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Partnerships for p Strengthening Country Safeguard S S f d Systems

Experience from South Asia and from Power Grid in India

Sanjay Srivastava Regional Safeguards Advisor The World Bank, Washington DC 202-458-8977
The views in this presentation are the views of the author and do not necessarily reflect the views or policies of the Asian Development Bank (ADB), or its Board of Governors, or the government they represent. ADB does not guarantee the accuracy of the data included in this presentation and accepts no responsibility for any consequence of their use. Terminology used may not necessarily be consistent with ADB official terms.

The Context
The World Bank recognizes that management of social and

environmental issues in infrastructure projects remains a key bottleneck to growth in South Asia. Land Acquisition is the biggest challenge - All SAR countrys regulations empower taking land for a public use upon payment of compensation use, but differ in definition, scope and treatment of affected people and do not include a resettlement policy that emphasizes resettlement as a development issue. p All SAR countries have robust Environmental Policies and Regulations, however, with hugely uneven application and enforcement. Key differences remain in defining boundaries of Environmental Assessment; g ; trans-boundary issues; public consultation requirements; implementation framework; budget and management commitment; and monitoring and feedback mechanisms.

Key Findings of an Ongoing Comparative Safeguards Review i SAR countries S f d R i in ti


The Governments intent to use eminent power of domain for involuntary land

acquisition for public purpose has been a subject of heated debate public purpose debate, interpretation and potential dispute.
There are key differences across institutions and countries in determination of

fair compensation value for various types of losses losses.


Countries like India and Sri Lanka are moving ahead to apply a new and

progressive Resettlement policy that goes beyond traditional Land Acquisition Act. Act
The EA process in most SAR countries are faced with poor quality of EA;

baseline information; weak analyses of alternatives; poor implementation; weak monitoring of en ironmental management plans and enforcement of local environmental environmental regulations, including EHS and OHS requirements.

Key Safeguards Attributes and Principles in SAR countries ti


Avoidance of LA and IR - No provision in in the LA Acts across the region;

Sri Lanka NIRP 2001 mandates that IR be avoided or reduced through analysis of alternatives; India NRRP -2007 - Analysis of alternatives to minimize impacts is mandatory
Analyses of Alternatives and Linkages with other Projects No

provision in in the LA Acts across the region; Sri Lanka and India RP mandates that IR be avoided or reduced through analysis of alternatives
Recognition of Untitled Persons including Customary Rights - In

Afghanistan Law recognizes landowners without legal title but occupying the land for last 35 years; No other LA Act in the region recognizes those without legal title; Sri Lanka NIR Policy recognizes non titleholders for fair compensation; India NRR Policy recognizes non titleholders as landless, sharecroppers, rural artisans, and self-employed people dependent on affected p land piece.

Key Safeguards Attributes and Principles in SAR countries ti


Avoiding Displacement of Indigenous People - No LA laws in SAR

either define or have any specific provisions for IPs IPs.


Need for Resettlement Plan - No provision in the LA Acts in any SAR

countries. Sri Lanka NIRP: Comprehensive RP if more than 20 families are displaced. displaced Shorter RP if DFs are less than 20; India NRRP 2007: SIA and NRRP-2007: comprehensive RP if project involves more than 400 DFs enmass in plains or 200 DFs enmass in hill areas
Consultation Requirements during Preparation of RP - No such

provision in the law in any SAR countries; Sri Lanka requires participation of affected community in RP preparation must; India requires mandatory consultations during project preparation and on draft SIA before issuing notification of acquisition under the LA Act for RP preparation. Public hearings also on the draft Rehabilitation and Resettlement Plan

Key Safeguards Attributes and Principles in SAR countries ti


Cutoff Date for Eligibility of being PAP - No reference in the

Afghanistan, Bhutan and Sri Lanka LA Acts; Cut off dates mentioned in LA Acts of Bangladesh, Nepal, India and Pakistan; No such provision in Sri Lanka NIRP; India NRRP: residing for not less than five years prior to the date of declaration of the affected area Principle of Replacement Value and restoration /improvement of living standards of PAPs - LA Acts of Afghanistan, Bhutan, Bangladesh, India and Pakistan provides for fair or market value of land land as compensation; In Maldives alternative land is given to the affected person; In Sri Lanka: Replacement cost of the buildings and the market value of the land; In Nepal the land value is arrived at either based on a consent award or through negotiation; Sri Lanka NIRP: Replacement cost of the land including transaction costs; India NRRP: Market value of land and aims to provide a better standard of living and sustainable income to the PAFs

Key Safeguards Attributes and Principles in SAR countries ti


G i Grievance and Di d Dispute R l i Resolution - Th A The Acts of Af h i f Afghanistan,

Bangladesh, India, Nepal, Pakistan and Sri Lanka has provision to object to the acquisition within a stipulated time frame; In Bhutan and Maldives there is no such provision; Sri Lanka NIRP does not define the GRM but states that all APs should be made aware of processes available for the redress of grievances; Under India NRRP: R&R Committee (with representation of those affected) to monitor and review progress.
Monitoring and Evaluation - No such provision in the country LA Acts;

Sri Lanka NIRP requires external M&E by an independent party to assess the overall outcome of resettlement activities; India NRRP requires the R&R Committee to monitor and review the progress of R&R.

Key Opportunities for Strengthening Power G id UCS P Grid


Environmental Assessment procedures are footprint based and

need to strengthen the strategic induced and cumulative aspects. strategic, aspects EA appraisal and review process needs strengthening with more dedicated and trained staff. Institutional arrangements for Monitoring & Supervision could be improved. Public Consultation, post-EA not as part of EA process. post EA Community involvement & disclosure, need strengthening. Induced impacts on Bio-diversity and forestry resources need to be b strengthened h d Application of Indigenous People Policy remains untested

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