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LECTURE ON CAPACITY CREATION FOR LAND ACQUISITION AND RESETTLEMENT

LECTURE ON CAPACITY CREATION FOR LAND ACQUISITION AND RESETTLEMENT ISSUES RELEVENT TO LINEAR PROJECTS AYSE KUDAT SOCIAL ASSESSMENT 2003. BTC TURKEY. BOTAŞ acquired land using the Law of Expropriation of 2000 and acquired large number of plots. PAST EXPERIENCE FAILED.

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LECTURE ON CAPACITY CREATION FOR LAND ACQUISITION AND RESETTLEMENT

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  1. LECTURE ON CAPACITY CREATION FOR LAND ACQUISITION AND RESETTLEMENT ISSUES RELEVENT TO LINEAR PROJECTS AYSE KUDAT SOCIAL ASSESSMENT 2003

  2. BTC TURKEY BOTAŞ acquired land using the Law of Expropriation of 2000 and acquired large number of plots

  3. PAST EXPERIENCE FAILED MOST PLOTS WERE ACQUIRED THROUGH THE COURT PROCESS

  4. Do we want to be in this situation? Percentage of plots in dispute

  5. Months/years it took for the disputes to settleAreas/cities it was expedited to reach settlement Disputes are settled on average 4-5 months depending on the regions. Disputes are not settled in any region/city in time that the law requires!!! Expropriation IS A LENGHTY PROCESS

  6. Things get worse and project fails to start on time when original property owners cannot be found Our studies have indicated that the owners that live outside the village are usually hard to find

  7. Price disputes after expropriation There only are 7 cases who have gone to court of appeals out of 1028 property owners Do we know why?

  8. Common problem of infrastructure projects Expropriation and Resettlement

  9. UNEQUAL TREATMENT CAUSE FRUSTRATION Resettlement plan ensures equal distribution of income and mitigation benefits.

  10. Although infrastructure projects like water, energy, etc. yield to enormous benefits for the majority they also cause some communities to lose their lands, houses, livelihoods and rights.

  11. During the last ten years the pressure on the international financial institutions on infrastructure projects have increased. Therefore these institutions are increasingly look for better RAPs which ensure fair and equal treatment of people who lost their lands, homes or jobs. In the case of indemnity (in the cash form), people enjoy spending it carelessly for the short term, and suffer in the medium term when there are no alternatives and no money left. $ That’s why sustainability concept plays a more important rule. Many Action Plans started to combine compensation payments with sustainable projects for the effected communities.

  12. Reimbursement oflost Income is the most Important factor in a Resettlement Action Plan

  13. RELATED WORLD BANK RULE OD. 4.30 AND THE NEW OP 4.12: RESETTLEMENT ACTION PLAN Resettlement rule applies to the projects where people involuntarily lose their lands, homes or other real estate.

  14. Resettlement Action Plan is not only an compensation plan

  15. BTC-TURKEY RAP MOSTLY COMPOSED OF CASH COMPENSATION!! THERE IS A REASON BEHIND!!!

  16. RAP is a must for the financial institutions. If the actions proposed in the RAP are not realized by the project company, financial institutions stop lending or cancel the lending contract. Rap is not a joke!!!!!!!

  17. RAP is NOT only an annex to a project document!!! It’s a formal document which regulates the actions to be taken to in balancing the income and lives of the adversely impacted communities.

  18. RESETTLEMENT TERM MAY BE MISLEADING.MITIGATING THE ECONOMIC AND PHYSICAL IMPACTS ARE MORE IMPORTANT THAN JUST RESETTLEMENT Physical impacts arise when the project location has to demolish homes or workplaces, ruin the lands Economic impacts arise due to expropriation requirements of a project which in turn decreases the incomesorassets of the households.

  19. RESETTLEMENT ISSUES

  20. Risks Associated with Resettlement • Landlessness • Joblessness • Homelessness • Marginalization • Food security and loss of agricultural income • Illness/Mortality • Loss of Common Property Resources • Social Disruption

  21. Many households in the Georgia portion of BTC lose all or majority of their lands… Private Plots (ha) 600 500 400 Plot size (ha) 300 200 100 Total Land size Land that is directly impacted from the project 0 Land size within 44 meters corridor Land size within 32 meters corridor Adigeni Borjomi Akhaltsikhe Tsalka Gardabani* Tetritskaro Cities Source: GIS Survey, BTC Georgia, 2002.

  22. …although households in Turkey lost very few of their lands. Source: GIS Survey, BTC Georgia, 2002.

  23. In Gardabani city, Georgia 51% of the households lost at least half of their total land holdings. Source: GIS Survey, BTC Georgia, 2002.

  24. In Georgia overall 27% of the households lost at least half of their total land holdings. Source: GIS Survey, BTC Georgia, 2002.

  25. Interestingly, in BTC / Turkey very few households lost more than half of their land holdings. Source: RAP, Survey Data, 2002.

  26. TYPOLOGY OF LANDS NEEDED FOR BTC PROJECT AND SELECT PROCESSES INVOLVED IN LAND ACQUISITION THE CASE OF TURKEY

  27. Land, Resource and Assets Ownership Case of Turkey Private Owners Private User Public Owners Local Authority Registered Not Registered State Authority Squatters on Public & Private Lands Tenant Farmers Users of common property Resources

  28. Land, Resource and Assets Ownership Case of Turkey Public Owners Private Owners Private User Local Authority State Authority Title deed registered Title deed and land registration system not available Tenant Farmers Other common areas Grazing Lands Users of common property Resources Pastures Squatters on Public & Private Lands Treasury Lands Forest Lands

  29. Private Land, Resource and Assets Ownership Owners of land in displaced communities Private Owners Title deed registered Title deed and land registration system not available Deed in the name of a deceased person Clean deed with one owner Clean deed with joint owners All users of land are in the community Some heirs in the community All heirs in the community Land used for less than 20 years (displaced populations) Land used for 20 continuous years Some owners in the community All owners in the community Users outside the community have claims Joint rights are not demarcated Joint rights are demarcated

  30. Private Land, Resource and Assets Ownership Private User Users of common property Resources Tenant Farmers Squatters on Public & Private Lands With formal arrangement Squatters on Public lands Squatters on private lands Informal tenant arrangement Tenant with infrastructure investment on land

  31. Public Land, Resource and Assets Ownership Case of Turkey Public Owners Local Authority State Authority Other common areas Grazing Lands Pastures Forest Lands Treasury Lands

  32. Public Land, Resource and Assets Ownership Case of Turkey Public Owners Local Authority State Authority Pastures Forest Lands Water resources Treasury Lands Other common areas Irrigation network Grazing Lands

  33. Public Land, Resource and Assets Ownership Case of Turkey Public Owners Local Authority State Authority Other common areas Irrigation network Grazing Lands Water resources Treasury Lands Pastures Forest Lands Village specific network Inter village networks Village common lands Lakes and other fresh water resources Vacant treasury lands Lands used by squatters Demarcated for the use of individual households Under use by private persons Forest lands collectively used River banks 2B

  34. Risks Associated with Resettlement • Landlessness • Joblessness • Homelessness • Marginalization • Food security and loss of agricultural income • Illness/Mortality • Loss of Common Property Resources • Social Disruption

  35. Many resettlement projects leave people unemployed For example around the Ilısu Dam40% of the households were wage earners and they would have lost their jobs if the dam was built

  36. If BP didn’t implement a development project to create employment for its Indonesia infrastructure project, affected people would have no other opportunities.

  37. Risks Associated with Resettlement • Landlessness • Joblessness • Homelessness • Marginalization • Food security and loss of agricultural income • Illness/Mortality • Loss of Common Property Resources • Social Disruption

  38. Ilisu dam would have left people homeless. Some of the villages have already been evacuated. In Indonesia, on the other hand, people were provided with new homes.

  39. Risks Associated with Resettlement • Landlessness • Joblessness • Homelessness • Marginalization • Food security and loss of agricultural income • Illness/Mortality • Loss of Common Property Resources • Social Disruption

  40. Due to the issue of misuse of the cash compensations most multinational institutions propose sustainable development projects as part of the resettlement action plans. For example,in Georgia, informal groups of young family members may try to force elderly to take their cash compensation. Same incidents occurred in Azerbaijan.

  41. In Turkey, number of elderly affected is very small.Informal groups is not a potential issue. Banking system is more developed. The cash compensation may be kept in the bank and earn interest.

  42. But overall BTC – Turkey focused only on cash compensation not in sustainable development projects.

  43. Risks Associated with Resettlement • Landlessness • Joblessness • Homelessness • Marginalization • Food security and loss of agricultural income • Illness/Mortality • Loss of Common Property Resources • Social Disruption

  44. Rural INCOMES in Georgia are very low! Therefore the project will have a huge adverse impact on the livelihoods of the households that are directly affected.

  45. In Georgia: • Average land size holding is very low (0.2 - 0.3 ha) • Average compensation is: $2,000 • Average annual household income is lower than $1500 • Banking system is not developed. It is not realistic to expect that impacted households will survive on US$2,000 for 3-4 years

  46. In Indonesia, most of the population work in agriculture and fisheries.Due to resettlement, affected population will lose their agricultural income.They will partially lose fisheries income due to the protected area. If BP hasn’t provided employment, these communities would have suffered.

  47. BTC Project puts a ban on fishing around the Ceyhan Terminal … We do not know the impacts yet.

  48. BTC project puts limitations on the use of the land close to the pipeline in three countries.This decrease the land value and income from land. BTC RAP does not cover the issue clearly.

  49. Risks Associated with Resettlement • Landlessness • Joblessness • Homelessness • Marginalization • Food security and loss of agricultural income • Illness/Mortality • Loss of Common Property Resources • Social Disruption

  50. HEALTH ISSUES Health related mitigation efforts have started 12 months before the project initiated in Indonesia, a geography with swamps and tropic climate. One of the proposed resettlement locations was a swamp. Therefore RAP had to analyze the health situation in detail.

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