that defines the orientation, shape, and looks of the

real estate are attached with the minutes. The owner of the real estate must be

summoned at an early date to be present during the preparation of the minutes.

The non arrival of the owner at the preset date does not, in any way, affect or

delay the working of the committee and time.

b) The Estimation Committee carries out the procedures of evaluating suitable and

appropriate compensation for the owner of the acquisitioned real estate for the

period of the temporary acquisition, taking into account such matters as the

prevailing rate similar real estates.


84

c) The authority that had acquisitioned the real estate on a temporary basis must

return it to its previous owner at the expiry of the temporary acquisition period.

The owner of the real estate reserves has a right to claim from the authority

compensation for damages that the real estate might have suffered during the

temporary acquisition. The Estimation Committee referred to in the law

mentioned above should settle any difference with regards to compensation

money. The owner of the real estate is entitled to appeal the decision of the

Estimation Committee in the Court of Appeal of the governorate. The Court of

Appeal must then pass its rulings on the appeal during a period not exceeding

three months.

d) If the period of temporary acquisition exceeded two years then the authority that

had temporarily acquisitioned the real estate must apply for its full acquisition.

The owner of the real estate has the option of either demanding the renewal of the

temporary acquisition against new compensation or the full acquisition of the real

estate by the authority concerned. If none of the two optioned materialized then he

becomes entitled to ask the court to return back to him his real estate against

compensation in lie of the delay in time. In all cases the owner is entitled to launch

an administrative and a judicial complaint against the temporary acquisition if he

deems groundless the so called emergency and exceptional circumstances. He may

also launch a complaint against the duration of the acquisition if he felt that it

caused him harm.


85

List of References

Environmental and Social Management Plan and Guidelines Manual, Social Fund for

Development, Safeguard Policies Sector, Egypt, June 2006

Final Resettlement Action Plan, Vietnam Northern Transmission Project, Asian

Development Bank , JUNE 2004

Final Revised Resettlement Policy Framework (RPF), Sana'a, Ministry of Electricity,

Public Electricity Corporation (PEC), Power Sector Support Project (PSSP), August

2005

Final Resettlement Policy Framework, Vietnam Northern Transmission Project, Asian

Development Bank, June 2004

Resettlement Policy Framework for the Water Sector Support Program (WSSP)

(revisions), CES India Pvt Ltd, October, 2008

Resettlement Policy Framework for the Water Sector Support Program (WSSP), CES

India Pvt Ltd, power point presentation (undated)

Resettlement Policy Framework for the Port Cities Development Program (PCDP)

(final draft), Undated paper

Renewable Energy Strategy and Action Plan, Lahmeyer International, June 2008

Resettlement Policy Framework (RPF) for the Rural Energy Access Project (REAP),

EcoConServ, Egypt in association with JET, Yemen, March, 2009

Upgrading Feasibility Study (Draft Report), Al Mokha 60 MW Wind Farm project,

NIP, S.A, Ministry of Electricity and Energy, December 2009

Yemeni legislations related to resettlement and land acquisitions

Yemen Constitution

http://www.amanjordan.org/laws/yemen/c2yemen.htm

http://www.legal-affairs.gov.ye/ar/view_dos.asp

National Information Centre Yemen – Laws and Legislations

http://www.yemen-nic.info/contents/laws_ye/

http://www.amanjordan.org/laws/yemen/c2yemen.htm

http://www.legal-affairs.gov.ye/ar/view_dos.asp

http://www.yemen-nic.info/contents/laws_ye/