compensation. If there is a Compensation for lost Biggest gap is compensation frameworks for assessment distinction between just and livelihoods required for squatters and even there and payment of compensation. adequate, then the Disturbance compensation best practice does provide 3. The ADB models should be constitutional provision of just required some compensation to those adapted for use in the project. compensation prevails. Land for land compensation with no legal title. The lack of any detail in LLE Article 8 provides that encouraged. Practice of paying on how to assess compensation compensation shall be Resettlement costs and compensation into a bank even and the content of “the ‘start price” of land or houses or up’ expenses required. when APs not absentee compensation (apart from trees etc and article 10 difficult to reconcile with article 13) allows for the provides that the Council of prompt payment of creation of a clear Ministers shall determine the compensation. comprehensive and fair code price. But article 15 provides on compensation applicable to that the municipality and the all acquisitions including administration for agriculture resettlement costs which can determine the compensation be a part of the RPF without for trees etc. Article 13 sets doing violence to the existing out detailed provisions for law. obtaining residential plots where a person has had land acquired; the more land acquired the more residential plots are paid as compensation. Disturbance compensation not provided for. Compensation can be land for land Unlike the former law which provided for compensation may be paid into a bank, LLE is silent on the mechanics of paying compensation. No assistance for APs to access bank for their compensation. Practice on the ground is careful and painstaking.
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 obtaining residential plots where a person has had land acquired; the more land acquired the more residential plots are paid as compensation. Disturbance compensation not provided for. Compensation can be land for land Unlike the former law which provided for compensation may be paid into a bank, LLE is silent on the mechanics of paying compensation. No assistance for APs to access bank for their compensation. Practice on the ground is careful and painstaking. Compensation for lost livelihoods required Disturbance compensation required Land for land compensation encouraged. Resettlement costs and ‘start up’ expenses required. Biggest gap is compensation for squatters and even there 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. frameworks for assessment and payment of compensation. 3. The ADB models should be adapted for use in the project. 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 costs which can be a part of the RPF without doing violence to the existing law.
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