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World Bank Document Public Disclosure Authorized MINISTRY OF NATIONAL DEVELOPMENT PLANNING ENVIRONMENTAL AND SOCIAL DUE DILIGENCE ON THE TRANSFORMING LANDSCAPES FOR RESILIENCE AND DEVELOPMENT IN ZAMBIA Public Disclosure Authorized RESETTLEMENT POLICY FRAMEWORK Public Disclosure Authorized Public Disclosure Authorized November 2018 1 | P a g e EXECUTIVE SUMMARY This Resettlement Policy Framework (RPF) is for the Transforming landscapes for resilience and development in Zambia (P164764) which the World Bank intends to finance. The Process Framework (PF) is prepared as a separate document. The Agency responsible for the implementation of this RPF and PF is the Ministry of National Development Planning. This RPF and PF is meant for use by the Ministry of National Devleopment Planning to ensure that the World Bank’s Safeguard OP 4.12 for involuntary resettlement and Zambia’s needs for land acquisition and resettlement are addressed adequately. The Environmental Social Management Framework (ESMF) which was been prepared separately on the other hand stipulates the mechanisms that TRALARD will use for screening sub-projects for environmental and social impacts and prescribes measures for mitigating and managing the identified impacts. Project objective and brief description The development objective of TRALARD is to increase the ecosystem resilience and land productivity within vulnerable landscapes and, in the event of an eligible crisis or emergency, to provide immediate and effective response to the eligible crisis or emergency.The PDO will be achieved through: (a) Institutional Development and Capacity Building for Landscape Restoration and Resilience, (b) Sustainable Landscape Management Practices, (c) Contingency Emergency Response, and (d) Project Management and Monitoring. Need for RPF This Resettlement Policy Framework (RPF) sets out a framework and process for the application of the World Bank’s Resettlement Policy through the life of the project. This will guide the preparation of separate Resettlement Action Plan (RAP) satisfactory to the World Bank, for each site where land is acquired or persons are displaced from their homes, lands or businesses. The purpose of the Resettlement Policy Framework are to: • Establish the principles, procedures and institutional framework for the TRALARD project through which all project resettlement activities will be conducted; and • Lay the foundation for the preparation of operational instruments which include the Resettlement Action Plan, Abbreviated Resettlement Plans and or and Livelihood Restoration Plans. Need for Process Framework According to World Bank guidelines, projects that may potentially impose restrictions of access of local communities to nature resources require a “Process Framework”, in accordance with Operational Policy OP 4.12 on Involuntary Resettlement, herein referred to as the Access Restriction Process Framework (ARPF). The TRALARD project will result in limited/restricted access of people to natural resources which may adversely affect vulnerable individuals or groups by curtailing their legal or illegal incomes. For the most part, these restrictions will be voluntarily negotiated with the affected vulnerable groups through a consultative process described in this framework. The process framework is prepared as a separate document. 1 | P a g e Project location The project will be implemented in the Northern region of Zambia (NRZ). This comprises three provinces namely Luapula; Northern; and Muchinga, and covers a total area of 216, 023 square kilometres. Northern Province covers an area of 77,650 square kilometres, which is about 10.3 percent of the total area of Zambia and is administratively divided into eight districts, namely: Chilubi, Kaputa, Kasama, Luwingu, Mbala, Mporokoso, Mpulungu, and Mungwi. Muchinga Province covers an area of 87,806 square kilometers, which is about 11.7 percent of the total area of Zambia and is administratively divided into six districts, namely: Chinsali, Isoka, Mpika, Nakonde and Mafinga. Luapula province covers a surface area of 50,567 square kilometres The province is administratively divided into seven (7) districts, namely: Chienge, Kawambwa, Mansa, Milenge, Mwense, Nchelenge and Samfya. Legal Framework for Land Acquisition In Zambia relevant laws related to land administration, ownership, land use, valuation, compensation, entitlement and procedures for grievance redress include the Zambian Constitution, the Land Acquisition Act, the Agricultural lands Act, the Public Roads Act, the Arbitration Act, the Environmental Protection and Pollution Central Act, the Wildlife Act, the Local Government Act, the Town and Country Planning Act, the Land Survey Act, and the Land Convention of Titles Act. Differences between the Zambian Legislations and the World Bank OP 4.12 on the general principles of resettlement, eligibility criteria, compensation period for expropriation and resettlement include: • The World Bank OP 4.12 provision is that resettlement should be avoided as much as possible, while the Zambian Legislation provides for repossession of land in National Interest whenever deemed necessary. • The World Bank OP 4.12 provision entitles those without formal rights to the land they occupy to claim compensation while the Zambian legislation provides compensation to land title holders with leases to the properties in question. The Zambian legislation provides for the vacating of repossessed land as soon as compensation has been paid contrary to the World Banks OP 4.12 provision that vacating should take place only when the necessary measures for resettlement have been put in place. For the purpose of this Project, expropriation, though supported by Land Acquisition Act CAP 189 of the Laws of Zambia, will only be relied upon as a last resort. A key element of this Project land acquisition process is the payment of fair and prompt compensation. Accordingly, land acquisition involves the following key components: 1. Legal preliminaries including getting statutory authority and serving notices, 2. Field investigations including valuation, 3. Land demarcation (field and plans), 4. Payment of compensation to those being dispossessed, 5. Transfer of ownership to the benefiting agency 2 | P a g e Potential project impacts from involuntary resettlement it is clear that the land within the conservation areas are encroached and the reclaiming of this land could result in involuntary resettlement. Potential impacts of this involuntary resettlement include: permanent loss of cultivable, residential, commercial land; temporal loss of access to land for cultivation and forests products; loss of agricultural crops, and fruit and wood trees; loss of income and livelihood; loss of residential and commercial structures; loss of cultural, religious, and community structures /facilities; and change in Livelihood for women and other vulnerable people that need to substitute their income because of adverse impacts. Key principles for resettlement planning The resettlement planning must take into account the magnitude of the impacts of the sub-project on the affected people. The RAP will be prepared in a manner consistent with this framework for Bank approval before the sub-project is implemented. The resettlement and compensation plans must also include measures to ensure that displaced persons are: informed about their options and rights pertaining to resettlement and compensation; consulted on, offered choices, and provided with technically and economically feasible resettlement and compensation alternatives; provided prompt and effective compensation at full replacement cost for losses of assets and access, attributable to the project; and enabled to restore but preferably, to improve upon their pre-project living standards and conditions. Grievance Redress Mechanism Affected people in the project area are poor and un-educated; the grievance procedures should be simple, accessible, flexible, just, fair and capable of being administered properly with minimum delay. In this regard, a complaints committee at the sub-project level under the chairmanship of the Ward Councillor with membership of representatives of the affected persons, local NGO’s, the Chiefs representative and the office of the District Agricultural Coordinating Office(DACO), Forestry Department and Department of Parks and National Wildlife shall be established before during project start up in order to address claims at an early stage because disputes can arise at an early stage of RAP preparation. Complaints should be submitted to the committee. After verification of the complaint through field visit, the concerned parties should be brought together to resolve the matter amicably. If not resolved, local courts system can be approached, as a last resort. Affected individuals and households should be informed and familiarised with the local grievance redress process well before the individual compensation and RAPs are approved and individual contracts signed. Monitoring and evaluation The Monitoring and Evaluation(M&E) will include arrangements for monitoring compensation and resettlement activities. In this regard, before implementation of sub-project activities are commenced, evaluations will be made to determine whether PAPs have been paid in full and on schedule. Furthermore, the impacts of compensation and resettlement activities shall be monitored using objectively verifiable indicators in order to determine and guide improvements in the PAPs standards of living. The indicators will quantitatively
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