News and Events

Working to Harmonize Region's Standards on Involuntary Resettlement

Infrastructure projects are not only essential for development, but also for economic growth and poverty reduction, which is ADB's prime objective. Yet such projects often involve land acquisition and imposition of rights-of-way that can result in the displacement of people-often the poor-from their homes, income sources, and social support networks.

While every attempt is made to avoid and minimize disruption, some involuntary resettlement may still be unavoidable in the course of development. To minimize the impacts on people who might be displaced and ensure that their lives are restored, or improved for the better, ADB is strengthening its capacity to enforce safeguard requirements in order to maintain the highest standards of development assistance.

ADB recently completed a review of its 1995 Involuntary Resettlement Policy, confirming the importance of mitigating the effects of displacement. In addition, ADB has conducted two regional technical assistance (RETA) projects on Involuntary Resettlement Policy Enhancement.

• RETA 5781, which started in 1998, reviewed resettlement policy and practices in seven countries. It launched a regional initiative to bridge policy gaps on involuntary resettlement between developing member countries' laws and regulations and the ADB Policy on Involuntary Resettlement.
• RETA 5935 for National Resettlement Policy Enhancement and Capacity Building in 2000 is designed to help six national governments formulate a comprehensive policy on involuntary resettlement.

"Each of ADB's developing member countries has a unique tradition, and their own arrangements and capacities for addressing poverty reduction and enhancing social safeguards," ADB President Tadao Chino, said in a speech to a recent workshop at ADB Headquarters on the latest RETA. "Yet there are significant opportunities to work together to achieve shared objectives, and to learn from each other's strengths and experiences. This regional technical assistance presents an opportunity to focus on the big picture, to share experiences, and to formulate ideas about long-term strategies."

Maninder Gill, Coordinator of the Resettlement Thematic Group in the World Bank complimented ADB for its lead role in this regional activity.

"In terms of new challenges there is absolutely no alternative to what ADB has taken the lead in doing to organize a workshop of this type, not just for the sake of a workshop, but to spearhead the process of establishing national policies," he said.

The ultimate goal of development assistance is for each country to be able to address its own sustainable development agenda, Myoung-Ho Shin, ADB Vice-President (Operations 1), told the workshop. "In many cases, compensation is based on land acquisition laws that do not meet ADB's standards with respect to replacement costs for lost assets, rehabilitation for the non-titled, protection of poor and vulnerable groups, consultation, and disclosure of compensation and rehabilitation measures," he said.

ADB's work on establishing a uniform framework for good resettlement practices would speed up projects, reducing costly delays in implementation, Mr. Shin added. "A climate would be created in which resettlement can be addressed early, and risks can be better managed."

The workshop spotlighted the progress achieved by the RETA teams working in the six countries:

• Cambodia has drafted a National Resettlement Action Plan, recommending promulgation of a national resettlement policy in line with good international practice. It recommends a participative approach to resettlement planning, which particularly takes account of vulnerable groups, including the non-titled. A national Resettlement Policy has been prepared for consideration, recommending development of an appropriate regulatory framework and guidelines, together with institutional arrangements, including establishing a regulatory body.

• In the People's Republic of China the RETA produced a report on the legal framework for involuntary resettlement which has provided insights into the legal rights of people affected involuntarily under the current legal arrangements, finding gaps in addressing such rights. It also reviewed the prospects for reducing risks of impoverishment resulting from involuntary displacement in rural areas. A third report presents comprehensive planning and implementation guidelines, with suggestions for capacity building. A preliminary draft Land Acquisition Law has been prepared for consideration.

  

• In Indonesia, the National Land Agency has supported the development of academic and legal drafts of a new Law on Land Acquisition. There will be further consultation as this draft Law moves forward for consideration by the House of Representatives.

• In Nepal, a policy framework for land acquisition, resettlement, and rehabilitation has been prepared, setting out key policy principles. There have also been revisions to the 1977 Land Acquisition Act that help to clarify and guard the rights of people displaced. Other outputs include draft regulations and guidelines to facilitate the implementation of the amended Act, and a proposal for building capacity for proper implementation of policies and legal provisions.

• In Pakistan, the RETA team has prepared a draft National Policy that defines the principles that would apply nationwide to involuntary resettlement, including measures to minimize resettlement effects, fair and just compensation at replacement costs, relocation arrangements, and local participation and consultation. The team has also prepared a Project Implementation and Resettlement Affected Persons Ordinance.

• In the Philippines, the RETA team has proposed setting a national standard for involuntary resettlement that ensures that people affected involuntarily have the legal guarantees to enable them to improve or at least to maintain their economic and social base. Work has included the formulation of a comprehensive national policy framework, the preparation of a draft Executive Order, and related regulations and guidelines.

In addition, ADB-through loans and technical assistance-has conducted country-specific work on involuntary resettlement policy and legal frameworks, in several of its developing member countries, including Bangladesh, India, Lao People's Democratic Republic, and Viet Nam, and progress on this was also presented at the workshop.

In particular, through an ADB technical assistance project, Sri Lanka has achieved a major milestone in Cabinet approval of a National Policy on Involuntary Resettlement. Under the technical assistance, a team of consultants reviewed the relevant existing legislation and identified gaps on national involuntary resettlement experiences. From this work, they developed the National Involuntary Resettlement Policy - NIRP, which after much public and government consultation, was approved in May 2001. A new ADB technical assistance will help in the institutional strengthening of the NIRP.

"The workshop gave us a unique opportunity to review the work in progress, and to assess the extent to which we still have gaps between the national standards that are being proposed compared with international good practice," said Susanna Price, ADB Senior Social Development Specialist.

While much has been accomplished, "there is clearly much work to be done in the future to ensure that these standards are in place and are working effectively," said Akira Seki, Director General of the Regional and Sustainable Development Department. "We at ADB stand ready to assist," he added.

Mr. Chino told the workshop that a critical point had been reached. "In each country, there has been a process of reflecting upon past experiences at the project level, and reviewing the policy, legal and regulatory frameworks, and the supportive institutional structures. We now need to look forward to the next steps for putting in place essential safeguards. We need to reflect on how we can best assist ADB's developing member countries…to bring their national resettlement standards forward."

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Learn more about the Regional Workshop on National Resettlement Policy Enhancement and Capacity Building

Visit our Involuntary resettlement site