1、RESETTLEMENT POLICY FRAMEWORK (RPF)FOR THE LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP) DRAFT REPORT17 October 2011AGRER S.A. Etudes et ConseilsBrusselsLIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)AGRER S.A RESETTLEMENT POLICY FRAMEWORK iTABLE OF CONTEN
2、TList of Tables iiAcronyms/ Abbreviations iiEXECUTIVE SUMMARY iii1. INTRODUCTION: PROJECT DESCRIPTION AND METHODOLOGY 12. PRINCIPLES AND OBJECTIVES OF WORLD BANK OP 4.12 43. LEGAL AND INSTITUTIONAL POLICIES AND GUIDELINES 84. ESTIMATED POPULATION AND CATEGORIES OF AFFECTED PERSONS155. ELIGIBILITY CR
3、ITERIA FOR AFFECTED PERSONS 226. METHODS FOR VALUING AFFECTED ASSETS 237. ORGANIZATIONAL PROCEDURES FOR DELIVERY OF ENTITLEMENTS278. IMPLEMENTATION ARRANGEMENTS 319. GRIEVANCE REDRESS ARRANGEMENTS 3310. FUNDING ARRANGEMENTS 3811. CONSULTATION AND PARTICIPATION MECHANISMS 4612. MONITORING ARRANGEMENT
4、S 4913. DISCLOSURE REQUIREMENTS 51References 52ANNEXESA. ADMINISTRATIVE ANNEXESA-1 TOR A-2 ITINERARY AND CONSULTATIONS AT NATIONAL LEVEL A-3 LIST OF PEOPLE MET DURING FIELD CONSULTATIONSB. TECHNICAL ANNEXES T-1 ENTITLEMENT MATRIX MOA FOR TREE CROP LOSS/ DAMAGET-2 DEVELOPMENT OF RESETTLEMENT (ACTION)
5、 PLANS OR ABBREVIATED RESETTLEMENT PLANST-3 IMPLEMENTATION PROCESS INCLUDING CIVIL WORKST-4 SMALLLHOLDER LAND USE REPORTLIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)AGRER S.A RESETTLEMENT POLICY FRAMEWORK iiLIST OF TABLESTable 1 Comparison between World Bank and Liberian Laws
6、and Mitigation MeasuresTable 2 Total targeted acreage and direct beneficiariesTable 3 Acreage and direct beneficiaries targeted by Project year Cacao/ coffeeTable 4 Acreage and Direct beneficiaries targeted by Project year - rubberTable 5 Acreage and direct beneficiaries targeted by Project year oil
7、 palmTable 6 Eligibility criteriaTable 7 General guidelines and methods for costs preparationTable 8 Eligibility criteriaTable 9 Entitlement MatrixTable 10 Proposed schedule for Grievance RedressTable 11 Itemisation of budgetACRONYMS AND ABBREVIATONSCDA Cooperative Development Agency EPA Environment
8、al Protection AgencyEPO Equatorial Palm OilESMF Environmental and Social Management FrameworkESMP Environmental and Social Management (Mitigation) PlanEU European UnionFO Farmer OrganizationGOL Government of LiberiaHa hectareLISGIS Liberia Institute of Statistics and Geo-Information ServicesMARCO Mo
9、rris American Rubber CompanyMLME Ministry of Lands, Mines and EnergyM(b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the proj
10、ect to share in project benefits. Displaced persons3should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;(c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at le
11、ast to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.The RPF addresses the issues of estimated population and categories of project affected people (PAP), the consultation and participation mechan
12、isms, their eligibility criteria and methods for valuing their assets, the organizational procedures for the delivery of entitlements, implementation, funding, grievance redress mechanism and M (ii) Institutional Building and Preparation of Future Large Scale Tree Crop Development Program; and (iii)
13、 Project Coordination and Management.ComponentsComponent 1: Smallholder Tree Crop Revitalization Component one has three sub-components focusing on cocoa, coffee, oil palm and rubber revitalization. The activities to be implemented under the component include rehabilitation of existing small farms,
14、new planting, and promotion of improved marketing and value chain system. Other activities include the strengthening of farmer-based organizations at all levels through provision of technical and managerial advice, capacity strengthening of commercial banks to provide financial services appropriate
15、to the needs of small holder farmers and development of nurseries at the village level and seed gardens. To enhance the FOs bulking and marketing functions, the project would enhance FOs abilities to access finance from internal and external sources. The component will also support the establishment
16、 and strengthening of farmer organizations (oil palm blocks associations, cooperatives); (iv) provision of training and technical advice to small farmers; (v) limited infrastructure rehabilitation (access roads and related small bridges and drainage structures) wherever it is critical to provide acc
17、ess to groups of farms; and (vi) the establishment of small scale processing facilities for the farmers run plantation -where no modern mills are present.Component 2: Institutional Building and Preparation of Future Large Scale Tree Crop Development Program The component would aim at: (i) strengthen
18、ing the main public and private institutions involved in project planning, coordination and implementation, particularly: the MoA; the Cooperative Development Authority (CDA); institutions in charge of securing access to land (Ministry of Lands, Mine and Energy -MLME; Land commission -LC) and of agr
19、iculture research; (ii) preparing a follow-up large scale smallholder tree crop development program; and (iii) contributing to the strengthening and effective performance of the MoAs Programs Management Unit (PMU) that serves all projects implemented by the MoA, and of which the project coordination
20、 team would be part. The component has three main sub components: (a) Institution Building (b) Preparing Future Large Scale Smallholder Tree Crop Development Programs and (c) Project Preparation Facility.Component 3: Project Coordination and Management The objectives of this component are to: (i) en
21、sure an effective strategic and operational planning and monitoring and implementation of the STCRSP project; (ii) ensure an efficient coordination amongst the two “technical” components of the project on one hand and the various sources of funding and implementation partners within and outside MoA
22、on the other hand; and (iii) adequately monitor the STCRSP implementation progress and evaluate of its final results and impacts on smallholders. This component has two main sub-components: (a) Strategic planning, LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)AGRER S.A RESETTLE
23、MENT POLICY FRAMEWORK 3coordination and implementation support; and (b) Monitoring and Evaluation (M(b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable th
24、e persons displaced by the project to share in project benefits. Displaced persons3should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;(c) Displaced persons should be assisted in their efforts to improve their livelihoods a
25、nd standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.In the context of the proposed STCRSP Project, Given that the Project aims at establishing effective community c
26、onsultation mechanisms for its sub-projects, involuntary taking of land would be avoided as much as possible, i.e. any action that would be taken without displaced persons informed consent or power of choice. This issue was also discussed in the parallel Social Impact Assessment Report.The resettlem
27、ent policy framework includes measures to ensure that the displaced persons are:(i) informed about their options and rights pertaining to resettlement;(ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and(iii) provided prompt
28、 and effective compensation at full replacement cost for losses of assets attributable directly to the project.1 World Bank December 2001, revised February 2011: OP 4.12 - Involuntary ResettlementLIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)AGRER S.A RESETTLEMENT POLICY FRAMEW
29、ORK 5If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are:(i) provided assistance (such as moving allowances) during relocation; and(ii) provided with residential housing, or housing sites, or, a
30、s required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also inclu
31、des measures to ensure that displaced persons are:(i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; (ii) provided with development assistance in addition to compensation
32、 measures such as land preparation, credit facilities, training, or job opportunities.From this, the hypothesis can be drawn, that a prime approach of the project for cases of any relocation and compensation should comprise the option to become a project beneficiary which would entail entitlement to
33、 livelihood support through the project measures which include training and credit facilities for farmers.During any transition period after displacement, such as in case of feeder road construction, the prime compensation should also comprise entitlement to participation in public works for the con
34、struction of the feeder road for income generation.OP 4.12 further places emphasis on considering vulnerable groups including children and youth, the aged, single headed households, disabled persons, indigenous groups and generally people in the poorest category below the poverty line. For resettlem
35、ent in general, land-based options are to be preferred wherever feasible, particularly for affected people deriving their livelihoods from land based activities such as from farming. If sufficient land is not available at a reasonable price, non-land-based options built around opportunities for empl
36、oyment or self-employment should be provided in addition to cash compensation for land and other assets lost. Cash payment for lost assets may be appropriate where livelihoods are land-based but the land taken for the project is a small fraction (less than 20%) of the affected asset and the residual
37、 is economically viable. Upon identification of the need for involuntary resettlement in a sub project, the borrower carries out a census to identify the persons who will be affected by the project. In the proposed Project, this would only be the case after each concrete sub-project site is finally
38、selected.LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)AGRER S.A RESETTLEMENT POLICY FRAMEWORK 6The procedure includes provisions for meaningful consultations with affected persons and communities, local authorities, and, as appropriate, nongovernmental organizations (NGOs), an
39、d it specifies grievance mechanisms.Criteria for Eligibility would entail classification of displaced persons in one of the following three groups:(a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);(b) those who do not
40、 have formal legal rights to land at the time the census begins but have a claim to such land or assets-provided that such claims are recognized or become recognized under the laws of the country;(c) those who have no recognizable legal right or claim to the land they are occupying.Resettlement Inst
41、rumentsResettlement Policy FrameworkFor sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen subprojects to be financed by the Bank to ensure their consistency with OP 4.12. For these operations, the borrower submits, p
42、rior to appraisal, a resettlement policy framework that conforms to this policy. The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs.Resettlement PlanWould be required if a concrete subproject gives rise to resettlement only.
43、And it would only be applicable where impacts on the entire displaced population are minor (no physical relocation, asset loss less than 10%) or fewer than 200 people are displaced, in which case an abbreviated resettlement plan (ARP) may be agreed with the borrower.It is because the precise sitting
44、 alignments of the Projects sub-projects can not be determined at this stage that the borrower submits this Resettlement Policy Framework (RPF).In the case of the proposed STCRSP Project, the resettlement policy framework (RPF) is the only document per the OP 4.12 that needs to be submitted as a con
45、dition of the loan. However, the subproject-specific resettlement plans (or abbreviated resettlement plans) to be developed for any concrete sub project2 at a later stage, would need to include baseline census and socioeconomic survey 2 See: World Bank, Dec. 2001, rev Feb. 2011: OP 4.12, Annex A, In
46、voluntary Resettlement InstrumentsLIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)AGRER S.A RESETTLEMENT POLICY FRAMEWORK 7information; specific compensation rates and standards; policy entitlements related to any additional impacts identified through the census or survey; descri
47、ption of resettlement sites and programs for improvement or restoration of livelihoods and standards of living; implementation schedule for resettlement activities; and detailed cost estimate.It is to be noted also that assistance to the borrower regarding land and resettlement policies, strategies,
48、 legal frameworks and planning at national, county and local levels has been proposed to be part of the Project by the land experts employed as part of the project preparation and pre-appraisal process (see Annex T-4).LIBERIA SMALLHOLDER TREECROP REVITALIZATION SUPPORT PROJECT (STCRSP)AGRER S.A RESE
49、TTLEMENT POLICY FRAMEWORK 83. LEGAL AND INSTITUTIONAL POLICIES AND GUIDELINESThe Liberian Constitution and several statutes have been enacted to govern the rights of individuals to land and properties. The Constitution provides that an individual or group title to land can be expropriated for national or security purposes. However, there is no statute that clearly defines the manner by which said individual or group can be compensated or resettled. Further, most of the statutes concerning the subject matter were enacted many years ago and some issues therein do not meet
