Practice in rural areas was quite framework for accommodating to those with compensating all those on customary titles. the land and this can be a Practice in Kabul is to acquire model for future regulations documentary evidence for a to be made under LLE. claim for compensation. This is the one major area where there is considerable divergence between LLE and OP 4.12. It will be necessary to comply with OP 4.12. 9. The Constitution provides for OP 4.12 requires There does appear to be a 1. OP 4.12 must be Article 40 of the payment of prior and just prompt and effective gap between the LLE and accommodated. Other Constitution suggests that compensation. (English cash compensation OP 4.12. The LLE has a lot resettlement plans option 3 should be the translation).The LLE at article 2 sufficient to replace the of gaps in it. Sensible not to developed in connection preferred one. It should be provides for the payment of lost land and other insist on market value in the with ADB projects more or supplemented by guidance prior and adequate assets at full absence of reliable less ignore the LLE and on how to apply the code in compensation. If there is a replacement cost in functioning markets. provide detailed practice. distinction between just and local markets. Biggest gap is frameworks for assessment adequate, then the Compensation for lost compensation for squatters and payment of constitutional provision of just livelihoods required and even their best practice compensation. compensation prevails. Disturbance does provide some 3. The lack of any detail in Article 8 provides that compensation required compensation to those with LLE on how to assess compensation shall be Land for land no legal title. compensation and the “the price” of land or houses or trees compensation Practice of paying content of compensation etc and article 10 provides that encouraged. compensation into a bank (apart from article 13) the Council of Ministers shall Resettlement costs and even when APs not allows for the creation of a determine the price. But article up’ expenses absentee difficult to clear comprehensive and ‘start 15 provides that the required. All these reconcile with prompt fair code on compensation municipality and the provisions can be used payment of compensation. applicable to all administration for agriculture to provide for acquisitions including determine the compensation for compensation to resettlement and retraining trees etc. Article 13 sets out pastoralists and artisanal costs which can be a part of detailed provisions for miners
Practice in rural areas was quite accommodating to those with customary titles. Practice in Kabul is to acquire documentary evidence for a claim for compensation. framework for compensating all those on the land and this can be a model for future regulations to be made under LLE. This is the one major area where there is considerable divergence between LLE and OP 4.12. It will be necessary to comply with OP 4.12. 9. The Constitution provides for payment of prior and just compensation. (English translation).The LLE at article 2 provides for the payment of prior and adequate compensation. If there is a distinction between just and adequate, then the constitutional provision of just compensation prevails. Article 8 provides that compensation shall be “the price” of land or houses or trees etc and article 10 provides that the Council of Ministers shall determine the price. But article 15 provides that the municipality and the administration for agriculture determine the compensation for trees etc. Article 13 sets out detailed provisions for OP 4.12 requires prompt and effective cash compensation sufficient to replace the lost land and other assets at full replacement cost in local markets. Compensation for lost livelihoods required Disturbance compensation required Land for land compensation encouraged. Resettlement costs and ‘start up’ expenses required. All these provisions can be used to provide for compensation to pastoralists and artisanal miners There does appear to be a gap between the LLE and OP 4.12. The LLE has a lot of gaps in it. Sensible not to insist on market value in the absence of reliable functioning markets. Biggest gap is compensation for squatters and even their best practice does provide some compensation to those with no legal title. Practice of paying compensation into a bank even when APs not absentee difficult to reconcile with prompt payment of compensation. 1. OP 4.12 must be accommodated. Other resettlement plans developed in connection with ADB projects more or less ignore the LLE and provide detailed frameworks for assessment and payment of compensation. 3. The lack of any detail in LLE on how to assess compensation and the content of compensation (apart from article 13) allows for the creation of a clear comprehensive and fair code on compensation applicable to all acquisitions including resettlement and retraining costs which can be a part of Article 40 of the Constitution suggests that option 3 should be the preferred one. It should be supplemented by guidance on how to apply the code in practice.