Structure and Content of the Resettlement Policy Framework

SUBMITTED TO: Republic of Yemen Ministry of Electricity and Energy

Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

TABLE OF CONTENTS

LIST OF TABLES Table 1.1 Size of Settlements within the Project Site Table 1.2 Potential Number of Negatively Affected Households within the Four Villages and the Types of Impacts Table 1.3 Replacement Cost for Tangible Assets

LIST OF FIGURES Figure 1.1 The Proposed Location of Al Mokha Wind Farm Figure 1.2 The Three Proposed Scenarios of WTG in the Project Site Figure 1.3 The Villages within the Project Sites Figure 1.4 Main Approaches for the Grievance Redress

Figure 3.1 PAPs Consultation and Participation in the RAP/ARP along the Project Cycle

LIST OF BOXES Box 1.1 Guidelines for the Monitoring Indicators

Box 2. 1 Issues Related to Land Acquisition and the Yemeni Relevant Laws Box 2. 2 Yemeni Legislations Governing Private Land Property Box 2.3 Yemeni Legislations Governing State/Government Land Property Box 2.4 Yemeni Legislations Governing Communal Land Property Box 2.5 Yemeni Legislations Governing Endowment/ Waqf Land Box 2.6 Yemeni Legislations Governing Agricultural Land Box 2.7 Yemeni Legislations Governing Neighborhood Rights Box 2.8 Yemeni Legislations Governing Rights of Squatters

2 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

LIST OF ABBREVIATIONS AFD Agence Française de développement ARPs Abbreviated Resettlement Plans EC Estimation Committee ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan (ESMP) FCC Feedback and Complaint Committee FGD Focus Group Discussions IDB Islamic Development Bank IR Involuntary Resettlement LRC Local Resettlement Committee M&E Monitoring and Evaluation MoEE The Ministry of Electricity and Energy MPP Mokha Power Plant MWFP Mokha 60MW Wind Farm Project OP Operational Policy PAPs Project Affected Persons PMU Project Management Unit PRA Participatory Rapid Appraisals RAPs Resettlement Action Plans RED Renewable Energy Department RESAP Renewable Energy Strategy and Action Plan RPF Resettlement Policy Framework SDO Social Development Officer SPC Special Purpose Company WB World Bank WTG Wind Turbines Generators

GLOSSARY

Abbreviated Establish a baseline through the census of PAPs which will Resettlement comprise socio-economic data, the inventory of assets lost, and Plan the compensation and resettlement benefits awarded to the PAPs.

Affected persons All persons who, as result of work carried out or to be carried out under the Project, would incur involuntary loss, temporarily or permanently, of land, shelter, productive assets or access to productive assets, or of income or means of livelihood and, as consequence, would have their living standards or production

levels adversely affected.

Compensation Payment in cash or in kind to replace losses of land, housing income, and other assets caused by the project.

Cut off Date The date of the census prior to which the occupation or use of the project area qualifies residents or users of the project area as affected persons.

Involuntary Actions that may be taken without the displaced person’s informed consent or power of choice.

Involuntary The unavoidable displacement of people and/or impact on their Resettlement (IR) livelihood, assets and common property resulting from development projects that create the need for rebuilding their livelihood, sources of income and asset bases.

Land Acquisition The process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for a public purpose, in return for fair compensation.

Monitoring The process of repeated observations and measurements of environmental and social quality parameters to assess and enable changes over a period of time.

Project Affected Includes any people, households, firms or private institutions Person who, on account of changes that result from the project will have their (i) standard of living adversely affected, (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement.

Public The dialogue encompassing consultation and communication Involvement between a project proponent and the public. It includes dissemination, solicitation and presentation of information.

Rehabilitation/ A term often used to describe the process of reestablishing Resettlement lifestyles and livelihoods following resettlement. The term is also used to describe construction works that bring a deteriorated structure back to its original conditions.

Resettlement A time-bound action plan with a budget, setting out resettlement Action Plan strategy, objectives, options, entitlements, actions, approvals, (RAP) responsibilities, monitoring and evaluation.

Social Impact An effect (both positive and negative) on a social issue resulting from development projects.

Stakeholders Those who have an interest in project development and who will be involved in the consultative process, and includes any individual or group affected by, or that believes it is affected by the project; and any individual or group that can plan a significant role in shaping or affecting the project, either positively or negatively, including the host community/ population.

Vulnerable Distinct groups of people who might suffer disproportionately Groups from resettlement effects, including the poor, landless and semi- landless, female-headed, disabled and elderly households without means of support and those from minority groups.

EXECUTIVE SUMMARY

Project Background

Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of demonstrating the financial feasibility of wind power by implementing the first wind power development project in Yemen. MWFP is expected to add 60 MW of clean power to the national grid.

The target capacity of 60 MW will be met through introducing a number of Wind Turbines Generators (WTG) that will be located according to a favorable scenario

5 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF) that has been compared to two other scenarios. The proposed scenario is optimal in terms of energy production, sensitivity to habitat, aesthetic impacts and amount of waste generated during construction. The proposed scenario will involve the installation of 30 WTGs each of 2 MW capacities with hub height of 78m. The other project components will include internal roads, an input portal, an overhead 132 Kv power line and internal cabling.

The proposed location of MWFP is located on the coastal area in the western part of Yemen, around 4 Km away from Al-Mokha in the vicinity of the existing Al-Mokha Thermal Power Plant. It will occupy an area of around 48 m2.

MWFP is expected to have substantive positive impacts on the local communities in Al Mokha and the country at large. The positive impacts include creating job opportunities for Al Mokha residents both during construction and operation phases, improving the power provision to Al Mokha and the neighboring communities and assisting local communities in attaining several advantages in the form of enhanced access to market and better income earning opportunities.

The field visits and surveys carried out in the project site showed that there are 93 households with a total population of 339 individuals who are originally Bedouin nomads who have settled in this area for more that 20 years. Village residents juggle a number of activities that are characterized by being marginal, fragile and poorly rewarding with the main objective of making a daily living. The communities’ main activities involve fishing, driving, grazing animals and collecting firewood.

These communities are mainly composed of three villages, namely, Al Holeiby, Seriga, and Al Oksh.. They are under the administrative arrangements of Al Mashalha, Al Mokha Districts. Like many other rural areas in Yemen, the role of traditional institutions in resolving disputes through mediation, customary tribal arbitration, and mutual accord is important in Al Mokha. Most disputes in Yemen are originated from water right and land ownership. Customary laws in tribal areas are strong and effective in resolving rural land disputes. Traditional institutions have played and continue to play important role in addressing the rural land needs of public benefits projects in Yemen. It is anticipated that the traditional structure in Al Mohka project area will play similar role in resolving issues that might arise between the project and communities.

From the preliminary survey and field observation, it is predicted that MWFP operations will not result in major land acquisition. There will not be physical displacement that will be caused by the project and that will require relocating and resettling people.

However, if for unforeseen and unavoidable circumstances the project requires land acquisition and negatively impacted livelihoods, the policy principles and objectives stated in this RPF will be applied. In the case of dispute between the project and local community, the Yemeni customary law, deemed consistent with OP 4.12 if properly documented, will be used. Existing traditional conflict resolution mechanism will be activated and will be deployed to resolve disputes. Capacity building support will be provided by the project.

Main National Legislation that Regulates Land Expropriation

The key Yemeni legislation that deals with land related issues are: the National Constitution; the Civil Law; Law no. 21 of 1995 concerning State Land and Real Estate; the Republican Decree 170 of 1996; Waqf Law no. 23 of 1992; the Republican Decree 99 of 1996; Law no. 21 of 1995 concerning State Land and Real Estate and; Law no. 1 of 1995 concerning the Public Eminent Domain Law. Under Yemeni legislation, land could be classified as: (a) privately-owned land, (b) state-owned or government land, (c) communal land, (d) endowment/ waqf land: agriculture land, (e) land for neighborhood rights, (g) squatters occupied land. The Legislation includes several provisions that regulate the process of declaring land plots for public interest, the provisions for expropriation and compensation; and the definition of rights of owners and use of communal property. Land acquisition is regulated by the Public Eminent Domain Law no. 1 of 1995 which aims at locating and identifying State Lands and Estates and establishing plans that identify such lands, and protect and maintain them against any kind of aggression. According to Article 1 of this law, ministries, authorities and general intuitions may carry out acquisitions for the public interest when justified by necessity, in return for fair compensation. Article 2 of the same law states the definition of “Projects of Public Interest.” The main institutions responsible for land-related issues are the General Authority for Land Survey and Urban Planning (GALSUP) through the Land Department, Planning Department, Notary Public Department and the Control and Inspection Department. The Ministry of Public Works and Highways (MoPWH), the Ministry of Finance (MoF) as well as the Local Councils which also plays an institutional role in regulating land issues.

Moreover, under Articles 18 to 20 of the Law of State Lands Real Estates, the Minister of Justice establishes a permanent or temporary EC in every governorate, or for each individual case that comprises a judge, who takes the role of chairman, an engineer, a representative of the expropriating authority, and the owner(s) of the expropriated real estate or their representative. The EC role is to consider the various pieces of legislation related to land acquisition and rights of squatters on public land while making compensation for involuntary settlement.

There are several challenges related to land ownership and institutional capacities in Yemen that could be summarized as follows:  Land ownership issues are complex in Yemen, and are beyond the scope of a MWFP to resolve.  The practical application of the law confronts many challenges including the growing confusion over communal land and privately-owned land and the trend of increasing private appropriation of communal land.  There is little public confidence in the Land Registry, mainly in the rural areas.  The overlapping responsibilities and the bureaucratic procedures of the various concerned institutions lead to delayed responses to the affected persons.  Law enforcement holds many challenges and the judicial system also exhibits some weaknesses.

World Bank Safeguard Policies on Involuntary Resettlement (OP 4.12)

Involuntary Resettlement (IR) resulting from development projects will, if unmitigated, give rise to difficult economic, social, and environmental risks that may lead to a variety of unacceptable impacts including dismantling of production systems, impoverishment of people, relocation of displaced persons to environments that do not suit their skills, weakening of community institutions and social networks, dispersion of extended families and kin groups and loss of cultural identity. However, well-designed resettlement programs may represent good development opportunities. WB OP 4.12 is a road map for the identification, preparation, and implementation of Bank-funded programs with a focus on minimizing negative social and economic impacts on individuals and communities. The overall objective of OP 4.12 is to avoid IR where feasible by exploring alternatives. If IR is unavoidable, resettlement activities should be conceived and executed as sustainable development programs where displaced persons should be meaningfully consulted. Resettlement programs should work to improve the livelihoods of the Project Affected Persons (PAPs). The policy covers the direct economic and social impacts that result from Bank- assisted projects and are caused by the involuntary taking of land resulting in relocation or loss of shelter, loss of or access to productive assets, or loss of sources of income or means of livelihood, whether or not the affected persons must move to another location; or, the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. Potential Impacts

Generic short and long term environmental and socio-economic impacts potentially occurring from involuntary resettlement include:

. Disruption of production and income generation both on temporary and permanent bases; . Loss of land or other assets; . Affecting the incomes of local communities by introducing new income generations opportunities which are not suitable to the local skills; . Weakening of community and social fabric and networks; . Dispersion of family and kinship groups; and . Loss of cultural identity and traditional authority.

Under MWFP, the above impacts are not predicted to be encountered by local communities. However, temporary impacts associated to the construction phase including physical works will occur. These will be mitigated through measures described in the Environmental and Social Management Plan (ESMP).

Purpose and Key Elements of the RPF

The purpose of this RPF is to establish resettlement objectives, principles, organizational arrangements, overall design of the resettlement program, and funding mechanisms for any resettlement operation that may be necessary during the MWFP preparation and implementation phases.

When the precise location and exact extent of land acquisition by MWFP becomes known during the implementation phase, site specific Resettlement Action Plans 8 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

(RAPs) or Abbreviated Resettlement Plans (ARPs) should be prepared, depending on the scale and severity of impacts. The resettlement process should be finalized prior to the commencement of any physical works.

If the need arises to resettle PAPs, the resettlement process will follow the principles outlined in this RPF and shall take the social context into account and adapt it to local conditions. This RPF along with the suitable resettlement instrument will be used for establishing appropriate mechanisms that will be specifically tailored to deal with resettlement problems that might arise as a result of MWFP.

This RPF consist the following elements, consistent with the provisions described in OP 4.12, paragraph 2 and 4. Each of these elements will be discussed in chapter one, two and, three in full detail.

 a brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a resettlement plans can not be prepared by project appraisal,  Principles and objectives governing resettlement preparation and implementation,  A description of the process for preparing and approving resettlement plan,  Estimated population displacement and likely categories of displaced persons, to the extent possible,  Eligibility criteria for defining various categories of displaced persons,  Methods of valuing affected assets,  Organizational procedures for delivery of entitlements,  A description of the implementation process- linking resettlement implementation to civil work,  A description of grievance redress mechanisms,  A description of the arrangements for funding resettlement, including the preparation and review of cost estimate, the flow of fund and, contingency arrangements,  A description of mechanisms for consultations with, and participation of, displaced persons in planning, implementing, and monitoring,  Arrangements for monitoring by implementing agency and, if required, by independent monitors,  A legal framework reviewing the fit between Yemeni law and legal framework and Bank policy requirements and measures proposed to bridge any gaps between the two systems,

CHAPTER ONE: PROJECT SPECIFIC INFORMATION

1.1 Al Mokha Wind Farm 60 MW Project (MWFP)

1.1.1 Project Background

The power sector in Yemen is facing many challenges in providing reliable energy service. The country has the lowest population access to electricity in the region. Little over 40% of the total population has access to electricity compared to a regional average of about 90%. Because power generation in thermal power plants causes many environmental impacts including deteriorating air quality, increasing greenhouse gas emissions and depleting natural resources from fossil oil, the 9 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

Yemeni Government has initiated the Renewable Energy Strategy and Action Plan (RESAP) in which different sources of renewable energy have been investigated. It was concluded that wind energy, along with solar energy, are potentially among the most feasible sources of renewable energy in the country.

The Ministry of Electricity and Energy (MoEE) has investigated wind resources at a number of sites in the country, focusing in Al Mokha and Hodeidah regions, as a preliminary step for implementing a wind farm project. The results of these investigations have shown favorable conditions in Al-Mokha compared to Al Hodeidah. Accordingly, MoEE is currently planning for implementation of the Al- Mokha Wind Farm Project (MWFP).

Wind energy is a fast growing renewable energy source throughout the world, which has gained popularity in recent years due to soaring fossil fuel prices and improved wind harvesting technologies. While wind energy is an environmentally friendly and clean technology, there are potential environment impacts from the wind farm and associated power lines on biodiversity, particularly birds and other airborne animals (such as bats).

1.1.2 Project Objective

Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of demonstrating the financial feasibility of wind power by implementing the first wind power development project in Yemen and adding 60 MW of clean power to the national grid.

1.1.3 Project Proposed Location and Components

The proposed location of MWFP is located on the coastal area in the western part of Yemen. Typically the coastal area in the western part of Yemen is semi-desert with rare vegetation and rare inhabitation. The project site is around 4 km far away from Al-Mokha port. The proposed project site is located in the vicinity of the existing Al- Mokha Thermal Power Plant as the generated power shall be connected to the existing substation of the thermal power plant (The proposed site for Al Mokha is shown in figure 1.1 below).

Figure 1.1: The Proposed Location of Al Mokha Wind Farm

The project site occupies an area of about 48 km2 and will involve installation of wind turbines with a total capacity of 60 MW that will be connected to the national grid.

The target capacity of the project (60 MW) will be met by introducing a number of Wind Turbines Generators (WTG). The Feasibility Study consultants have developed three scenarios for WTGs rating, number and layout. The prepared Environmental and Social Impact Assessment (ESIA) also explored the proposed scenarios in terms of the environmental and social impacts and conclude that the scenario that involves the installation of 30 WTGs each of 2 MW capacities with hub height 78m, shown in turquoise color in the layout shown in Figure 1.2 is the most feasible scenario from environmental and social perspectives. The ESIA Chapter on Project Alternatives describes the three scenarios in more detail and concluded that the selected alternative is favorable in terms of the following considerations:

1. The most energy production (optimization option) 2. Least impacts on sensitive habitat of the area, particularly migrant birds 3. The least impacts on aesthetic view 11 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

4. Less generated waste during construction (less construction works) 5. Less impacts on traffic and generation of vehicles air emissions 6. Longer life span and less maintenance requirements 7. Less noise, vibrations and shadow flickering effects

In addition to the WTG, the project components also include other components like internal roads which will include a connection from the main road (as indicated in Figure 1.2 below), a main distributor road and three stretches serving WTG rows. Project components will also encompass internal cabling which will connect each row of WTGs, underground 33 Kv cables and 3/132 substation which will be located at the southwest respect of the project site. Overhead 132 Kv power line will also be installed to connect the wind farm substation to MPP substation for a distance of about 2.6 km. Moreover an input portal shall be built for phase cables mooring at the Mokha Power Plant (MPP) substation.

Figure 1.2 The Three Proposed Scenarios of WTG in the Project Site.

The turquoise color refers to the preferred scenario (scenario 3), while the purple and green colors present the two other alternatives. The yellow lines represent the access roads that will be established as part of the project and the black lines represent the power cables. The few red dots represent the communities within the project area.

1.1.4 Why Not Prepare RAP/ARP During Project Appraisal?

It is not possible to prepare a RAP or ARP during the project appraisal as the precise location of WTGs has not yet been known. RPF is then the appropriate resettlement instrument that the Project Management Unit (PMU) can feasibly submit to the Bank as condition to project for appraisal.

When of the precise location of the WTGs is known and if it is determined that MWFP’s activities will necessitate involuntary resettlement, then RAP/ARP

12 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF) consistent with this RPF will be prepared and submitted to the Bank for approval. The RAP/ARP document will be submitted to the Bank prior to starting of any construction work.

1.2 Principles and Objectives Governing Resettlement Preparation And Implementation

1.2.1 Policy Principles

Involuntary Resettlement (IR) resulting from development projects will, if unmitigated, give rise to difficult economic, social, and environmental risks that may lead to a variety of unacceptable impacts including: i) dismantling production systems, ii) impoverishing people when their productive assets or income sources are lost, iii) relocating of displaced persons to environments where their productive skills may be less applicable and the competition for resources greater, iv) weakening of community institutions and social networks, v) dispersing of extended families and kin groups; and vi) losses of cultural identity, traditional authority, and the potential for mutual help.

On the contrary, a well-designed and a well-implemented resettlement program may represent good development opportunity. By providing proactive mitigation measures, that will lead to sound resettlement planning, OP 4.12 is designed to ensure that Project Affected Persons (PAPs) are not negatively affected by Bank-financed projects. It is a road map to be used by practitioners in the identification, preparation, and implementation of Bank-funded programs with a focus on minimizing involuntary resettlement’s negative social and economic impacts on individuals and communities.

1.2.2 Policy Objectives

The overall objectives of the Bank’s policy on involuntary resettlement are:

 Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs;  Where it cannot be feasibly avoided, resettlement activities should be conceived and executed as sustainable development program, providing sufficient investment resources to enable displaced persons to share the project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs and compensation measures; and  Displaced persons should be assisted in improving their livelihoods and standards of living or at least in restoring them, in real terms, to pre- displacement levels or to levels prevailing prior to project implementation, whichever is higher.

1.2.3 Policy Coverage

The Bank policy on involuntary resettlement covers the direct economic and social impacts that both result from Bank-assisted projects and are caused by:

 The involuntary taking of land resulting in relocation or loss of shelter, or loss of access to productive assets, or loss of sources of income or means of livelihood, whether or not the affected persons must move to another location; or,

 The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.

This policy applies to all components of Bank-supported projects that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement, that in the judgment of the Bank, are directly and significantly related to the Bank-assisted projects, necessary to achieve the objectives set forth in the project documents, or carried out or planned to be carried out, contemporaneously with the project.

1.3 Preparing and Approving Resettlement Plans

During implementation of the MWFP, the scale and severity of its impact will be assessed and determined. Since the precise location of turbines, transmission lines and Diesel Generator sets are not yet known at this stage of the project, it is recommended that the preparation and disclosure of this RPF is conditional for its appraisal.

If, in a very unlikely circumstance, involuntary resettlement and involuntary acquisition of land becomes an unavoidable reality, the MWFP will consider preparing ARP or RAP1 that must be consistent with this RPF.

Preparing and processing ARP or RAP entails: i) screening and reviewing MWFP areas, ii) conducting census and socioeconomic survey around and within the MWFP areas, iii) establishing eligibility criteria, iv) conducting consultations, v) preparing the ARP or RAP document, vi) reviewing the document and, vii) assessing and identifying the resettlement implementing agency implementation capacity and building its capacity.

1.3.1 Resettlement Instruments

If resettlement planning is applicable to MWFP, then the next question will be which of the Bank’s resettlement planning instruments will be appropriate to address the project’s impact sufficiently.

Choosing the kind of instrument to be used by the project will be the responsibility of Bank task team. The team will have to weigh the scale and magnitude of impact and choose the appropriate planning instruments from the following:

 Resettlement Action Plan  Abbreviated Resettlement Plan  Process Framework

1.3.1.1 Resettlement Action Plan (RAP)

1 Detailed guidelines for preparing a RAP are available one the World Bank's website www.worldbank.org . 14 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

The preparation of this planning instrument is dependent upon the scale of the MWFP impacts on livelihoods. RAP is prepared when the details of the MWFP are known at appraisal. A full RAP is required when: a) more than 200 individuals are affected; b) all of the PAPs lose more than 10 percent any of their holdings; c) the remainder of their land is economically unviable; and (c) they have need for physical relocation. For more details on the process of RAP preparation and the different resettlement steps within the project cycle see Annex I.

1.3.1.2 Abbreviated Action Plan (ARP)

This planning instrument is prepared if the resettlement impacts are minor or the MWFP displaces fewer than 200 people. Resettlement impacts are considered minor if: (a) all of the PAPs lose less than 10 percent of their land, regardless of the number of PAPs; (b) the remainder of their land is economically viable; and (c) they have no need for physical relocation. For more detail see Annex I.

1.3.1.3 Process Framework (PF)

The Process Framework is prepared if the operation of MWFP imposes restrictions of access to legally designated parks or protected areas. If the project restricts access to common property or natural resources as a result of its activities, it is then imperative that the project prepare and submit a process framework as a condition for appraisal.

1.4 Estimated Population of PAPs and Categories of PAPs

Size of households: The field interviews, surveys and observations carried out showed that very small and sparse communities are currently living within and around the project sites. There are 93 households within the project site of which 3 are uninhibited households and one is a grave. The survey showed that the total population of those households that accepted to reveal their information is 339 individuals. Their sizes and settlement is depicted by Table1.1 below.

Table 1.1 Sizes of Settlements within the Project Site Number of Village Households Name of the Village 24 houses Al Holeiby 33 houses Al Oksh 32 houses Seriga

Length of settlement: The residents of the three villages are originally Bedouins who used to wander in the desert seeking water and grass for their animals. They mentioned that they have lived in this site since 1990, while a few of them mentioned that they have lived there for 35 years. According to them this place includes a multitude of attraction factors that allowed them to make a living and settle. These factors include access to open space and natural resources like trees which allow them to cut and burn wood both for domestic activities and selling. The site also enjoys proximity to the sea, which allows a portion of the residents to work in fishing. Moreover, proximity to Al Mokha allows access to economic opportunities in Mokha. Annex II of the RPF presents full report for the registration survey including the key findings from the field.

Means of livelihoods: The main occupations include working as daily laborers in Mokha port, fishermen, firewood sellers and shepherds. Moreover, proximity to the high way allows some of the young male residents to make a living through offering transport services to the road users. Almost all women do not work outside homes except in very limited activities that involve collecting wood and limited grazing. Women and female children are fully responsible for domestic works.

Housing style: The most dominant housing style in the settlement within the project areas are mostly of unstable structure. This is what local people call “the Tihama coastal houses" which is very close to cottages. The most dominant construction materials for these structures are mud, straw, trees wood and palm leaves. In very few cases residents used cement bricks in supporting their shanties.

It should be noted that the majority of the people in the area could be categorized by law as “squatters” due to the fact that almost all of them do not own the legal documents that proves their ownership of the land2.

Vulnerable groups: Consideration must be given and assistance provided, where necessary, to those most vulnerable groups if involuntary resettlement becomes unavoidable option. The likely PAPs under MWFP, among other categories, are vulnerable groups who could be included under the following:

 Those living below the poverty line, and the landless;  Elderly, women and children, indigenous peoples;  PAPs who may not be protected through national land compensation legislation; and  Those who do not have alternative sources of income apart from the land resources- based activities.

Under the World Bank OP 4.12, there is clear emphasis on the need to give special attention to the rights of vulnerable groups to make sure that they are not excluded from any measures adopted within overall resettlement actions. Importance is given to a fair treatment of vulnerable groups out of a belief in the role played by social identity in determining who has access to which resources. Vulnerable groups are normally at a higher risk of impoverishment.

If the decision is made to prepare ARP or RAP, the MWFP will conduct a census survey and a socioeconomic study to help identify vulnerable groups whose livelihoods might be impacted. The result of the census and the socio-economic study will be used to determine the appropriate types of compensation and the forms of assistance to be provided to vulnerable groups. Types of assistance are varied. For example, assistance with the compensation payment procedure might include going to the bank with the person to cash the compensation check; or assistance with the post payment period might require reducing risks of misuse/robbery; or assistance during moving might require providing a vehicle and driver; or assistance at the moving stage might necessitate providing materials, labor, or building houses; or assistance with health care at critical periods such as the moving and transition periods, etc.

2 WB OP 4.12 emphasizes the rights of these groups in receiving resettlement assistance, in case OP 4.12 is triggered. The Yemeni Law no 21 of year 1995 concerning State Land and Real Estate also protects the rights of squatters and several local mechanisms were tailored in several Governorate to deal with these cases (as will be mentioned in more details below). 16 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

Local communities within the project area are of the poorest groups precautionary measure will be taken to ensure that the local population maintains access to the various common resources in the areas, including access to grazing and logging

The PMU is responsible for implementing these measures. The PMU will work to ensure and facilitate the efficient implementation of the social and economic mitigation measures outlined in this RPF and will be responsible for creating communication channels between communities and the relevant authorities and the Local Councils.

1.5 Eligibility Criteria

Since MWFP impacts have not yet been known it is not possible to determine who is qualified or not qualified for compensation benefits. Nonetheless, all PAPs who suffer complete or partial losses of assets or access to assets shall be eligible for some kind of assistance, according to their legal rights to the land, if it can be proven that they occupied the land before the claim cut-off date. The Bank OP 4.12 specifically proposes the following three general categories for eligibility:

 Those who have formal, legal rights to land, including customary and traditional rights, recognized under the laws of the country;  Those who have no formal legal rights to land at the time the census begins but have a claim to such land or assets, provided such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and  Those who have no recognizable legal right or claim to the land they occupy.

Eligibility for compensations will recognize private, customary or traditional rights as well as formal and informal contractual rights. Since the MWFP will not require involuntary land acquisition, its operation will not affect land ownership, customary, and traditional rights or formal and informal contractual rights.

1.5.1 Compensation under Land Ownership

As planning information becomes available, land ownership and severity of impact shall be used to determine compensations for resettlement entitlements. The type of ownership or claim, in combination with the severity of impact, determines the relevant resettlement entitlements, which are generally defined in proportion to the impact on PAPs.

1.5.2 Compensation under Severity of Impact

OP 4.12 stated that eligibility under the severity of impact may range from minor to severe impacts. Minor impacts occur when less than 10% of productive assets are lost with no physical relocation required. Impact is severe when more than 10 percent of land or resources are taken and when physical relocation occurs from one’s residence or place of business, or people suffer significant loss of livelihood and income. As previously mentioned, the number of PAPs under MWFP will reach around 20 families in the three villages. However, the impacts do not involve involuntary resettlement. The nature and severity of impacts are expected to be within acceptable levels and several positive returns are expected to compensate those temporary 17 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF) negative impacts like construction inconvenience. In the meantime, the ESMP presented mitigation measures that will adequately deal with the negative impacts and will ensure that they are reduced to a minimal level.

1.5.3 Establishing Procedures and Eligibility Criteria

If MWFP requires resettlement planning to address adverse impact on livelihoods, the PMU will develop a procedure satisfactory to the Bank for establishing the criteria by which PAPs will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful multi-stakeholders consultations with PAPs and PAP-communities, local authorities and relevant NGOs, and government agencies.

1.6 Compensations and Methods for Asset Valuation

1.6.1 Asset Valuation

The valuation of losses in physical assets will be carried out by assessing the market value of the assets, if known, and estimating the replacement cost. Replacement cost is simply calculated as the cost of replacing the lost assets plus any transaction costs associated with bringing the asset to pre-displacement value. Replacement cost will differ depending on the type of asset, as illustrated in Table 1.3 below.

Table 1.3: Replacement Cost for Tangible Assets Asset Replacement Cost Agricultural Equals the pre-project or pre-displacement, whichever is higher, Land market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. Urban Land Equals the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. Houses / Other Equals the market cost of the materials to build a replacement Structures structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. Source: WB OP 4.12

For intangible loses that cannot easily be valued in monetary terms (i.e. access to employment opportunities, public services, natural resources, social capital), the sub- projects should attempt to establish access to equivalent resources and earning opportunities that are acceptable to the PAPs.

1.6.2 Asset Valuation Method Law no. 21 of 1995 concerning State Land and Real Estate defines the formation of an Estimation Committee (EC) to be in charge of estimating the value of compensation. The committee should consist of a judge, an engineer, representative of

18 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF) the expropriated entity, and the owner of the expropriated real estate. The law stipulates that the EC should look at number of plantations and establishments. If there was more than one owner and they did not agree on one representative, then the majority decides. Otherwise the president shall appoint an expert as a representative of the owner. Decisions of the EC are based on the majority vote. The PMU should be represented in the EC.

1.6.3 Compensation Fair compensation3 is a constitutional condition for lawful expropriation according to Article 1166 of the Civil Code no. 19 of 1992 which stated that no one is to be deprived of his/her property except in accordance with the law and in exchange for fair compensation.

Compensation will be provided to all individuals whose assets or access to assets is severely affected or damaged, as a consequence of land acquisition or any other activities undertaken by the sub-projects. The compensation for the loss of physical and non-physical assets will vary depending on the type of loss, severity of the loss, and eligibility of the PAPs. Compensation may come in the form of cash compensation, in-kind compensation, and/or assistance.

All PAPs will be entitled to monetary compensation at replacement cost, at market value (at the entitlement cut-off date), for affected tangible assets. Another option may be in-kind compensation where the affected assets would be replaced with an asset of similar size, value, and quality. The decision as to which type of compensation is used should be jointly agreed upon between the PMU and the PAPs and shall be subject to the availability of replaceable assets. Moreover, development and resettlement transitional assistance needed to restore the livelihood and standard of living of PAPs under the sub-project to pre-project levels shall also be part of the compensation component of any resettlement plan (i.e. short-term jobs, subsistence support, moving allowance, salary maintenance, food assistance, etc).

It should be noted here that compensation for losses in communal property shall only be in-kind for the community as a whole, and shall take the form of reconstruction of the affected or damaged facility (i.e. public school buildings, markets, etc) to at least the same standard prior to the project’s implementation.

As part of the resettlement process, a resettlement matrix identifies the expected negative impacts from the sub-project, the eligible persons for compensation, and the compensation policy that is to be applied. Since MWFP is still in the appraisal stage, and plenty of the detailed implementation activities have not be defined, the attached entitlements matrix in Annex II may serve as a generic tool for identifying the possible losses arising from the project and the respective entitlement benefits of the PAPs. However, it should be noted that the impacts assessment performed concluded that none of the types of loses in the entitlement matrix will be encountered by local communities within the project site. It is thus believed that the proposed mitigation measures will provide all the necessary actions to mitigate any potential negative impact.

3 According to Law no. 21 of 1995, EC should be in charge of estimating the value of compensation as previously mentioned. Fair compensation is a constitutional condition for lawful expropriation according to article 1166 of the Civil Code No. 19 / 1992. 19 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

In general terms and in projects where OP 4.12 is triggered, measures should be considered to ensure that PAPs are:  Informed about their options and rights;  Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and  Provided with prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project.

If the impacts include physical relocation, the project includes measures to ensure that the PAPs are:  Provided assistance, such as moving allowances, during relocation; and  Provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors are at least equivalent to the advantages of the old site.

Where necessary to achieve the objectives of this policy, the RAP/ARP also includes measures to ensure that PAPs are:  Offered support after displacement, for a transition period, based on a reasonable estimate of the time needed to restore their livelihood and standards of living;  Provided with development assistance in addition to compensation measures; and  Provided with land preparation, credit facilities, training, or job opportunities.

1.7 Organizational Arrangements for Entitlement Delivery

1.7.1 The World Bank

In meeting the objectives of the Bank’s policy on Involuntary Resettlement, the Bank may at a Borrower’s request support concerned entities by providing:  Assistance to assess and strengthen resettlement policies, strategies, legal frameworks, and specific plans at a country, region or sector level;  Financing for technical assistance to strengthen the capacities of agencies responsible for resettlement, or of affected people to participate more effectively in resettlement operations;  Financing for technical assistance for developing resettlement policies, strategies, and specific plans, and for implementation, monitoring, and evaluation of resettlement activities; and  Financing for the investment cost of resettlement.

Along the RAP/ARP cycle, the Bank is also responsible for:  Screening findings and advice on the need for RAP/ARP and whether or not other remedial actions need to be taken;  Approving the developed RAP/ARP prior to the execution of sub-projects or expropriation activities;  Contracting the external monitoring consultant; and  Reviewing monitoring reports and sending feedback to the PMU.

1.7.2 The Project Management Unit (PMU)

Along the Project Management Unit (PMU) is responsible for:

 Screening the project activities to check if any activity will result in land acquisition and involuntary resettlement;  Hiring resettlement consultant for the preparation of the RAP/ ARP;  Preparing the ToRs for the LRC;  Following up on the formation of committees and coordinate with the local authorities;  Ensuring the interest of PAPs, particularly the vulnerable groups, are well addressed by the RAP/ARP;  Sending RAP/ARP for WB approval;  Facilitating the different consultation activities;  Participating in responding to the grievance and work towards solving related issues;  Overseeing/monitoring the progress in resettlement preparation and implementation through reviewing regular progress reports;  Reporting regularly to the WB on resettlement activities (RAP/ ARP implementation);  Keeping records and documentation and ensure data compilation in a way that facilities the task of the external monitoring the process as part of the monitoring activities (e.g. grievance process and action taken);  Participating in preparing the external monitoring consultant ToRs according to the WB standards;  Building the capacities of the local resettlement mechanisms on PAPs consultation techniques; and  Reviewing the external monitoring report.

1.7.3 Local Authorities (Local Councils)

The Local Councils are the key governmental authority of relevance to the execution of the resettlement program. Their responsibility in the RAP/ARP execution should involve:

 Coordinating with other governmental organizations of relevance to the resettlement program (GALSUP, MoPWH)4;  Following up on the resettlement process;  Following up on the imbursement of compensation and the provision of the development assistance;  Ensuring that PAPs are consulted and their concerns and interests are considered; and  Through participation in the different committees, playing a role in facilitating responsiveness to the PAPs grievances.

1.7.4 Non Governmental Organizations (NGOs)

NGOs are key players that should be involved to ensure the efficiency of the resettlement activities and that they are designed and implemented in a manner which is sensitive to the interests of poor and vulnerable groups. In addition to the necessity of NGO representation in the committees, NGOs are also recommended to participate in:

4 Representatives from these organizations as well as any other organizations of relevance should be represented in the LRC. 21 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

 Coordination for the provision of supporting facilities/loans/ employment/capacity building programs, etc. based on the PAPs’ needs;  Facilitation of access to the most vulnerable groups and ensuring fair representation of different social subgroups (e.g. women, youth, children, etc.); and  Raising funds and mobilizing resources to target PAPs as a method for improving their living conditions post resettlement.

1.7.5 External Consultant(s)

Although it is not expected that OP 4.12 will be triggered as part of MWFP, the input of an external consultant will be needed along the project if need arises for the preparation of RAP/ARP. The consultant, in this unlikely case, will be needed to assist in the following issues:

Resettlement and Capacity Building  Assist PMU in the preparation of the RAP/ARP, particularly designing and applying the socio-economic survey; and  Prepare training materials and provide the training to LRC members on legislative issues related to resettlement (particularly OP 4.12) as well as methods for engaging and consulting stakeholders (particularly PAPs) and monitoring techniques, and evaluate the training outcome. Monitoring and Evaluation (M&E)  Verify that project activities have been effectively completed with respect to quantity, quality and timeliness;  Assess whether and how well these activities are achieving the stated goals and purpose of the project;  Design monitoring tools;  Carry out all the field surveys, investigation activities and stakeholders consultations as part of the monitoring process; and  Review monthly and quarterly monitoring reports and other secondary data.

1.8 Implementation Process and Linkage to Civil Works

1.8.1 Resettlement Plans

The process of preparing MWFP resettlement plans, if required, will involve the following:  Establishing the cut off date and carrying out a census to identify PAPs;  Conducting census and generating information about the PAPs, their entitlements regarding compensation, resettlement and rehabilitation assistance as required;  Identifying disturbances, especially those affecting income-earning activities, and properly recording compensation or asset replacement; and  Preparing a time phased action plan with a budget and making provision of compensation, resettlement, and other assistance as required, based on the census and inventory of losses, and in consultation with the PAPs.

The Special Purpose Company (SPC) through the PMU and the Social Development Officer (SDO) shall ensure that following the census, ARP or RAP is prepared for MWFP activity that triggers resettlement. The PMU may employ a private consultant to provide valuation services required for the ARP or RAP. This assignment shall be financed by the project. 22 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

In case of involuntary resettlement, approval of the new pieces of land to be used for resettlement shall be sought from the Government of Yemen in consultation with local communities and affected individuals.

To ensure transparency of procedures, PAPs shall be informed of the method of valuation used to assess their assets. All payments of compensation, resettlement assistance and rehabilitation assistance, as the case may be, shall be made in the presence of the PAPs in question and the local leaders.

1.8.2 Timeframes

The following key timeframes shall apply unless otherwise agreed between the SPC and SDO, the Resettlement Committee and the PAPs:

 That asset inventory shall be completed at most four months prior to the commencement of work;  That the resettlement plan shall be submitted to Special Purpose Company (SPC) for approval immediately after completion of asset inventory; and  That civil works shall commence after compensation, resettlement and rehabilitation activities have been affected.

Timeframes shall be drawn up and agreed upon by all parties including the PAPs.

Compensation payments for acquired land, affected assets and resettlement of households must be completed as a condition for the taking away of land and before commencement of the civil works under the MWFP.

Adequate time and attention shall be allowed for consultation of both the PAPs and host communities before bringing in the newcomers. The actual length of time will depend on the extent of the resettlement and compensation and will have to be agreed upon by all parties.

1.8.3 Linking Resettlement Implementation to Civil Works

PAPs will need to be compensated before work on MWFP can begin. The compensation shall be done in accordance with this Resettlement Policy Framework and subsequent resettlement and compensation plan(s).

For activities involving land acquisition or loss, denial or restriction to access of resources, the MWFP will make adequate provisions for compensation and for other assistance prior to the actual displacement and relocation. The assistance includes provision and preparation of resettlement sites with adequate facilities.

In particular, land and related assets for MWFP activities may be taken away only after compensation has been paid and resettlement sites and moving allowances have been provided to PAPs. For MWFP activities requiring relocation or resulting in loss of shelter, the project will take measures to ensure that PAPs are assisted and resettlement program is implemented in accordance with the ARP or RAP.

In the Implementation Schedule of the ARP or RAP, details on resettlement and compensation must be provided. The schedule for the implementation of activities, as agreed between the PMU/PIU and PAPs must include:

 Target dates for start and completion of MWFP civil works;  Timetables for transfers of completed civil works to PAPs;  Dates of possession of land that PAPs are using (this date must be after transfer date for completed civil works to PAPs and for payments of all compensation); and  The link between RAP activities to the implementation of the overall MWFP.

When approving recommendations for resettlement during screening, in compliance with this policy framework, PAPs must confirm that the resettlement plans contains acceptable measures that link resettlement activity to MWFP civil works. Proper timing and coordination of the MWFP civil works will be made to ensure that no affected persons will be displaced (economically or physically) due to civil works activity. Compensation is paid in full before any MWFP activity can begin.

1.9 Grievance Redress Mechanisms

1.9.1 Objective of Grievance Redress

The grievance redress mechanisms shall be designed with the objective of solving disputes at the earliest possible time, which will be in the interest of all parties concerned. World Bank OP. 4.12 emphasizes that the PAPs should be heard. Therefore, they should be fairly and fully represented in an appropriate way. The mechanism should implicitly discourage referring matters to a court for resolution.

Like many other rural areas in Yemen, the role traditional institution in resolving disputes through mediation, customary tribal arbitration, and mutual according is important in Al Mokha. Customary justice is regarded as less expensive than state courts. The traditional tribal conflict prevention and resolution system has been and is remain to be the main and most effective mechanisms for conflict management. It has a set of comprehensive rules and traditions that prevent conflict by regulating the use and sharing of resources, prescribe methods for resolving conflicts, and impose enforcement mechanisms. Most disputes in Yemen are originated form water right and land ownership. The tradition of collective responsibility governing tribal culture has helped keep customary laws strong and effective in resolving land disputes. It has played and continued to play an important role in addressing rural land needs of public benefits projects in the Yemen.

The grievance procedures will ensure that the PAPs are adequately informed of the procedure before their assets are taken. A grievance mechanism should be devised in order for the PAPs to be able to voice their concerns, complaints, or dissatisfaction with any part of the compensation process and seek redress. This RPF sets the outline of the grievance mechanism that should be agreed upon and used by the MWFP in case RAP/ARP is triggered. Simply, complaints can be made concerning the:

 Non-fulfillment of contracts;  Compensation entitlement;  Types and levels of compensation;  Compensation policy, acquisition / destruction of land or assets; and 24 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

 Resettlement, or development or transitional assistance.

Grievances should be addressed by traditional and tribal institutions or special committees might be formed as an independent mechanism for the purpose of receiving and responding to grievance in order to ensure that PAPs’ grievances are treated fairly and timely.

The committee should collect and review the grievances (in coordination with the representative local public official) monthly and the PMU should also play a role in facilitating the response to these grievances. Particular attention will be paid to vulnerable groups. It is also very important for the committees to ensure proper documentation for all grievances and their resolution within a timely manner for the monitoring process. Capacity building of the local committees is essential in order to enable them to efficiently implement the different activities under the RAP/ARP.

It is recommended that in order to minimize the cases that are taken to the court and avoid long and tiring litigation the local social context is careful consider, the Yemeni customary law consistent with OP 4.12 are followed. However, if the grievances or other disputes cannot be resolved through customary arrangements and administrative actions, the PAPs can initiate legal proceedings in accordance with provincial and national law (Article 51 of the Yemeni Constitution5) and have recourse to the Appellate Courts and the Supreme Court, but this should be reserved as a last option. The grievance redress approaches could be divided into proactive and reactive approaches as illustrated under Figure 1.4 below.

Figure 1.4: Main Approaches for the Grievance Redress

1.10 Sources of Financing for Funding Resettlement As soon as the activities triggering IR have been identified and approved by relevant agencies and the WB, realistic cost estimates shall be calculated based on the data collected from the socio-economic survey on the estimated number of PAPs that are likely to be affected by the project and the quantity and types of affected assets. The consultant in charge of the RAP/ ARP preparation shall consider that the budget should include all of the anticipated impacts under the project and calculate the cost (compensation, administrative costs and monitoring, support assistance, etc.) according to actual replacement costs (at market value). The PMU, supported by the WB, should be responsible for any compensation for land acquisition as well as any capacity building activities done as part of the RAP/ARP process.

Under the MWFP, it is not expected that RAP/ARP for any of the project components will be needed. However, some contractual procedures have been proposed by the ESMP in order to minimize any potential negative impacts on the communities within the project site. It is expected that these procedures will be fully funded by the

5 A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall be entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct or indirect manner. 25 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF) contractor. Other complementary mitigation measures like capacity building and setting feedback and communication mechanisms have been considered with budget allocations under the ESMP budget.

1.11 Consultation and Participation

Community consultation and participation will be undertaken from the planning stage to implementation and monitoring phases of MWFP. Hence consultations and participations shall be mandatory for all MWFP components requiring: a) land acquisition, b) compensation and, c) resettlement.

1.11.1 Notification Procedure

The MWFP, through SPC, shall by public notice, and publicly announce in the media (daily newspapers, national television, national broadcasting radios), notify the public of its intention to acquire land assigned for the project.

The notice shall state: a) Government’s proposal to acquire the land; b) The MWFP purpose for which the land is needed; c) That the proposal or plan may be inspected by PMU or the offices of the local authorities in the project district, during working hours; and d) That any person affected may, by written notice, object to the transaction giving reasons for doing so, to the MWFP staff (namely the SDO) with copies to the local authorities and the within 14 days of the first public announcement or appearance of the notice. Assurances will be made that affected persons have actually received this information and notification.

1.11.2 Public Consultation Mechanisms

Public consultation and participation will be an essential feature of MWFP. The project will use public consultation as a platform for providing an opportunity to inform its project beneficiaries and other key stakeholders. MWFP will use public consultation and participation to create sense of ownership for the project. The consultation mechanism will be devised with the aim of providing people with an opportunity to present their views and values. It will encourage discussion on and consideration of sensitive social and economic mitigation measures and potential trade-offs.

In view of the above, the public consultation, within the context of MWFP, will afford PAPs an opportunity to contribute to both the design and implementation of its resettlement activities. Particular attention shall be paid to public consultation with PAPs, households and homesteads, and host communities when resettlement and compensation concerns are involved and resettlement is unavoidable option. In so doing, the likelihood for conflicts will be reduced.

As a matter of strategy, the MWFP public consultation shall be an on-going activity taking place throughout the entire project cycle. Hence, public consultation shall take place during the:

 Project inception and planning;  Screening process;  Feasibility study;  Preparation of project designs;  Resettlement and compensation planning;  Drafting and reading/signing of the compensation contracts;  Payment of compensations;  Resettlement activities; and  Implementation of after-project community support activities.

The MWFP public consultation and participation shall take place through local meetings, radio and television, request for written proposals/comments, completion of questionnaires/application forms, public readings and explanations of the MWFP ideas and requirements.

The MWFP public documents shall be made available in English and Arabic at the national, local and homestead levels and at suitable locations including the official residences/offices of village governments and village elders.

The MWFP public consultation measures shall take into account the low literacy levels prevalent in the rural communities, by allowing enough time for discussions, consultations, questions, and feedback.

1.12 Monitoring and Evaluation Arrangements

Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have the following objectives:  Monitoring of specific situations or difficulties arising from implementation and of the compliance of implementation with objectives and methods set out in the RAP/ARP;  To verify that project activities have been effectively completed with respect to quantity, quality and timeliness; and  Evaluation of medium and long-term impacts of resettlement on affected households’ livelihood, environment, local capacities and economic development. In carrying out all activities related to monitoring, evaluation and supervision, consideration will be given to the vulnerability issues. The different vulnerable groups referred to above should be consulted during the monitoring process in order to ensure that their concerns are handled fairly. Regular monitoring of the RAP implementation will be conducted internally, by the PMU, as well as externally, by an independent monitoring agency hired by the WB.

1.12.1 Internal Monitoring

Internal monitoring of the implementation of the project RAPs will be the responsibility of the PMU which includes a staff member dedicated to monitoring results. This should be done in full collaboration with locally devised resettlement mechanisms. The PMU will oversee the progress in resettlement preparation and implementation through regular progress reports. The PMU should collect information every month from the different resettlement committees. A database of resettlement monitoring information should be established and updated monthly. 27 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

Quarterly internal monitoring reports should be prepared by PMU and submitted to the WB. Quarter reports shall include information about the various monitoring indicators as presented in Box 1.1 below.

A wide range of tools could serve for monitoring purposes. The previously mentioned socio-economic survey can serve as a participatory tool for defining monitoring indicators. Moreover, periodic Participatory Rapid Appraisals (PRA) will allow consulting with the various stakeholders (local government, Local Committees, NGOs, community leaders and PAPs). They will involve obtaining information, identifying problems and finding solutions through participatory means, which may include key informant interviews, focus group discussions (FGD), community public meetings, structured direct field observation, and in-depth case studies of problems or success stories.

Box 1.1 Guidelines for the Monitoring Indicators The main indicators that will be monitored regularly are the following: a) Checking that the screening activities that have been carried out in order to determine the need for the preparation of a RAP b) Payment of compensation to PAPs in various categories, according to the compensation policy described in the RAP; with special focus on the vulnerable groups and no discrimination according to gender, tribal backgrounds or any other factor c) Delivery of technical assistance, relocation, payment of subsistence and moving allowances d) Delivery of income restoration and social support entitlements e) Public information dissemination and consultation procedures f) Adherence to grievance procedures and outstanding issues requiring management’s attention and equality of access g) Attention given to the priorities of PAPs regarding the options offered h) Coordination and completion of resettlement activities and award of civil works contracts

1.12.2 External Monitoring

In accordance with WB requirements for consultant procurement, the PMU should hire an organization for the independent monitoring and evaluation of RAP/ARP implementation. The organization should be specialized in social sciences and experienced in resettlement monitoring. The organization should start its work as soon as the updated RAP has been approved.

The rationale behind hiring an external institution is to ensure that the overall objective of the resettlement plan is achieved in an equitable and transparent manner. In addition to reviewing the issues covered by the internal monitoring progress report, the external agency shall also evaluate and assess:

 The competence and effectiveness of the project implementing agencies (PMU);  Adequacy of compensation, development and transitional assistance techniques provided for the PAPs;  Ability to reach the most vulnerable PAPs;  Consultation and public disclosure of the RAP; and  Effectiveness of the grievance redresses mechanism.

Evaluation, however, is intended to ensure that policies (both Yemeni and the WB’s) have been adhered to and provide the feedback needed for adjusting strategic directions. Evaluation, thus, has the following objectives:

 General assessment of the compliance of resettlement activities with the objectives and methods as set out in this RPF;  Assessment of the compliance of resettlement activities with the laws, regulations and safeguard policies cited above;  Assessment of resettlement and relocation procedures as they have been implemented;  Evaluation of the impact resettlement and relocation has on incomes and standard of living, with the focus on the poor and the most vulnerable; and  Identification of actions to improve the positive impacts of the program and mitigate its possible negative impacts.

While carrying out the evaluation process, the project will utilize:  This RPF as the guiding instrument;  Yemeni laws and regulations as described in a preceding chapter; and  The World Bank’s OP 4.12 on Involuntary Resettlement.

The evaluation of resettlement activities will be part of general assessment and review activities undertaken for the MWFP as a whole.

CHAPTER TWO: YEMENI LEGAL AND INSTITUTIONAL FRAMEWORK

This Chapter of the RPF identifies the most relevant elements of the Yemeni legal and institutional framework in respect of property rights and land expropriation. The Chapter also includes a review of current institutional arrangements, valuation and compensation methods, grievance and redress procedures, administrative and court appeal mechanisms, and legal requirements for the disclosure for information. It also sheds the light on the main issues and challenges related to land management system in Yemen.

2.1 Main National Legislation that Regulates Land Acquisition

Yemeni Legislation includes several provisions that regulate the process of declaring land plots for public interest, the provisions for expropriation and compensation and the definition of rights of owners and use of communal property. The key subjects related to land property and land acquisition and the main pieces of Yemeni legislation that deal with them are summarized in Box 2.1 below:

Box 2.1: Issues Related to Land Acquisition and the Yemeni Relevant Laws6

Public Ownership Yemeni Constitution, Article 18 , 19 and Civil Law, Articles 118, 119, 120 Private Property Yemeni Constitution, Article 7 , 20 and Civil Law, Articles 1154, 1159 Common Use of Land Law no 21 of 1995 concerning State Land and Real Estate and The Republican Decree 170, 1996 Waqf / Endowment Land Waqf Law no 23 year 1992 and The Republican Decree 99, 1996 Agriculture Land Yemeni Constitution, Article 7, papra (C) and Civil Law, Articles 761, 765, 770, 1159 Neighborhood Rights Civil Law, Articles 1161, 1163, 1164 Squatters Law no 21 of 1995 concerning State Land and Real Estate, Articles 58, 59

Land acquisition issues for the public interest Law no 1 of 1995 (The Public Eminent Domain Law) . Articles 1, 2 (defining projects for public interest) . Article 4 on the administrative procedures for land acquisition . Article 6 on the mutually agreed procedures for land acquisition . Article 7 on the judicial procedures for land acquisition . Articles 12 – 16 on temporary acquisition . Articles 21, 27 provide general provision on acquisition

6 The source of information presented in Box 2.1 above are cumulative from various previously prepared RPFs for other projects in Yemen as indicated in the List of References. Several pieces of laws that were referred to along this chapter have also been reviewed by the consultant. 30 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

2.1.1 Land Ownership within the Yemeni Legislations Framework Land ownership is based mainly on the principles of Islamic law (Shari’a law). The main types of land are categorized in Figure 2.1 below. Figure 2.1: The Categorization of the Main Types of Land According to Yemeni Law

2.1.2 Privately Owned Land

Privately owned land covers all land held in private ownership, urban or rural, which is neither waqf nor miri. It is subject to Sharia Law which dictates that the direct descendents of the rightful owner will inherit the land on the death of the owner, and only if this is not possible indirect descendents may inherit it. Private land may be Freehold, in which case certain interests are owned in perpetuity, or Leasehold, where certain interests are for a specific period. Other than that, privately owned land is administered under customary law through a "Title Deed" or other contractual document signed by a religious authority or a sheikh who is also responsible for ownership records. While this practice provides for the availability of information on tenure, boundaries and other features, there is often conflict between these documents and the details shown in cadastral records. Private land property is also governed by the constitution and the Civil Law as indicated below:

Box 2. 2: Yemeni Legislations Governing Private Land Property Constitution Article 20 Public appropriation of property is forbidden. Private appropriation is unlawful without judicial decision Article 7 Paragraph (c) “Private property shall be respected and protected. Actions contrary to what have been stated will be taken if and only if it is absolutely necessary and is in the best common interest and against fair compensation in accordance with the Law.” Civil Law Article 1159 The article does not give the right to anyone to deprive any other of his property except in accordance with the provisions of jurisprudence and the procedures described therein, and against fair compensation in accordance with the law. Article 1154 “Only the owner of the entity can benefit from it, use it and exploit it as he wishes but within the limits of the provisions of the Jurisprudence laws.”

However, the practical application to private land management issues confronts many challenges including:  No full inventory of privately owned land exists;  The growing confusion over communal land and the privately owned land which result in lack of clarity and conflict;  There is a trend toward increasing private appropriation of communal land;  The overlapping responsibilities between the locally-based traditional systems and the central government;  The intervention of central government; 31 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

 There is little public confidence in the Land Registry, mainly in the rural areas where owners depends on local community leader for obtaining documents / deeds, which is the base for non-registered land, and Sheiks who are the prime beneficiaries of land conflict cannot be neutral arbitrators; and  An ineffective court system overburdened with land conflict cases and the absence of defined classifications for the issues related to land acquisition in the Civil Law.

2.1.3 State–Owned or Government Land (Miri)

This is defined as whatever the State or public bodies actually own, or own in accordance with the law. Such property shall not be disposed of or confiscated. Individuals shall not be entitled to the ownership of such property as long as it remains public. Any other form of property shall be considered private whether owned by the State or public bodies or owned by an individuals. State-owned land is discussed in Article 18 and 19 of the Constitution and Articles 118 - 120 of the Civil Law and Law no. 21 of 1995.

Government land7 is land which was previously the property of the formal Royal family and was taken over by state upon the formation of Yemen Arab Republic in 1962. It consist of large areas of open land, land for military use, land on which public service buildings (schools, hospitals and ministries) are built and land granted by the Government for public utility, i.e. roads and streets.

Box 2.3: Yemeni Legislations Governing State/Government Land Property Constitution Article 19 Public property and assets have certain inviolability, which should be protected and safeguarded by the state and all civilians. Any infringement or transgression of such property or assets is an aggression and sabotage against society as a whole. The perpetrator of such wrong-doing shall be punished in accordance with the Law. Article 18 Public property, funds, assets and property owned by the state or public body corporate, and shall be allocated to public benefit in deed or pursuant to a Law or resolution. Such funds may not be disposed of or be confiscated or put in the possession of individuals as long as these remain public. Individuals or persons may benefit from public funds according to the purposes for which they are designed and in line with the Law. Other than that, funds are private property irrespective of whether owned by the state body corporate or natural persons. Civil Law Article 118 (Defines Public Property as explained above)

7 Public property is defined under Article 118 of the Civil Law as: Whatever the State or public bodies actually own, or owns in accordance with the law, such property shall not disposed of or confiscated. Individuals shall not be entitled the ownership of such property as long as it remained public other than this form of property shall be considered as private whether owned by the State or public bodies or owned by an individuals.

Article 119 Public Property shall lose its identity by actually ending the purpose for its use as Public Property, or in accordance with a law or a resolution or by ending the purpose for which it has been assigned as public utilization. Article 120 The State and Public Bodies may deal with its property in all forms of dealings indicated in the law. Barren lands not owned by any person shall be considered permissible to all, the State or the individual may possess ownership in accordance to what is indicated by the law. Law, No.21 of 1995 concerning State Land and Real Estate Under this Law, State lands are also deemed to include the following:  White lands: Land which is situated outside the boundaries of official urban plan and connected with surveyed lands. Such lands are situated within the structural plans of cities;  Al Muraheq Al Amma: mountains, hills and steep slopes that receive and discharge rain water and the Great Wadis through which the collected flood water runs;  Coasts: their natural protected boundaries and semi-depopulated islands;  Barren land: open or abandoned land, forests, sand areas and land covered by sand, where not otherwise the property of an individual; and  Land and estate not owned by an individual and with no inheritors according the principles jurisdictions of Sharia Law.

2.1.4 Communal Land

Communal land is primarily used for grazing and firewood collection. Customary law entrusts sheikhs with the management of communal land but there is a trend towards increasing private appropriation by traditional natural leaders in villages (Sheikhs). In recent years, as land speculation has increased, especially in areas close to towns where there is a growing confusion between communal land and the land they own privately. There is a trend towards increasing private appropriation of communal land. Customary law entrusts sheikhs with the management of communal lands, primarily used for grazing and firewood collection.

Box 2.4: Yemeni Legislations Governing Communal Land Property Republican Decrees Republican Decrees no. (170) of 1996 concerning law no. 21 of 1995 of Lands and Real Estate: Defines it as an annex to cultivated land if it is adjacent to it, and if the average height of the Common-Use Land is not greater than twenty degrees, or similar. If the average height of the Common-Use Land is greater than this average then the slope must be measured from the demarcation line between the Common-Use Land and the adjoining cultivated land such as mountains, mounds, and slopes that constitutes rain water catchment areas and run-off routes. Among Common-Use Land is the ‘great rain water run-off route’ which constitutes the main rain water flow route into which branch routes discharge their content. Article 2 of the Republican Decree concerning Law No. 21 dated 1995 concerning State land and property, Article 41 of the Law referred to above Provide the following definition: “Common-Use Land are considered to be fully and completely owned by the State.” 33 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

Law no. 21 of 1995 concerning State Land and Real Estate Article 43 The right of ownership of the ‘Raqabah’ by owners of land which is adjacent to Common-Use Land does not take effect in accordance with the provisions of the previous Article (above) until after the expiry of the common benefit rights of neighborhood in these Common-Use Lands. Article 44 The right to benefit from Common-Use Land or from parts of it and which is owned by the State remain to all whether for grazing or logging for firewood or others. The State cannot violate these rights except when these violations are in the best interest of all. Article 46 Cultivated steps that pass through Common-Use Land or those which will be constructed in future outside the limits of main cities will be considered as private property of their owners before the issue of this Law. Articles 163 – 165 of the Republican Decree No. 170 - 1996 (the executive bylaw of the Law concerning State owned land and properties No. 21) “State Properties Authority or its offices in the governorates is to identify the State’s Common-Use Lands, fix their positions, calculate their total areas, measure their slopes and then put them on special maps. Copies of these documents and maps must then be distributed to Trustees and authenticating offices in each city, and to Property Registration offices so that no document shall be issued with regards to dealing with these lands except after securing the express permission of the State’s Properties Authority.” Those concerned should approach the Authority or its concerned office with respect to sorting and identification of Common-Use Land they are interested in accordance with the provisions of the Law mentioned above.

2.1.5 Endowment / Waqf Land

Waqf endowment means “Arrest (freezing) of assets and the disbursement of benefits (profits, rents etc) in seeking God’s favour.” Waqf is of two types: family Waqf and charitable Waqf.

There are three main types of Waqf property:

1- Inner Waqf: comprising all mosques and their land in urban areas and properties held in the rural areas whose revenues are used for the benefit of urban mosques; 2- Outer Waqf: comprising all mosques and their land in rural areas used for the upkeep of mosques and religious institutes in villages; and 3- Private Waqf: land in private ownership where a portion of income is donated for religious purposes and remains an encumbrance on the land in perpetuity.

Box 2.5: Yemeni Legislations Governing Endowment/ Waqf Land Constitution Article 22 Endowments have sanctuary rights, and those responsible for it have the duty of improving and developing their resources in a manner that fulfils its objectives and the jurisprudence requirements. Waqf law no. (23) 1992 and Estates Republic Decree No. (99) 1996 Defines leasing Waqf Lands.

2.1.6 Agricultural Land Agriculture Land: This is defined as actual cultivated lands or lands that are prepared for cultivation. The legislations that regulate the management of agriculture land are Article 7 of the Constitution and Articles 527, 756, 1159, 761, 765 and 770 of the Civil Law. Box 2.6: Yemeni Legislations Governing Agricultural Land Constitution Article (7) paragraph (c) Private property shall be respected and protected and shall not be infringed except when justified by necessity and for the public interest, this shall be in return for a fair compensation according the law. Civil Law Article 527 Registering the contracts emphasizes that in selling lands, ownership as a result of sale shall not be transferred between the contractees or for others except from the time when the deed of sale is registered in the records prepared for this purpose and in accordance with the special laws. Article 756 Permits the leasing of agricultural lands and other type of lands according to the consent of the contractees. Article (1159) It is not permissible for anyone to deprive any other person from his rightful property except when it is allowed by the jurisprudence law (Islamic Law) and in a manner stated in this law and with a fair compensation Article 761, 765 and 770 Defines the terms plantation, farming and irrigation respectively. 2.1.7 Land for Neighborhood Rights Yemen Civil Law, Article 1161, explains what is meant be neighborhood rights by stating that an owner must not exercise his rights excessively to the extent of causing harm to the property of his neighbor, nor should the neighbor blame his neighbor for any unavoidable harm that may suffer as a result of being neighbors. This is regulated by Articles 1161, 1163 and 1164 of the Civil Law.

Box 2.7: Yemeni Legislations Governing Neighborhood Rights Civil Law

Article (1161): Explains what is meant by neighborhood rights, as above. Article (1163): If an owner builds a water duct or canal in his property, then it does not become permissible for his neighbors to use unless after reaching an agreement. Thereafter if what has been agreed upon is implemented, the participation of the neighbors with the owner in the cost of construction and maintenance are indications of the satisfaction of the owner. Article (1164): The owner of a land must allow sufficient water to flow through his land to irrigate pieces of land that are far from the source of water, or to allow the flow of surplus water for discharge into a nearest discharge point, against affair compensation. If a piece of land through which passes a water stream suffers harm or damage then the owner has the right to demand a fair compensation for suffering such harm or damage. While, on the other hand, an owner who has through his land right of flow or discharge cannot prohibit the normal flow even if it causes harm.

2.1.8 Laws Governing Squatters

Squatters are those who undertake controlling for any Lands or Estates which are owned by the State. Law 21 of 1995 on Land and Real Estate is the most important law that deals with squatters and their rights, particularly under Articles 58 and 59 as stated below. In particular the rights of squatters are seen to have potential relevance to the project (as explained in section 1.1.4 above).

Box 2.8: Yemeni Legislations Governing Rights of Squatters Law no. 21 of 1995 on Land and Real Estate Article 58: Every normal or legal person has undertaken controlling before the issuance of this Law for any Lands or Estates which are owned by the State, is considered aggressor and shall be punished by the punishment which is stipulated in the Article No (48) of this Law, and it shall be exempted from this punishment everyone has initiated by writing informing the Authority for what he/she is controlling provided that the informing shall contain statement of the Land Site, its area and any another information, and what has been created in this Land by him/her after the aggression, during a maximum period of three months begins from the announcement date which is issued by the Authority through the different media, anyone has delayed of this deadline would be treated as aggressor on what he/she is controlling of Lands and the Authority in coordinating with the security and judiciary bodies shall undertake the ensuring measures for recovering the land by legal methods and pursuit the aggressors and handing them to the judiciary. Article 59: Every one of those controllers has informed the Authority on time according to the Provisions of Previous Article, the right for purchasing or renting for the land, which is controlled by him/her. If the land use was contrary of the detailing designs, he/she has the right to get another plot as alternative in the area to fulfill the objective of the previous land use, which

36 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF) he/she was intending to implement this objective as much as possible, and it a Technical Committee shall be formed for estimating the selling or renting prices of these Lands according to the principles and standards which shall be set forth by the Minister's Decree for formation the Committee with due consideration of the situations of limited income holders.

2.1.9 Other Types of Land

. Barren Lands: defined as open left lands or lands that are deserted . Desert Lands: sandy lands, or lands that are covered with a sandy layer . White Land: lands that are situated outside the boundaries of the detailed plans and that are connected with surveyed lands, such lands are situated within the structural plans of cities . Al Murafeq Al Amma: mountains, hillocks and inclinations that receive and dispose rain water. Great Wadis through which the collected flood water runs are considered as part of Al Muraheq al Amma

2.2 Land Acquisition: Key Issues and Procedures (Law 1 year 1995)

Law No. (1) of 1995 “The Public Eminent Domain Law” aims at locating and identifying State Lands and Estates8, and putting into place plans that identify such lands, protect and maintain them by any kind of aggression. Public ownership is whatever by nature or what has been prepared for public use, after a fair possession for public interest No. 21 of 1995. It regulates Land Acquisition for the Public Interest.

According to Article (1) of this law, Ministries, authorities and general institutions may carry out acquisitions for the public interest when justified by necessity in return for a fair compensation in accordance with this Law of real estate and all their content inclusive of land for the purpose of the execution of projects that bear public interest.

Article (2) of the same Law states: "Projects of Public Interest” as all that is related to vital projects that have no other alternatives like 1) water sanitation installations, sites of mineral, oil, and gas resources, airports, harbors, dams and irrigation and water supply projects and 2) shelters, trenches and access and all types of installations required by security and defense and vital projects which have other alternatives like 1) mosques, cemeteries/graveyards, schools, institutes, universities, hospitals, military camps/barracks, police stations, slaughter houses, orphanages, roads and markets, 2) industrial zones, agricultural installations, electricity projects, communications and postal services 3) national parks, squares, sport clubs, cultural centers, tourist facilities, housing installations and construction works and projects that are related to the executions of approved development and investment plans.

8 Lands and Estates where ownership belongs to the state; or that prove to be owned by the state according to document, deeds, or any other legal justification, or barren lands, forests and jungles if they are not a permanent property of an individual, or coast and their natural protected boundaries and semi depopulated islands, or lands and estates that are not owned by an individual, and which have no inheritors according the principles jurisdictions of the Sharai'ah Law or, finally, any lands that are considered according to the jurisdictions of the existing laws a State property.

Article (3) of the same law states that, in all cases, the act of acquisition of properties of citizens is only reverted to when it is found that no property owned by the state satisfies the purpose for which the act of acquisition is carried out.

Figures 2.2 Types of Land Acquisition Procedures and the Regulating Laws

Annex III of the RPF provides summary of the articles related to the administrative, judicial, amicable and temporary acquisition. Annex III also includes more general articles from Law 1 year 1995 on acquisition procedures.

2.3 Institutional Arrangements

2.3.1 General Authority for Land Survey and Urban Planning (GALSUP)

Subject to law of Land and Real Estates no. 21 of 1995, the General Authority for Land Survey and Urban Planning (GALSUP) was established under the Presidential Decree no. 35 of 2006 which merged the Survey and Notary Public Authority with Planning Department (formerly an affiliate of General Works & Roads) in General Authority for Land Survey and Urban Planning (GALSUP) which became responsible for all land related tasks; planning, preparation, concession/ ownership contracts, notarization and executing expropriation process with assistance from technical experts contracted by the concerned ministry. GALSUP encompassed the following departments:

Land Department This department is in charge of site inspection of the lands to be issued for sale, presentation of technical reports about the safety and borders of the site prior to reference to authentication department and finalization of all legal and financial measures.

Planning This department is chaired by an engineer and assisted by Department engineers who are responsible for preparation of layouts, their reference to the planning department, setting out in land and photogrammetry.

Notary Public Registration of the estate property in the owner’s name, Department priorities and facilities.

Control and This is one of the important offices for its daily follow-up and Inspection control of any violations, whether infringement upon state land, Department building on unplanned land/without licenses. It imposes fines and refers the violators to the prosecution.

Under Decree 35 of 2006, GALSUP is responsible for executing expropriation process with assistance from technical experts contracted by the concerned ministry. The Authority will appoint an EC to estimate the property value for those who have title. If public land is occupied without title, a special Technical Committee set up by the concerned ministry will assess its value.

2.3.2 The Ministry of Public Works and Highways (MoPWH)

Governmental rural land is administered by the Ministry of Public Works and Highways (MoPWH). It also overseas the administration of government-owned tribal land by tribal or village leaders. The office for Public Works and Highways (represented by the Ministry on the governorate level) plays a vital role in issuing building licenses according to the recognized legal procedures and measures. Therefore, building control and citizen’s compliance with laws shall have positive impact on building safety, non-violation and avoidance of demolition in case of works on public roads (i.e. road pavement), city reorganization and its consequent layout changes, owners’ exposure to certain damages and compensation methods undertaken according to ownership law.

2.3.3 The Ministry of Finance (MoF)

The Department of Public Domain maintains urban land records such as registers of transactions, sales, and purchase leases.

2.3.4 Local Councils

According to the Local Administration Law (number 4/2002), the Local Councils represent the executive authority on the level of governorates. This law grants the right for the local authority to participate in all aspects of health system. According to this law the administrative bodies at the governorates or directorates, represented by the elected members of the Local Councils in addition to the Governor or the General Secretary of the governorate or the directorate are authorized to plan, prepare budgets, and manage human resources and infrastructure various project including any associated resettlement that might be encountered.

They are represented by governors. They play a role in the control of resettlement processes thanks to the executive decrees and instructions of the central organizations and formalization of informal cases. A significant role was played by the executive authorities in organizing the resettlement process (involving IR) in many previous cases in Yemen. Examples of this include a case in Aden Governorate, where measures were adapted for the displaced persons of Caltex shipping village. The role played by the governorate included paying compensation to the affected persons. In Hadramout, the governor also formed high committee headed by Mukalla local council in order to formalize the situations of squatter residents.

Local Resettlement Committees (LRC) are considered to be local mechanisms formed by the local authorities in some governorates to deal with resettlement. This mechanism is a positive model that encourages community participation in solving the resettlement issues. These committees, to a large extent, comply with the WB OP 4.12.

2.3.5 Additional Mechanisms

Under Articles 18 to 20 of the Law of State Lands Real Estates of 1995, the Minister of Justice established a permanent or temporary EC in every governorate (or for each individual case) that comprised a judge, who takes the role of chairman, an engineer, a representative of the expropriating authority, and the owner(s) of the expropriated real estate or their representative. If there are many owners and they cannot agree on a

39 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF) representative, he/she shall be chosen on a majority basis, taking into account the percentage ownership, or selected by the Chief Justice of the Court of Appeal.

When assessing compensation, the EC will therefore take account of:

 Prevailing real estate values within the project area.  The condition of plants, buildings and installations, dates of construction, and the damage to be imposed.  Any resulting improvement in the location of, or benefit from, the remaining parts of the real estate, or an increase in its value as a result of partial expropriation.  Other factors identified by the EC.  If the remaining portion of a partially expropriated estate becomes useless, the court should order the expropriation of the whole estate.

In accordance with Article 59 of the Real Estates Law, the EC must recognize the rights of squatters on public land to receive compensation for involuntary settlement. Legal guidelines of compensation differ between the different types of expropriation. For all, compensation payments are to be made prior to commencement of the project works.

Local authorities in some governorates like Hadramout and Aden also initiated local resettlement committees (LRCs) which included, inter alia, representatives of the local authorities, owners’ representatives and some community leaders. The LRCs objective was to find solutions for resettlement cases, both those that have already been done as well as potential cases. Their assistance was focused on individuals who have no legal documents (squatters). Efforts were made to compensate those individuals by providing them with access to appropriate sites with basic services. These procedures and efforts had a positive impact on the resettlement process for those individuals.

It is worth mentioning that such a local mechanism complies to a large extent with World Bank safeguard policy (OP 04.12) in terms of encouraging local community participation in resettlement.

2.4 Main Challenges Related to Land Ownership and Institutional Capacities

Land ownership issues are complex in Yemen, and are beyond the scope of a project to resolve. Land tenure issues may raise unpredictable legal impediments that can stop a project or may require removal of already constructed infrastructure to the detriment of timely project implementation.

The customary law of the Yemeni tribes recognizes the importance of avoiding harm and damage to property. It facilitates actions in order to improve resettlement implementation. In rural areas, customary law entrusts sheikhs with the management of communal lands, primarily used for grazing and firewood collection. The Public Eminent Domain Law (Law 1 of 1995) clearly states that property and/or land expropriation is to take place only when no suitable public land alternative is available and fair compensation should be provided. Article 1166 of the Civil Code no. 19 of 1992 states that no one can be deprived of property except according to various relevant laws and in exchange of fair compensation.

However, and despite the fact that Yemen may have legal framework and regulations, practical application is confronted with many challenges including the growing confusion over communal land and privately-owned land which has resulted in lack of clarity and a source of conflict. As previously mentioned, there is a trend toward increased private appropriation of communal land. There is also little public confidence in the Land Registry, mainly in the rural areas, where owners depend on local community leader for obtaining documents / deeds, which serve as the base for non-registered land.

At the current stage, no unique institution is in charge of the resettlement and compensation issues. These issues are dealt with through a number of institutions as explained above. GALSUP, MoPWH and the Local Councils are the relevant governmental organizations that have roles and responsibilities related to land acquisition, resettlement and compensations. In many cases, the overlapping responsibilities and the bureaucratic procedures lead to delayed responses to the PAPs in terms of paying their compensations and listening to their grievances. This, in turn, may result in a troubling situation and entering into judicial procedures which are long and complicated. There are usually complaints related to the unfair estimation of compensation for the various losses in assets. This, in turn, has resulted in lack of trust among people who are entitled to compensations from the respective authorities.

Within the context of weak governance in Yemen, law enforcement is challenging and the judicial system also exhibits weaknesses due to the absence of exact definitions for the issues related to land acquisition within civil law. This calls for alternative measures to ensure the issues set out and protected by law are addressed. Thus, it is necessary that the RPF take the social context into account and adapt to local conditions.

CHAPTER THREE: GAPS BETWEEN YEMENI LEGISLATION AND THE WORLD BANK OP 4.12

This Chapter of the RPF presents the main gaps between the Yemeni legislation of relevance to land acquisition and involuntary resettlement and OP 4.12 of the World Bank. The Chapter also propose specific measure to bridge the gas between the two sets of legislations. The Chapter also presents the capacity building needs in order for the concerned authorities to apply the proposed measure and implement an efficient resettlement program.

3.1 Discrepancies between Yemeni Laws and OP 4.12

Many of the Yemeni pieces of legislation comply with the World Bank safeguard policy OP 4.12. However, some key discrepancies have been identified during the legislation review and the consultation with stakeholders.

3.1.1 Calculation and Timing of Compensation

Both Yemeni Laws and the World Bank agree on the need for compensation for any land and structure affected by project activities. Under Yemeni laws, the value of the affected land or structure is assessed by the Estimation Committee (EC) and payment is made prior to displacement in case compensation is alternative land. OP 4.12 clearly provides methods to be used to calculate land and/or structure compensation rates, and requires evidence that these rates are consistent with the policy principle of full replacement value (please refer to Table 3.2 above). OP 4.12 also states that payment should be made prior to displacement.

The gap in the Yemeni legislation mainly relates to the practical application of the law. Previous experience suggests valuation is often substantially below full market replacement value because no real valuation is done. There is a lack of experience and the value of equivalent real estate is not properly identified.

Recommended Measures for Bridging the Gap:

. Build the capacity of the concerned authority on Bank’s OP 4.12 with the focus on calculation of compensation at full replacement cost; . For a longer term recommendation, which might be out of the direct scope of this RPF, longer term strategy and plans to address the weak implementation mechanisms of the Yemeni organizations should be considered; and . Payment should be made prior to displacement in all cases.

3.1.2 Definition of Affected Persons (PAPs)

The Yemeni legislation (according to Law no. 21 of 1995) includes two main categories of affected groups, namely legal owners and squatters. OP 4.12, however, includes all affected people owners/squatters, regardless of the size of the damage (housing/economic activity) and its extent.

All affected people should be eligible for full compensation. Any PAPs from housing dispossession /economic activity shall be entitled to compensation as stated by the OP 4.12.

3.1.3 Public Participation, Consultation

The Yemeni Constitution, Election Law and Local Administration Law each recognise the importance of community participation, but no specific procedures or guidelines on the practical application of community participation are given. According to Law no. 21 of 1995, PAPs should be informed about the resettlement decisions through the compensation committees that negotiate with them and gather information about asset inventory, number of family members, etc. On the other hand, and according to OP 4.12, displaced persons and their communities are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Community participation, thus, is perceived as a key ingredient in the process of resettlement.

Through the LRC (in case this has been formed) and the FFC, which includes representatives from various stakeholders, PAPs could be consulted and participate in selecting the preferred resettlement alternatives that suit them.

Efforts should be made to ensure sharing of information on the resettlement process and the options for compensation and consulting APs during the different stages of the resettlement process (planning, implementation, monitoring, etc.) as stated in OP 4.12. The PMU should play a role in facilitating the consultation activities and in ensuring that PAPs’ preferred options are addressed through employing participatory planning and decision making to be applied in resettlement options and compensation. PMU also should work to ensure timely transparent information sharing, particularly information related to the cut-off date and paying compensations.

3.1.4 Grievance Mechanisms

Under Article 51 of the Constitution, any citizen may resort to the court for the protection of his right and legitimate interests, and is entitled to lodge complaints, criticisms, and suggestions to state entities and organizations, directly or indirectly. The Yemeni law provides for the right of grievance before the Estimation Committee/courts. To address grievances, PAPs can first seek satisfaction through local customary practices for resolving conflict. They can then initiate legal proceedings in accordance with provincial national law. However, there is need for proper and practical mechanism to address PAP grievances.

According to the OP 4.12, appropriate and accessible grievance mechanisms should be established in order to ensure that PAPs clearly articulate grievances and that actions are taken to respond to these grievances.

Gaps between the Yemeni law and World Bank requirements on consultation and grievance mechanisms could be addressed by:  Proper and accessible mechanisms to be established with initiation from the PMU and with full cooperation from various stakeholders, namely those represented in the LRC; and  Grievances should be heard prior to resettlement.

3.1.5 Vulnerable groups

Vulnerable groups are inexistent in the Yemeni legislations. According to the Yemeni Constitution, all people are equal in front of the law and no exceptions are considered. According to the OP 4.12, the interests of the vulnerable groups should be considered, especially for those below the poverty line, the landless, the elderly, women, children, etc.

 The PMU should pay great attention to these groups particularly the poorest and those with unsecured sources of income. PMU should lead the efforts to attract the attention of various concerned stakeholders, including Local Councils and NGOs.  Vulnerable groups should be consulted meaningfully throughout the project cycle and assisted in improving their socio-economic condition.

3.1.6 Resettlement assistance

According to Yemeni Legislation, the resettlement compensation is only limited to the compensation amount valuated by the ad hoc committee, in addition to providing all the needed services. On the other hand, the WB OP 4.12, affected people are to be offered support after displacement, for a transition period.

In addition to the paid compensation based on the decision of EC and upon the preferred alternatives for the PAPs, resettlement assistance during the transition period should also be considered, as well as the provision of all services for resettlement area.

3.1.7 Rights of Squatters

Yemeni law recognizes the rights of squatters on public land to receive compensation in the event of involuntary settlement, but enforcement is weak.

 Build understanding and capacity to ensure that rights of the squatters are addressed properly;  Include the provision of clear guidance to the EC on how compensation standards are set and applied; and

 Raise public awareness of squatters and the public on their rights and responsibilities to demand their rights from the State as appropriate within laws and regulations.

3.2 Capacity Building Needs

Capacity building is seen as a major and important guarantee for the efficient implementation of the RAP/ARP and in order to ensure efficient implementation for the measures that aim to bridge the identified gaps between the Yemeni laws and OP 4.12.

As mentioned above, many institutions already have a stake in the process (e.g. the GALSUP, MoPWH, Local Councils). Other mechanisms/community models (e.g. LRC) already exist or will be introduced/encouraged to participate in order to implement the RAP/ARP (LRCs, NGOs, Cooperatives, etc.) in the relevant cities, in case the RPF is triggered. A comprehensive institutional assessment should be conducted in order to identify the key challenges that they face and the capacity gaps that they need to fill in order to implement the RAP/ARP.

Under the MWFP, PMU has been established in the MoEE Sana’a where all fiduciary safeguarding, monitoring and reporting will remain centralized there. The PMU will play a major role in the implementation of the RAP/ARP guided by this RPF, in case IR is triggered. Currently the PMU experience related to the involuntary resettlement is still limited, capacity building on relevant issues related to the execution of the RAP/ARP is also very important in case IR is undertaken. Tailored capacity building programs should also target the PMU staff, particularly the Social Development Officer (SDO) who should be the primary target with the capacity building. M&E staff within the PMU should also be included in the capacity building program. The capacity building needs assessment is expected to show findings which are not merely linked to the need for training on the different subject; a need for institutional support might emerge. The overlapping responsibilities and a lack of coordination channels among the organizations of relevance to resettlement and compensation are key issues of priority. Although this is out of the direct scope of MWFP, unless these issues are addressed, land management and resettlement programs will remain a big problem in Yemen.

As part of the proposed capacity building program, training on different relevant subjects is also essential to enable the various organizations/mechanisms to implement the RAP/ARP. It is recommended for the training programs to include two main large modules:

 The first is related to the legal part of the resettlement issue  The second should be linked to community participation, which is an essential ingredient for the RAP/ARP that is prepared under OP 4.12 (as shown in Figure 4.1 below)

Figure 3.1 PAPs Consultation and Participation in the RAP/ARP along the Project Cycle

Although both the modules are seen to be relevant to different institutions, it is recommended for the LRCs, Local Councils, NGOs or those who might be engaged in the resettlement process to focus in-depth on the second module as it will be very much linked to the practical application.

The following topics were identified for training of the concerned organizations:

RPF-Related Issues . Yemeni legislation related to resettlement; . WB OP 4.12 (PAPs, eligibility criteria, assets valuation, compensation, entitlements); and

. The gaps between Yemeni legislation and WB safeguard policy and activities to fill in those gaps. Methods for Engaging and Consulting Stakeholders (particularly PAPs) . Community participation tools (PRAs tools, Social Assessment surveys, etc.) . Developing social mitigation measures . Communication skills . Dispute resolution . Community mobilization . Awareness raising techniques . Monitoring and evaluation (tools and techniques) . IT training (word processing, data analysis and internet) . Documentation and report writing

Annex I: The Process of RAP/ARP preparation and the different resettlement steps within the project cycle.

Introduction to RAP/ARP The RAP/ARP is the most important resettlement instrument that will be applied should IR be undertaken. RAP/ARP should assess the number of PAPs, propose alternative locations for the sub-projects if possible, identify the eligibility criteria, include provisions for compensation and assistance, and address the means by which the project monitoring and evaluation will take place to ensure that the PAPs receive their compensation and that their grievances are heard and addressed. The mitigation measures and compensation policies proposed in the RAP shall be disclosed to the PAPs for feedback and comments.

Once the project activities under the MWFP have been identified, they should be screened by the PMU to determine whether or not they will necessitate the involuntary resettlement of people within the determined project area. Most likely, no need for IR will arise along MWFP cycle, consequently the whole process of RAP/ARP will not be applicable. However, for the purpose of this RPF, the following section will present the main steps for the preparation of the RAP/ARP.

According to Annex A of the WB’s OP 4.12 on IR, the sub-project RAP should the following design criteria:

Box I: Design Criteria for RAP  A description of the sub-project and a discussion of how the displaced will maintain or upgrade their living standards  Identification of potential impacts  Objectives of RAP  Site selection for new settlement, along with relocation risks and reconstruction;  A census survey of displaced persons and valuation of assets  Relevant findings of the socio-economic study  Legal framework  Institutional framework  Eligibility criteria and eligible PAPs  Valuation and compensation for losses  Services offered after relocation (e.g. employment , electricity, etc.) based on an assessment of their needs  Resettlement measures  Site selection, site preparation, relocation, provision of services (facilitation of relocation)  Housing, infrastructure, and social services  Environmental protection and management  Community participation  Integration with host populations  Grievance procedures  Organizational responsibilities and timetable (what institution is responsible for implementation of the relocation)  Implementation schedule

 Costs and budget  Monitoring implementation and outcomes  Evaluation

The same reference also highlighted the key minimum elements that an abbreviated plan (ARP) should covers. This is listed in Box 3. 2 below.

Box II: Minimum Elements to be included in ARP  Project activities requiring acquisition of land or other assets with required details such as sketch maps  A census survey of displaced persons and valuation of assets  Officially certified enumeration of the persons affected and the types of impact  Entitlements, description of compensation and other resettlement assistance to be provided and the bases of compensation rates  Consultations with displaced people about acceptable alternatives  Institutional responsibility for implementation and procedures for grievance redress  Time table for implementation of the action  Arrangements for monitoring and implementation  A timetable and budget

RAP/ARP and the Project Cycle PRA/ARP during Project Identification

Project Screening

During the screening phase, cadastral information might involve gathering information about land ownership, structures and uses of the land that would be directly affected by the works, either temporarily or permanently. This information shall be verified by a qualified consultant who shall provide written and visual records and enumerate all economic, residential or other ownerships and uses of the land that would be affected, along with an estimate of the number of people affected by type of impact.

This same phase should also include conducting introductory meetings with communities, including PAPs and vulnerable groups, in order to inform them about the project and to disseminate the prepared RPF and inform people about their rights and entitlements.

Preparation of the Socio-economic Survey

Following the identification of the project component that may necessitate involuntary resettlement, the next step would be prepare a socio-economic study, in which baseline data within the project’s target areas is collected. The study should be carried out by a social and resettlement consultant assisted by the local community leaders. It should examine the nature of the impacts; the socio-economic and cultural setting, local organizations, and social risks, total land holdings, affected assets as well as the indicators that would ensure that the project affected people, at minimum, 49 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF) regain their former quality of life or, preferably, are enabled to improve it. The information should be collected from PAPs and related household members or dependents. This information will be put in writing and used in the preparation of the RAP and in determining the appropriate compensation and assistance for each affected individual / household. Box 3. 3 below shows the objectives of socio- economic survey.

Box III: The Socio-economic Survey Objectives . Introduce the project to the PAPs . Collect census data to identify PAPs on the individual and household levels . Description of the affected households including information about livelihoods and production and labor systems, standards of living and an analysis of their legal rights and informal entitlements and any issues of potential conflict . Collect census data to identify vulnerable and severely affected PAPs . Collect census data on the overall socio-economic environment of the affected communities . Statement of the magnitude of the expected loss (total or partial) of assets and the extent of physical or economic displacement . Identify stakeholders . Identify impacts of the sub-project on the livelihoods of the PAP (i.e. property, structures, income, etc.) . Identify any concerns or worries the PAPs may have . Identify the resettlement preferences of the PAPs

Preparation of RAP/ARP

For projects that will trigger IR and will require the preparation of the RAP/ARP, their preparation should be considered prior to the appraisal phase. The preparation of the RAP/ARP should consider the key design criteria previously presented in Boxes 3.1 and 3.2 above.

RAP/ARP during Project Appraisal

The prepared RAP/ARP needs to be reviewed by an appraisal committee from the project team as well as other relevant local or central authorities and then sent for final approval by the Bank. The RAP/ARP will include the proposed mitigation measures and this will help in making a decision as to whether or not the project shall be implemented. The prepared RAP/ARP shall take into consideration the communities concerns and worries raised in the process of putting together the socio- economic survey. The WB should clear the RAP/ARP and approve it for implementation.

RAP/ARP during Project Implementation

1- Prior to the project implementation, PAPs that have been determined to be eligible for compensation should be compensated in accordance with the approved project’s RAP/ARP. This includes providing the PAPs with cash compensation, preparing the resettlement sites with the adequate structures and facilities, and / or providing different development and transitional assistance measures to assist the displaced persons.

2- A cut off date should be determined by one month from the disclosure of the census and contradictory verifications of the census by the PAPs. Persons who encroach onto the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. Affected individuals, households, and communities, who have been identified earlier under the socio-economic survey, will be consulted about their compensation preferences. 3- The PAPs will be formally informed through written or verbal notification (in case some of the PAPs are illiterate) delivered in the presence of at least one public official. The PMU as well as any local resettlement mechanism that might be initiated (e.g. Local Resettlement Committee) will arrange meetings with the affected individuals / households to document the lands acquired by the sub-project throughout the implementation period and discuss the compensation process. 4- The PAP will be required to sign a contract detailing the acquired land plots and / or partially or completely affected structures and the corresponding types of compensation (i.e. cash or in-kind) that have been agreed upon. The signature of the compensation contracts as well as the actual payments and in-kind transfers shall be made in the presence of at least one public official from the city authorities. The contracts may also include contracts on possible transitional or developmental assistance and income restoration measures that will be given to the PAPs including, provision of skills training, access to credit, and activities related job opportunities. 5- A grievance mechanism should be devised in order for the PAPs to be able to voice their concerns, complaints, or dissatisfaction with any part of the compensation process and seek redress. The RPF sets the outline of the grievance mechanism that should be agreed upon and used by the project in case RAP/ARP is triggered. Simply, complaints can be made concerning the:

 Non-fulfillment of contracts,  Compensation entitlement,  Types and levels of compensation,  Compensation policy, acquisition / destruction of land or assets,  Resettlement, or development or transitional assistance.

The grievances should be addressed to the previously proposed local mechanisms (LRC) or special committees might be formed as an independent mechanism for the purpose of receiving and responding to grievance in order to ensure that PAPs grievances are treated fairly and timely9. The committee should collect and review the grievances (in coordination with the representative local public official) monthly and the PMU should also play a role in facilitating the response to these grievances. Particular attention will be paid to vulnerable groups. It is also very important for the committees to ensure proper documentation for all grievances and their resolution within timely manner for the monitoring process. Capacity building of the local committees is essential in order to enable them to efficiently implement the different activities under the RAP/ARP (this will be mentioned in more details below).

World Bank OP. 4.12 emphasizes that the PAPs should be heard. Therefore, they should be fairly and fully represented in an appropriate way. It is recommended to minimize the cases that are taken to the court in order to avoid long and tiring litigation. However, if the grievances or other disputes cannot be resolved through administrative action, the PAPs can initiate legal proceedings in accordance with

9 The proposed FCC may fill in the purpose of receiving and responding to grievance 51 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF) provincial and national law (Article 51 of the Yemeni Constitution10) and have recourse to the Appellate Courts and the Supreme Court but this should be maintained as a last option. The grievance redress approaches could be divided into proactive and reactive approaches as illustrated under Figure 3.1 below.

Figure I: Main Approaches for the Grievance Redress

RAP/ARP during Monitoring and Evaluation (M&E)

Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have the following objectives:  Monitoring of specific situations or difficulties arising from implementation and of the compliance of implementation with objectives and methods set out in the RAP/ARP;  To verify that project activities have been effectively completed with respect to quantity, quality and timeliness;  Evaluation of medium and long-term impacts of resettlement on affected households’ livelihood, environment, local capacities and economic development. In carrying out all activities related to monitoring, evaluation and supervision, consideration will be given to the vulnerability issues. The different vulnerable groups referred to above should be consulted during the monitoring process in order to insure that their concerns are handled fairly. Regular monitoring of the RAP implementation will be conducted internally, by the PMU, as well as externally by an independent monitoring agency, hired by the WB.

- Internal Monitoring

Internal monitoring of the implementation of the project RAPs will be the responsibility of the PMU which includes a staff member dedicated to monitoring results. This should be done in full collaboration with locally devised resettlement mechanisms. The PMU will oversee the progress in resettlement preparation and implementation through regular progress reports. The PMU should collect information every month from the different resettlement committees. A database of resettlement monitoring information should be established and updated monthly. Quarterly internal monitoring reports should be prepared by PMU and submitted to the WB. Quarter reports shall include information about the various monitoring indicators as presented in Box 3. 4 below.

A wide range of tools could serve for monitoring purposes. The previously mentioned socio-economic survey can serve as a participatory tool for defining monitoring indicators. Moreover, periodic Participatory Rapid Appraisals (PRA) will allow consulting with the various stakeholders (local government, Local Committees,

10 A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall be entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct or indirect manner. 52 Al Mokha 60MW Wind Farm Project Resettlement Policy Framework (RPF)

NGOs, community leaders and PAPs). They will involve obtaining information, identifying problems and finding solutions through participatory means, which may include key informant interviews, focus group discussions (FGD), community public meetings, structured direct field observation, and in-depth case studies of problems or success stories.

Box IV: Guidelines for the Monitoring Indicators The main indicators that will be monitored regularly are the following: a) Checking that the screening activities that have been carried out in order to determine the need for the preparation of a RAP b) Payment of compensation to PAPs in various categories, according to the compensation policy described in the RAP; with special focus on the vulnerable groups and no discrimination according to gender, tribal backgrounds or any other factor c) Delivery of technical assistance, relocation, payment of subsistence and moving allowances d) Delivery of income restoration and social support entitlements e) Public information dissemination and consultation procedures f) Adherence to grievance procedures and outstanding issues requiring management’s attention and equality of access g) Attention given to the priorities of PAPs regarding the options offered h) Co-ordination and completion of resettlement activities and award of civil works contracts

- External Monitoring

In accordance with WB requirements for consultant procurement, the PMU should hire an organization for the independent monitoring and evaluation of RAP/ARP implementation. The organization should be specialized in social sciences and experienced in resettlement monitoring. The organization should start its work as soon as the updated RAP has been approved.

The rationale behind hiring an external institution is to ensure that the overall objective of the resettlement plan is achieved in an equitable and transparent manner. In addition to reviewing the issues covered by the internal monitoring progress report, the external agency shall also evaluate and assess:

. The competence and effectiveness of the project implementing agencies (PMU) . Adequacy of compensation, development and transitional assistance techniques provided for the PAPs . Ability to reach the most vulnerable PAPs . Consultation and public disclosure of the RAP . Effectiveness of the grievance redresses mechanism

Evaluation, however, is intended to insure that policies (both Yemeni and the WB’s) have been adhered to and provide the feedback needed for adjusting strategic directions. Evaluation, thus, has the following objectives:

. General assessment of the compliance of resettlement activities with the objectives and methods as set out in this RPF

. Assessment of the compliance of resettlement activities with the laws, regulations and safeguard policies cited above . Assessment of resettlement and relocation procedures as they have been implemented . Evaluation of the impact resettlement and relocation has on incomes and standard of living, with the focus on the poor and the most vulnerable . Identification of actions to improve the positive impacts of the program and mitigate its possible negative impacts

While carrying out the evaluation process, the project will utilize: . This RPF as the guiding instrument . Yemeni laws and regulations as described in a preceding chapter . The World Bank’s OP 4.12 on Involuntary Resettlement

The evaluation of resettlement activities will be part of general assessment and review activities undertaken for the MWFP as a whole.

From the presentation above, Figure 3.2 below visualizes the different steps related to the RAP/ARP along the project cycle.

Figure II: RAP/ARP along the Project Cycle

55 ANNEX II: ENTITLEMENT MATRIX FOR AFFECTED PERSONS Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues Agricultural Land Loss of arable Permanent Farmers / Individuals  Provide cash compensation at  A list of available arable and and grazing (complete or who have formal legal replacement cost for the lost land11 plus grazing land in each affected agricultural partial) loss of ownership rights to the cost of preparing the land to levels commune land or access arable and grazing land similar to those of the affected land, plus  A list of PAP and entitled to it land located in the the cost of any registration and transfer persons sub-project site taxes.  Consultations and formal  Provide cash compensation for loss of agreement with PAPs on type crops or trees at replacement cost. of compensation (cash or in- kind) Loss of arable Permanent Farmers / Individuals  Provide development and transitional  If available and requested by and grazing (complete or who do not have formal assistance in locating new replacement the PAPs and agreed to by the agricultural partial) loss of legal ownership rights lease land. sub-project and concerned land or access arable and grazing to land but have  Provide cash compensation for loss of authorities: provide equivalent to it land located in the temporary or leasing crops or trees at replacement cost. land nearby, of similar size, sub-project site rights value, and quality  In case of relocation, provide assistance to farmers during and Loss of arable Permanent Farmers / Individuals  No compensation for land. after the relocation process and grazing (complete or who do not have any  Provide landless PAPs with  Provision of assistance to agricultural partial) loss of recognizable legal right resettlement assistance in securing land or access arable and grazing or claim to the land farmers to develop new crops temporary or lease rights to replacement and improve production for to it land located in the land sub-project site both crops and livestock  Provide cash compensation for loss of  Poor and vulnerable PAPs crops or trees at replacement cost. (including the landless) will not be displaced until replacement land is provided

11 Calculated at entitlement cut-off date. Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues Loss of arable Temporary Farmers / Individuals  No compensation for land if returned to  If the temporary loss continues and grazing (complete or who have formal legal owner in less than one year. for more than one year, PAPs will agricultural partial) loss of all ownership rights to  Provide cash compensation equivalent to be given a choice of either land or access or part of arable land the replacement cost at market price of continuing with the temporary to it and grazing land renting the land during the temporary use. arrangements, or selling the located in the sub-  Provide cash compensation for loss of affected land to the sub-project at project site crops or trees at replacement cost and full replacement cost at current compensation for loss of net income from market value subsequent crops that cannot be planted for  Provision of development the duration of the lease. assistance to enable farmers / land owners to restore land to its Loss of arable Temporary Farmers / Individuals  No compensation for land if returned to previous condition or better quality and grazing (complete or who do not have formal owner in less than one year. by providing measures to improve land quality in cases of land being agricultural partial) loss of all legal ownership rights  Provide cash compensation equivalent to adversely affected. land or access or part of arable to land but have the replacement cost at market price of to it and grazing land temporary or leasing renting the land during the temporary use. located in the sub- rights  Provide cash compensation for loss of project site crops or trees at replacement cost and compensation for loss of net income from subsequent crops that cannot be planted for the duration of the lease.

Loss of arable Temporary Farmers / Individuals  No compensation for land if returned to  Provision of development and and grazing (complete or who do not have any owner in less than one year. resettlement assistance to landless agricultural partial) loss of all recognizable legal right  Provide cash compensation for loss of PAPs with no legal rights. land or access or part of arable or claim to the land crops or trees at replacement cost. to it and grazing land located in the sub- project site Urban Land (Residential and /or Commercial) Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues Loss of urban Permanent Individuals who have  Provide cash compensation at  A list of available non- residential or (complete or formal legal ownership replacement cost of land of equal size and arable land in each affected commercial partial) loss of rights to land use, with similar or improved public commune non-arable land urban residential or infrastructure facilities and services and  A list of PAP and entitled or access to it commercial non- located in the vicinity of the affected land, persons arable land plus the cost of any registration and  Consultations and formal transfer taxes. agreement with PAPs on type of  In the case that there are structures compensation (cash or in-kind) on the land, provide cash compensation at  If available and requested replacement cost for the materials used to by the PAPs and agreed to by the rebuild the structures or to partially repair sub-project and concerned an affected structure. authorities: provide equivalent land Loss of urban Permanent Individuals who do not  In the case that there are structures nearby, of similar size, value, and residential or (complete or have formal legal on the land which have been built by the quality commercial partial) loss of ownership rights to users, provide cash compensation at  Provision of development non-arable land urban residential or land but have replacement cost for the materials used to and resettlement assistance, mainly or access to it commercial non- temporary or leasing rebuild the structures or to partially repair an in the form of transition arable land rights affected structure. allowances for severely affected  Provide development and transitional PAPs (transition subsistence assistance in locating new replacement lease allowance for food, moving land incentive allowance, assistance in locating new residential or Loss of urban Permanent Individuals who do not  Provide no compensation for land. commercial leasing, and income residential or (complete or have any recognizable  In the case that there are structures transition allowance if businesses commercial partial) loss of legal right or claim to on the land which have been built by the are affected). non-arable land urban residential or the land users, provide cash compensation at or access to it commercial non- replacement cost for the materials used to arable land rebuild the structures or to partially repair an affected structure.  Provide landless PAPs with resettlement and transitional assistance in securing alternative commercial or residential land and to restore their livelihoods. Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues Loss of urban Temporary Individuals who have  No compensation for land if returned  If the temporary loss continues residential or (complete or formal legal ownership to owner in less than one year. for more than one year, PAPs will commercial partial) loss of rights to land  Provide cash compensation be given a choice of either non-arable land urban residential or equivalent to the replacement cost at market continuing with the temporary or access to it commercial non- price of renting the land during the temporary arrangements, or selling the arable land use affected land to the sub-project at  Provide cash compensation for loss full replacement cost at current of crops, trees, or structures at replacement market value cost  Provision of assistance to enable the land users owners to Loss of urban Temporary Individuals who do not  No compensation for land if returned restore land to its pre-subproject residential or (complete or have formal legal to owner in less than one year. condition by providing measures to improve land quality in cases commercial partial) loss of ownership rights to  Provide cash compensation where land is adversely affected non-arable land urban residential or land but have equivalent to the replacement cost at market or access to it commercial non- temporary or leasing price of renting the land during the temporary arable land rights use  Provide cash compensation for loss of crops, trees, or structures at replacement cost

Loss of urban Temporary Individuals who do not  No compensation for land if returned to  Provision of resettlement residential or (complete or have any recognizable owner in less than one year. assistance to landless PAPs with commercial partial) loss of legal right or claim to  Provide cash compensation for loss of no legal rights non-arable land urban residential or the land crops, trees, or structures at replacement cost or access to it commercial non- arable land Structures or Buildings (Commercial, Business, Industrial, or Residential) Loss of Permanent Individuals who have  Provide cash compensation at  A list of available structures or (complete or formal legal ownership replacement cost which equals the market structures in each affected access to them partial) loss of rights to the structures cost of materials used to build a commune structures replacement structure with similar area and  A list of PAP and entitled quality, or to repair a partially affected persons structure, plus the cost of transporting  Consultations and formal building materials to the construction site, agreement with PAPs on type of plus the cost of any labor and contractors’ compensation (cash or in-kind, i.e fees, plus the cost of any registration and relocation) transfer taxes. Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues Loss of Permanent Individuals who do not  Provide assistance in moving and  A 3-months notice - at structures or (complete or have formal legal finding similar and affordable rental least - to be given to the tenants. access to them partial) loss of ownership rights to accommodation (this may include moving urban residential or land but have allowance and rental allowance for a commercial non- temporary or leasing transitional period). arable land rights (tenants)

Loss of Permanent Individuals who do not  Provide cash compensation at  The Environmental and structures or (complete or have any recognizable replacement cost for the structures if they Social Officer may look into the access to them partial) loss of legal right or claim to were built by the users. possibilities of formalizing the urban residential or the land (squatters and  Provide assistance in moving and structures following their repair. commercial non- persons in ownership finding similar and affordable rental arable land dispute) accommodation (this may include moving allowance and rental allowance for a transitional period).

Standing Crops, Trees, and Plants Loss of Permanent Farmers or individuals  Provide cash compensation for loss of  A comparative list of the prices standing crops, (complete or who cultivate the land crops, trees, or plants at replacement cost. of agricultural products in local trees, or plants partial) loss of and who have formal markets. or access to standing legal ownership rights  A list of tree and plant species them crops, trees, or to the land on which the in the commune area. plants crops are  The sub-project activities should take into consideration the Loss of Permanent Farmers or individuals  Provide cash compensation for loss of cropping patterns and seasons in standing crops, (complete or who do not have formal crops, trees, or plants at replacement cost. order to avoid partial or complete trees, or plants partial) loss of legal ownership rights loss – if possible. or access to standing to land on which the them crops, trees, or crops are but have plants temporary or leasing rights (tenants) Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues Loss of Permanent Farmers or individuals  Provide cash compensation for loss of standing crops, (complete or who do not have any crops, trees, or plants at replacement cost. trees, or plants partial) loss of recognizable legal right or access to standing crops, or claim to the land on them trees, or plants which the crops are

Income or Access to Income (Commercial, Business, and Industrial Activities) Loss of source Permanent loss of Owner or workers in  Provide transitional cash  A list of available of income or income source or formal registered compensation until new permanent commercial, industrial, and access to access to it businesses employment is secured based on net income business activities in each affected source of (for a maximum period of 6 months). commune income  Provide development assistance to  A list of PAP and entitled PAPs (i.e. training in specific areas) in order persons. to help them to maintain and/or improve their  The Environmental and income generation potential and access to Social Officer shall assist in the gainful employment. provision of development assistance to severely affected Loss of source Permanent loss of Owner or workers in  Provide transitional cash PAPs and vulnerable groups (i.e. of income or income source or informal unregistered compensation until new employment is design training programs, access to access to it businesses secured based on minimum wage per month formalizing informal activities, source of in the respective district (for a maximum access to credit, including them in income period of 6 months) the sub-project’s contractors’  Priority shall be given to severely pecifications wherever possible). affected PAPs in the provision of any relevant employment in the activities related to the sub-project.

Loss of source Temporary loss of Owner or workers in  Provide cash compensation for the of income or income source or formal registered duration of business/income generation that access to access to it businesses is disrupted based on net income. source of income Type of Losses Level of Impact Entitled Person(s) Compensation Policy & Standards Implementation Issues Loss of source Temporary loss of Owner or workers in  Provide cash compensation for the of income or income source or informal unregistered duration of business/income generation that access to access to it businesses is disrupted based on the minimum wage per source of month in the respective district. income Type of Losses Level of Impact Entitled Person(s) Compensation Policy Implementation Issues Community Resources Loss of Permanent All members of the  Affected land will be replaced in  A list identifying community (complete or partial community areas identified in consultation with affected community physical assets and assets or access loss) of community communities and relevant organizations and resources (i.e., public hospitals, to them physical assets authorities. markets, fishing areas, grazing  Provide alternative or similar areas, fuel, or fodder). resources to compensate for the loss of  If income loss is access to community physical resources expected due to the loss in any community assets, compensation Loss of Temporary All members of the  Restoration of affected community for this loss shall be in the form community (complete or partial community buildings and structures to original or better of development assistance to assets or access loss) of community condition restore the livelihoods of the to them physical assets  Provide alternative or similar PAPs. resources to compensate for the temporary loss of access to community physical resources Loss of socio- Permanent All members of the  Provide development assistance to  Identify different forms economic (complete or partial community enable community members to take of social capital from PAPs’ and/or social- loss) of community advantage of income restoration measures point of view (i.e. social credit, cultural non-physical assets noted above. networks, social cohesion, etc.) relationships /  Provide alternative or similar  Consultation with PAPs networks or resources to compensate for the loss of to identify measures to rectify access to them access to community social capital. the permanent or partial losses in social capital. Loss of socio- Temporary All members of the  Provide development assistance to economic (complete or partial community enable community members to take advantage and/or social- loss) of community of income restoration measures noted above. cultural non-physical assets  Provide alternative or similar resources relationships / to compensate for the temporary loss of access networks or to community social capital. access to them Source: Adapted from the Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, Safeguard policies Sector, Egypt, June 2006

Annex III: Summary of the registration survey results at Mokha 60 MW Wind Farm Project (MWFP) Site House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household Abdo Aly 1478401- 1 Al Oksh 1 8 40 Not available Dawd 318912 Aly Ahmed 1478436- 2 Al Oksh 1 8 32 10 years Not available Zaid 318884 Moghyni 3 Ahmed Al Oksh 1477911- 1 - 35 Long time Not available No Ahmed 318306 ago13 information House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household Moghbish and/or no El Serage signature 12 Mohamed No Ahmed 1477945- Long time information 4 Al Oksh 1 - 40 Not available Moghbish 318365 ago and/or no El Serage signature Ghalep No Ahmed 1477991- Long time information 5 Al Oksh 1 - 20 Not available Aly 318376 ago and/or no Moghbish signature Abdallah No Ghalep 1477990- Long time information 6 Ahmed Al Oksh 1 - 40 Not available 318370 ago and/or no Aly signature Moghbish Abdo No Ahmed 1478020- information 7 Al Oksh 1 - 20 - Not available Aly 318386 and/or no Moghbish signature Mohamed No Abdo 1478027- information 8 Ahmed Al Oksh 1 - 12 Not available 318378 and/or no Aly signature Moghbish Aly Kaad No Ahmed 1478040- information 9 Al Oksh 1 - 20 - Not available Aly 318345 and/or no signature 10 Kaad Al Oksh 1478043- 1 2 15 Long time Not available No Ahmed 318337 ago information

12 This refers o the cases where surveyors refused to provide the survey team with details and refused to sign the registration survey 13 In cases where "long time ago" is mentioned, this reflects what the surveyors said without determining specific period of time House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household Aly and/or no Moghbish signature 1477664- Uninhibite Uninhibite 11 Al Oksh 54 Uninhibited 316433 d d Ahmed 1477803- 12 Abdallah Al Oksh 2 8 45 2 years Not available 316241 Tobili Ahmed Omr 1476414- 13 Al Oksh 2 15 45 2 years Not available Abdallah 315326 Tobili Aly Said Omr 1477357- 14 Al Oksh 1 4 50 2 0 years Not available Abdallah 315696 Tobili Mohamed 1477348- 15 Said Omr Al Oksh 1 6 45 2 0 years Not available 315745 Abdallah Said Omr 1477367- 16 Abdallah Al Oksh 1 10 63 2 0 years Not available 315658 Tobili Aly Gaber 1477034- Long time 17 Al Oksh 2 7 21 Not available Mokbil 318283 ago Aly Awd 1476916- 18 Ben Awd Al Oksh 1 6 21 1 0 years Not available 318412 Darwish Mohamme d Awd 1476943- Long time 19 Al Oksh 1 7 15 Not available Ben Awd 318425 ago Darwish 20 Ahmed Al Oksh 1475406- 1 10 28 Long time Not available Mohamme 318617 ago House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household d Awd Darwish Salem 1477009- Long time 21 Moghbish Al Oksh 1 9 45 Not available 318397 ago Moghbish Said Gaber 1477034- 22 Al Oksh 1 5 12 1 0 years Not available Abdalah 318263 Moghbish Haael Said 1476544- Long time 23 Al Oksh 1 4 24 Not available Abdallah 318308 ago Moghbish Mohamme d Said 1476539- Long time 24 Al Oksh 1 2 16 Not available Abdallah 318329 ago Moghbish Aly 1476531- Long time 25 Mohamed Al Oksh 1 4 9 Not available 318396 ago Abdallah Ahmed Mohamme 1476512- Long time 26 d Al Oksh 1 3 8 Not available 318448 ago Abdallah Moghbish Aly Said 1476542- Long time 27 Abdallah Al Oksh 1 6 32 Not available 318320 ago Moghbish Abdo Aly 1476913- 28 Awad Al Oksh 1 2 - Not available 318427 Moghbish 29 Al Oksh 1476991- Uninhibite Uninhibite 20 - - Uninhibited House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household 318360 d d Ahmed 1475362- Long time 30 Saleh Al Oksh 1 2 12 Not available 318631 ago Abdo Aly Ahmed 1475420- Long time 31 Al Oksh 1 6 20 Not available Saleh 318688 ago Abdo No 1475676- information 32 Al Oksh - - 132 - - 318148 and/or no signature 1476122- Uninhibite Uninhibite 33 Al Oksh 28 - - Uninhibited 318007 d d Mohamed El sayed 1476286- 34 Al Oksh 1 3 20 8 years Not available Abdo 317488 Mohgep 35 Gaafr Abdallah 1476312- Sayed Al Oksh 1 5 24 8 years Not available 317515 Abdo Mohgep 36 Abd Ellatef 1476311- Al Oksh 1 3 24 8 years Not available Abdallah 317512 Sayed 37 A 1477515- Al Oksh - - 300 GRAVE 317301 38 Thabet 1478594- Naser El Al Houlibi 1 2 24 20 years Not available 312951 Zohry House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household 39 Meged 1478141- Long time Mohamed Al Houlibi 1 1 36 Not available 313370 ago Elshikh 40 Said Omr 1478193- Long time Al Houlibi 1 2 12 Not available 313381 ago 41 Ahmed 1478173- Long time Mohamme Al Houlibi 1 5 28 Not available 313346 ago d Elshekh 42 Mohamme d 1478147- Long time Al Houlibi 1 2 24 Not available Mohamme 313530 ago d El zohry 43 Abdallah 1478172- Al Houlibi 1 6 28 - Not available Zaid 313335 44 1478170- Long time Salma Al Houlibi 1 1 9 Not available 313459 ago Hezam 45 Aly 1478168- Long time Ahmed Al Houlibi 1 7 20 Not available 313437 ago Ankf 46 Abdo 1478620- Long time Naser El Al Houlibi 1 2 Not available 312910 ago Zohry 47 Zaid 1478619- Long time Naser Al Houlibi 1 5 28 Not available 312935 ago Elzohry 48 Naser Mohamme 1478598- Long time Al Houlibi 1 2 18 Not available d El 312890 ago Zohry 49 Yahiya Al Houlibi 1478536- 1 1 28 Long time Not available Mohamme 313057 ago House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household d Kadbr 50 Mohamed 1478143- Long time Ahmed Al Houlibi 1 3 48 Not available 313546 ago Zohry 51 Salem No Abdo Al 1478233- Long time information Al Houlibi 1 1 21 Not available Houlibi 313045 ago and/or no signature 52 Noaman No Abdo 1478272- information Al Houlibi 1 - 24 - Not available Tobili 313073 and/or no signature 53 Ahmed No Abdo 1478237- Long time information Al Houlibi 1 3 28 Not available Tobili 313006 ago and/or no signature 54 Mohamme d 1478307- Long time Al Houlibi 1 1 9 Not available Abdallah 312922 ago El Zolemy 55 Abnaa Mohamme 1478349- Long time d Al Houlibi 1 5 18 Not available 312829 ago Mohamme d Ghaleb 56 Mohamed Ben 1478355- Long time Mohamme Al Houlibi 1 3 28 Not available 312858 ago d El Zolamy 57 Abdallah Al Houlibi 1478303- 1 7 20 Long time Not available Mohamme 312933 ago House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household d Zolamy 58 Fateni Mohamed 1478327- Long time Al Houlibi 1 5 20 Not available Abdallah 312932 ago Zolamy 59 Abdo Ahmed 1478348- Long time Al Houlibi 1 4 12 Not available Abdallah 312804 ago To Tobili 60 Abdo 1478268- Long time Abdo Al Houlibi 1 4 12 Not available 313047 ago Tobili 61 Osman 1478291- Long time Abdo Al Houlibi 1 3 28 Not available 313023 ago Tobili 62 Said Aly Located on Dawd 1480368- Long time Al Serega 1 10 28 Not available the project Hassan El 3149970 ago site boarder Seragy 63 Zaid Said Located on Aly Dawd 1483334- Long time the project Al Serega 1 3 20 Not available Hassan El 314926 ago site boarder Seragy 64 Mohamme Located on d Ahmed the project 1483451- Long time Mohamme Al Serega 1 1 20 Not available site boarder 314497 ago d El Seragy 65 Ahmed Al Serega 1483516- 1 2 16 Long time Not available Located on Mohamme 314567 ago the project d site boarder Mohamme House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household d El Seragy 66 Ibrahim Located on Ahmed the project 1483470- Long time Mohamme Al Serega 1 8 65 Not available site boarder 314438 ago d El Seragy 67 Mohamme Located on d the project 1483497- Long time Mohamme Al Serega 1 4 35 Not available site boarder 314529 ago d Ahmed El Sergy Located on Said the project Mohamme site boarder 1483497- 68 d Ahmed Al Serega 1 5 56 - Not available No 314096 Aly El information Seragy and/or no signature 69 Akho No Abady 1480675- information Al Serega 1 - 40 - - Ben El 313822 and/or no Seragy signature 70 Abd Ahmed 1480400- Long time Al Serega 1 9 28 Not available Hedary El 313334 ago Seragy 71 Lahgy Ahmed 1480356- Long time Al Serega 1 6 45 Not available Hedary El 313369 ago Seragy 72 Mohamed Al Serega 1480426- 1 7 28 Long time Not available House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household Ahmed Hedary El 313293 ago Seragy 73 Salem No Mohamed 1483137- Long time information Al Serega 1 2 28 Not available Aly El 313729 ago and/or no Seragy signature 74 Mohamed No Saleh El 1482615- Long time information Al Serega 1 6 20 Not available Seragy 313719 ago and/or no signature 75 Awad No Mohamme 1483142- Long time information Al Serega 1 2 16 Not available d Aly El 313770 ago and/or no Seragy signature 76 Mohmme No d Aly El 1483134- Long time information Al Serega 1 3 20 Not available Seragy 313716 ago and/or no signature 77 Aly No Mohamme 1483047- Long time information Al Serega 1 2 20 Not available d Aly El 313775 ago and/or no Seragy signature 78 Feteni No Mohamed 1483006- Long time information Al Serega 1 3 20 Not available Aly El 313798 ago and/or no Seragy signature 79 Awd Lahd No Aly El 1483025- Long time information Al Serega 1 2 20 Not available Seragy 313779 ago and/or no signature 80 Ahmed Al Serega 1482950- 1 6 80 Long time Not available No House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household Mohamed information Aly E 313794 ago and/or no Sragy signature 81 Ahmed No Zaid 1483113- Long time information Al Serega 1 4 20 Not available Moghbish 314407 ago and/or no El Seragy signature 82 Ahmed No Mohamme information d 1480674- Long time and/or no Al Serega 1 1 24 Not available Mohamme 313915 ago signature d El Seragy 83 Yahiya No Mohamme information d 1480679- Long time and/or no Al Serega 1 2 42 Not available Mohamme 313901 ago signature d El Seragy 84 ALy No Mohamme information d 1480697- Long time and/or no Al Serega 1 2 20 Not available Mohamme 313931 ago signature d El Seragy 85 Abd No Mohamme information d 1480708- Long time and/or no Al Serega 1 2 16 Not available Mohamme 313901 ago signature d El Seragy 86 Said Al Serega 1480679- 1 4 28 Long time Not available No House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household Mohamme information d and/or no Mohamme 313831 ago signature d El Seragy 87 Aly No Ahmed information 1480713- Long time Mohamme Al Serega 1 2 24 Not available and/or no 313669 ago d El signature Seragy 88 Salem No Ahmed information 1480751- Long time Mohamme Al Serega 1 2 16 Not available and/or no 313702 ago d El signature Seragy 89 Mohamme No d Ahmed 1480749- Long time information Al Serega 1 2 12 Not available El Seragy 313706 ago and/or no signature 90 Said No Ahmed information 1480745- Long time Mohamme Al Serega 1 2 20 Not available and/or no 313712 ago d El signature Seragy 91 Abdo No Mohamme 1480761- Long time information Al Serega 1 2 20 Not available d Ahmed 313722 ago and/or no El Seragy signature 92 Awd No Talep 1480713- Long time information Al Serega 1 3 20 Not available Kamel 313584 ago and/or no signature House Date of Documents Number of Number of Name of area settling in to prove Household families/ members # househol Village (average this ownership of Coordinates household within der m2) household the house Comments household 93 Aly Zaid No Moghbish 1482973- Long time information Al Serega 1 2 9 Not available El Seragy 314127 ago and/or no signature ANNEX IV: TYPES OF ACQUISITION AND THE REGULATING ARTICLES OF LAW 1, 1995

1- Administrative Acquisition

Article 4 of law (1) year 1995 states that: Administrative acquisition of real estate owned by the government entities, authorities, institutions, corporations, and public companies is carried out in accordance with the following: . Agreement takes place between the two parties on the issue of acquisition where the question of compensation gets settled. . Any disagreement between the two parties with respect to acquisition is settled by the respective minister if the parties come under the same ministry. The Council of Ministers settled any disagreement between the two parties if both happen to come under different ministries. The ruling of the minister or the Council of Ministers, whatever the case may be, shall be final and bending. . If two parties did not agree on the question of compensation , then each of them has the option of applying to the Estimating committee , primarily to Register in the estate register , to provide an estimate of the compensation as provided for in this law , and whose ruling shall be final and binding to the two parties. . The agreement of two parties or the decision of the estimating committee shall constitute the bases for registering in the real estate register after presenting documented proof that the acquisitioning party had received the compensation amount and that this amount had been deposited into the department of the real estate registry or the treasury of the primary court in which domain the real estate is located, unless otherwise a different agreement exists. Article (5) of the law referred to above states that these provisions do not apply to real estate which an endowment, will or graved; since no acquisition may take place except with a court ruling in accordance with the endowment law. 2- Judicial Acquisition Articles 7 to 11 of the Law referred the Judicial Acquisition procedure that is either directly or indirectly related to the project: a) The party that possesses the legal right to carry out acquisitions must submit an application for acquisition to the court of appeal of the governorate in which confines the real estate is located. The application should consist of a description of the project that will be of common benefit and for which the real estate will be acquisitioned, a list the registration of names of real owners of the real estate together with their addresses, location of the real estate, a map showing the area of land that will required to be acquisitioned, and a statement describing the underlying motives for acquisition along with all relevant information. b) The court must set a date to look into the issue of acquisition during a period of time not later than fifteen days from the date of the application there. The Court would then notify the Department of the Real Estate Registry to freeze all actions concerning the real estate. c) The Court must then check the validity of the statements describing common benefit, and ascertain that all the conditions do satisfy the ultimate objective, and that the act of acquisition does not cause any undue unjust. In the event the Court does not agree with the application for acquisition, it would then notify the Department of the Real Estate Registry to lift the freeze status from this real estate. d) The Court assigns the task of estimating the compensation money during a period of time not exceeding one month from the date of assignment to the Estimating Committee. e) The Court looks into and declares its rulings in the acquisition applications promptly in an equitable and fair manner if it fails to resolve the differences between the two parties. The party applying for acquisition bears all the expenses of the application procedures. f) The acquisitioner pays the compensation money during a period not exceeding two months in cash through the court, or in kind. If it constitutes his dwelling or his only source of income, then all these issues must be taken into account when deciding on compensation matters so that nothing of such vital issues are changed unfavorably, and that such issues are maintained as they were existing before the acquisition. The court should then instruct the Department of Real Estate Registry to register the acquisitioned real estate in the name of the aquisitioner after the payment of compensation money, or to register the compensation real estate in the name of the part acquisitioned from, if this party agreed to exchange his original real estate (subject of the acquisition procedures) with another as compensation. g) Claims of rights and all other claims of kind do not halt acquisition procedures. Those proven claims get carried over to post acquisition stage. If ownership proved to be of others then all relevant documented proof get also carried over to post acquisition stage, if accepted by the pre-acquisitioned stage actual owner or else the whole acquisition procedures are repeated all over again.

3- Amicable/ Mutually Agreed Acquisition a) Article (6) of the law referred to above with respect to “mutually agreed acquisition” states a number of provisions: The authorities who are entitled to carry out land acquisition (which incorporate real estate in accordance with article (1) of the law concerning land acquisition) are required by law to agree with owner of the real estate in an amicable manner against a compensation in the form of either cash money or in type , or whatever is estimated by the Estimating Committee that had been formed in accordance with this law. If the real estate is owned by more than one person then the approval of all the partners becomes mandatory. b) The acquisitioning authority notifies the real estate registry to put a sign of ‘no action required’ on the real estate. c) The decision of the Estimating committee is final and binding to the two parties. The decision is also irrefutable if they both have their agreement in writing , or twenty days have passed since they were informed of the decision without any of them raising any objection with head of the Estimating committee , assuming that the delay in raising the objection is because of valid reasons. If any of the two parties raised objections to the estimating Committee during this grace period mentioned above then the procedures for amicable acquisition is considered null and void, in which case the head of the Estimating Committee will be obliged to notify the department of real estate registry to remove the sign of " No action Required " from the real estate. d) To be able to register in the real estate Registry the two parties must first reach a written agreement to the decision of the estimating Committee, or twenty days should have passed since the decision of the Committee without any of the two parties raising an objection. The base for registry and acquisition to be legal is to provide the compensation or register the estate after maximum 30 days from the written agreement. Otherwise, the owner of the real estate has the right refuse the acquisition. e) If the acquisitioner did not pay the acquisitioned from the compensation money , nor did he deposit it the department of the Real Estate registry or the treasury of the primary court in the domain of which is located the real estate , nor did he register the compensation in the name of the person acquisitioned from in the event of compensation of type during thirty days from the date of the written agreement on the decision of the Estimating committee , or the expiry of the twenty days without any of the two parties raising any objections on the decision of the Committee , unless otherwise there existed a different agreement , the person acquisitioned from can then notify the acquisitioner and Department of Real Estate Registry with his disagreement to the issue of the acquisition , and all related procedures are then considered null and void.

4- Temporary Acquisition

Articles (12) to (16) of the law referred to above define those procedures which pertain to Temporary Acquisition.

Those authorities that are entitled by law to carry out acquisition of real estate (inclusive of land, in accordance with Article (1) of the law referred to above) in emergency and exceptional cases, e.g. at times of catastrophes and calamities that necessitate quick response and appropriate action. The concerned authorities in such cases may decide to carry out temporary acquisition of real estates. They can do so by issuing a decree from the head of such authority, stating the duration of the acquisition which as a maximum should not exceed two years from the date of the issue of the decree. a) The governor of the Governorate in which is located the named real estate forms a committee consisting of an engineer, one of his staff, a representative of the authority who decided to carry out the temporary acquisition, and a representative of the owner of the real estate. The task of this committee is to arrange minutes containing a description of the real estate. Photographs, plans, and whatever relevant data that defines the orientation, shape, and looks of the real estate are attached with the minutes. The owner of the real estate must be summoned at an early date to be present during the preparation of the minutes. The non arrival of the owner at the preset date does not, in any way, affect or delay the working of the committee and time. b) The Estimation Committee carries out the procedures of evaluating suitable and appropriate compensation for the owner of the acquisitioned real estate for the period of the temporary acquisition, taking into account such matters as the prevailing rate similar real estates. c) The authority that had acquisitioned the real estate on a temporary basis must return it to its previous owner at the expiry of the temporary acquisition period. The owner of the real estate reserves has a right to claim from the authority compensation for damages that the real estate might have suffered during the temporary acquisition. The Estimation Committee referred to in the law mentioned above should settle any difference with regards to compensation money. The owner of the real estate is entitled to appeal the decision of the Estimation Committee in the Court of Appeal of the governorate. The Court of Appeal must then pass its rulings on the appeal during a period not exceeding three months. d) If the period of temporary acquisition exceeded two years then the authority that had temporarily acquisitioned the real estate must apply for its full acquisition. The owner of the real estate has the option of either demanding the renewal of the temporary acquisition against new compensation or the full acquisition of the real estate by the authority concerned. If none of the two optioned materialized then he becomes entitled to ask the court to return back to him his real estate against compensation in lie of the delay in time. In all cases the owner is entitled to launch an administrative and a judicial complaint against the temporary acquisition if he deems groundless the so called emergency and exceptional circumstances. He may also launch a complaint against the duration of the acquisition if he felt that it caused him harm.

List of References

Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, Safeguard Policies Sector, Egypt, June 2006

Final Resettlement Action Plan, Vietnam Northern Transmission Project, Asian Development Bank , JUNE 2004

Final Revised Resettlement Policy Framework (RPF), Sana'a, Ministry of Electricity, Public Electricity Corporation (PEC), Power Sector Support Project (PSSP), August 2005

Final Resettlement Policy Framework, Vietnam Northern Transmission Project, Asian Development Bank, June 2004

Resettlement Policy Framework for the Water Sector Support Program (WSSP) (revisions), CES India Pvt Ltd, October, 2008

Resettlement Policy Framework for the Water Sector Support Program (WSSP), CES India Pvt Ltd, power point presentation (undated)

Resettlement Policy Framework for the Port Cities Development Program (PCDP) (final draft), Undated paper

Renewable Energy Strategy and Action Plan, Lahmeyer International, June 2008

Resettlement Policy Framework (RPF) for the Rural Energy Access Project (REAP), EcoConServ, Egypt in association with JET, Yemen, March, 2009

Upgrading Feasibility Study (Draft Report), Al Mokha 60 MW Wind Farm project, NIP, S.A, Ministry of Electricity and Energy, December 2009

Yemeni legislations related to resettlement and land acquisitions

Yemen Constitution http://www.amanjordan.org/laws/yemen/c2yemen.htm http://www.legal-affairs.gov.ye/ar/view_dos.asp

National Information Centre Yemen – Laws and Legislations http://www.yemen-nic.info/contents/laws_ye/