Houses & All affected World Bank Policy WB OP 4.12 other houses/buildings are includes compensation applies structures compensated for buildings for unregistered damages/demolition caused commercial structures as by a project, with the well. exception of unregistered commercial structures Land Land valuation based on Land valuation based on Armenian valuation current market value plus current market Legislation 15% of the assessed value. rate/replacement value applies / Law on EPPSP (see 3.2.) Public Information on impacts Public Consultation and Both WB OP Consultation quantification/costing, Disclosure in 4.12 and and entitlements, and amounts participatory manner with Armenian Disclosure of compensation and affected people on Legislation financial assistance are to be apply (Law on community level. disclosed to the PAPs prior EPPSP) PCDP to be developed to the date defined in the together with RAP. Government Decree for Eminent Domain/ on Preliminary Study. Livelihood No provision for The World Bank requires WB OP 4.12 Restoration income/livelihood rehabilitation for applies rehabilitation measure, income/livelihood, for allowances for severely severe losses, and for affected PAPs and expenses incurred by the vulnerable groups, or PAPs during the resettlement expenses relocation process Loss of Land No provision for the loss of Owners of lands that are WB OP 4.12 Value in land value under the earmarked as applies ROW conductors (e.g. no construction land by the construction possible) community will receive compensation for loss of value. Gap Analysis The main difference of the legal framework of the RA and OP 4.12 is related to the compulsory ownership status of affected land and dwellings in Armenian law, whereas OP 4.12 grants compensation and relocation support even if legal land titles are absent. For the planned project OP 4.12 must be applied. This means that if the requirements of OP 4.12 are more stringent than the national legislation, then the more stringent requirements of OP 4.12 are to be applied. Other issues arise when it comes to implementation and monitoring, where Armenian legal framework tends to be vague and sometimes ambiguous. There is a considerable gap between enforcement of the law and OP 4.12 safeguards. HVEN will be responsible for preparation of RAP, public
Houses & other structures All affected houses/buildings are compensated for buildings damages/demolition caused by a project, with the exception of unregistered commercial structures World Bank Policy includes compensation for unregistered commercial structures as well. WB OP 4.12 applies Land valuation Land valuation based on current market value plus 15% of the assessed value. Land valuation based on current market rate/replacement value Armenian Legislation applies / Law on EPPSP (see 3.2.) Public Consultation and Disclosure Information on impacts quantification/costing, entitlements, and amounts of compensation and financial assistance are to be disclosed to the PAPs prior to the date defined in the Government Decree for Eminent Domain/ on Preliminary Study. Public Consultation and Disclosure in participatory manner with affected people on community level. PCDP to be developed together with RAP. Both WB OP 4.12 and Armenian Legislation apply (Law on EPPSP) Livelihood Restoration No provision for income/livelihood rehabilitation measure, allowances for severely affected PAPs and vulnerable groups, or resettlement expenses The World Bank requires rehabilitation for income/livelihood, for severe losses, and for expenses incurred by the PAPs during the relocation process WB OP 4.12 applies Loss of Land Value in ROW No provision for the loss of land value under the conductors (e.g. no construction possible) Owners of lands that are earmarked as construction land by the community will receive compensation for loss of value. WB OP 4.12 applies Gap Analysis The main difference of the legal framework of the RA and OP 4.12 is related to the compulsory ownership status of affected land and dwellings in Armenian law, whereas OP 4.12 grants compensation and relocation support even if legal land titles are absent. For the planned project OP 4.12 must be applied. This means that if the requirements of OP 4.12 are more stringent than the national legislation, then the more stringent requirements of OP 4.12 are to be applied. Other issues arise when it comes to implementation and monitoring, where Armenian legal framework tends to be vague and sometimes ambiguous. There is a considerable gap between enforcement of the law and OP 4.12 safeguards. HVEN will be responsible for preparation of RAP, public
Final_ESRP_RPF_revised%20Feb%202017_WB%20comments.docx