Challenges in implementing best practices in involuntary resettlement : a case study in Sri Lanka / Jayantha Perera, Amarasena Gamaathige, Chamindra Weerackody.

Format:

Book

Government document

Author/Creator:

Perera, Jayantha, author.

Gamaathige, Amarasena, author.

Weerackody, Chaminda, author.

Contributor:

Asian Development Bank, publisher, copyright holder.

Language:

English

Subjects (All):

Infrastructure (Economics)--Sri Lanka.

Infrastructure (Economics).

Forced migration--Economic aspects--Sri Lanka.

Forced migration.

Economic development projects--Sri Lanka.

Economic development projects.

Physical Description:

1 online resource (xviii, 281 pages)

Edition:

1st ed.

Place of Publication:

Mandaluyong City, Metro Manila, Philippines : Asian Development Bank, [2016]

Language Note:

In English.

Summary:

Infrastructure projects sometimes physically displace households and disrupt income sources and livelihoods. The Asian Development Bank offers several good governance practices to its borrowers to minimize such adverse impacts, especially since the absorption of such best practices by countries is usually slow and erratic. This publication presents an in-depth case study from a complex and sensitive infrastructure project in SriLanka, where international best practices in involuntary resettlement were successfully merged with local legal systems. The publication demonstrates that the application of best practices to infrastructure projects needs continuous consultations with affected people and a firm commitment of resources.

Contents:

Cover

Title

Copyright

Contents

Foreword

Acknowledgments

About the Authors

Abbreviations

Introduction

Involuntary Resettlement Safeguard Policies

Objectives and Scope

Southern Transport Development Project

Methodology

Structure of the Book

Chapter 1 Key Milestones in Project Planning and Implementation

The Genesis of the Project: Local Planning Initiatives

Planning of the Project: ADB Planning Initiatives

Project Feasibility Study

Regional Social and Economic Impact Study

Social and Environmental Impact Assessments

The Resettlement Plan

The Resettlement Implementation Plan 1

The Resettlement Implementation Plan 2

Project Approval

Project Implementation

Conclusion

Chapter 2 Socio-Legal Background of the Project

Socioeconomic and Poverty Dimensions

Local Regulatory Framework for Land Acquisition and Resettlement

Land Acquisition Act No. 9 of 1950

National Environmental Act (1980) and the Amendments of 1988

The National Involuntary Resettlement Policy

The Land Acquisition and Resettlement Committee

International Best Practices and Resettlement Planning

Shifting Alignment of the Expressway and Public Litigation

Accountability Mechanism: Watchdog of Best Practices

Recent Developments beyond the Southern Transport Development Project

Chapter 3 Best Practices in Resettlement Planning and Implementation

Part 1: Best Practices in Resettlement Planning

Learn from Previous Projects

Conduct a Comprehensive Social Impact Assessment

Prepare an Involuntary Resettlement Framework

Update the Resettlement Plan after Project Approval

One Resettlement Implementation Plan for the Project

Long-Term Review and Assistance in Implementing the Resettlement Implementation Plan

Project-Specific Compensation Package.

Combined Cash-for-Land and Land-for-Land Compensation

Engagement of Affected Persons in Resettlement Planning

Part 2: Best Practices in Resettlement Implementation

Expedited Land Acquisition

Accelerated Land Acquisition

Resettlement Assistants as Catalysts

Capacity Building during Project Implementation

Donor-Borrower Partnership in Conflict Resolution

Chapter 4 Institutional Framework for Resettlement Planning and Implementation

Part 1: The Institutional Framework for Land Acquisition and Resettlement

Institutional Structure during Phase I of Resettlement Planning (1998-2003)

Ministries and Agencies Engaged in Land Acquisition and Resettlement

Ministry of Lands

Steering Committees and Coordination Committees

Road Development Authority

Land Acquisition and Resettlement Division of the Road Development Authority

Divisional Secretariats, Survey Department, and Valuation Department

Project Management Unit

Regional Offices

Land Acquisition and Resettlement Committees

Grievance Redress Committees

Management Consultants

Internal and External Monitoring System

Revised Organizational Structure (2003-2010)

Deputy Project Directors

International Resettlement Consultant

Super Land Acquisition and Resettlement Committee

Public Complaints Resolution and Monitoring Committee

External Monitoring

Overview

Part 2: Assessment of Strengths and Weaknesses of Institutional Arrangements

Perspectives of the Road Development Authority

Perspectives of Management Consultants

Perspectives of Resettlement Specialists

Perspectives of the Affected Persons

Perspectives of the Independent External Monitoring Agency

Part 3: Institutional Capacity Building

Best Practices in Institutional Arrangements

Conclusion.

Chapter 5 Compensation at Replacement Cost and Rehabilitation

Replacement Cost

The National Involuntary Resettlement Policy and Replacement Cost

Replacement Cost and Associated Entitlements

Application of the Replacement Cost

Components of the Compensation Package

Statutory Compensation

Land Acquisition and Resettlement Committee Entitlements

Business Recovery

Incentive Payments

Compensation for Squatters

Interest on Delayed Payment of Statutory Compensation

Replacement of Affected Cash Crops

Replacement Cost and Economic Rehabilitation

Replacement Cost and Income Restoration

Self-Relocation and Replacement Cost

Progress in Compensation Payment

Land Acquisition and Resettlement Costs

A Review of Replacement Cost

The Role of the Resettlement Assistants

Chapter 6 Relocation Planning and Assistance

The Physical Relocation Plan

Land Acquisition Impacts

Options and Preferences in Resettlement

Resettlement Site Selection and Development

Relocation Assistance

Challenges Encountered by the Relocation Program

Revised Relocation Plan

Living Conditions at Resettlement Sites

Best Practices in Relocation

Special Assistance for Vulnerable Groups

Housing Societies

Resettlement Impacts on Displaced Households

Rebuilding of Houses

Social Networks

Changes in Employment, Income Levels, and Livelihoods

Status of Women

Resettler Satisfaction

Chapter 7 Public Consultations and Information Dissemination

Consultation and Information Dissemination Policies

Involuntary Resettlement Policy of ADB (1995)

National Environmental Act of 1980

National Involuntary Resettlement Policy of Sri Lanka

Public Consultations Program of the Southern Transport Development Project.

Consultations during the Formulation of Resettlement Plans and Resettlement Implementation Plans

Consultations during Project Implementation

Information Dissemination

Issues of Compliance and Mitigation Measures

Issues Raised by the Affected People

Issues Raised by the Judiciary

Issues Raised by the Office of the Special Project Facilitator

Issues Raised by the Compliance Review Panel

The Road Development Authority's Response to the Compliance Review Panel

Issues Raised by the Independent External Resettlement Monitor

Conclusions

Chapter 8 Restoration and Improvement of Sources of Income and Livelihoods

Land Acquisition and Impoverishment

Income Restoration Program

The Income Restoration Program: Phase I

The Income Restoration Program: Phase II

The Income Restoration Program: Phase III

Perceptions of Poverty

Income Restoration and Development Opportunity

Lessons from the Southern Transport Development Project for Future Income Restoration Programs

Definition of Key Concepts

Flexible Resettlement Implementation Plan

Use of the Urgency Clause of the Land Acquisition Act

Institutional Support

Application of Best Practices

Income Restoration and Improvement

Constraints to Implementing Best Practices

Land Acquisition and Resettlement Framework

Annex: A Chronology of Key Project Milestones

References

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

R

S

T

U

V

W

List of Boxes, Figures, Maps, and Tables

Boxes

3.1: Land Acquisition under Section 38(a) in the Contested Area of the ADB-Funded Section of the Expressway

5.1: Estimated and Actual Costs of Land Acquisition and Resettlement

5.2: Additional Land Acquisition for the Expressway during Project Implementation.

6.1: Special Assistance to Encroachers and Subfamilies

Figures

4.1: Organizational Structure for Resettlement Implementation Plan (2003)

4.2: Revised Organizational Structure for the Southern Transport Development Project (2003-2010)

Maps

1: Locations of Interchanges and Southern Expressway

2: Alternative Expressway Traces Studied During the Pre-Feasibility Study of the Project

3: Deviations from the Original RDA Trace to the Combined Trace of the Expressway

4: Southern Transport Resettlement Project Resettlement Sites

Tables

1.1: Revised Compensation Disbursement Plan (March-December 2004)

3.1: Key Land Acquisition and Resettlement Issues and Policy Prescriptions

3.2: Assistance from ADB to Review and Update Resettlement Planning

3.3: Enhanced Compensation Payment by the Land Acquisition and Resettlement Committee

4.1: Key Issues and Proposed Action for Institutional Capacity Building

5.1: Changes in Productivity by Crop Type

5.2: Compensation for Home Gardens

5.3: Compensation for Highlands

5.4: Compensation for Paddy Land

5.5: Monthly Household Expenditure Patterns in 2010

6.1: Summary of Land Acquisition Impacts of the Project

6.2: Land Compensation and Resettlement Assistance to Displaced Households

6.3: Planned and Actual Time Frames of Land Acquisition and Resettlement

6.4: Resettlers' Satisfaction with Project Benefits

6.5: Land Title Deed Distribution at Resettlement Sites

6.6: Categories of Physically Displaced Households

6.7: Additional Housing Assistance Received by Vulnerable Households

8.1: Socioeconomic Status of Households Participated in the Income Restoration Program in 2008

8.2: Perceptions of Post-Displacement Improvements at the Household Level

8.3: Monthly Household Incomes in 2010

8.4: Monthly Household Expenditure in 2010.

A1: Initial Planning Activities by the Road Development Authority (1991-1996).

Notes:

"Publication stock no. TIM168337"--Verso of title page.

Description based on print version record.

Includes bibliographical references (pages 249-257) and index.