Introduction

Draft Resettlement Policy Framework (RPF)

Rural Energy Access Project, Yemen

TABLE OF CONTENT

5LIST OF ACRONYMS AND ABBREVIATIONS

7Glossary

9Executive Summary

18Structure and Content of the Resettlement Policy Framework

19CHATER ONE: INTRODUCTION

1.1 20Project Brief Description

201.1.1 Connecting Rural Areas to the Grid (Service Territories)

211.1.2 Providing Areas with Off-Grid Systems

1.2 22Background on the Resettlement Policy Framework (RPF)

1.2.1 23Resettlement Policy Framework Objectives

1.3 24Brief Description of the Potential Loses Due to the Project Implementation

27CHATER TWO: LEGESLATIVE AND INSTITUTIONAL FRAMEWORK OF RESETTLEMENT

2.1 27Yemeni National Legislation and Policies:

282.1.1 Land Ownership

2.1.2 33Key Issues Related to Land Ownership in Yemen

2.1.3 34Land Acquisition Issues and Procedures

35a. Administrative Acquisition………

36b.Judicial Acquisition

36c. Amicable/ Mutually Agreed Acquisition…………..

2.2 39World Bank Safeguard Policies

2.3 39Discrepancies between Yemeni Regulations and World Bank Policies

2.4 42Key Institutions Related to Land Use

2.4.1 42General Organization of Lands, Survey and Urban Planning (GOLSUP)

2.4.2 43Office of Public Works and Roads (OPWR)

2.4.3 43Local Councils

2.4.4 44Local Resettlement Committees (LRC)

2.5 44Institutional Capacities

46CHATER THREE: PROJECT AFFETCED PERSONS (PAPs), ELEGIBILITY CRITERIA, COMPENSATION AND ASSETS VALUATION

3.1 46Who Are the Project Affected Persons?

473.1.1 Vulnerable groups

513.2 Eligibility Criteria

523.3 Methods of Valuation of Affected Assets and Compensation

3.3.1 52Asset Valuation

533.3.2 Compensation

533.4 Entitlement Matrix

54CHAPTER FOUR : RESSETLEMENT AND COMPENSATION PLANNING

544.1 RAP/ARP Preparation process

4.1.1 54Project Screening

544.1.2 Preparation of Socio-Economic Survey

4.1.3 55Preparation of Resettlement Action Plans (RAP)/ Abbreviated Resettlement Plan (ARP)

564.1.4 Project Appraisal and Approval

4.1.5 56Project Implementation

4.1.6 58Monitoring and Evaluation Process

4.2 61Budget and Sources of Funding RAP/ARP

70CHAPTER FIVE: IMPORTANT CONSIDERATIONS IN THE IMPLMENTAIOTN OF RAP/ARP

705.1 Measures to PAPs consultation and participation

725.2 Disclosure

725.3 Capacity Building Needs for the Implementation of RAP/ARP

74References

List of Tables

27Table 1: List of Yemeni Legislation Related to Land Acquisition

28Table 2: Laws Governing Private Property

29Table 3: Laws Governing State Property

30Table 4: Laws Governing Common Use Land

31Table 5: Laws Governing the Waqf / Endowed Land

31Table 6: Laws Governing Agriculture Land

32Table 7. : Laws Governing Neighborhood rights

33Table 8: Laws Governing the Rights of Squatters

40Table 9: Gaps Between Yemen Legislations and The World Bank OP 4.12

46Table 10: Possible Losses from Land Acquisition

49Table 11: Vulnerable Groups in the REAP context and proposed mitigation measures

51Table 12: Criteria for Eligibility (OP 4.12)

52Table 13: Replacement Cost for Tangible Assets

60Table 14: Verifiable Indicators for Monitoring and Evaluation Implementation of RAPs

63Table 15: Institutional Responsibilities during the screening phase

64Table 16: Institutional Responsibilities during the plan preparation phase

65Table 17: Institutional Responsibilities during the appraisal and approval phase

66Table 18: Institutional Responsibilities during the implementation phase

List of Figures

Figure 1: RAP/ARP Process during the Project Cycle64

Figure 2: PAPs Consultation and Participation in the RAP/ARP along the Project Cycle73

Annexes

Annex I

Project Details

Annex II

World Bank Operational Policy No. 4.12 and its Annex on Involuntary Resettlement Instruments

Annex III

List of Individuals/ Organisations Contacted

Annex IV

Entitlement Matrix for Affected People

Annex V

Resettlement Screening Guidelines

Annex VI

Guidelines for the Monitoring Process

LIST OF ACRONYMS AND ABBREVIATIONS

AP

Affected persons

ARP

Abbreviated Resettlement Plans

CAC

Cooperative and Agricultural Credit Bank

CDA

Community Development Association

CRC

Central Resettlement Committee

EC

Estimation Committee

EMFs

Electromagnetic Fields

ESIA

Environmental and Social Impact Assessment

GDI

Gender Development Index

FGD

Focus Group Discussion

GOLSUP

General Organization for Lands, Survey and Urban Planning

GoY

Government of Yemen

IR

Involuntary Resettlement

LPG

Liquefied Petroleum Gas

LRC

Local Resettlement Committee

MFIs

Microfinance Institutions

MEE

Ministry of Electricity and Energy

MoSAL

Ministry of Social Affairs and Labour

NGO

Non Governmental Organisation

NRES

National Rural Electrification Strategy

OGREDS

Off-Grid Renewable Energy Development Strategy and Action Plan

OP

Operation Policy

OPWR

Office of Public Works and Roads

PAP

Project Affected Persons

PRA

Participatory Rapid Appraisal

PRSP

Poverty Reduction Strategy Paper

RAP

Resettlement Action Plan

RE

Rural Electrification

REA

Rural Electrification Authority

REAP

Rural Energy Access Project

ROW

Right of Way

RPF

Resettlement Policy Framework

SFD

Social Fund for Development

SIA

Social Impact Assessment

WB

World Bank

Glossary

Abbreviated Resettlement Plan

Establish a baseline through the census of PAPs which will comprise socio-economic data, the inventory of assets lost, and 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 lass, 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 Resettlement (IR)

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

Involuntary 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 Person

Includes any people, households, firms or private institutions 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 ore temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement.

Public Involvement

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

Rehabilitation/

Resettlement

A term often used to describe the process of reestablishing 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 Action Plan (RAP)

A time-bound action plan with a budget, setting out resettlement strategy, objectives, options, entitlements, actions, approvals, 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 Groups

Distinct groups of people who might suffer disproportionately 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

Background and Project Brief:

Yemen has the lowest population access to electricity in the region, with little around 45% of the total population having access from the different sources of electric power. No more than 30% are connected to the grid. Of the country’s rural population, only about 20% of 14.4 million rural inhabitants have access to electricity. GoY recognized the fact that the absence of reliable electricity supply, particularly in rural areas, is a serious constraint to economic growth. Commitment to enhancing the rural electrification (RE) has been stated in the Power Sector Development Strategy Note, 2006 and the Draft Electricity Law. The National Rural Electrification Strategy (NRES) has the objective of the contribution to economic growth and social development of the rural sector in Yemen. NRES established a methodological and institutional framework that seeks to address many critical issues in RE development including appropriate policies and laws, political support, and financial issues. One of the key principles of the RE programme is the high importance given to community participation in the provision of the electric services. This includes decentralization efforts in order to ensure that local communities are engaged in the process of service delivery, operation and governance. The Ministry of Electricity and Energy (MEE) is committed to expanding the electric coverage to the maximum number possible of rural households with the lowest cost possible.

NRES has categorized Yemen RE into two main categories. 1) the expansion and connection of new rural areas to the national grid. 2) providing isolated rural communities with off-grid distribution systems provided with renewable energy generation sources. NRES has identified 27 service territories, in 12 governorates, for integration into the national grid. NRES has recommended implementing the identified projects in 3 phases, the first phase (including prioritized projects) includes 10 service territories, and the second phase includes 5 other service territories, while the third phase includes the remaining 12 service territories.

The Rural Electrification Access Project (REAP) aims to implement the electrification infrastructure, and the associated institutional set-up, in 12 of the prioritized service territories of the NRES: 10 service territories of NRES phase one and 2 of the service territories of NRES phase two projects, so that the 12 governorates covered by NRES will be covered by the REAP. The REAP interventions includes construction of transmission lines and 7 substations. The secondary equipment including transformers low voltage conductors and meters. This infrastructure is expected to serve 206,776 new consumers during the coming fifteen years. The areas to be served by the off-grid systems are the areas that do not meet NSER service territories criteria nor in the PEC extension plan. Household density and economic viability are the main criteria for the selection of villages for the off grid Systems.

The off-grid areas identified cover more than 2,299 villages in 56 districts located in 11 Governorates, in addition to 3,977 villages of less than 50 households. The off-grid systems will also cover a number of isolated public facilities including rural health centers, schools, mosques and military checkpoints. The use of solar energy as a sustainable primary source is recommended with possibility to use wind energy in areas that may have sufficient wind.

Resettlement Policy Framework (RPF) Definition, Objectives and Components:

RPF is prepared in accordance with World Bank guidelines as set out in their OP 4.12 and in compliance with Yemeni laws pertaining to involuntary resettlement and land acquisition. It is the instrument that should be employed should the issue of involuntary resettlement arise. It is required when the extent and location of involuntary resettlement cannot be known at the appraisal phase. It establishes resettlement objectives, principles, organizational arrangements, overall design of the resettlement program, and funding mechanisms for any resettlement operation that may be necessary during the project preparation and implementation phases. It includes in itself guidelines for the preparation of Resettlement Action Plans (RAPs) or Abbreviated Resettlement Plans (ARPs). It is not possible to start by preparing a RAP or ARP during the project appraisal because in this during, the exact impact of the project different components/activities is difficult to be determined or predicted. During project planning and when specific activities and zoning of the project become clearer, RAP/ARP consistent with RPF should be prepared and submitted for approval before the start in any physical implementation.

Out of understanding for the severe economic, social and environmental hardships that might result from involuntary resettlement accompanying development projects, the RPF aims at safeguarding the interests of the population impacted by the project and ensuring that Project Affected Persons (PAPs), especially the poor and vulnerable, get the compensation for their loss, offer them the resettlement measures, and help them to improve or restore their levels of living and income after the project. It sets down the policy and procedures for any land acquisition or restriction of access to assets, through expropriation in the public interest. RPF main objectives include:

· To avoid or minimize IR and land acquisition through design efforts

· If unavoidable, to execute resettlement and compensation activities as sustainable development programs, whereby sufficient investment resources are provided to give the displaced persons an opportunity to share in project benefits.

· To assist displaced persons in their efforts to improve their livelihoods and standards of living or at least to restore them to pre-displacement levels

The RPF should include a description of the process for preparing and approving resettlement plans, estimated population and categories displaced, eligibility criteria for defining various categories of displaced persons, a legal framework reviewing the fit between borrower laws and WB regulations, methods of valuing affected assets, organizational procedures for delivery of entitlements, a description of the implementation process, grievance redress mechanisms, funding arrangements, consultation and participation mechanisms and arrangements for internal and external monitoring.

Potential Loses Due to the Project Implementation:

The potential of affecting people’s assets (both physical and nonphysical) as a result of the implementation of REAP is perceived to be very unlikely. The findings of the ESIA also showed that, generally speaking, the implementation of REAP will very unlikely require expropriation of houses and other structures. There might be only very limited impact on restricting certain types of crops (Qat, coffee and fruits in general) in the right of way (ROW) that will be established for the transmission lines (this area in total for all the rural areas all over the country was estimated not to exceed 15 ha. Power line designers could choose power line routs around lands of restricted use, which further reduce possibilities of involuntary resettlement. Using the land in ROW for growing other crops is not an issue of concern. The establishment of the 7 substations will also require access to around 2000 m2 (0.2 ha) / substation (i.e. total of 1.4 ha) and this is normally established on state property land. In districts were most of the lands are privately owned, local rural residents either donate land or sell it to the project. There is also a potential impact on honey production and milk farms. However, ESIA recommended precautionary measures that will contribute in minimizing these impacts.

The RPF has been prepared in compliance with the legislations and policies of the GoY which regulate the involuntary resettlement issues. It is also prepared in accordance with the WB OP 4.12. The following section sheds the light on the relevant Yemeni laws and regulations regulating land tenure, land ownership and tenure types, land acquisition procedures. this will be followed by summarizing the WB OP 4.12.

RPF Legal framework

The legal framework of the RPF include the Yemeni legislations related to declaring land plots for public interest, expropriation and compensation; and the definition of rights of owners and use of communal property. The legal framework also includes the WB Op 4.12 on involuntary resettlement.

The key challenges related to land ownership in Yemen include the trend towards increasing private appropriation of communal land, the growing confusion over communal land entrusted to sheikhs and the land that they hold privately and the weakened effectiveness of the locally-based traditional systems for managing land-related conflicts because the interference of the central government. Sheikhs who might adjudicate land-related conflicts are no longer perceived as neutral arbitrators since they are the primary beneficiaries of land concentration and the ineffectiveness of the court system. Proof registration is required but 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.

The main relevant legislations and the issues they tackle are summarized in the table below

Public Ownership

Yemeni Constitution, Article 18 , 19

Civil Law, Articles 118, 119, 120

Private Property

Yemeni Constitution, Article 7 , 20

Civil Law, Articles 1154, 1159

Common Use of Land

Law no 21 of 1995 concerning land and real estate

The Republican Decree 170, 1996

Waqf/ Endowment Land

Waqf Law no 23 year 1992

The Republican Decree 99, 1996

Agriculture Land

Yemeni Constitution, Article 7, papra ( C)

Civil Law, Articles 761, 765, 770, 1159

Neighborhood Rights

Civil Law, Articles 1161, 1163, 1164

Squatters

Law no 21 of 1995 concerning land and real estate, Articles 58, 59

Land acquisition issues for the public interest

Law no 1 of 1995

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

The WB’s policy on involuntary resettlement and the compensation of affected persons is clearly spelled out under the Bank’s operational safeguard policy (OP) # 4.12. “For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen sub-projects to be financed by the Bank to ensure their consistency with [OP 4.12]. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this [OP 4.12]. The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs.”

Despite the fact that many of the Yemeni pieces of legislations comply with the World Bank safeguard Policy OP 4.12, some key discrepancies have been identified from the legislation review. This discrepancies are mainly in issues related to definition of affected Persons (APs), timing of paying compensation, compensation amount, squatters rights, resettlement options, resettlement assistance, defining vulnerable groups, PAPs consultations and grievances mechanisms. Measures are recommended by the RPF in order to ensure high consideration is paid to the WB OP4.12 in issues where gaps exist in the Yemeni legislations.

At the current stage no unique institution is in charge of the involuntary resettlement and compensation issues. It is dealt with through a number of institutions, namely, the General Organization of Lands, Survey and Urban Planning (GOLSUP), the Public works and Roads office and the Local Councils. In many cases the overlapping responsibilities and the bureaucratic procedures associated with the performance of these organizations lead to delayed responses to the PAPs in terms of paying their compensations and listen to their grievances. Local mechanisms in the form of Local resettlement Committees (LRCs) have been established in certain Governorates initiated by the local authorities. These local mechanisms are specifically tailored to deal with the involuntary resettlement problems, particularly for people with no formal legal rights. LRCs are successful replicable model that largely comply with the WB policy that encourage local communities participation in the resettlement process.

Project Affected Persons (PAPs), eligibility criteria, compensation and assets valuation

OP 4.12 defined PAPs as individuals who may be subjected to adverse economic, social, or cultural impacts by the WB’s assisted sub-projects. These impacts may constitute anything from the loss of physical assets such as land, farm lands, crops, commercial properties, homes, personal belongings, sources of income, and cultural / historical / religious sites, to non-physical assets such as social capital and cultural networks and activities. Impacts also include the loss of access to the physical and non-physical assets and the involuntary restriction of access to legally designated parks and protected areas.

At this stage, it is not possible to quantify the number of people who may be adversely affected under the REAP Project due to the geographic extent of the project, the uncertainty of the exact sub-project interventions and the available options and resulting choice of technologies. Efforts will be made to select the alternatives that will result on no negative impacts (e.g. establishing electricity substations on state property land). However, certain categories will likely be affected from the project operation. This include rural population who operate generators and provide the electricity service informally for number of the rural residents, fuel and gas stations owners and workers whose work will also be influenced, poor families with unstable houses structures, poor families and existing accountable NGOs and Cooperatives with good reputation who are currently working in the electricity service if they get excluded from managing the service in the future. The RPF and ESIA proposed mitigation measure to eliminate the negative impact on those groups.

All PAPs who suffer a complete or partial loss 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 OP4.12 specifically proposes three general categories for eligibility. Individuals who have formal legal rights to land (including customary and traditional rights recognized under the laws of Yemen) as well as who do not have formal legal rights to land, but have a claim to such land or assets (provided that such claims are recognized under Yemeni laws or become recognized through a process identified in the resettlement plan) are entitled to the following:

· Compensation for loss in land and assets at full replacement cost.

· In case of physical relocation, provide assistance during relocation (i.e. moving allowances) and residential housing and / or agricultural sites with productive and location advantages equivalent to the lost sites.

· Support after displacement, until livelihoods and standards of living are restored to pre-displacement levels.

· Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities

Individuals who have no recognizable legal right or claim to the land they are occupying (i.e. squatter settlements, disputed ownership) are entitled to resettlement assistance as appropriate (i.e. land, assets, cash, employment, etc.).

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 brining the asset to pre-displacement value. Replacement cost will differ depending on the type of asset. For intangible loses that can not 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. According to Law no 21 of 1995 concerning Land and Real Estate, Estimation Committee (EC), should be formed and be in charge of valuating compensation. The law stipulates that the estimation committee process 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 cast.

Compensation, which is a constitutional condition for lawful expropriation, 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. Compensation, which may come in the form of cash compensation, in-kind or assistance, depends on the type and severity of loss and eligibility of PAPs.

Resettlement and Compensation Planning (RAP/ARP Preparation process)

After defining the REAP activities, screening should be done to determine whether or not they will necessitate the involuntary resettlement of people within the determined project area. A qualified consultant shall provide written and visualized records and enumerate all economic, residential or other ownerships and uses of the land that would be affected, together with an estimate of the numbers of people affected by type of impact. An introductory meetings with communities including PAPs and vulnerable groups should be conducted in order to inform them about the project and to disseminate the prepared RPF.

Following the identification of the project component that may necessitate involuntary resettlement, a socio-economic study should be carried out by a social and involuntary resettlement consultant assisted by the Local community leaders to 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 regain their former quality of life or preferably are enabled to improve it. The gathered information should be used to determine the appropriate compensation and assistance for PAPs.

Projects that entail land acquisition or may result in the involuntary resettlement of people will require the preparation of a RAP or an ARP (in case less than 200 people will be displaced). The 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/ARP shall be disclosed to the PAPs for feedback and comments. The RPF, guided by OP 4.12 provide the key design criteria for the RAP/ARP. The prepared RAP/ARP, need to be reviewed by an appraisal committee from the project team and relevant local or central authorities and sent for final approval by the Bank.

The project implementation process involves a detailed survey of the project site to determine the scope of land acquisition and the impacts that the acquisition, demolition, and consequent displacement will have on the affected individuals, household, and communities. PAPs that have been determined to be eligible for compensation should be compensated prior to the project implementation, in accordance with the project’s RAP. 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. They will be formally informed through written or verbal notification delivered in the presence of at least one public official. LRC and project representatives 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. PAPs will sign a contract detailing the acquired land plots/affected structures and the corresponding types of compensation agreed upon. Compensation contracts signature and compensation payments shall be made in the presence of at least one public official from the village authorities.

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 grievances should be addressed to the previously proposed LRC or special committees might be formed as an independent mechanism for the purpose of receiving and responding to grievance. The committee should collect and review the grievances monthly in coordination with the CRC. Particular attention will be paid to vulnerable groups and proper documentation for all grievances and their resolution within timely manner to assist the monitoring process.

Grievance redress will be approached proactively through widespread disclosure of project background, clarification of eligibility criteria for assistance, establishing a committee of honorable and respected persons. A reactive approach include settling disputes amicably, making efforts to resolve disputes at the local level approach and involve the CRC and REA in solving disputes that cannot be solved at the local level. Efforts should be made to minimize the cases that are taken to the court in order to avoid long and tiring litigation.

Regular internal monitoring of the RAP implementation will be conducted by the implementing agencies (REA) assisted by PMU through regular progress reports and monthly reports prepared by the LRC and establishing monitoring database. Main indicators include the screening activities that have been carried out, payment of compensation to PAPs, delivery of technical assistance, public information dissemination and consultation procedures, grievance procedures, and responses and the priorities of PAPs regarding the options offered. The previously mentioned socio-economic survey can serve as a participatory tool for defining monitoring indicators. Other participatory rapid appraisals (PRA) tools like key informant interviews, focus group discussions, community public meetings, structured direct field observations, in-depth case studies of problems or success stories could also serve as monitoring tools. Quarterly internal monitoring reports should be prepared by REA with assistance from the PMU and submitted to the WB.

External monitoring by an independent monitoring agency hired by WB is also recommended to ensure that the overall objective of the resettlement plan is achieved in an equitable and transparent manner. This agency should start its work as soon as the updated RAP has been approved. It should evaluate the competence and effectiveness of the project implementing agencies (REA), adequacy of compensation, development and transitional assistance techniques provided to the PAPs, ability to reach the most vulnerable PAPs, consultation and public disclosure of the RAP, effectiveness of the grievance redresses mechanism.

Realistic cost estimates for the implementation of the RAP/ARP be prepared based on the data collected from the socioeconomic survey on the estimated number of PAPs that are likely to be affected and the quantity and types of affected assets. The consultant in charge of the RAP/ ARP preparation shall consider that the budget should be prepared according to actual replacement costs (at market value). REA should be responsible for any compensation for land acquisition as well as any other assistance or capacity building activities done as part of the RAP/ARP process. The contractors should be responsible for any compensation associated with any damage to assets during the construction phase. This should be clearly stated in the contracts.

The prepared RPF defined the institutional responsibilities of the different concerned institutions/entities on the implementation of the RAP/ARP along the project cycle starting with project screening, passing through RAP/ARP preparation, review, approval, implementation, ending with RAP/ARP final evaluation.

OP 4.12 community (PAPs) consultation and disclosure are key elements with very high importance. Public participation is also recognized by the Yemeni Constitution, Elections Law and Local Administration but without being institutionalized. PAPs participation throughout the various stages of planning and implementation of the RAP/ARP is seen as crucial for its success. Community participation helps identifying project predicted impacts and the affected individuals, households, and communities (especially the most vulnerable groups). It also engages PAPs and different community sectors including the poorest and most vulnerable. It promotes sense of ownership for the project and resettlement activities. It also mobilizes community resources to contribute and participate on the selection of project sites. Community participation allows for the collection of more accurate data, makes the delivery of entitlement and services more transparent, reduces the potential for conflicts and minimizes the risk of sub-project delays.

Capacity building is seen as a major and important guarantee for the efficient implementation of the RAP/ARP. The limitations of the Governmental institutions might pose a big challenge. As mentioned above many institutions already have a stake in the process. Other mechanisms/community models (e.g. LRC) either already exist or will be introduced in order to implement the RAP/ARP (LRCs). A comprehensive institutional assessment for these entities 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. Needs for Institutional support might emerge. Moreover, the lack of funds and other offices facilities are expected to appear as challenges. Coordination gaps might also appear as an issue that results in duplication of effort and consuming of time. Coordination mechanisms need to be established (e.g. CRC) to play the role of an umbrella for the LRCs and assist in coordination among different concerned organizations. Training on different relevant subjects is also essential. Training programmes are recommended to go into two main modules, namely, the legal part of the resettlement issue and community participation which is an essential part of all the phases of the RAP/ARP. It is recommended for the LRCs, community leaders, NGOs or Cooperative who might be engaged in the resettlement process to get in-depth focus on the second module as it will be highly linked to their practical application.

Structure and Content of the Resettlement Policy Framework

The Resettlement Policy Framework is organised in the following order:

Chapter 1: A brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a resettlement plan or an abbreviated plan cannot be prepared by project appraisal. Chapter 1 also illustrates what is meant by RPF, its development objectives, basis, and justification and a brief description for the potential occurrence of resettlement under the REAP.

Chapter 2: Presents a legal framework that reviews the fit between Yemeni laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them. It also provides a brief about the World Bank OP 4.12 of IR. The chapter also presents the main discrepancies between the Yemeni legislations and the WB resettlement policy. It also highlights the key Yemeni institutions related to land acquisition

Chapter 3: Defines PAPs and present the eligibility criteria in order for them to benefit from assistance on the light of the OP 4.12. It also presents the valuation methods for the affected assets and the compensation that should be provided according to the type of the affected asset. It also presents the entitlement matrix which may help as a generic tool for the analysis of the potential loses for projects and the respective entitlement benefits of the PAPs.

Chapter4: Provides a description of the process for preparing and approving resettlement plans (RAP/ARP). It integrates the resettlement plan along the project cycle. The chapter sheds the light on preparing the socio-economic survey to consult PAPs before approving the RAP/ARP, setting grievance mechanisms and monitoring the RAP implementation both internally and externally. The chapter concludes with presenting the institutional responsibilities to implement the mentioned procedures required for the completion of the RAP/ARP.

Chapter 5: Sheds the light on key issues related to the implementation of successful RAP/ARP, namely PAPs participation and capacity building of the concerned institutions.

CHATER ONE: INTRODUCTION

Yemen has the lowest population access to electricity in the region, with little around 45% of the total population having access from the different sources of electric power. No more than 30% are connected to the grid. Of the country’s rural population, only about 20% of 14.4 million rural inhabitants have access to electricity; this compares unfavorably with 85% of the urban population that has access. For cooking purposes, less than 50% of the rural poor households have access to LPG.

GoY recognized the fact that the absence of reliable electricity supply, particularly in rural areas, is a serious constraint to economic growth and to the achievement of the Government of Yemen’s (GOY) poverty alleviation objectives. The Poverty Reduction Strategy Paper (PRSP), also exemplified the rural electrification goals by increasing the coverage to 22.2% of all rural population by expanding electricity supply and selecting the most suitable alternative power sources including new and renewable energy, such as solar and wind energy by 2005. Commitment to enhancing the rural electrification (RE) has been stated in the Power Sector Development Strategy Note, 2006 and the Draft Electricity Law which stated the establishment of the Rural Electricity Authority (REA) to be the in charge of all the financial, administrative and legal issues related to rural electricity under the supervision of the Ministry of Electricity and Energy (MEE). .

The highlighted importance of investing in the RE sector raised the need for the preparation of a comprehensive strategy that adapts a new service delivery model in order to ensure that the developments underway are designed in a sustainable manner.

The National Rural Electrification Strategy (NRES) has the objective of the contribution to economic growth and social development of the rural sector in Yemen based upon the successful case studies of similar programmes in other countries. NRES established a methodological and institutional framework that seeks to address many critical issues in RE development including appropriate policies and laws, political support, and financial issues. Some key principles have been identified, including, but is not limited to, establishing a new independent Rural Electrification Agency (REA), ensuring programme sustainability through setting tariffs in order to meet service costs and deliver off-grid renewable energy option to the communities where grid connections are not viable. One of the key principles of the RE programme is the high importance given to community participation in the provision of the electric services. This principle was proved to be one of the key aspects for success and sustainability for rural electrification projects in many of the world countries. Community participation component include decentralization efforts in order to ensure that local communities are engaged in the process of service delivery, operation and governance. This will be achieved through encouraging some innovative models like the rural electric cooperatives in the service territories where the idea is viable. Other alternative models will also be considered in places where the cooperatives are not welcomed by community.

The implementation of the NRES, particularly with the consideration of the unique topographic and population pattern of Yemen means that a long term process is needed in order for the NRES to mature. The Ministry of Electricity and Energy (MEE) is committed to expanding the electric coverage to the maximum number possible of rural households with the lowest cost possible. NRES considers the objective of doubling the number of rural beneficiaries from electricity from the current level of around 3.3 million rural inhabitants to over 6.5 million rural inhabitants with physical implementation expected to take around 10 years.

To achieve the optimistic objectives, MEE has identified service territories in order to provided the service in a decenteralised manner, ensure community participation in the delivery of the service and attain financial sustainability. The first phase of the NRES will include development of 12 service territories and will require significant construction works to interconnect the isolated systems to the national grid as will be explained in more details. It will also involve several institutional interventions including the development and institutional strengthening of REA as well as the different service providers entities (Cooperatives idea is generally encouraged)

1.1. Project Brief Description

1. 1. 1 Connecting Rural Areas to the Grid (Service Territories)

The NRES has categorized Rural Electrification in Yemen into two main categories. The first is expansion and connection of new rural areas to the national grid, and the second is providing isolated rural communities with off-grid distribution systems provided with renewable energy generation sources. The distinction between the two modes of services has been based upon the feasibility for connecting a certain rural settlement to the national grid, where a threshold limit figure of $ 1,000/costomer for construction costs of the distribution system. REAP will include implementation of both the categories defined by the NRES and the Off-Grid Renewable Energy Development Strategy and Action Plan (OGREDS).

The NRES has identified 27 service territories, in 12 of the Yemeni governorates, for rural electric expansion and integration into the national grid. The remaining 9 governorates are either considered of an urbanized nature, such as Sana’a City and Aden, or characterized by a dramatically dispersed settlement patterns, such as Al Mahra and Shabwa. The Geographic Information System (GIS) helped in identifying the service territories according to the following criteria:

· The service territory should interconnect existing rural electric systems to achieve a minimum of 10,000 but no more than 40,000 consumers

· The service territory should allow for immediate expansion to connect rural communities within a buffer of approximately ten kilometers

· The goal of the newly established service territory should be to consolidate isolated distribution system through interconnection, and to either provide power though interconnection to the national transmission system, or to consolidate power generation in a single, larger power plant

· Where possible, no more than four service territories should be created per governorate, unless the above criteria cannot be satisfied

Because the construction of the 27 service territories could not be finalized in one phase due to the large investment requirements and efforts to be made, the NRES has prioritized these service territories according to a criteria based upon:

· Economic efficiency as projects with the lowest required subsidy and lowest cost per consumer were prioritized

· Geographic balance so that no more than one project per governorate has been included in the priority list

According to the above criteria the NRES has recommended implementing the identified projects in 3 phases, the first phase (including prioritized projects) includes 10 service territories, and the second phase includes 5 other service territories, while the third phase includes the remaining 12 service territories.

The REAP is aiming to implement the electrification infrastructure, and the associated institutional set-up, in 12 of the prioritized service territories of the NRES: 10 service territories of NRES phase one and 2 of the service territories of NRES phase two projects, so that the 12 governorates covered by NRES will be covered by the REAP. The REAP interventions includes construction of about 96 km 33 KV transmission line, 2,569 km of 11 KV lines, 7 substations (33/11 type of 5 MVA) and secondary equipment including transformers low voltage conductors and meters. This infrastructure is expected to serve 206,776 new consumers during the coming fifteen years. More Details are included in Annex I.

1.1.2. Providing Areas with Off-Grid Systems

The areas which have been included in the OGREDS are the areas that do not meet NSER service territories criteria nor in the PEC extension plan. The OGREDS has also set screening criteria for selecting rural settlements to be prioritized. This included giving higher priority to the household densities (higher number of households) so as they will be more economically viable, the villages with higher ability to pay for energy services (using the poverty index).

The off-grid areas identified by the OGREDS according to the above criteria cover more than 2,299 villages in 56 districts located in 11 Governorates, as illustrated in Annex I in addition to 3,977 villages of less than 50 households. In addition to households, the off-grid systems will also cover a number of isolated public facilities including rural health centers, schools, mosques and military checkpoints.

The OGREDS has recommended the use of solar energy as a sustainable primary source, because of solar radiation is sufficient all over the county, with possibility to use wind energy in areas that may have sufficient wind, such as coastal areas, pending more accurate wind measurements during the first stages of the project. Namely three power systems have been recommended, including Solar Lamp (SL), Solar Home Systems (SHS) and Wind Hybrid Systems (WHS). More details bout the power systems are included in Annex I

For off-grid power supply for public facilities such as health centers, schools, mosques and military checkpoints the SHS will not be sufficient to meet their power demand, therefore different PV arrays will be used as illustrated in more details in Annex I

1.2. Background on the Resettlement Policy Framework (RPF)

It is a widely accepted fact that if left unmitigated, involuntary resettlement (IR) as a result of development projects may produce economic, social and environmental risks. A Resettlement Policy Framework (RPF) is required when the extent and location of resettlement cannot be known at the appraisal phase. RPF is prepared in accordance with World Bank guidelines as set out in their OP 4.12 (attached in Annex II) and in compliance with Yemeni laws pertaining to resettlement and land acquisition in order to be the instrument that is employed should the issue of resettlement arise. Its purpose 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 project preparation and implementation phases. The RPF may be triggered whenever a project activity entails the involuntary acquisition of land and / or the displacement of people. When the exact extent of land acquisition becomes known during the implementation phase, site specific Resettlement Action Plans (RAPs) or Abbreviated Resettlement Plans (ARPs) will be prepared, depending on the scale and severity of impacts. The resettlement process should be finalized prior to the commencement of any physical works. It is not possible to start by preparing a RAP or ARP during the project appraisal because in this during, the exact impact of the project different components/activities is difficult to be determined or predicted. RPF is then the appropriate tool that the PMU submits, prior to appraisal. It includes in itself guidelines for the preparation of RAP/ARP. It also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs. During project planning and when specific activities and zoning of the project become clearer, RAP/ARP consistent with RPF should be prepared and submitted for approval before the start in any physical implementation. This is very unlikely to be needed for the REAP.

RPF in consistence with the WB OP 4.12, should include some key elements. It should start with a brief description of the project and components for which land acquisition and resettlement are required. It also should spell out the principles and objectives governing resettlement preparation and implementation and provide a description of the process for preparing and approving resettlement plans. To the extent feasible, estimated population displacement and likely categories of displaced persons should be included. RPF should also include eligibility criteria for defining various categories of displaced persons, a legal framework reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them. Methods of valuing affected assets should also be established and organizational procedures for delivery of entitlements should be explained. RPF should include a description of the implementation process, a description of grievance redress mechanisms, a description of the arrangements for funding resettlement. Community participation is a key consideration that the RPF should pay attention to. Thus it should include  a description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and arrangements for monitoring by the implementing agency and, if required, by independent monitors.

1.2.1 Resettlement Policy Framework Objectives

As referred to above, involuntary resettlement arising from projects often gives rise to severe economic, social and environmental hardships. The hardships stem from the following reasons among others:

a) Disruption of production and income generating systems,

b) Affected persons' skills being rendered inapplicable in new environments,

c) Weakening of community and social fabric and networks,

d) Dispersion of kin groups, and

e) Loss of cultural identity and traditional authority

The target of the RPF is to ensure that Project Affected Persons (PAPs) get the compensation for their loss, offer them the resettlement measures, and help them to improve or at least restore their levels of living and income after the project impact. It is intended to safeguard the interests of the population impacted by the project, especially the poor and vulnerable. OP 4.12 of the World Bank aims to ensure that throughout the project life, it fully complies with the principle that any involuntary loss of assets or relocation of economic activities or residence, are minimized and fully compensated, and that adequate procedures exists for prior consultation of all affected persons, assessment of losses and entitlements, handling complaints and disputes, and monitoring the outcomes. In particular it provides that the outcomes conform to the principles of full and prior compensation for any lost assets and full restoration of standards of living that are directly and adversely affected. The policy also applies to those who lack legal or formal ownership of affected assets and are entitled to fair compensation and all other forms of assistance (housing, social services etc.).

This document sets down the policy and procedures for any land acquisition or restriction of access to assets, through expropriation in the public interest. It applies to private and communal lands or properties affected throughout the REAP. It defines how the government of Yemen (REA) deals with identification, mitigation and compensate any adverse impacts on the assets and livelihoods of the affected people by expropriations together with the governing laws to safeguard the interest of the population impacted by the project, especially the poor and vulnerable.

RPF main objectives include:

· To avoid or minimize (whenever possible) IR and land acquisition through design efforts.

· If IR and land acquisition are unavoidable, to execute resettlement and compensation activities as sustainable development programs, whereby sufficient investment resources are provided to give the displaced persons an opportunity to share in project benefits. Displaced and compensated persons shall be meaningfully consulted and given opportunities to participate in planning and implementing resettlement plans.

· To assist displaced persons in their efforts to improve their livelihoods and standards of living or at least to restore them to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

The RPF should include:

· Screening project activities to determine whether or not they will necessitate the involuntary resettlement of people within the determined project area (e.g. cadastral information, other information on ownership, existing structures and uses of land that would be directly affected by the works)

· A description of the process for preparing and approving resettlement plans

· Estimated population displacement and likely categories of displaced persons, to the extent feasible;

· Eligibility criteria for defining various categories of displaced persons;

· A legal framework reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them;

· Methods of valuing affected assets;

· Organizational procedures for delivery of entitlements, including, for projects involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer;

· A description of the implementation process, linking resettlement implementation to civil works;

· A description of grievance redress mechanisms;

· A description of the arrangements for funding resettlement, including the preparation and review of cost estimates, the flow of funds, and contingency arrangements;

· A description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and

· Arrangements for monitoring by the implementing agency and, if required, by independent monitors.

1.3 Brief Description of the Potential Loses Due to the Project Implementation

The potential of affecting people’s assets (both physical and nonphysical) as a result of the implementation of REAP is perceived to be very unlikely. The stakeholders consultation that has been undertaken as part of the preparation of the project Environmental and Social Impact Assessment (ESIA) included some investigations on potential resettlement issues (List of individuals/organizations contacted is attached in Annex III). The findings of the ESIA also showed that, generally speaking, the implementation of REAP will very unlikely require expropriation of houses and other structures. There might be only very limited impact on restricting certain types of crops in the right of way (ROW) that will be established for the transmission lines.

The following are the key findings related to the Need for Land Acquisition:

it is predicted that the physical installation of substations and transformers (transmission towers) and the establishment of the ROW in the grid component will require access to certain amount of lands as will be explained in more details below. During the construction phase, temporary land acquisition may also occur in association with the construction camps and for storing equipment.

The requirement of the 12 meters ROW along high voltage power lines above as implied by the Electricity Law is not applicable for distribution lines that shall be constructed under the REAP. However, certain limitations on certain land uses under the line should be considered due to the possible effects of electromagnetic fields (EMFs) of the line. Therefore a certain area under the line will be kept as a buffer zone for maintaining the public safety from electric hazards and high exposure to EMFs. The limitations on land uses in this area include preventing buildings and plantation of trees. The width of this strip is not identified by the law, however, the NRES Phase III report recommended keeping ROW strip of 10 meters (30'), 5 meters from each side of the line, for limitations on trees plantation. Location of power lines will be most convenient on sides of existing rural roads to facilitate access to these lines for construction and maintenance. Power lines located besides rural roads will cause little limitations on land use because the 10-meter strip will intersect with the road buffer zone and the reaming area of the strip, if any is left, will be very narrow strip that is usually not suitable for development, especially in the rocky zones of the highlands. Therefore the land use limitations for power lines along roads are not expected to be an issue of concern.

The ROW zone should be free from tall trees in order to maintain the safety of the line; therefore there will be a limitation on agriculture crops that are cultivated by tree plantation. This limitation will most probably include some of the most common crops of the country including Qat, coffee and fruits in general. According to the estimates calculated by the ESIA and assuming that the restricted crops occupy about 18% of the total cultivated lands on the average, the areas of land that may be located within fruits or Qat field could be estimated by 15 ha, as illustrated in Annex I. Because areas ownership by individuals is limited in most cases areas of restricted crops will not be collectively large and that power line designers could choose power line routs around lands of restricted use, which further reduce possibilities of involuntary resettlement.

Other than power lines, the need for involuntary physical resettlement and land acquisition related to substations and transformers are much lower, considering that only 7 substations will be constructed in the 12 service territories with average area around 2000 m2 (0.2 ha) / substation. The interviewed stakeholders including the interviews with MEE stressed the fact that efforts will be made to avoid setting any of the projects components (substations and transformers) on citizens owned land, in the first place. The stakeholders consultations showed that in certain districts Government land property are available and involuntary resettlement will be unlikely. However, in other districts stakeholders mentioned that most of the lands are privately owned. According to local rural residents' previous experiences in similar cases, land donation is a quite common community contribution in public good projects that is widely appreciated and is believed to strength the social prestige. In other cases, people were compensated for their land, shelter, existing commercial, business enterprises or other public or private structures through an estimation committee (EC) that was formed and consulted the project affected persons (PAPs).

In the meetings that were conducted in Mudiyah- Abyan, stakeholders showed that their previous experience in the establishment of different community services like hospitals, post offices, communication centres and roads projects suggests that apart from the well off land owners who were willing to donate land, affected people were consulted through an EC established for this purpose. This ends up by either donating the required land or selling it to the project or exchanging it with alternative equal land plots.

The ESIA also studied a potential impact on honey production through the impact of EMF of power lines on bees and also a potential impact on milk farm in case of implementing the Single-Wire Earth-Return system. Because it is believed that cows are more sensitive to earth return currents and associated touch potential than humans, and accordingly the milk production at these dairy farms could be affected. However, ESIA recommended precautionary measures that will contribute in minimizing these impacts.

It is quite difficult to estimate the number of people whose lands might be affected by the project components both by being restricted from growing certain crops or by acquiring land for the substations. However, and due to the fact that both the components require access to limited amount of land and also because other alternatives are still available for people (e.g. growing alternative croups), the estimated population who is expected to be negatively affected is perceived to be very low.

CHATER TWO: LEGESLATIVE AND INSTITUTIONAL FRAMEWORK OF INVOLUNTARY RESETTLEMENT

The RPF has been prepared in compliance with the legislations and policies of the GoY which regulate the involuntary resettlement issues. It is also prepared in accordance with the WB OP 4.12. The following section sheds the light on the relevant Yemeni laws and regulations regulating land tenure, land ownership and tenure types, land acquisition procedures. this will be followed by summarizing the WB OP 4.12.

2.1. Yemeni National Legislation and Policies:

The conditions and provisions for declaring land plots for public interest, the provisions for expropriation and compensation; and the definition of rights of owners and use of communal property are existent in the Yemeni Legislations. However, there are weaknesses in the judicial system and a prevalence of customary law and enforcement of Islamic Shari’ah law as given in Article 1 of the Civil Law: “Islamic Shari'ah Law shall be forced on all transactions and issues of which the texts are defined lexically and meaning wise”. In the absence of the precise definition in the Civil Law the matter shall be resorted to the principles of the Islamic Shari'ah from which the Civil Law is drawn. In the absence of the latter the judge shall pass his judgment in accordance with conventional (Traditional) legislations. In the absence of the conventional legislations the judge may resort to the justice based on the principles of the Islamic Shari'ah. The conventional (traditional) legislations shall be conditioned in that it shall be general and fixed and does not contradict public obedience. it is necessary that the RPF take the social context into account and adapt it to local conditions.

The following list in Table 1 is a guide that shows the key subjects related to land property and land acquisition and the main pieces of Yemeni legislations that deal with them

Table 1: List of Yemeni Legislation Related to Land Acquisition

Public Ownership

Yemeni Constitution, Article 18 , 19

Civil Law, Articles 118, 119, 120

Private Property

Yemeni Constitution, Article 7 , 20

Civil Law, Articles 1154, 1159

Common Use of Land

Law no 21 of 1995 concerning land and real estate

The Republican Decree 170, 1996

Waqf/ Endowment Land

Waqf Law no 23 year 1992

The Republican Decree 99, 1996

Agriculture Land

Yemeni Constitution, Article 7, papra ( C)

Civil Law, Articles 761, 765, 770, 1159

Neighborhood Rights

Civil Law, Articles 1161, 1163, 1164

Squatters

Law no 21 of 1995 concerning land and real estate, Articles 58, 59

Land acquisition issues for the public interest

Law no 1 of 1995

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

2.1.1. Land Ownership

Land ownership is based on principles of Islamic law and has main categories: 1)privately owned (mulk), 2) state-owned (referred to as mîrî historically), 3)communal property, 4) land endowed to a religious trust (waqf), 5) Agriculture land, and 6) Other Types of Land (barren land, desert land, white land, Marafeq Amaa)

2.1.1.1 Privately Owned Land

Private land is subject to Shari’a law which ensures that the direct descendents inherit of the owner, and falling that the indirect descendents inherit the estate upon the owner’s death.

It is administered under customary law and is documented by a written deed or contract, usually signed by a religious authority or a shaykh who is also charged with updating records (e.g., inheritance changes). The effectiveness of locally-based traditional systems for managing land-related conflicts are weakened because the central government, a higher authority, may intervene. Second, local shaykhs who might adjudicate land-related conflicts are no longer perceived as neutral arbitrators since they are the primary beneficiaries of land concentration. The court system is also ineffective and overburdened with adjudicating land conflicts.

Table 2: Laws Governing Private Property

Constitution

Public appropriation of property is forbidden. Private appropriation is unlawful without judicial decision

Article 20

Paragraph (c) of Article 7 of the Constitution of the Republic of Yemen states that: “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.”

Article 7

Civil Law

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 1159

states that: “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.”

Article 1154

2.1.1.2. State–Owned or Government Land (Miri)

Government land 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.

Government land is a 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. Urban land records are kept in the Ministry of Finance, Department of Public Domain, and the land is administered by the Ministry of Public Works and Highways and in rural areas by tribal areas by tribal or village leaders.

Public Property was 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.

Table 3: Laws Governing State Property

Constitution

Public property and assets have certain inviolability, which should be protected and safeguards 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 19

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.

Article 18

Civil Law

Public Property is 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 118

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 119

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.

Article 120

2.1.1.3. Communal Land

There is a trend towards increasing private appropriation of communal land. Customary law entrusts shaykhs with the management of communal lands, primarily used for grazing and firewood collectionbut in recent years, as land speculation has increased (especially in areas close to towns), lack of clarity started to be an issue in some cases between what is communal land and what is private land. Any land acquisition activities under the project should therefore carefully examine this issueand make careful determinations about the status of land.

Table 4: Laws Governing Common Use Land

Republican Decree

defines it considered 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.

no. (170) of 1996 concerning law no. 21 of 1995 of Lands and Real Estate

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 make the following definition:

“Common-Use Land are considered to be fully and completely owned by the State”.

Law no. 21 of 1995

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 43

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 44

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.

Article 46

“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.

Articles 163 – 165 of the Republican Decree No. 170 - 1996 (the executive bylaw of the Law concerning State owned land and properties No. 21)

2.1.1.4. 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

Table 5: Laws Governing the Waqf / Endowed 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

2.1.1.5 Agricultural Land

Actual cultivated lands or lands that are prepared for cultivation.

Table 6: Laws Governing Agriculture 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

Defined the term plantation

Article 765

Defined the term farming

Article 770

Defined irrigation

2.1.1.6. Other Types of Land

1. Barren Lands

Open left lands or lands that are deserted.

2. Desert Lands

Sandy lands, or lands that are covered with a sandy layer.

3. White Land

These are the 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.

4. Al – Murafeq Al – Amma

This consists of 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.

2.1.1.7. Neighborhood Rights

Yemen Civil Law spelled certain articles in order to regulate the neighborhood rights as follow:

Table 7. : Laws Governing Neighborhood rights

Article (1161):

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.

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."

2.1.1.8. Laws Governing Squatters

Table 8: Laws Governing the Rights of Squatters

Law no.21 of 1995

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 he/she was intending to implement this objective as much as possible ,and it shall be formed a Technical Committee 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 .

2.1.2 Key Issues Related to Land Ownership in Yemen

· There is trend toward increasing private appropriation of communal land.

· The customary law of the Yemeni tribes, religion, communal and customary norms do recognises the importance of avoiding harms and damages to the property. It facilitates for actions in order to improve resettlement implementation.

· Customary law entrusts sheikhs with the management communal lands, primarily used for grazing and firewood collection.

· There is growing confusion over communal land and the privately owned land which result in lack of clarity and conflicts.

· 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.

2.1.3 Land Acquisition Issues and Procedures

Law N0. (1) of 1995 regulates Land Acquisition for the Public Interest. It specifies the following as state lands:

· Lands and Estates where ownership belongs to the state ;

· Lands and Estates that prove to be owned by the state according to document, deeds, or any other legal justification,

· Barren Lands, forests and jungles if they are not a permanent property of an individual,

· Coast and their natural protected boundaries and semi depopulated islands,

· Lands and Estates that are not owned by an individual, and has no inheritors according the principles jurisdictions of the Sharai'ah Law,

· Any lands that are considered according to the jurisdictions of the existing laws a State property.

This Law aims at locating and identifying State Lands and Estates, and to 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.

According to Article (1) of this law: Land Acquisition for the Public Interest ministries, authorities and general intuitions 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 the following works:

a. Vital Projects that have no other alternatives as far as location is concerned , such as :

· Water sanitation installations, sites of mineral, oil, and gas resources, airports, harbors, dams and irrigation and water supply projects.

· Shelters, trenches and access and all types of installations required by security and defense.

b. Vital Projects which have other alternatives as far as location is concerned , such as

· Mosques, cemeteries/graveyards, schools, institutes, universities, hospitals, military camps/barracks, Police stations, Slaughter house, orphanage, roads and markets.

· Industrial zones, agricultural installations, electricity projects, communications and postal services.

· 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.

According to Article (3) the act of acquisition in general can either be administrative or amicable in the event of conflict disagreement the matter is then reverted to court. 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.

2.1.3.1 Types of Land Acquisition Procedure

Three main types of acquisition procedures described in Law no. 1, 1995 concerning land acquisition for general benefits.

a. Administrative Acquisition

b. Judicial Acquisition

c. Mutual Acquisition.

a. 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.

b. 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