haphazard and tends to noted at 4 above Choice is between formal be based on a guided turn on legality of top-down and participative participative approach to occupation of APs who are involvement of APs which implementation. to be relocated OP 4.12 requires. PART FOUR: & JUDICIAL PROCEDURES 11. LLE provides for OP 4.12 silent on judicial A major gap on grievance Develop grievance A combination of law and administrative agencies to and administrative mechanisms and current handling practices but practice guidance be manage acquisition arrangements. It requires administrative keep them administrative the best way forward. processes and deal with appropriate and accessible arrangements in LLE rather than legal. Grievance mechanisms compensation. APs are grievance mechanisms to difficult to reconcile with Make legal provision to provide for co- part of some committees be established for those the participative approach for appeals from with Shuras dealing with being resettled. Logic of of OP 4.12. administrative and community councils compensation. OP 4.12‘s references to Earlier laws involved decisions and decisions consultation‘ payment of compensation ‗meaningful in areas where APs are. No provision for courts with APs and making use in the presence of a judge on compensation to an RPF to provide for these to be involved or for of CBOs and NGOs and allowed an appeal independent body. appeals. suggests preference for albeit from the judge to a In practice, committees decision- making process Minister. which is not may act to solve just part of the grievances administration. No provisions for e.g. 12. LLE does not provide OP 4.12 states that the Major gap on procedures Provide monitoring for Meaningful monitoring is legal aid to assist APs to for borrower is responsible for but arguably, monitoring is WB projects as required required by OP 4.12. New make claims. Practice at adequate monitoring and not part of land acquisition by OP 4.12. Establish institutions should be kept any external monitoring least in Kabul does evaluation of the activities so no legal impediment to specialist monitoring to a minimum. body or process set forth in the providing for same. agency for all projects Consideration should be appear to try and help resettlement instrument. involving acquisition and given to use provincial PAPs. resettlement authorities and NGOs. Empower provincial and Regular reports should be made and published institutions to monitor projects. 30
haphazard and tends to turn on legality of occupation of APs who are to be relocated noted at 4 above Choice is between formal top-down and participative involvement of APs which OP 4.12 requires. be based on a guided participative approach to implementation. PART FOUR: & JUDICIAL PROCEDURES 11. LLE provides for administrative agencies to manage acquisition processes and deal with compensation. APs are part of some committees dealing with compensation. No provision for courts to be involved or for appeals. In practice, committees may act to solve grievances No provisions for e.g. legal aid to assist APs to make claims. Practice at least in Kabul does appear to try and help PAPs. OP 4.12 silent on judicial and administrative arrangements. It requires appropriate and accessible grievance mechanisms to be established for those being resettled. Logic of OP 4.12‘s references to ‗meaningful consultation‘ with APs and making use of CBOs and NGOs suggests preference for decision- making process which is not just part of the administration. A major gap on grievance mechanisms and current administrative arrangements in LLE difficult to reconcile with the participative approach of OP 4.12. Earlier laws involved payment of compensation in the presence of a judge and allowed an appeal albeit from the judge to a Minister. Develop grievance handling practices but keep them administrative rather than legal. Make legal provision for appeals from administrative decisions and decisions on compensation to an independent body. A combination of law and practice guidance be the best way forward. Grievance mechanisms to provide for with Shuras and community councils in areas where APs are. RPF to provide for these 12. LLE does not provide for any external monitoring body or process OP 4.12 states that the borrower is responsible for adequate monitoring and evaluation of the activities set forth in the resettlement instrument. Major gap on procedures but arguably, monitoring is not part of land acquisition so no legal impediment to providing for same. Provide monitoring for WB projects as required by OP 4.12. Establish specialist monitoring agency for all projects involving acquisition and resettlement Empower provincial and institutions to monitor projects. Meaningful monitoring is required by OP 4.12. New institutions should be kept to a minimum. Consideration should be given to use provincial authorities and NGOs. Regular reports should be made and published 30 co-
E42310V30P13180Box379885B00PUBLIC0.docx