Table 2 Country-level Gap Analysis to be prepared for each country Safeguard Requirements Aspect / Gap in national legislation Proposed Project Measures Consultation with customary landowners and Is public consultation including formal Consultation Plan developed as part of Project affected persons is essential, and may require consultation with customary landowners Operations Manual during preparation phase their participation in baseline studies as part of compulsory in the EA process or mandated the Social Assessment. under law? Where Indigenous Peoples are present, explore Is specific legislation pertaining to the rights all viable alternative project designs to avoid of Indigenous Peoples or customary lands? physical displacement of these groups. Involuntary resettlement should be avoided Does the proponent need evidence that all other Acquisition of land will only be pursued once all where feasible, or minimized, exploring all options must be exhausted first? viable alternatives have been considered and no viable alternative project designs. other suitable sites exist. The process and agreements between the Government and landowner are based on an ARAP approved by the Bank. Affected persons/communities are provided Is public consultation including formal Consultation Plan developed as part of Project timely and relevant information, and informed consultation with customary landowners Operations Manual during preparation phase must about their options and rights. compulsory in the EA process or mandated ensure ongoing consultation throughout the project law? Does consultation go beyond making cycle. Where persons face direct adverse impacts, objections? they must be informed about their entitlements, options, and provide feedback on designs and proposed mitigation measures. Eligibility Criteria and cut off date persons with Do national laws have provisions for those Compensation to all affected persons as defined in – either formal legal rights to land, no formal legal without legal tenure or title, with assets on the this RPF and under OP4.12. rights but valid claims to land/assets, or without land, or occupying the land? legal rights but occupying land Appropriate and accessible grievance What are the formal and traditional grievance A Grievance Redress Mechanism (GRM) has been mechanisms are established for affected procedures in place? detailed in the ESMF to enable issues to be persons/communities. addressed in a transparent and responsive manner. Land Valuation/Compensation Standard - How are land and assets valued? Is it Provide compensation to all affected persons as Where physical relocation is necessary standardized or market-based and are sources defined in RPF and under OP4.12. Any ARAP displaced persons are provided compensation, of livelihoods also considered? prepared will specific full compensation and transitional assistance and support to enhance measures to enhance or restore livelihoods where or restore livelihoods necessary.
Table 2 Country-level Gap Analysis to be prepared for each country Safeguard Requirements Aspect / Gap in national legislation Proposed Project Measures Consultation with customary landowners and affected persons is essential, and may require their participation in baseline studies as part of the Social Assessment. Is public consultation including formal consultation with customary landowners compulsory in the EA process or mandated under law? Consultation Plan developed as part of Project Operations Manual during preparation phase Where Indigenous Peoples are present, explore all viable alternative project designs to avoid physical displacement of these groups. Is specific legislation pertaining to the rights of Indigenous Peoples or customary lands? Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. Does the proponent need evidence that all other options must be exhausted first? Acquisition of land will only be pursued once all viable alternatives have been considered and no other suitable sites exist. The process and agreements between the Government and landowner are based on an ARAP approved by the Bank. Affected persons/communities are provided timely and relevant information, and informed about their options and rights. Is public consultation including formal consultation with customary landowners compulsory in the EA process or mandated law? Does consultation go beyond making objections? Consultation Plan developed as part of Project Operations Manual during preparation phase must ensure ongoing consultation throughout the project cycle. Where persons face direct adverse impacts, they must be informed about their entitlements, options, and provide feedback on designs and proposed mitigation measures. Eligibility Criteria and cut off date – persons with either formal legal rights to land, no formal legal rights but valid claims to land/assets, or without legal rights but occupying land Do national laws have provisions for those without legal tenure or title, with assets on the land, or occupying the land? Compensation to all affected persons as defined in this RPF and under OP4.12. Appropriate and accessible grievance mechanisms are established for affected persons/communities. What are the formal and traditional grievance procedures in place? A Grievance Redress Mechanism (GRM) has been detailed in the ESMF to enable issues to be addressed in a transparent and responsive manner. Land Valuation/Compensation Standard - Where physical relocation is necessary displaced persons are provided compensation, transitional assistance and support to enhance or restore livelihoods How are land and assets valued? Is it standardized or market-based and are sources of livelihoods also considered? Provide compensation to all affected persons as defined in RPF and under OP4.12. Any ARAP prepared will specific full compensation and measures to enhance or restore livelihoods where necessary.
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