Professional Documents
Culture Documents
How do we close the gap between national regulations and where there are
material gaps regarding the IFC PS 5?
What should you do in case the government is or has already completed the
resettlement
If resettlement happened a few years before our client was provided the land, do
they need to do anything?
LIVELIHOOD RESTORATION: DEFINING SUCCESS
How do we achieve
objectives of our standards?
The business case for client:
why it pays off to get
involved?
The business case for the
Government: why it pays off
to work with the private
sector
Partnering with government
and strengthening capacity
PARTNERING WITH GOVERNMENT
BTC pipeline
- Sponsor was oil and gas operator, not a livelihood specialist
- Used ‘umbrella NGOs’ as Project Managers,
- Local NGO, Institutions and Consultant partners to deliver programs
- All programs/sub-programs based on logical frameworks
- Performance based evaluation
CUT-OFF DATES
Validity of census and asset surveys ~ 2 years – how do you manage a cut-off when the use-by date of
census/asset surveys has expired?
Problems where project is delayed and moratorium restricts affected peoples rights to develop for a
protracted period – compensable?
Managing customary/ancestral claims over land - the claimants live elsewhere (e.g. PNG post
clan/tribal conflict) – not present at the cut-off?
Examples
• LNG Project, West Africa - cut-off date and restriction on new development announced –
project never proceeded
• Petrochemical project, China – affected villagers subjected to a cut-off and restriction on new
development for 12 years, before the Project finally proceeded
COMPREHENSIVE LIVELIHOOD BASELINE STUDIES
Failure to account for full suite of livelihood resources that communities or households utilize
(esp. in subsistence settings) – losses are significantly undervalued
Key questions
Risk Analysis
External factors (political, economic, natural disasters) can change the project
context, necessitating mid-program adjustments
Major Private Sector Projects (BTC Pipeline, Newmont Ahafo Gold, Chad
Cameroon, Tangguh LNG, PNG LNG)
- Internal Monitoring by Sponsor’s resettlement team
- External Monitoring by Independent Environmental and Social Consultant
- Completion Audit – by independent third party unremoved from the Project
(livelihood/resettlement completion)
- (Others: Government EIA monitoring, NGO Monitoring, High Level IAP)
Strictly Confidential
Involving large scale land acquisition and loss of income of affected communities
Project affected communities include mainly farmers. Land owners given cash compensation as there was no
land available in the areas close by
Livelihood Restoration Plan (LRP) was prepared for affected communities, however it had some fundamental
issues:
• The project company did not identify a cut off date, the census was done much later and was based on
village records and not undertaken specifically by the project company
• As a result, the number of people to benefit from the project kept increasing through out the due diligence
process, no identification of number of women, aged or vulnerable households
• The project company submitted a LRP which was just an extension of their CSR activities, in which all the
project villagers could participate and it did not prioritize project affected farmers who lost their source
livelihood due to land acquisition.
• These CSR activities were working well but the activities were mainly attended by women and were only
sufficient to supplement income and not replace income from farming that had been lost
• The LRP mentioned that project company will focus on providing alternative livelihood and jobs creation,
but little information was provided on what type of jobs will be identified
• Monitoring and reporting process was not identified to measure the success/failure.
CASE 2
Project affected communities include - land owners, tenant farmers and daily farmers (who rent the land from the land
owners for farming and harvesting)
• Initially, project company was to only provide compensation to the land owners and ask land owners to compensate
the tenant farmers and daily farmers accordingly. In order to be in line with the requirements of IFC PS5 they
agreed to consider tenant farmers and daily farmers as project affected communities.
• The tenant farmers and daily farmers were compensated with livelihood allowance each month (the allowance was
determined based on consultation and agreed by all the affected parties).
• This monetary compensation was provided to the farmers until the tenant farmers could harvest the replacement
land and daily farmer find another job.
• Project company found a replacement land for the tenant farmers, which the project company is going to lease from
an agricultural company and provide it to the tenant farmers to cultivate. Eventually, the plan was to hand it over to
a local NGO to manage the land.
• However, as a result of perceptions of inequality within the communities, the village head started collecting a
certain percentage of the compensation to distribute to the rest of the village.
• The affected farmers were disappointed that they did not receive the amount which was agreed upon but there was
little client could do to change this situation!
OTHER EMERGING ISSUES
• Legacy resettlement (usually government managed)
• Forced eviction vs legal eviction
• Buffers – ‘should have been resettled, but weren’t’
• Land donation – acceptable in private sector resettlement?
• Staged resettlement (e.g. for large mines) where there is incremental loss of productive land with each
expansion
• Civil society (Oxfam, Human Rights Watch):
-Addressing cost of access to services post resettlement
-Raised challenges of engagement/consultation in repressive countries
-Incidence of reprisals against people making complaints
-Challenges of customary law vs national/ statutory law
-Predatory loan schemes targeting resettlement beneficiaries
• Clearer guidance on gender considerations in resettlement projects
• Expanding concept of marginalized groups – LGTBs
• Refugees/ IDPs
• Climate change induced resettlement
• Fragile States – special considerations
• Indigenous People & how IFC PS 5 is applied
THANK YOU!