occur both on land to be acquired and on compensation. It is at this that donations of land may be ‘invited’. 5. No special provision in LLE Prepare resettlement plan: Major gap of substance 1. The LLE is silent on 2 and 3 the preferred option. for a resettlement plan or any contents to include resettlement but there is – special arrangements for Involvement of and ensure nothing in the law to suggest resettlement APs their rights to that a resettlement plan or compensation action to implement a relocation assistance resettlement plan would be development assistance in new illegal. location. Distinction drawn 2. Provide for resettlement between short and full plans, plan administratively but depending on numbers to be 3. Backed up by some resettled. regulations PART TWO: ACQUIRING THELAND 6. The Council of Ministers No specific procedures The spirit of OP 4.12 conflicts Spirit of OP 4.12 be met Involvement of owners present approves expropriation of required by OP 4.12 but with LLE’s non-provision of by more protective provisions on the land to be acquired and land. Unlike the former law, content of resettlement plan involvement of the owner and or practice on dealing with greater protection for absentee there is no provision for the implies APs will be involved apart from that provided for in absentee acquisition. The owners should be provided by owner/user and or agent to be in all stages of acquisition article 5. it is not clear why silence of LLE on the details a legal framework developed present throughout all stages that is confined to of acquisition may be taken as part of the RPF which could “the of acquisition. It follows that Municipality”. Given many quite legitimately as providing also serve as a prototype for acquisition may proceed absentee owners ,it may be a gap which can be filled by regulations made under article whether the owner etc is unavoidable to allow absentee appropriate participatory 22(5) of the new law. present or not. However under acquisition. arrangements. There is no article 5 LLE ,a commission is reason why the damage to be formed the provisions of article 18 “by Municipality” on which the shouldn’t equally apply to all owner is represented to acquisitions of land. damage incurred “determine due to land expropriation” which is differentiated from compensation. Damage is explained in article 18 LLE.
occur both on land to be acquired and on compensation. It is at this that donations of land may be ‘invited’. 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 compensation relocation assistance 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 there 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 THELAND 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 owner etc is present or not. However under article 5 LLE ,a commission is to be formed “by the Municipality” on which the owner is represented to “determine damage incurred due to land expropriation” which is differentiated from compensation. Damage is explained in article 18 LLE. 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 non-provision 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 unavoidable to allow absentee acquisition. 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 be filled by appropriate participatory arrangements. There is no reason why the damage provisions of article 18 shouldn’t equally apply to all acquisitions of land. Involvement of owners present on the land to be acquired and greater protection for absentee owners should be provided by a legal framework developed as part of the RPF which could also serve as a prototype for regulations made under article 22(5) of the new law.
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