acquired is sent to APs three on participation by APs APs involves participation. interpreted to mean implementation would not “not months before acquisition. in preparation of 3 months notice may be too less than three months” contradict the LLE and is Informal discussions and process and in project little where relocation is which would allow for the best way forward. negotiations occur both on land implementation likely but not rigidly discussions on acquisition to be acquired and on Emphasis on early adhered to. and its consequences. compensation. information to be given It is at this point that donations to potential APs of of land may be possible resettlement ‘invited’. 5. No special provision in LLE Prepare resettlement Major gap of substance 1. The LLE is silent on 2 and 3 the preferred option. for a resettlement plan or any plan: contents to include resettlement but is special arrangements for nothing in the law to – resettlement. Involvement of and suggest that a resettlement ensure APs their rights plan or action to implement to a resettlement plan would (i) compensation be illegal. (ii) relocation assistance 2. Provide for resettlement (iii) development plan administratively but assistance 3. Backed up by some in new location. regulations Distinction drawn between short and full plans, depending on numbers to be resettled. PART TWO: ACQUIRING THE LAND 6. The Council of Ministers No specific procedures The spirit of OP 4.12 Spirit of OP 4.12 be Involvement of owners approves expropriation of land. required by OP 4.12 but conflicts with LLE’s met by more protective present on the land to be Unlike the former law, there is content of resettlement of involvement of provisions and or practice acquired and greater no provision for the owner/user plan implies APs will be the owner apart from that on dealing with absentee protection for absentee and or agent to be present involved in all stages of provided for in article 5. It acquisition. The silence of owners should be provided throughout all stages of acquisition is not clear why that is LLE on the details of by a framework acquisition. It follows that confined to acquisition may be taken developed as part of the “the acquisition may proceed Municipality”. Given many quite legitimately as RPF which could also serve whether the etc is present absentee owners ,it may be providing a gap which can as a prototype for
acquired is sent to APs three months before acquisition. Informal discussions and negotiations occur both on land to be acquired and on compensation. It is at this point that donations of land may be ‘invited’. on participation by APs in preparation of process and in project implementation Emphasis on early information to be given to potential APs of possible resettlement APs involves participation. 3 months notice may be too little where relocation is likely but not rigidly adhered to. interpreted to mean “not less than three months” which would allow for discussions on acquisition and its consequences. implementation would not contradict the LLE and is the best way forward. 5. No special provision in LLE for a resettlement plan or any special arrangements for resettlement. Prepare resettlement plan: contents to include – Involvement of and ensure APs their rights to (i) compensation (ii) relocation assistance (iii) development assistance in new location. Distinction drawn between short and full plans, depending on numbers to be resettled. Major gap of substance 1. The LLE is silent on resettlement but is nothing in the law to suggest that a resettlement plan or action to implement a resettlement plan would be illegal. 2. Provide for resettlement plan administratively but 3. Backed up by some regulations 2 and 3 the preferred option. PART TWO: ACQUIRING THE LAND 6. The Council of Ministers approves expropriation of land. Unlike the former law, there is no provision for the owner/user and or agent to be present throughout all stages of acquisition. It follows that acquisition may proceed whether the etc is present No specific procedures required by OP 4.12 but content of resettlement plan implies APs will be involved in all stages of acquisition The spirit of OP 4.12 conflicts with LLE’s of involvement of the owner apart from that provided for in article 5. It is not clear why that is confined to “the Municipality”. Given many absentee owners ,it may be Spirit of OP 4.12 be met by more protective provisions and or practice on dealing with absentee acquisition. The silence of LLE on the details of acquisition may be taken quite legitimately as providing a gap which can Involvement of owners present on the land to be acquired and greater protection for absentee owners should be provided by a framework developed as part of the RPF which could also serve as a prototype for
SFG3310-EA-P162022-Box402904B-PUBLIC-Disclosed-5-1-2017.docx