WB OP 4.12 There are some differences between the World Bank Policy and the Burundi Laws in regard to compensation and resettlement. The laws of Burundi only provide compensation for land that is legally owned by PAPs and no compensation to those without formalized rights. The World Bank OP 4.12 provides for compensation for land to both legal owners and those without formalized and/or fully legalized rights. OP 4.12 states that where there is a conflict between the Bank and government frameworks, those of the Bank shall take precedence. A comparison between the Laws of Burundi and the World Bank OP 4.12 is contained in below. Table I Table I: Comparison of Burundian and World Bank Policies on Resettlement and Compensation Category of PAP/Type of lost Burundi Law World Bank OP 4.12 Comment assets Land Owners Cash compensation based Land-for-land exchange is No gap upon market value. the preferred option; compensation is on Land for Land under replacement cost. Customary Law the land – should at least be of the Land should be of the same size as land acquired same size as or bigger than acquired land. Land Tenants Entitled to compensation Are entitled to some form Follow the OP. based upon the amount of of compensation whatever 4.12 guidelines rights the legal recognition of and principles their occupancy. Land Land users are entitled to Entitled to compensation compensation for crops for crops, may be entitled and any other economic to replacement land and assets. income must be restored to pre-project levels at least. Owners of Cash compensation based Entitled to in-kind on market value compensation or cash buildings compensation at full replacement cost including labour and relocation expenses, prior to displacement.
WB OP 4.12 There are some differences between the World Bank Policy and the Burundi Laws in regard to compensation and resettlement. The laws of Burundi only provide compensation for land that is legally owned by PAPs and no compensation to those without formalized rights. The World Bank OP 4.12 provides for compensation for land to both legal owners and those without formalized and/or fully legalized rights. OP 4.12 states that where there is a conflict between the Bank and government frameworks, those of the Bank shall take precedence. A comparison between the Laws of Burundi and the World Bank OP 4.12 is contained in Table I below. Table I: Comparison of Burundian and World Bank Policies on Resettlement and Compensation Category of PAP/Type of lost assets Burundi Law World Bank OP 4.12 Comment Land Owners Cash compensation based upon market value. Land for Land under Customary Law – the land should at least be of the same size as land acquired Land-for-land exchange is the preferred option; compensation is on replacement cost. Land should be of the same size as or bigger than acquired land. No gap Land Tenants Entitled to compensation based upon the amount of rights Are entitled to some form of compensation whatever the legal recognition of their occupancy. Follow the OP. 4.12 guidelines and principles Land Land users are entitled to compensation for crops and any other economic assets. Entitled to compensation for crops, may be entitled to replacement land and income must be restored to pre-project levels at least. Owners of buildings Cash compensation based on market value Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacement.
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