Professional Documents
Culture Documents
and Development
EBRD ESDD Construction of
Conveyance for Two Reservoirs -
Borkovac & Pavlovci
Land Acquisition and Resettlement
Framework
4-04
Arup d.o.o
Kneginje Zorke 77
11000 Beograd
Srbija
www.arup.com
Document Verification
Job title EBRD ESDD Construction of Conveyance for Two Job number
Reservoirs - Borkovac & Pavlovci 277722-00
Document title Land Acquisition and Resettlement Framework File reference
Signature
Signature
Signature
Contents
Page
1 Introduction 5
1.1 Project Background 5
1.2 Land use context 7
1.3 Project Impacts 9
1.4 Principles and Objectives 11
Tables
Table 1 Affected Parcels by Cadastral Municipality
Table 2 Key Institution in the Process of Land Expropriation and Resettlement
Table 3 Entitlement Matrix
Table 4 Monitoring Responsibilities
Figures
Figure 1 - Proposed irrigation pump and conveyance scheme
Attachments
Appendices
Appendix A
Structure of Land Acquisition and Resettlement Plan (LARP)
Appendix B
Sample Grievance Form
Appendix C
Gap Analysis
List of Abbreviations
Abbreviation Full Name
AP Affected Person
BoE Beneficiary of Expropriation
CFD Central Feedback Desk
EBRD European Bank for Reconstruction and Development
EUR Euro
GLAC Guide to Land Acquisition and Compensation
GoRS Government of Republic of Serbia
IE Implementing Entity
IFI International Financial Institutions
LARP Land Acquisition and Resettlement Plan
LRP Livelihood Restoration Plan
LM Local Municipality
MoF Ministry of Finance of Republic of Serbia
NGO Non-Governmental Organisation
PAP Project Affected Person
PIU Project Implementation Unit
PR5 EBRD Performance Requirement 5 - Land Acquisition, Involuntary
Resettlement and Economic Displacement
PWC Public Water Company
RAP Resettlement Action Plan
RoW Right of Way
RS Republic of Serbia
SIA Social Impact Assessment
VG Vulnerable Group
Glossary
When used in this document, following terms are defined as follows:
"Compensation" - Refers to any and all payments made in cash or in kind to
replace the value of assets or acquired resources affected by the Project.
"Compensation agreement" - Refers to the concurrence of compensation, under
the Law of expropriation before the municipal administration or before the
competent court, reached between BoE and expropriated property owner on in-
kind compensation, the amount of cash benefits, mutual additional payments for
differences in the property value, building entrances, passages and access roads on
the property, as well as other actions permitted by Law.
"Cut-off Date" - Date of beginning of the census of persons and inventory of
assets affected by the Project. If a person(s) should occupy the project area after
the cut-off date, they will not be eligible for compensation and/or resettlement
assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and
woodlots) established after the cut-off date will not be compensated. Before the
census, information about the cut-off date would need to be publicly published.
"Economic Displacement" - Includes all loss of assets or resources, and/or loss of
access to assets or resources that leads to loss of income sources or means of
livelihood as a result of Project implementation, regardless whether affected
persons must move to another location or not. It includes, among other things, the
demonstrated decreases in agricultural, livestock, forest, hunting and fishing
yields resulting from project-related disturbance and/or pollution.
"Expropriation" - It refers to a dispossession or a limitation of ownership rights on
property with compensation pursuant to market price of the property.
"Land Acquisition and Resettlement Framework" - Refers to this document which
describes overall resettlement policy structure for the Project.
"Law of Expropriation" - Refers to Law on Expropriation and Determination of
Compensation of Republic of Serbia published in Official Gazette of the Republic
of Serbia No. 53/95, "Official Gazette of the FRY", No. 16/2001 - decision of the
Constitutional Court and "Official Gazette of the Republic of Serbia", No.
20/2009, 55/2013 - decision of the CC and 106/2016)
"PAP - Project Affected Person" - PAP is any person who, as a result of the
implementation of the Project experiences loss of assets or access to assets.
"Physical displacement" - Loss of shelter and assets resulting from the
expropriation of land associated with the Project that requires PAPs to move from
home, workplace or business premises to another location.
"Project" - When used in this LARF the Project refers to the process construction
of infrastructure that will enable taking up to 1m3 of raw water from the irrigation
canal (Jaračka Jarčina) and transfer it to the artificial accumulation
lakes(Borkovac and Pavlovci) via dedicated pumping station and raw water
pumping mains.
1 Introduction
CM Sasinci 26
CM Pavlovci 168
CM Ruma 118
Irig CM Rivica 42
1-Very low
Pre-Construction Phase
Construction Phase
1
In case of uncultivated land expropriation could result in benefits due to favorable compensation
rates
1-Very low
Operational Phase
Objectives of LARF
The main objective of LARF is to define overarching principles, procedures,
actions, organizational structures and capacity requirements during resettlement
and its impact attributable to Project implementation. It also provides the
framework for the development of LARP under the Project. LARF specific
objectives are:
• to classify RS legal solutions in all events of land acquisition, including legal
and administrative procedures and compensation paid for loss of assets;
compare them to EBRD PR 5 performance requirements and international best
practices; and provide the way to bridge the gaps, if any;
• to identify key institutions of RS, besides the Project Implementing Entity ,
involved in Project implementation, including especially legally authorized
state institutions implementing the procedures and safeguards of land
acquisition; who can support the Project Implementing Entity to implement
measures and monitoring in order to provide compliance with PR 5,
international best practices, this LARF and LARP;
• to identify stakeholders and ways of their engagement in course of Project
implementation;
• to present PAPs eligibility criteria and compensation entitlement matrix
according to type of lost assets;
• to define the process of identification and evaluation of affected assets and the
value of compensation to replace the loss of assets;
• to provide procedures that allow prompt and effective compensation at full
replacement cost for loss of assets or access to assets;
• to describe mitigation measures under this LARF and LARP, including
procedures in order to minimize impacts on PAPs during Project
implementation, including specific mitigation measures provided for
vulnerable groups;
• to define grievance and complaint rights, process, bodies and procedures
available to PAPs during the whole course of Project implementation,
including feedback reporting;
• to describe and provide directions for preparation of LARP and approval
procedure, future LARP outlines and their implementation process;
• to specify the requirement for public disclosure, disclosure of documents, public
and local community involvement in all phases of Project preparation; including
during LARP development;
• if the project affected person does not opt for land-for-land compensation they
are offered cash; If the Project Affected Person wishes to challenge the
assessment of “fair value” they can resort to the judicial process;
• in cases of project affected persons, without formal title, who has built a
permanent structure without a formal building permit, compensation can be
paid if decided by a Court under the Law on Fundamentals of Property
Relations, in terms of the investment made and as determined by an accredited
expert.
• in cases of partial expropriation and if the project affected person determines
that the remaining part is unviable, i.e. there is no economic interest to it, they
can submit a request for the acquisition of the unviable part. This only refers
to the parcels that are subject to permanent expropriation. The accredited
expert decides on the merits of such requests.
• Persons or legal entities owners of the perennial plants and trees such as fruit
bearing trees and vineyards, that are affected by the Project (regardless of the
status of land where it is planted);
• Persons or legal entities owners of vineyards and orchards that have not given
yield yet, and are affected by the Project (regardless of the status of land
where it is planted);
• Persons or legal entities owners of the nursery which has not given yield yet,
and are affected by the Project (regardless of the status of land where it is
planted);
• Persons or legal entities owners of the structures affected by the Project
(auxiliary buildings, fences, wells, irrigation systems, etc.) regardless of the
status of land on which the structures are located
• Communities or households whose access to their land, commonly held
resources and amenities are affected by the Project;
• Vulnerable groups, and individuals belonging to those groups affected by the
Project;
• Persons or legal entities whose losses cannot be determined or foreseen at this
stage of the Project (includes persons who have title over buildings affected by
the project).
enabled to continue to use the land in the same way they used it before the
implementation of the Project.
A – ECONOMIC DISPLACEMENT
LAND
Agricultural land – permanent Owner with formal title (including those Replacement land of equal or higher value and similar productivity in direct proximity
land acquisition that have a claim to land that is or in the surroundings of the expropriated land together with all costs of resettlement
recognised or recognisable under national and administrative fees needed for transfer of ownership rights, if any.
laws) Or
Cash compensation at replacement costs: market price of property + market price for
improvements + labour and time to install improvements at market price + moving costs
+ registration, administrative and tax fees.
Lessee with valid documents of the right Compensation for all improvements made to the land (such as irrigation).
of lease who cultivates agricultural land Compensation will be paid at replacement cost: market price for improvements + labour
pursuant to agreement and time to install improvements at market price + costs of equipment relocation and
installation, if any.
and
Replacement land for lease, if land was leased from state, if possible
PAPs without formal title (in possession Compensation for all improvements on land (such as irrigation). Compensation will be
of land prior to cut-off date) paid at replacement cost: market price for improvements + labour and time to install
improvements at market price + costs of equipment relocation and installation, if any +
transitional allowance
and
Replacement land for lease from state, if possible
Lessee with valid documents of the right Compensation at replacement cost: market price for improvements (such as
of lease infrastructure) + labour and time to install improvements at market price + moving costs
+ registration of ownership, administrative and tax fees, if any + transitional allowance
+ compensation for all rent paid in advance, for the period not expired
And
Replacement land for lease, if land was leased from state, if possible
PAPs without formal title (in possession Compensation: market price for improvements (such as infrastructure) + labour and
of land prior to cut-off date) time to install improvements at market price + moving costs + registration of
ownership, administrative and tax fees, if any + transitional allowance
And
Replacement land for lease, from state, if possible
Unviable land (in case the Property owners, lessee or users Compensation according to type of property, defined the same way as above, in this
remaining area of land is not regardless of their formal title or rights on section
viable, it can be expropriated private or publicly/state owned PAPs can submit the request for expropriation of the remaining area of land if is not
upon PAPs request) agricultural or construction land viable two years after the construction works are finalised.
(applicable only for permanent
land acquisition)
Agricultural land – temporary Owner with formal title (including those Compensation in the amount of the rent on the market for the similar land closest to the
land acquisition (easement and that have a claim to land that is parcel that is subject to temporary expropriation
lease) recognised or recognisable under national
laws)
Lessee with valid documents of the right
of lease who cultivates agricultural land
pursuant to agreement
Nursery not yet yielding Cash compensation at replacement cost: investment in planting material (seedlings,
labour and other reproductive material) + net loss for the time needed to grow same
nursery + transitional allowance
All immovable property on land Owners of improvements (it is not of Cash compensation at replacement costs: market price for improvements + labour and
(such as irrigation, fences, importance if the owner is an owner of time to install improvements at market price
wells, etc.). land, or lessee, or informal owner/user of
land providing that they bore costs of
improvements)
B – OTHER RESETTLEMENT SITUATIONS
Loss of access to usual Communities or households Renewing public ownership or services (irrigation system, roads, buildings of public
resources, amenities, interest or similar). Restoring access to conveniences or services to previous levels.
community held resources and
buildings
Impacts caused by temporary or Property owner (including those that have Market price of lease for duration of the occupancy + Replacement cost value in
partial occupancy of land and a claim to land that is recognized or accordance with this matrix for affected crops, orchards, nurseries etc. + Compensation
any damages to the property recognizable under national laws) for any damages to the property evaluated at replacement cost
made during temporary And;
occupancy
The land must be returned to original condition. Improved quality of the land due to top
soiling work should not be removed, except if agreed upon differently with owner.
PAPs without formal title (in possession Compensation for all improvements on land (such as irrigation). Compensation will be
of land prior to cut-off date) paid at replacement cost: market price for improvements + labour and time to install
improvements at market price + costs of equipment relocation and installation, if any +
transitional allowance + Replacement cost in accordance with this matrix for affected
crops, orchards, nurseries etc.
and
Replacement land for lease from state, if possible.
Impact on vulnerable groups Vulnerable persons, belonging to VG, On top of all rights defined in this matrix, vulnerable PAPs will be provided additional
with social status that may lead to more assistance including legal assistance and help during physical relocation. Any additional
adverse effect by resettlement than others support required for any affected vulnerable households will be determined on case-to-
or who may be limited in their ability to case basis during socio-economic survey. These PAPs are given priority of employment
claim or take advantage of resettlement on the project if that is possible.
assistance and related develop
Undetermined impact Any person affected by impact Any undetermined impact will be mitigated in accordance with principles and aims of
this LARF
of the affected communities will be informed about the CLO contact information
before land acquisition begins, through announcements in the premises of the local
community offices and the media, where appropriate.
Quarterly progress reports on grievance management will be submitted to the top
management. The purpose of this report would be to evaluate the grievance process
and determine additional actions if necessary. Additionally, the report would
provide the overview of the number and type of grievances allowing the
management to take broader actions to solve underlying problems. If required, these
reports could also be used for regular reporting to the bank.
imposed by the Government of the Republic of Serbia, which are in force at the
given time, public consultations regarding the LARP should be held in one of the
following ways:
a) public consultations in the premises of City of Sremska Mitrovica,
Municipality Ruma and Municipality Irig, with the application of prescribed
measures
b) public consultations in the open (locations to be defined as suitable), with
the application of prescribed measures
c) broadcast of the recorded presentation on local media channels and/or
websites of PWC Vode Vojvodine and City of Sremska Mitrovica,
Municipality Ruma and Municipality Irig; comments and questions to be
collected via email.
In line with the construction timeline, PWC Vode Vojvodine will organise
meetings in local communities and with the affected owners of land parcels along
the pipeline route where works will be carried out, to present the planned
construction works, safety risks (during construction and operation) and expected
construction nuisances, as well as foreseen mitigation measures and the grievance
mechanism. These meetings will also serve as platforms for potentially affected
people to ask questions and provide suggestions for further mitigation measures.
The meetings will be announced through the local media, on the PWC Vode
Vojvodine website and as recommended by local communities (e.g. through
letters, announcements on bulletin boards, by phone).
Project leaflets will be developed and disseminated to residents living or working
in the affected communities, before land acquisition. The leaflets will include a
Guide to Land Acquisition and Compensation (GLAC), a brief, non-technical
overview of the Project, dates when the works are expected to commence,
possible construction related nuisances, a description of the grievance
management procedure and contact details for submitting grievances.
PWC Vode Vojvodine will continue to inform the public through its website, the
media and in other appropriate ways on all significant project achievements and
issues (environmental, H&S and social).
Task Responsibility
Disclosure of the LARF Project Implementing Entity
Public notification about the start of expropriation and Project IE and LM
associated actions during all phases of expropriation
Communication and consultation with PAPs Project IE and LM
Activities prior to commencement of works Project IE and LM
Providing assistance during land acquisition and Project IE and LM
resettlement
Compensation payment, /Payment and/’or provision of Project Implementing Entity
additional assistance for bridging the gaps (national vs.
EBRD standards)
Grievances management Project Implementing Entity
Monitoring and reporting on expropriation and resettlement Project IE / External consultant
Monitoring and reporting during construction works Contractor and Project IE /
External consultant
reflect the external reporting required by the financing institutions and the stage of
the expropriation process.
The key performance indicators to be collected through the monitoring process to
access the land acquisition and resettlement process, are as follows:
• Number of public discussions and consultations scheduled and held on the
LARP and issue of LARP;
• Number of completed compensation payments;
• Number of access paths provided;
• Amount and type of assistances provided to vulnerable groups (if any present
in the Project area); and
• Number and type of grievances, including legal actions arising from land
acquisition and economic resettlement (submitted cases, resolved cases, time
needed for their resolution).
The Project Implementing Entity shall monitor the implementation of the land
acquisition process through internal, official institutional arrangements and
prepare quarterly summaries. Based on these quarterly reports the Project
Implementing Entity shall prepare a completion report within two months of
completion of the land acquisition process to summarize the overall
implementation and impacts. The report should verify that all physical inputs
committed in the LARF have been delivered and all services provided. In
addition, the report should evaluate whether the mitigation actions prescribed
have had the desired effect.
The Project Implementing Entity will include provisions in the Tender Documents
which will subsequently be transferred into the Contract for Construction works
setting as mandatory compliance with the provisions of this LARF and LARP that
will be developed. Such arrangements shall be included in the Contract for
Consultancy services also.
As a minimum, the Contractor will be obliged to notify the Implementing Entity
via the Supervision Consultant of any upcoming need for temporary occupancy of
land along with the draft lease agreement with the landowner. The lease
agreement will be subject to Implementing Entity’s prior No Objection to ensure
that the provisions of the contract follow the principles of this LARF and LARP to
be developed.
The Consultant engaged to supervise the civil works will have the obligation to
monthly monitor the implementation of these contracts (regular payment,
restoration of land as per the lease contract once the lease has ended) and report
back to the Project Implementing Entity.
A1 LARP Content
1. NON-TECHNICAL SUMMARY
2. SCOPE OF THE LAND ACQUISITION AND RESETTLEMENT
PLAN
3. PROJECT DESCRIPTION AND PROJECT POTENTIAL
IMPACTS
4. LEGAL FRAMEWORK
5. PRINCIPLES, OBJECTIVES, AND PROCESSES
5.1. PRINCIPLES AND OBJECTIVES
5.2. PROCESS OVERVIEW
5.3. GUIDE TO LAND ACQUSITION AND COMEPNSATION
6. AFFECTED ASSETS, AFFECTED PEOPLE AND
ENTITLEMENTS
6.1. CENSUS OF AFFECTED ASSETS AND AFFECTED HOUSEHOLDS
AND EXPROPRIATION STUDY
6.2. SOCIO-ECONOMIC BASELINE SURVEY
6.3. AFFECTED LAND
6.4. AFFECTED STRUCTURES
6.5. BUSINESSES
6.6. PEOPLE
6.7. ENTITLEMENTS
6.7.1. Eligibility to Compensation
6.7.2. Entitlement Matrix
7. RESETTLEMENT AND COMPENSATION
7.1. METHODS FOR VALUATION OF AFFECTED ASSETS
7.2. RESETTLEMENT
7.3. CASH COMPENSATION
7.3.1. Rates
7.3.2. Payment
7.4. ADDITIONAL ASSISTANCE
8. CONSULTATION AND DISCLOSURE
Full Name
By E-mail
_______________________________________________
Description of What happened? Where did it happen? Who did it happen to? What
Incident or is the result of the problem?
Grievance:
Date of
Incident/Grievanc
e
One-time incident/grievance (date _______________)
Happened more than once (how many times? _____)
On-going (currently experiencing problem)
Signature: ______________________________________________
Please return this form to:
Attention:
Postal Address:
Telephone:
E-mail address:
C1 Gap Analysis
For the most part the national legislation is in line with EBRD PR5. The table below refers only to the gaps between the resettlement solutions
envisaged by national legislation and EBRD PR 5 policies, and the way these gaps will be bridged. The complete overview of entitlements,
compensation and mitigation measures of adverse effects are provided in the Entitlement matrix in chapter 3.4.
Subject RS laws PR 5 requirements Gaps and measures for bridging the
gaps according to PR requirements
Resettlement The only document prepared is the Preparation of this LARF, LARP, socio-economic LARP, Census Survey and Socio-
instruments, Expropriation study which includes recording baseline assessment and census survey. economic impact assessments shall be
census and of the land parcels required for the Project and prepared in addition to the national
social impact identification of owners though the cadastre. requirements.
assessment There is no socio-economic assessment or
baseline collected
Public The public in general is notified about the Meaningful consultations with affected persons and The Project Implementation Entity shall
consultations project through the process of general spatial communities, local authorities, and, as appropriate, disclose and consult publicly on this
or specific urban detailed plan approvals nongovernmental organizations need to be carried out. document and every other individual
and/or Environmental impact assessment and All resettlement activities are implemented with resettlement instrument. PAP's and
presentation of the Expropriation study. appropriate disclosure of information, consultation and stakeholders will be informed and
However, there is no requirement to consult the informed participation of those affected. From the consulted during the planning phase
the potential PAPs directly prior to the start of earliest stages and through all resettlement activities the and during all the implementation
expropriation. There are no provisions on client will involve affected citizens (men and women), phases of the Project to bridge the gaps,
public discussions, census, socio-economic including host communities. This will facilitate their ensuring that PR 5 requirements are
baseline assessment or any sort of involvement early and informed participation in the decision-making fully met.
of stakeholders and communities potentially processes related to resettlement.
affected by the Project.
Timing of Budget for compensation (land, assets, The compensation should be provided before Taking possession over the affected
compensation additional assistance) needs to be secured as a construction work start and before taking possession of property is possible only once the
payments and condition precedent to commence with the assets compensation is paid or a formal court