SUBMITTED TO:
Republic of Yemen
Ministry of Electricity and Energy
EcoConServ Environmental Solutions
12 El Saleh Ayoub, Zamalek,
Cairo, Egypt 11211
Tel: + 20 2 27359078 – 2736 4818
Fax: + 20 2 2736 5397
E-mail: genena@ecoconserv.com
URL: http://www.ecoconserv.com
JET for Engineering & Trading
Riyad (Hayil) Street, Al-Ghail Building 1st
Floor, Suite no. 1, Sana’a,
Republic of Yemen, P.O. Box 2379
Tel.: + 967 1 212 567
Fax: + 967 1 211 097
E-mail: jetyemen@yahoo.com
URL: http://www.geocities.com/jetyemen
Al Mokha 60 MW Wind Farm
Project (MWFP)
Republic of Yemen
RESETTLEMENT
POLICY FRAMEWORK
May 8, 2011
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
TABLE OF CONTENTS
LIST OF TABLES................................................................................................................... 3
LIST OF FIGURES................................................................................................................. 3
LIST OF BOXES ..................................................................................................................... 4
LIST OF ABBREVIATIONS ................................................................................................. 5
GLOSSARY ............................................................................................................................. 6
EXECUTIVE SUMMARY ..................................................................................................... 8
CHAPTER ONE: PROJECT SPECIFIC INFORMATION............................................. 12
1.1 Al Mokha Wind Farm 60 MW Project (MWFP) ..................................................... 12
1.1.1 Project Background ............................................................................................. 12
1.1.2 Project Objective ................................................................................................. 12
1.1.3 Project Proposed Location and Components .................................................... 12
1.2 Principles and Objectives Governing Resettlement Preparation And
Implementation ................................................................................................................. 15
1.2.1 Policy Principles ................................................................................................... 15
1.2.2 Policy Objectives .................................................................................................. 15
1.2.3 Policy Coverage .................................................................................................... 15
1.3 Preparing and Approving Resettlement Plans ......................................................... 16
1.3.1 Resettlement Instruments ................................................................................... 16
1.4 Estimated Population of PAPs and Categories of PAPs .......................................... 17
1.5 Eligibility Criteria ....................................................................................................... 19
1.5.1 Compensation under Land Ownership.............................................................. 19
1.5.2 Compensation under Severity of Impact ........................................................... 19
1.5.3 Establishing Procedures and Eligibility Criteria .............................................. 20
1.6 Compensations and Methods for Asset Valuation ................................................... 20
1.6.1 Asset Valuation .................................................................................................... 20
1.6.2 Asset Valuation Method ...................................................................................... 20
1.6.3 Compensation....................................................................................................... 21
1.7 Organizational Arrangements for Entitlement Delivery ......................................... 22
1.7.1 The World Bank .................................................................................................. 22
1.7.2 The Project Management Unit (PMU)............................................................... 22
1.7.3 Local Authorities (Local Councils) .................................................................... 23
1.7.4 Non Governmental Organizations (NGOs) ....................................................... 23
1.7.5 External Consultant(s) ........................................................................................ 24
1.8 Implementation Process and Linkage to Civil Works ............................................. 24
1.8.1 Resettlement Plans ............................................................................................... 24
1.8.2 Timeframes ........................................................................................................... 25
1.8.3 Linking Resettlement Implementation to Civil Works .................................... 25
1.9 Grievance Redress Mechanisms ................................................................................ 26
1.9.1 Objective of Grievance Redress.......................................................................... 26
1.10 Sources of Financing for Funding Resettlement .................................................... 28
1.11 Consultation and Participation ................................................................................ 28
1.11.1 Notification Procedure ...................................................................................... 28
1.11.2 Public Consultation Mechanisms ..................................................................... 28
1.12 Monitoring and Evaluation Arrangements............................................................. 29
1.12.1 Internal Monitoring ........................................................................................... 30
1.12.2 External Monitoring .......................................................................................... 30
CHAPTER TWO: YEMENI LEGAL AND INSTITUTIONAL FRAMEWORK ..... 32
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2.1 Main National Legislation that Regulates Land Acquisition .................................. 32
2.1.1 Land Ownership within the Yemeni Legislations Framework........................ 33
2.1.2 Privately Owned Land ........................................................................................ 33
2.1.3 State–Owned or Government Land (Miri) ........................................................ 34
2.1.4 Communal Land .................................................................................................. 35
2.1.5 Endowment / Waqf Land ................................................................................... 36
2.1.6 Agricultural Land ............................................................................................... 37
2.1.7 Land for Neighborhood Rights........................................................................... 37
2.1.8 Laws Governing Squatters.................................................................................. 38
2.1.9 Other Types of Land ........................................................................................... 39
2.2 Land Acquisition: Key Issues and Procedures (Law 1 year 1995) ......................... 39
2.3 Institutional Arrangements ........................................................................................ 40
2.3.1 General Authority for Land Survey and Urban Planning (GALSUP) ........... 40
2.3.2 The Ministry of Public Works and Highways (MoPWH) ................................ 41
2.3.3 The Ministry of Finance (MoF) .......................................................................... 41
2.3.4 Local Councils ...................................................................................................... 41
2.3.5 Additional Mechanisms ....................................................................................... 42
2.4 Main Challenges Related to Land Ownership and Institutional Capacities ......... 42
CHAPTER THREE: GAPS BETWEEN YEMENI LEGISLATION AND THE WORLD
BANK OP 4.12 ....................................................................................................................... 44
3.1 Discrepancies between Yemeni Laws and OP 4.12 .................................................. 44
3.1.1 Calculation and Timing of Compensation ......................................................... 44
3.1.2 Definition of Affected Persons (PAPs) ............................................................... 44
3.1.3 Public Participation, Consultation ..................................................................... 45
3.1.4 Grievance Mechanisms........................................................................................ 45
3.1.5 Vulnerable groups ............................................................................................... 46
3.1.6 Resettlement assistance ....................................................................................... 46
3.1.7 Rights of Squatters .............................................................................................. 46
3.2 Capacity Building Needs ............................................................................................ 47
ANNEX I: THE PROCESS OF RAP/ARP PREPARATION AND THE DIFFERENT
RESETTLEMENT STEPS WITHIN THE PROJECT CYCLE. ..................................... 50
ANNEX II: ENTITLEMENT MATRIX FOR AFFECTED PERSONS ......................... 58
ANNEX III: SUMMARY OF THE REGISTRATION SURVEY RESULTS AT
MOKHA 60 MW WIND FARM PROJECT (MWFP) SITE ............................................ 69
ANNEX IV: TYPES OF ACQUISITION AND THE REGULATING ARTICLES OF
LAW 1, 1995 .......................................................................................................................... 81
LIST OF REFERENCES...................................................................................................... 85
LIST OF TABLES
Table 1.1
Size of Settlements within the Project Site
Table 1.2
Potential Number of Negatively Affected Households within the Four
Villages and the Types of Impacts
Table 1.3
Replacement Cost for Tangible Assets
LIST OF FIGURES
Figure 1.1
The Proposed Location of Al Mokha Wind Farm
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Figure 1.2
The Three Proposed Scenarios of WTG in the Project Site
Figure 1.3
The Villages within the Project Sites
Figure 1.4
Main Approaches for the Grievance Redress
Figure 3.1
PAPs Consultation and Participation in the RAP/ARP along the
Project Cycle
LIST OF BOXES
Box 1.1
Guidelines for the Monitoring Indicators
Box 2. 1
Issues Related to Land Acquisition and the Yemeni Relevant Laws
Box 2. 2
Yemeni Legislations Governing Private Land Property
Box 2.3
Yemeni Legislations Governing State/Government Land Property
Box 2.4
Yemeni Legislations Governing Communal Land Property
Box 2.5
Yemeni Legislations Governing Endowment/ Waqf Land
Box 2.6
Yemeni Legislations Governing Agricultural Land
Box 2.7
Yemeni Legislations Governing Neighborhood Rights
Box 2.8
Yemeni Legislations Governing Rights of Squatters
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LIST OF ABBREVIATIONS
AFD
Agence Française de développement
ARPs
Abbreviated Resettlement Plans
EC
Estimation Committee
ESIA
Environmental and Social Impact Assessment
ESMP
Environmental and Social Management Plan (ESMP)
FCC
Feedback and Complaint Committee
FGD
Focus Group Discussions
IDB
Islamic Development Bank
IR
Involuntary Resettlement
LRC
Local Resettlement Committee
M&E
Monitoring and Evaluation
MoEE
The Ministry of Electricity and Energy
MPP
Mokha Power Plant
MWFP
Mokha 60MW Wind Farm Project
OP
Operational Policy
PAPs
Project Affected Persons
PMU
Project Management Unit
PRA
Participatory Rapid Appraisals
RAPs
Resettlement Action Plans
RED
Renewable Energy Department
RESAP
Renewable Energy Strategy and Action Plan
RPF
Resettlement Policy Framework
SDO
Social Development Officer
SPC
Special Purpose Company
WB
World Bank
WTG
Wind Turbines Generators
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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 loss, temporarily
or permanently, of land, shelter, productive assets or access to
productive assets, or of income or means of livelihood and, as
consequence, would have their living standards or production
levels adversely affected.
Compensation
Payment in cash or in kind to replace losses of land, housing
income, and other assets caused by the project.
Cut off Date
The date of the census prior to which the occupation or use of
the project area qualifies residents or users of the project area
as affected persons.
Involuntary
Actions that may be taken without the displaced person’s
informed consent or power of choice.
The unavoidable displacement of people and/or impact on their
Involuntary
Resettlement (IR) livelihood, assets and common property resulting from
development projects that create the need for rebuilding their
livelihood, sources of income and asset bases.
Land Acquisition
The process whereby a person is compelled by a public agency
to alienate all or part of the land s/he owns or possesses, to the
ownership and possession of that agency, for a public purpose,
in return for fair compensation.
Monitoring
The process of repeated observations and measurements of
environmental and social quality parameters to assess and enable
changes over a period of time.
Project Affected
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 or
temporarily; and/or (iii) business, occupation, place of work or
residence, or habitat adversely affected, with or without
displacement.
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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 semilandless, female-headed, disabled and elderly households
without means of support and those from minority groups.
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EXECUTIVE SUMMARY
Project Background
Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of
demonstrating the financial feasibility of wind power by implementing the first wind
power development project in Yemen. MWFP is expected to add 60 MW of clean
power to the national grid.
The target capacity of 60 MW will be met through introducing a number of Wind
Turbines Generators (WTG) that will be located according to a favorable scenario
that has been compared to two other scenarios. The proposed scenario is optimal in
terms of energy production, sensitivity to habitat, aesthetic impacts and amount of
waste generated during construction. The proposed scenario will involve the
installation of 30 WTGs each of 2 MW capacities with hub height of 78m. The other
project components will include internal roads, an input portal, an overhead 132 Kv
power line and internal cabling.
The proposed location of MWFP is located on the coastal area in the western part of
Yemen, around 4 Km away from Al-Mokha in the vicinity of the existing Al-Mokha
Thermal Power Plant. It will occupy an area of around 48 m2.
MWFP is expected to have substantive positive impacts on the local communities in
Al Mokha and the country at large. The positive impacts include creating job
opportunities for Al Mokha residents both during construction and operation phases,
improving the power provision to Al Mokha and the neighboring communities and
assisting local communities in attaining several advantages in the form of enhanced
access to market and better income earning opportunities.
The field visits and surveys carried out in the project site showed that there are 93
households with a total population of 339 individuals who are originally Bedouin
nomads who have settled in this area for more that 20 years. Village residents juggle
a number of activities that are characterized by being marginal, fragile and poorly
rewarding with the main objective of making a daily living. The communities’ main
activities involve fishing, driving, grazing animals and collecting firewood.
These communities are mainly composed of three villages, namely, Al Holeiby,
Seriga, and Al Oksh.. They are under the administrative arrangements of Al
Mashalha, Al Mokha Districts. Like many other rural areas in Yemen, the role of
traditional institutions in resolving disputes through mediation, customary tribal
arbitration, and mutual accord is important in Al Mokha. Most disputes in Yemen
are originated from water right and land ownership. Customary laws in tribal areas
are strong and effective in resolving rural land disputes. Traditional institutions have
played and continue to play important role in addressing the rural land needs of
public benefits projects in Yemen. It is anticipated that the traditional structure in Al
Mohka project area will play similar role in resolving issues that might arise
between the project and communities.
From the preliminary survey and field observation, it is predicted that MWFP
operations will not result in major land acquisition. There will not be physical
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displacement that will be caused by the project and that will require relocating and
resettling people.
However, if for unforeseen and unavoidable circumstances the project requires land
acquisition and negatively impacted livelihoods, the policy principles and objectives
stated in this RPF will be applied. In the case of dispute between the project and
local community, the Yemeni customary law, deemed consistent with OP 4.12 if
properly documented, will be used. Existing traditional conflict resolution
mechanism will be activated and will be deployed to resolve disputes. Capacity
building support will be provided by the project.
Main National Legislation that Regulates Land Expropriation
The key Yemeni legislation that deals with land related issues are: the National
Constitution; the Civil Law; Law no. 21 of 1995 concerning State Land and Real
Estate; the Republican Decree 170 of 1996; Waqf Law no. 23 of 1992; the Republican
Decree 99 of 1996; Law no. 21 of 1995 concerning State Land and Real Estate and;
Law no. 1 of 1995 concerning the Public Eminent Domain Law.
Under Yemeni legislation, land could be classified as: (a) privately-owned land, (b)
state-owned or government land, (c) communal land, (d) endowment/ waqf land:
agriculture land, (e) land for neighborhood rights, (g) squatters occupied land. The
Legislation includes several provisions that regulate the process of declaring land
plots for public interest, the provisions for expropriation and compensation; and the
definition of rights of owners and use of communal property.
Land acquisition is regulated by the Public Eminent Domain Law no. 1 of 1995 which
aims at locating and identifying State Lands and Estates and establishing plans that
identify such lands, and protect and maintain them against any kind of aggression.
According to Article 1 of this law, ministries, authorities and general intuitions may
carry out acquisitions for the public interest when justified by necessity, in return for
fair compensation. Article 2 of the same law states the definition of “Projects of
Public Interest.”
The main institutions responsible for land-related issues are the General Authority for
Land Survey and Urban Planning (GALSUP) through the Land Department, Planning
Department, Notary Public Department and the Control and Inspection Department.
The Ministry of Public Works and Highways (MoPWH), the Ministry of Finance
(MoF) as well as the Local Councils which also plays an institutional role in
regulating land issues.
Moreover, under Articles 18 to 20 of the Law of State Lands Real Estates, the
Minister of Justice establishes a permanent or temporary EC in every governorate, or
for each individual case that comprises a judge, who takes the role of chairman, an
engineer, a representative of the expropriating authority, and the owner(s) of the
expropriated real estate or their representative. The EC role is to consider the various
pieces of legislation related to land acquisition and rights of squatters on public land
while making compensation for involuntary settlement.
There are several challenges related to land ownership and institutional capacities in
Yemen that could be summarized as follows:
 Land ownership issues are complex in Yemen, and are beyond the scope of a
MWFP to resolve.
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
The practical application of the law confronts many challenges including the
growing confusion over communal land and privately-owned land and the trend of
increasing private appropriation of communal land.
 There is little public confidence in the Land Registry, mainly in the rural areas.
 The overlapping responsibilities and the bureaucratic procedures of the various
concerned institutions lead to delayed responses to the affected persons.
 Law enforcement holds many challenges and the judicial system also exhibits
some weaknesses.
World Bank Safeguard Policies on Involuntary Resettlement (OP 4.12)
Involuntary Resettlement (IR) resulting from development projects will, if
unmitigated, give rise to difficult economic, social, and environmental risks that may
lead to a variety of unacceptable impacts including dismantling of production
systems, impoverishment of people, relocation of displaced persons to environments
that do not suit their skills, weakening of community institutions and social networks,
dispersion of extended families and kin groups and loss of cultural identity. However,
well-designed resettlement programs may represent good development opportunities.
WB OP 4.12 is a road map for the identification, preparation, and implementation of
Bank-funded programs with a focus on minimizing negative social and economic
impacts on individuals and communities.
The overall objective of OP 4.12 is to avoid IR where feasible by exploring
alternatives. If IR is unavoidable, resettlement activities should be conceived and
executed as sustainable development programs where displaced persons should be
meaningfully consulted. Resettlement programs should work to improve the
livelihoods of the Project Affected Persons (PAPs).
The policy covers the direct economic and social impacts that result from Bankassisted projects and are caused by the involuntary taking of land resulting in
relocation or loss of shelter, loss of or access to productive assets, or loss of sources of
income or means of livelihood, whether or not the affected persons must move to
another location; or, the involuntary restriction of access to legally designated parks
and protected areas resulting in adverse impacts on the livelihoods of the displaced
persons.
Potential Impacts
Generic short and long term environmental and socio-economic impacts potentially
occurring from involuntary resettlement include:
 Disruption of production and income generation both on temporary and permanent
bases;
 Loss of land or other assets;
 Affecting the incomes of local communities by introducing new income
generations opportunities which are not suitable to the local skills;
 Weakening of community and social fabric and networks;
 Dispersion of family and kinship groups; and
 Loss of cultural identity and traditional authority.
Under MWFP, the above impacts are not predicted to be encountered by local
communities. However, temporary impacts associated to the construction phase
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Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
including physical works will occur. These will be mitigated through measures
described in the Environmental and Social Management Plan (ESMP).
Purpose and Key Elements of the RPF
The purpose of this RPF is to establish resettlement objectives, principles,
organizational arrangements, overall design of the resettlement program, and funding
mechanisms for any resettlement operation that may be necessary during the MWFP
preparation and implementation phases.
When the precise location and exact extent of land acquisition by MWFP becomes
known during the implementation phase, site specific Resettlement Action Plans
(RAPs) or Abbreviated Resettlement Plans (ARPs) should be prepared, depending on
the scale and severity of impacts. The resettlement process should be finalized prior to
the commencement of any physical works.
If the need arises to resettle PAPs, the resettlement process will follow the principles
outlined in this RPF and shall take the social context into account and adapt it to local
conditions. This RPF along with the suitable resettlement instrument will be used for
establishing appropriate mechanisms that will be specifically tailored to deal with
resettlement problems that might arise as a result of MWFP.
This RPF consist the following elements, consistent with the provisions described in
OP 4.12, paragraph 2 and 4. Each of these elements will be discussed in chapter one,
two and, three in full detail.













a brief description of the project and components for which land acquisition and
resettlement are required, and an explanation of why a resettlement plans can not
be prepared by project appraisal,
Principles and objectives governing resettlement preparation and implementation,
A description of the process for preparing and approving resettlement plan,
Estimated population displacement and likely categories of displaced persons, to
the extent possible,
Eligibility criteria for defining various categories of displaced persons,
Methods of valuing affected assets,
Organizational procedures for delivery of entitlements,
A description of the implementation process- linking resettlement implementation
to civil work,
A description of grievance redress mechanisms,
A description of the arrangements for funding resettlement, including the
preparation and review of cost estimate, the flow of fund and, contingency
arrangements,
A description of mechanisms for consultations with, and participation of,
displaced persons in planning, implementing, and monitoring,
Arrangements for monitoring by implementing agency and, if required, by
independent monitors,
A legal framework reviewing the fit between Yemeni law and legal framework
and Bank policy requirements and measures proposed to bridge any gaps between
the two systems,
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CHAPTER ONE: PROJECT SPECIFIC INFORMATION
1.1 Al Mokha Wind Farm 60 MW Project (MWFP)
1.1.1 Project Background
The power sector in Yemen is facing many challenges in providing reliable energy
service. The country has the lowest population access to electricity in the region.
Little over 40% of the total population has access to electricity compared to a
regional average of about 90%. Because power generation in thermal power plants
causes many environmental impacts including deteriorating air quality, increasing
greenhouse gas emissions and depleting natural resources from fossil oil, the
Yemeni Government has initiated the Renewable Energy Strategy and Action Plan
(RESAP) in which different sources of renewable energy have been investigated. It
was concluded that wind energy, along with solar energy, are potentially among the
most feasible sources of renewable energy in the country.
The Ministry of Electricity and Energy (MoEE) has investigated wind resources at a
number of sites in the country, focusing in Al Mokha and Hodeidah regions, as a
preliminary step for implementing a wind farm project. The results of these
investigations have shown favorable conditions in Al-Mokha compared to Al
Hodeidah. Accordingly, MoEE is currently planning for implementation of the AlMokha Wind Farm Project (MWFP).
Wind energy is a fast growing renewable energy source throughout the world, which
has gained popularity in recent years due to soaring fossil fuel prices and improved
wind harvesting technologies. While wind energy is an environmentally friendly and
clean technology, there are potential environment impacts from the wind farm and
associated power lines on biodiversity, particularly birds and other airborne animals
(such as bats).
1.1.2 Project Objective
Al Mokha 60 MW Wind Farm Project (MWFP) was initiated with the objectives of
demonstrating the financial feasibility of wind power by implementing the first wind
power development project in Yemen and adding 60 MW of clean power to the
national grid.
1.1.3 Project Proposed Location and Components
The proposed location of MWFP is located on the coastal area in the western part of
Yemen. Typically the coastal area in the western part of Yemen is semi-desert with
rare vegetation and rare inhabitation. The project site is around 4 km far away from
Al-Mokha port. The proposed project site is located in the vicinity of the existing AlMokha Thermal Power Plant as the generated power shall be connected to the existing
substation of the thermal power plant (The proposed site for Al Mokha is shown in
figure 1.1 below).
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Figure 1.1: The Proposed Location of Al Mokha Wind Farm
The project site occupies an area of about 48 km2 and will involve installation of wind
turbines with a total capacity of 60 MW that will be connected to the national grid.
The target capacity of the project (60 MW) will be met by introducing a number of
Wind Turbines Generators (WTG). The Feasibility Study consultants have developed
three scenarios for WTGs rating, number and layout. The prepared Environmental and
Social Impact Assessment (ESIA) also explored the proposed scenarios in terms of
the environmental and social impacts and conclude that the scenario that involves
the installation of 30 WTGs each of 2 MW capacities with hub height 78m,
shown in turquoise color in the layout shown in Figure 1.2 is the most feasible
scenario from environmental and social perspectives. The ESIA Chapter on
Project Alternatives describes the three scenarios in more detail and concluded that
the selected alternative is favorable in terms of the following considerations:
1. The most energy production (optimization option)
2. Least impacts on sensitive habitat of the area, particularly migrant birds
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Al Mokha 60MW Wind Farm Project
3.
4.
5.
6.
7.
Resettlement Policy Framework (RPF)
The least impacts on aesthetic view
Less generated waste during construction (less construction works)
Less impacts on traffic and generation of vehicles air emissions
Longer life span and less maintenance requirements
Less noise, vibrations and shadow flickering effects
In addition to the WTG, the project components also include other components like
internal roads which will include a connection from the main road (as indicated in
Figure 1.2 below), a main distributor road and three stretches serving WTG rows.
Project components will also encompass internal cabling which will connect each row
of WTGs, underground 33 Kv cables and 3/132 substation which will be located at
the southwest respect of the project site. Overhead 132 Kv power line will also be
installed to connect the wind farm substation to MPP substation for a distance of
about 2.6 km. Moreover an input portal shall be built for phase cables mooring at the
Mokha Power Plant (MPP) substation.
Figure 1.2 The Three Proposed Scenarios of WTG in the Project Site.
The turquoise color refers to the preferred scenario (scenario 3), while the purple and
green colors present the two other alternatives. The yellow lines represent the access
roads that will be established as part of the project and the black lines represent the
power cables. The few red dots represent the communities within the project area.
1.1.4
Why Not Prepare RAP/ARP During Project Appraisal?
It is not possible to prepare a RAP or ARP during the project appraisal as the precise
location of WTGs has not yet been known. RPF is then the appropriate resettlement
instrument that the Project Management Unit (PMU) can feasibly submit to the Bank
as condition to project for appraisal.
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When of the precise location of the WTGs is known and if it is determined that
MWFP’s activities will necessitate involuntary resettlement, then RAP/ARP
consistent with this RPF will be prepared and submitted to the Bank for approval. The
RAP/ARP document will be submitted to the Bank prior to starting of any
construction work.
1.2 Principles and Objectives Governing Resettlement Preparation And
Implementation
1.2.1 Policy Principles
Involuntary Resettlement (IR) resulting from development projects will, if
unmitigated, give rise to difficult economic, social, and environmental risks that may
lead to a variety of unacceptable impacts including: i) dismantling production
systems, ii) impoverishing people when their productive assets or income sources are
lost, iii) relocating of displaced persons to environments where their productive skills
may be less applicable and the competition for resources greater, iv) weakening of
community institutions and social networks, v) dispersing of extended families and
kin groups; and vi) losses of cultural identity, traditional authority, and the potential
for mutual help.
On the contrary, a well-designed and a well-implemented resettlement program may
represent good development opportunity. By providing proactive mitigation measures,
that will lead to sound resettlement planning, OP 4.12 is designed to ensure that
Project Affected Persons (PAPs) are not negatively affected by Bank-financed
projects. It is a road map to be used by practitioners in the identification, preparation,
and implementation of Bank-funded programs with a focus on minimizing
involuntary resettlement’s negative social and economic impacts on individuals and
communities.
1.2.2 Policy Objectives
The overall objectives of the Bank’s policy on involuntary resettlement are:



Involuntary resettlement should be avoided where feasible, or minimized,
exploring all viable alternative project designs;
Where it cannot be feasibly avoided, resettlement activities should be conceived
and executed as sustainable development program, providing sufficient
investment resources to enable displaced persons to share the project benefits.
Displaced persons should be meaningfully consulted and should have
opportunities to participate in planning and implementing resettlement programs
and compensation measures; and
Displaced persons should be assisted in improving their livelihoods and standards
of living or at least in restoring them, in real terms, to pre-displacement levels or
to levels prevailing prior to project implementation, whichever is higher.
1.2.3 Policy Coverage
The Bank policy on involuntary resettlement covers the direct economic and social
impacts that both result from Bank-assisted projects and are caused by:
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
The involuntary taking of land resulting in relocation or loss of shelter, or loss of
access to productive assets, or loss of sources of income or means of livelihood,
whether or not the affected persons must move to another location; or,

The involuntary restriction of access to legally designated parks and protected
areas resulting in adverse impacts on the livelihoods of the displaced persons.
This policy applies to all components of Bank-supported projects that result in
involuntary resettlement, regardless of the source of financing. It also applies to other
activities resulting in involuntary resettlement, that in the judgment of the Bank, are
directly and significantly related to the Bank-assisted projects, necessary to achieve
the objectives set forth in the project documents, or carried out or planned to be
carried out, contemporaneously with the project.
1.3 Preparing and Approving Resettlement Plans
During implementation of the MWFP, the scale and severity of its impact will be
assessed and determined. Since the precise location of turbines, transmission lines and
Diesel Generator sets are not yet known at this stage of the project, it is recommended
that the preparation and disclosure of this RPF is conditional for its appraisal.
If, in a very unlikely circumstance, involuntary resettlement and involuntary
acquisition of land becomes an unavoidable reality, the MWFP will consider
preparing ARP or RAP1 that must be consistent with this RPF.
Preparing and processing ARP or RAP entails: i) screening and reviewing MWFP
areas, ii) conducting census and socioeconomic survey around and within the MWFP
areas, iii) establishing eligibility criteria, iv) conducting consultations, v) preparing
the ARP or RAP document, vi) reviewing the document and, vii) assessing and
identifying the resettlement implementing agency implementation capacity and
building its capacity.
1.3.1 Resettlement Instruments
If resettlement planning is applicable to MWFP, then the next question will be which
of the Bank’s resettlement planning instruments will be appropriate to address the
project’s impact sufficiently.
Choosing the kind of instrument to be used by the project will be the responsibility of
Bank task team. The team will have to weigh the scale and magnitude of impact and
choose the appropriate planning instruments from the following:



Resettlement Action Plan
Abbreviated Resettlement Plan
Process Framework
1.3.1.1 Resettlement Action Plan (RAP)
The preparation of this planning instrument is dependent upon the scale of the MWFP
impacts on livelihoods. RAP is prepared when the details of the MWFP are known at
1
Detailed guidelines for preparing a RAP are available one the World Bank's website www.worldbank.org .
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appraisal. A full RAP is required when: a) more than 200 individuals are affected; b)
all of the PAPs lose more than 10 percent any of their holdings; c) the remainder of
their land is economically unviable; and (c) they have need for physical relocation.
For more details on the process of RAP preparation and the different resettlement
steps within the project cycle see Annex I.
1.3.1.2 Abbreviated Action Plan (ARP)
This planning instrument is prepared if the resettlement impacts are minor or the
MWFP displaces fewer than 200 people. Resettlement impacts are considered minor
if: (a) all of the PAPs lose less than 10 percent of their land, regardless of the number
of PAPs; (b) the remainder of their land is economically viable; and (c) they have no
need for physical relocation. For more detail see Annex I.
1.3.1.3 Process Framework (PF)
The Process Framework is prepared if the operation of MWFP imposes restrictions of
access to legally designated parks or protected areas. If the project restricts access to
common property or natural resources as a result of its activities, it is then imperative
that the project prepare and submit a process framework as a condition for appraisal.
1.4 Estimated Population of PAPs and Categories of PAPs
Size of households: The field interviews, surveys and observations carried out
showed that very small and sparse communities are currently living within and
around the project sites. There are 93 households within the project site of which 3
are uninhibited households and one is a grave. The survey showed that the total
population of those households that accepted to reveal their information is 339
individuals. Their sizes and settlement is depicted by Table1.1 below.
Table 1.1 Sizes of Settlements within the Project Site
Name of the Village
Number of Village Households
Al Holeiby
24 houses
Al Oksh
33 houses
Seriga
32 houses
Length of settlement: The residents of the three villages are originally Bedouins who
used to wander in the desert seeking water and grass for their animals. They
mentioned that they have lived in this site since 1990, while a few of them
mentioned that they have lived there for 35 years. According to them this place
includes a multitude of attraction factors that allowed them to make a living and
settle. These factors include access to open space and natural resources like trees
which allow them to cut and burn wood both for domestic activities and selling. The
site also enjoys proximity to the sea, which allows a portion of the residents to work
in fishing. Moreover, proximity to Al Mokha allows access to economic
opportunities in Mokha. Annex II of the RPF presents full report for the registration
survey including the key findings from the field.
Means of livelihoods: The main occupations include working as daily laborers in
Mokha port, fishermen, firewood sellers and shepherds. Moreover, proximity to the
high way allows some of the young male residents to make a living through offering
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transport services to the road users. Almost all women do not work outside homes
except in very limited activities that involve collecting wood and limited grazing.
Women and female children are fully responsible for domestic works.
Housing style: The most dominant housing style in the settlement within the project
areas are mostly of unstable structure. This is what local people call “the Tihama
coastal houses" which is very close to cottages. The most dominant construction
materials for these structures are mud, straw, trees wood and palm leaves. In very
few cases residents used cement bricks in supporting their shanties.
It should be noted that the majority of the people in the area could be categorized by
law as “squatters” due to the fact that almost all of them do not own the legal
documents that proves their ownership of the land2.
Vulnerable groups: Consideration must be given and assistance provided, where
necessary, to those most vulnerable groups if involuntary resettlement becomes
unavoidable option. The likely PAPs under MWFP, among other categories, are
vulnerable groups who could be included under the following:




Those living below the poverty line, and the landless;
Elderly, women and children, indigenous peoples;
PAPs who may not be protected through national land compensation legislation;
and
Those who do not have alternative sources of income apart from the land
resources- based activities.
Under the World Bank OP 4.12, there is clear emphasis on the need to give special
attention to the rights of vulnerable groups to make sure that they are not excluded
from any measures adopted within overall resettlement actions. Importance is given to
a fair treatment of vulnerable groups out of a belief in the role played by social
identity in determining who has access to which resources. Vulnerable groups are
normally at a higher risk of impoverishment.
If the decision is made to prepare ARP or RAP, the MWFP will conduct a census
survey and a socioeconomic study to help identify vulnerable groups whose
livelihoods might be impacted. The result of the census and the socio-economic study
will be used to determine the appropriate types of compensation and the forms of
assistance to be provided to vulnerable groups. Types of assistance are varied. For
example, assistance with the compensation payment procedure might include going to
the bank with the person to cash the compensation check; or assistance with the post
payment period might require reducing risks of misuse/robbery; or assistance during
moving might require providing a vehicle and driver; or assistance at the moving
stage might necessitate providing materials, labor, or building houses; or assistance
with health care at critical periods such as the moving and transition periods, etc.
2
WB OP 4.12 emphasizes the rights of these groups in receiving resettlement assistance, in case OP
4.12 is triggered. The Yemeni Law no 21 of year 1995 concerning State Land and Real Estate also
protects the rights of squatters and several local mechanisms were tailored in several Governorate to
deal with these cases (as will be mentioned in more details below).
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Local communities within the project area are of the poorest groups precautionary
measure will be taken to ensure that the local population maintains access to the
various common resources in the areas, including access to grazing and logging
The PMU is responsible for implementing these measures. The PMU will work to
ensure and facilitate the efficient implementation of the social and economic
mitigation measures outlined in this RPF and will be responsible for creating
communication channels between communities and the relevant authorities and the
Local Councils.
1.5 Eligibility Criteria
Since MWFP impacts have not yet been known it is not possible to determine who is
qualified or not qualified for compensation benefits. Nonetheless, all PAPs who suffer
complete or partial losses of assets or access to assets shall be eligible for some kind
of assistance, according to their legal rights to the land, if it can be proven that they
occupied the land before the claim cut-off date. The Bank OP 4.12 specifically
proposes the following three general categories for eligibility:



Those who have formal, legal rights to land, including customary and traditional
rights, recognized under the laws of the country;
Those who have no formal legal rights to land at the time the census begins but
have a claim to such land or assets, provided such claims are recognized under the
laws of the country or become recognized through a process identified in the
resettlement plan; and
Those who have no recognizable legal right or claim to the land they occupy.
Eligibility for compensations will recognize private, customary or traditional rights as
well as formal and informal contractual rights. Since the MWFP will not require
involuntary land acquisition, its operation will not affect land ownership, customary,
and traditional rights or formal and informal contractual rights.
1.5.1 Compensation under Land Ownership
As planning information becomes available, land ownership and severity of impact
shall be used to determine compensations for resettlement entitlements. The type of
ownership or claim, in combination with the severity of impact, determines the
relevant resettlement entitlements, which are generally defined in proportion to the
impact on PAPs.
1.5.2 Compensation under Severity of Impact
OP 4.12 stated that eligibility under the severity of impact may range from minor to
severe impacts. Minor impacts occur when less than 10% of productive assets are lost
with no physical relocation required. Impact is severe when more than 10 percent of
land or resources are taken and when physical relocation occurs from one’s residence
or place of business, or people suffer significant loss of livelihood and income. As
previously mentioned, the number of PAPs under MWFP will reach around 20
families in the three villages. However, the impacts do not involve involuntary
resettlement. The nature and severity of impacts are expected to be within acceptable
levels and several positive returns are expected to compensate those temporary
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negative impacts like construction inconvenience. In the meantime, the ESMP
presented mitigation measures that will adequately deal with the negative impacts and
will ensure that they are reduced to a minimal level.
1.5.3 Establishing Procedures and Eligibility Criteria
If MWFP requires resettlement planning to address adverse impact on livelihoods, the
PMU will develop a procedure satisfactory to the Bank for establishing the criteria by
which PAPs will be deemed eligible for compensation and other resettlement
assistance. The procedure includes provisions for meaningful multi-stakeholders
consultations with PAPs and PAP-communities, local authorities and relevant NGOs,
and government agencies.
1.6 Compensations and Methods for Asset Valuation
1.6.1 Asset Valuation
The valuation of losses in physical assets will be carried out by assessing the market
value of the assets, if known, and estimating the replacement cost. Replacement cost
is simply calculated as the cost of replacing the lost assets plus any transaction costs
associated with bringing the asset to pre-displacement value. Replacement cost will
differ depending on the type of asset, as illustrated in Table 1.3 below.
Table 1.3: Replacement Cost for Tangible Assets
Asset
Replacement Cost
Agricultural
Land
Equals the pre-project or pre-displacement, whichever is higher,
market value of land of equal productive potential or use located in
the vicinity of the affected land, plus the cost of preparing the land to
levels similar to those of the affected land, plus the cost of any
registration and transfer taxes.
Equals the pre-displacement market value of land of equal size and
use, with similar or improved public infrastructure facilities and
services and located in the vicinity of the affected land, plus the cost
of any registration and transfer taxes.
Equals the market cost of the materials to build a replacement
structure with an area and quality similar to or better than those of the
affected structure, or to repair a partially affected structure, plus the
cost of transporting building materials to the construction site, plus
the cost of any labor and contractors’ fees, plus the cost of any
registration and transfer taxes.
Urban Land
Houses / Other
Structures
Source: WB OP 4.12
For intangible loses that cannot easily be valued in monetary terms (i.e. access to
employment opportunities, public services, natural resources, social capital), the subprojects should attempt to establish access to equivalent resources and earning
opportunities that are acceptable to the PAPs.
1.6.2 Asset Valuation Method
Law no. 21 of 1995 concerning State Land and Real Estate defines the formation of
an Estimation Committee (EC) to be in charge of estimating the value of
compensation. The committee should consist of a judge, an engineer, representative of
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the expropriated entity, and the owner of the expropriated real estate. The law
stipulates that the EC should look at number of plantations and establishments. If
there was more than one owner and they did not agree on one representative, then the
majority decides. Otherwise the president shall appoint an expert as a representative
of the owner. Decisions of the EC are based on the majority vote. The PMU should be
represented in the EC.
1.6.3 Compensation
Fair compensation3 is a constitutional condition for lawful expropriation according to
Article 1166 of the Civil Code no. 19 of 1992 which stated that no one is to be
deprived of his/her property except in accordance with the law and in exchange for
fair compensation.
Compensation will be provided to all individuals whose assets or access to assets is
severely affected or damaged, as a consequence of land acquisition or any other
activities undertaken by the sub-projects. The compensation for the loss of physical
and non-physical assets will vary depending on the type of loss, severity of the loss,
and eligibility of the PAPs. Compensation may come in the form of cash
compensation, in-kind compensation, and/or assistance.
All PAPs will be entitled to monetary compensation at replacement cost, at market
value (at the entitlement cut-off date), for affected tangible assets. Another option
may be in-kind compensation where the affected assets would be replaced with an
asset of similar size, value, and quality. The decision as to which type of
compensation is used should be jointly agreed upon between the PMU and the PAPs
and shall be subject to the availability of replaceable assets. Moreover, development
and resettlement transitional assistance needed to restore the livelihood and standard
of living of PAPs under the sub-project to pre-project levels shall also be part of the
compensation component of any resettlement plan (i.e. short-term jobs, subsistence
support, moving allowance, salary maintenance, food assistance, etc).
It should be noted here that compensation for losses in communal property shall only
be in-kind for the community as a whole, and shall take the form of reconstruction of
the affected or damaged facility (i.e. public school buildings, markets, etc) to at least
the same standard prior to the project’s implementation.
As part of the resettlement process, a resettlement matrix identifies the expected
negative impacts from the sub-project, the eligible persons for compensation, and the
compensation policy that is to be applied. Since MWFP is still in the appraisal stage,
and plenty of the detailed implementation activities have not be defined, the attached
entitlements matrix in Annex II may serve as a generic tool for identifying the
possible losses arising from the project and the respective entitlement benefits of the
PAPs. However, it should be noted that the impacts assessment performed concluded
that none of the types of loses in the entitlement matrix will be encountered by local
communities within the project site. It is thus believed that the proposed mitigation
measures will provide all the necessary actions to mitigate any potential negative
impact.
According to Law no. 21 of 1995, EC should be in charge of estimating the value of compensation as
previously mentioned. Fair compensation is a constitutional condition for lawful expropriation
according to article 1166 of the Civil Code No. 19 / 1992.
3
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In general terms and in projects where OP 4.12 is triggered, measures should be
considered to ensure that PAPs are:
 Informed about their options and rights;
 Consulted on, offered choices among, and provided with technically and
economically feasible resettlement alternatives; and
 Provided with prompt and effective compensation at full replacement cost for
losses of assets attributable directly to the project.
If the impacts include physical relocation, the project includes measures to ensure that
the PAPs are:
 Provided assistance, such as moving allowances, during relocation; and
 Provided with residential housing, or housing sites, or, as required, agricultural
sites for which a combination of productive potential, location advantages, and
other factors are at least equivalent to the advantages of the old site.
Where necessary to achieve the objectives of this policy, the RAP/ARP also includes
measures to ensure that PAPs are:
 Offered support after displacement, for a transition period, based on a reasonable
estimate of the time needed to restore their livelihood and standards of living;
 Provided with development assistance in addition to compensation measures; and
 Provided with land preparation, credit facilities, training, or job opportunities.
1.7 Organizational Arrangements for Entitlement Delivery
1.7.1 The World Bank
In meeting the objectives of the Bank’s policy on Involuntary Resettlement, the Bank
may at a Borrower’s request support concerned entities by providing:
 Assistance to assess and strengthen resettlement policies, strategies, legal
frameworks, and specific plans at a country, region or sector level;
 Financing for technical assistance to strengthen the capacities of agencies
responsible for resettlement, or of affected people to participate more effectively
in resettlement operations;
 Financing for technical assistance for developing resettlement policies, strategies,
and specific plans, and for implementation, monitoring, and evaluation of
resettlement activities; and
 Financing for the investment cost of resettlement.
Along the RAP/ARP cycle, the Bank is also responsible for:
 Screening findings and advice on the need for RAP/ARP and whether or not other
remedial actions need to be taken;
 Approving the developed RAP/ARP prior to the execution of sub-projects or
expropriation activities;
 Contracting the external monitoring consultant; and
 Reviewing monitoring reports and sending feedback to the PMU.
1.7.2 The Project Management Unit (PMU)
Along the Project Management Unit (PMU) is responsible for:
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













Resettlement Policy Framework (RPF)
Screening the project activities to check if any activity will result in land
acquisition and involuntary resettlement;
Hiring resettlement consultant for the preparation of the RAP/ ARP;
Preparing the ToRs for the LRC;
Following up on the formation of committees and coordinate with the local
authorities;
Ensuring the interest of PAPs, particularly the vulnerable groups, are well
addressed by the RAP/ARP;
Sending RAP/ARP for WB approval;
Facilitating the different consultation activities;
Participating in responding to the grievance and work towards solving related
issues;
Overseeing/monitoring the progress in resettlement preparation and
implementation through reviewing regular progress reports;
Reporting regularly to the WB on resettlement activities (RAP/ ARP
implementation);
Keeping records and documentation and ensure data compilation in a way that
facilities the task of the external monitoring the process as part of the monitoring
activities (e.g. grievance process and action taken);
Participating in preparing the external monitoring consultant ToRs according to
the WB standards;
Building the capacities of the local resettlement mechanisms on PAPs consultation
techniques; and
Reviewing the external monitoring report.
1.7.3 Local Authorities (Local Councils)
The Local Councils are the key governmental authority of relevance to the execution
of the resettlement program. Their responsibility in the RAP/ARP execution should
involve:





Coordinating with other governmental organizations of relevance to the
resettlement program (GALSUP, MoPWH)4;
Following up on the resettlement process;
Following up on the imbursement of compensation and the provision of the
development assistance;
Ensuring that PAPs are consulted and their concerns and interests are considered;
and
Through participation in the different committees, playing a role in facilitating
responsiveness to the PAPs grievances.
1.7.4 Non Governmental Organizations (NGOs)
NGOs are key players that should be involved to ensure the efficiency of the
resettlement activities and that they are designed and implemented in a manner which
is sensitive to the interests of poor and vulnerable groups. In addition to the necessity
of NGO representation in the committees, NGOs are also recommended to participate
in:
4
Representatives from these organizations as well as any other organizations of relevance should be
represented in the LRC.
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


Resettlement Policy Framework (RPF)
Coordination for the provision of supporting facilities/loans/ employment/capacity
building programs, etc. based on the PAPs’ needs;
Facilitation of access to the most vulnerable groups and ensuring fair
representation of different social subgroups (e.g. women, youth, children, etc.);
and
Raising funds and mobilizing resources to target PAPs as a method for improving
their living conditions post resettlement.
1.7.5 External Consultant(s)
Although it is not expected that OP 4.12 will be triggered as part of MWFP, the input
of an external consultant will be needed along the project if need arises for the
preparation of RAP/ARP. The consultant, in this unlikely case, will be needed to
assist in the following issues:
Resettlement and Capacity Building
 Assist PMU in the preparation of the RAP/ARP, particularly designing and
applying the socio-economic survey; and
 Prepare training materials and provide the training to LRC members on legislative
issues related to resettlement (particularly OP 4.12) as well as methods for
engaging and consulting stakeholders (particularly PAPs) and monitoring
techniques, and evaluate the training outcome.
Monitoring and Evaluation (M&E)
 Verify that project activities have been effectively completed with respect to
quantity, quality and timeliness;
 Assess whether and how well these activities are achieving the stated goals and
purpose of the project;
 Design monitoring tools;
 Carry out all the field surveys, investigation activities and stakeholders
consultations as part of the monitoring process; and
 Review monthly and quarterly monitoring reports and other secondary data.
1.8 Implementation Process and Linkage to Civil Works
1.8.1 Resettlement Plans
The process of preparing MWFP resettlement plans, if required, will involve the
following:
 Establishing the cut off date and carrying out a census to identify PAPs;
 Conducting census and generating information about the PAPs, their entitlements
regarding compensation, resettlement and rehabilitation assistance as required;
 Identifying disturbances, especially those affecting income-earning activities, and
properly recording compensation or asset replacement; and
 Preparing a time phased action plan with a budget and making provision of
compensation, resettlement, and other assistance as required, based on the census
and inventory of losses, and in consultation with the PAPs.
The Special Purpose Company (SPC) through the PMU and the Social Development
Officer (SDO) shall ensure that following the census, ARP or RAP is prepared for
MWFP activity that triggers resettlement. The PMU may employ a private consultant
to provide valuation services required for the ARP or RAP. This assignment shall be
financed by the project.
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In case of involuntary resettlement, approval of the new pieces of land to be used for
resettlement shall be sought from the Government of Yemen in consultation with
local communities and affected individuals.
To ensure transparency of procedures, PAPs shall be informed of the method of
valuation used to assess their assets. All payments of compensation, resettlement
assistance and rehabilitation assistance, as the case may be, shall be made in the
presence of the PAPs in question and the local leaders.
1.8.2 Timeframes
The following key timeframes shall apply unless otherwise agreed between the SPC
and SDO, the Resettlement Committee and the PAPs:



That asset inventory shall be completed at most four months prior to the
commencement of work;
That the resettlement plan shall be submitted to Special Purpose Company (SPC)
for approval immediately after completion of asset inventory; and
That civil works shall commence after compensation, resettlement and
rehabilitation activities have been affected.
Timeframes shall be drawn up and agreed upon by all parties including the PAPs.
Compensation payments for acquired land, affected assets and resettlement of
households must be completed as a condition for the taking away of land and before
commencement of the civil works under the MWFP.
Adequate time and attention shall be allowed for consultation of both the PAPs and
host communities before bringing in the newcomers. The actual length of time will
depend on the extent of the resettlement and compensation and will have to be agreed
upon by all parties.
1.8.3 Linking Resettlement Implementation to Civil Works
PAPs will need to be compensated before work on MWFP can begin. The
compensation shall be done in accordance with this Resettlement Policy Framework
and subsequent resettlement and compensation plan(s).
For activities involving land acquisition or loss, denial or restriction to access of
resources, the MWFP will make adequate provisions for compensation and for other
assistance prior to the actual displacement and relocation. The assistance includes
provision and preparation of resettlement sites with adequate facilities.
In particular, land and related assets for MWFP activities may be taken away only
after compensation has been paid and resettlement sites and moving allowances have
been provided to PAPs. For MWFP activities requiring relocation or resulting in loss
of shelter, the project will take measures to ensure that PAPs are assisted and
resettlement program is implemented in accordance with the ARP or RAP.
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Resettlement Policy Framework (RPF)
In the Implementation Schedule of the ARP or RAP, details on resettlement and
compensation must be provided. The schedule for the implementation of activities, as
agreed between the PMU/PIU and PAPs must include:




Target dates for start and completion of MWFP civil works;
Timetables for transfers of completed civil works to PAPs;
Dates of possession of land that PAPs are using (this date must be after transfer
date for completed civil works to PAPs and for payments of all compensation);
and
The link between RAP activities to the implementation of the overall MWFP.
When approving recommendations for resettlement during screening, in compliance
with this policy framework, PAPs must confirm that the resettlement plans contains
acceptable measures that link resettlement activity to MWFP civil works. Proper
timing and coordination of the MWFP civil works will be made to ensure that no
affected persons will be displaced (economically or physically) due to civil works
activity. Compensation is paid in full before any MWFP activity can begin.
1.9 Grievance Redress Mechanisms
1.9.1 Objective of Grievance Redress
The grievance redress mechanisms shall be designed with the objective of solving
disputes at the earliest possible time, which will be in the interest of all parties
concerned. World Bank OP. 4.12 emphasizes that the PAPs should be heard.
Therefore, they should be fairly and fully represented in an appropriate way. The
mechanism should implicitly discourage referring matters to a court for resolution.
Like many other rural areas in Yemen, the role traditional institution in resolving
disputes through mediation, customary tribal arbitration, and mutual according is
important in Al Mokha. Customary justice is regarded as less expensive than state
courts. The traditional tribal conflict prevention and resolution system has been and
is remain to be the main and most effective mechanisms for conflict management. It
has a set of comprehensive rules and traditions that prevent conflict by regulating
the use and sharing of resources, prescribe methods for resolving conflicts, and
impose enforcement mechanisms. Most disputes in Yemen are originated form
water right and land ownership. The tradition of collective responsibility governing
tribal culture has helped keep customary laws strong and effective in resolving land
disputes. It has played and continued to play an important role in addressing rural
land needs of public benefits projects in the Yemen.
The grievance procedures will ensure that the PAPs are adequately informed of the
procedure before their assets are taken. A grievance mechanism should be devised in
order for the PAPs to be able to voice their concerns, complaints, or dissatisfaction
with any part of the compensation process and seek redress. This RPF sets the outline
of the grievance mechanism that should be agreed upon and used by the MWFP in
case RAP/ARP is triggered. Simply, complaints can be made concerning the:




Non-fulfillment of contracts;
Compensation entitlement;
Types and levels of compensation;
Compensation policy, acquisition / destruction of land or assets; and
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
Resettlement Policy Framework (RPF)
Resettlement, or development or transitional assistance.
Grievances should be addressed by traditional and tribal institutions or special
committees might be formed as an independent mechanism for the purpose of
receiving and responding to grievance in order to ensure that PAPs’ grievances are
treated fairly and timely.
The committee should collect and review the grievances (in coordination with the
representative local public official) monthly and the PMU should also play a role in
facilitating the response to these grievances. Particular attention will be paid to
vulnerable groups. It is also very important for the committees to ensure proper
documentation for all grievances and their resolution within a timely manner for the
monitoring process. Capacity building of the local committees is essential in order to
enable them to efficiently implement the different activities under the RAP/ARP.
It is recommended that in order to minimize the cases that are taken to the court and
avoid long and tiring litigation the local social context is careful consider, the
Yemeni customary law consistent with OP 4.12 are followed. However, if the
grievances or other disputes cannot be resolved through customary arrangements and
administrative actions, the PAPs can initiate legal proceedings in accordance with
provincial and national law (Article 51 of the Yemeni Constitution5) and have
recourse to the Appellate Courts and the Supreme Court, but this should be reserved
as a last option. The grievance redress approaches could be divided into proactive and
reactive approaches as illustrated under Figure 1.4 below.
Figure 1.4: Main Approaches for the Grievance Redress
Grievance Redress Approaches
Proactive approach
a) Widespread disclosure of project
background
b) Clarification of criteria for eligibility
for assistance under the RPF
framework
c) Establishing a committee of
honorable and respected persons
(community leaders, Local Councils,
religious persons, etc.), to review any
grievances that may result from the
project (e.g LRC)
Reactive approach
a) Settle disputes amicably
b) Deal with disputes to the extent
possible at the local level using local
mechanisms, particularly those that
insure vulnerable groups get fair
treatment
c) If disputes cannot be solved at the
local level, the PMU and other
relevant organizations should review
specific complaints. Highly skilled
persons in communication and
dispute resolution should review
PAPs grievances
5
A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall be
entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct or
indirect manner.
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1.10 Sources of Financing for Funding Resettlement
As soon as the activities triggering IR have been identified and approved by relevant
agencies and the WB, realistic cost estimates shall be calculated based on the data
collected from the socio-economic survey on the estimated number of PAPs that are
likely to be affected by the project and the quantity and types of affected assets. The
consultant in charge of the RAP/ ARP preparation shall consider that the budget
should include all of the anticipated impacts under the project and calculate the cost
(compensation, administrative costs and monitoring, support assistance, etc.)
according to actual replacement costs (at market value). The PMU, supported by the
WB, should be responsible for any compensation for land acquisition as well as any
capacity building activities done as part of the RAP/ARP process.
Under the MWFP, it is not expected that RAP/ARP for any of the project components
will be needed. However, some contractual procedures have been proposed by the
ESMP in order to minimize any potential negative impacts on the communities within
the project site. It is expected that these procedures will be fully funded by the
contractor. Other complementary mitigation measures like capacity building and
setting feedback and communication mechanisms have been considered with budget
allocations under the ESMP budget.
1.11 Consultation and Participation
Community consultation and participation will be undertaken from the planning stage
to implementation and monitoring phases of MWFP. Hence consultations and
participations shall be mandatory for all MWFP components requiring: a) land
acquisition, b) compensation and, c) resettlement.
1.11.1 Notification Procedure
The MWFP, through SPC, shall by public notice, and publicly announce in the media
(daily newspapers, national television, national broadcasting radios), notify the public
of its intention to acquire land assigned for the project.
The notice shall state:
a)
Government’s proposal to acquire the land;
b)
The MWFP purpose for which the land is needed;
c)
That the proposal or plan may be inspected by PMU or the offices of
the local authorities in the project district, during working hours; and
d)
That any person affected may, by written notice, object to the
transaction giving reasons for doing so, to the MWFP staff (namely the
SDO) with copies to the local authorities and the within 14 days of the
first public announcement or appearance of the notice. Assurances will
be made that affected persons have actually received this information
and notification.
1.11.2 Public Consultation Mechanisms
Public consultation and participation will be an essential feature of MWFP. The
project will use public consultation as a platform for providing an opportunity to
inform its project beneficiaries and other key stakeholders. MWFP will use public
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consultation and participation to create sense of ownership for the project. The
consultation mechanism will be devised with the aim of providing people with an
opportunity to present their views and values. It will encourage discussion on and
consideration of sensitive social and economic mitigation measures and potential
trade-offs.
In view of the above, the public consultation, within the context of MWFP, will afford
PAPs an opportunity to contribute to both the design and implementation of its
resettlement activities. Particular attention shall be paid to public consultation with
PAPs, households and homesteads, and host communities when resettlement and
compensation concerns are involved and resettlement is unavoidable option. In so
doing, the likelihood for conflicts will be reduced.
As a matter of strategy, the MWFP public consultation shall be an on-going activity
taking place throughout the entire project cycle. Hence, public consultation shall take
place during the:









Project inception and planning;
Screening process;
Feasibility study;
Preparation of project designs;
Resettlement and compensation planning;
Drafting and reading/signing of the compensation contracts;
Payment of compensations;
Resettlement activities; and
Implementation of after-project community support activities.
The MWFP public consultation and participation shall take place through local
meetings, radio and television, request for written proposals/comments, completion of
questionnaires/application forms, public readings and explanations of the MWFP
ideas and requirements.
The MWFP public documents shall be made available in English and Arabic at the
national, local and homestead levels and at suitable locations including the official
residences/offices of village governments and village elders.
The MWFP public consultation measures shall take into account the low literacy
levels prevalent in the rural communities, by allowing enough time for discussions,
consultations, questions, and feedback.
1.12 Monitoring and Evaluation Arrangements
Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have
the following objectives:
 Monitoring of specific situations or difficulties arising from implementation and
of the compliance of implementation with objectives and methods set out in the
RAP/ARP;
 To verify that project activities have been effectively completed with respect to
quantity, quality and timeliness; and
 Evaluation of medium and long-term impacts of resettlement on affected
households’ livelihood, environment, local capacities and economic development.
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In carrying out all activities related to monitoring, evaluation and supervision,
consideration will be given to the vulnerability issues. The different vulnerable groups
referred to above should be consulted during the monitoring process in order to ensure
that their concerns are handled fairly. Regular monitoring of the RAP implementation
will be conducted internally, by the PMU, as well as externally, by an independent
monitoring agency hired by the WB.
1.12.1 Internal Monitoring
Internal monitoring of the implementation of the project RAPs will be the
responsibility of the PMU which includes a staff member dedicated to monitoring
results. This should be done in full collaboration with locally devised resettlement
mechanisms. The PMU will oversee the progress in resettlement preparation and
implementation through regular progress reports. The PMU should collect
information every month from the different resettlement committees. A database of
resettlement monitoring information should be established and updated monthly.
Quarterly internal monitoring reports should be prepared by PMU and submitted to
the WB. Quarter reports shall include information about the various monitoring
indicators as presented in Box 1.1 below.
A wide range of tools could serve for monitoring purposes. The previously mentioned
socio-economic survey can serve as a participatory tool for defining monitoring
indicators. Moreover, periodic Participatory Rapid Appraisals (PRA) will allow
consulting with the various stakeholders (local government, Local Committees,
NGOs, community leaders and PAPs). They will involve obtaining information,
identifying problems and finding solutions through participatory means, which may
include key informant interviews, focus group discussions (FGD), community public
meetings, structured direct field observation, and in-depth case studies of problems or
success stories.
Box 1.1 Guidelines for the Monitoring Indicators
The main indicators that will be monitored regularly are the following:
a) Checking that the screening activities that have been carried out in order to
determine the need for the preparation of a RAP
b) Payment of compensation to PAPs in various categories, according to the
compensation policy described in the RAP; with special focus on the vulnerable
groups and no discrimination according to gender, tribal backgrounds or any other
factor
c) Delivery of technical assistance, relocation, payment of subsistence and moving
allowances
d) Delivery of income restoration and social support entitlements
e) Public information dissemination and consultation procedures
f) Adherence to grievance procedures and outstanding issues requiring
management’s attention and equality of access
g) Attention given to the priorities of PAPs regarding the options offered
h) Coordination and completion of resettlement activities and award of civil works
contracts
1.12.2 External Monitoring
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In accordance with WB requirements for consultant procurement, the PMU should
hire an organization for the independent monitoring and evaluation of RAP/ARP
implementation. The organization should be specialized in social sciences and
experienced in resettlement monitoring. The organization should start its work as soon
as the updated RAP has been approved.
The rationale behind hiring an external institution is to ensure that the overall
objective of the resettlement plan is achieved in an equitable and transparent manner.
In addition to reviewing the issues covered by the internal monitoring progress report,
the external agency shall also evaluate and assess:





The competence and effectiveness of the project implementing agencies (PMU);
Adequacy of compensation, development and transitional assistance techniques
provided for the PAPs;
Ability to reach the most vulnerable PAPs;
Consultation and public disclosure of the RAP; and
Effectiveness of the grievance redresses mechanism.
Evaluation, however, is intended to ensure that policies (both Yemeni and the WB’s)
have been adhered to and provide the feedback needed for adjusting strategic
directions. Evaluation, thus, has the following objectives:





General assessment of the compliance of resettlement activities with the
objectives and methods as set out in this RPF;
Assessment of the compliance of resettlement activities with the laws, regulations
and safeguard policies cited above;
Assessment of resettlement and relocation procedures as they have been
implemented;
Evaluation of the impact resettlement and relocation has on incomes and standard
of living, with the focus on the poor and the most vulnerable; and
Identification of actions to improve the positive impacts of the program and
mitigate its possible negative impacts.
While carrying out the evaluation process, the project will utilize:
 This RPF as the guiding instrument;
 Yemeni laws and regulations as described in a preceding chapter; and
 The World Bank’s OP 4.12 on Involuntary Resettlement.
The evaluation of resettlement activities will be part of general assessment and review
activities undertaken for the MWFP as a whole.
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CHAPTER TWO: YEMENI LEGAL AND INSTITUTIONAL FRAMEWORK
This Chapter of the RPF identifies the most relevant elements of the Yemeni legal and
institutional framework in respect of property rights and land expropriation. The
Chapter also includes a review of current institutional arrangements, valuation and
compensation methods, grievance and redress procedures, administrative and court
appeal mechanisms, and legal requirements for the disclosure for information. It also
sheds the light on the main issues and challenges related to land management system
in Yemen.
2.1 Main National Legislation that Regulates Land Acquisition
Yemeni Legislation includes several provisions that regulate the process of declaring
land plots for public interest, the provisions for expropriation and compensation and
the definition of rights of owners and use of communal property. The key subjects
related to land property and land acquisition and the main pieces of Yemeni
legislation that deal with them are summarized in Box 2.1 below:
Box 2.1: Issues Related to Land Acquisition and the Yemeni Relevant Laws6
Public Ownership
Yemeni Constitution, Article 18 , 19 and Civil Law, Articles 118, 119, 120
Private Property
Yemeni Constitution, Article 7 , 20 and Civil Law, Articles 1154, 1159
Common Use of Land
Law no 21 of 1995 concerning State Land and Real Estate and The Republican
Decree 170, 1996
Waqf / Endowment Land
Waqf Law no 23 year 1992 and The Republican Decree 99, 1996
Agriculture Land
Yemeni Constitution, Article 7, papra (C) and Civil Law, Articles 761, 765, 770, 1159
Neighborhood Rights
Civil Law, Articles 1161, 1163, 1164
Squatters
Law no 21 of 1995 concerning State Land and Real Estate, Articles 58, 59
Land acquisition issues for the public interest
Law no 1 of 1995 (The Public Eminent Domain Law)
 Articles 1, 2 (defining projects for public interest)
 Article 4 on the administrative procedures for land acquisition
 Article 6 on the mutually agreed procedures for land acquisition
 Article 7 on the judicial procedures for land acquisition
 Articles 12 – 16 on temporary acquisition
 Articles 21, 27 provide general provision on acquisition
6
The source of information presented in Box 2.1 above are cumulative from various previously
prepared RPFs for other projects in Yemen as indicated in the List of References. Several pieces of
laws that were referred to along this chapter have also been reviewed by the consultant.
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2.1.1 Land Ownership within the Yemeni Legislations Framework
Land ownership is based mainly on the principles of Islamic law (Shari’a law). The
main types of land are categorized in Figure 2.1 below.
Figure 2.1: The Categorization of the Main Types of Land According to Yemeni
Law
Type of Land
Privately Owned
State Owned (miri)
Communal Property
Religious Land
(Waqf)
Land used by
Squatters
Land for Neighborhood Rights
Barren Land
Other Types of Land
Desert Land
White Land
Marafeq Amaa
2.1.2 Privately Owned Land
Privately owned land covers all land held in private ownership, urban or rural, which
is neither waqf nor miri. It is subject to Sharia Law which dictates that the direct
descendents of the rightful owner will inherit the land on the death of the owner, and
only if this is not possible indirect descendents may inherit it. Private land may be
Freehold, in which case certain interests are owned in perpetuity, or Leasehold, where
certain interests are for a specific period. Other than that, privately owned land is
administered under customary law through a "Title Deed" or other contractual
document signed by a religious authority or a sheikh who is also responsible for
ownership records. While this practice provides for the availability of information on
tenure, boundaries and other features, there is often conflict between these documents
and the details shown in cadastral records. Private land property is also governed by
the constitution and the Civil Law as indicated below:
Box 2. 2: Yemeni Legislations Governing Private Land Property
Constitution
Article 20
Public appropriation of property is forbidden. Private appropriation is unlawful without
judicial decision
Article 7 Paragraph (c)
“Private property shall be respected and protected. Actions contrary to what have been stated
will be taken if and only if it is absolutely necessary and is in the best common interest and
against fair compensation in accordance with the Law.”
Civil Law
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Article 1159
The article does not give the right to anyone to deprive any other of his property except in
accordance with the provisions of jurisprudence and the procedures described therein, and
against fair compensation in accordance with the law.
Article 1154
“Only the owner of the entity can benefit from it, use it and exploit it as he wishes but within
the limits of the provisions of the Jurisprudence laws.”
However, the practical application to private land management issues confronts many
challenges including:
 No full inventory of privately owned land exists;
 The growing confusion over communal land and the privately owned land which
result in lack of clarity and conflict;
 There is a trend toward increasing private appropriation of communal land;
 The overlapping responsibilities between the locally-based traditional systems and
the central government;
 The intervention of central government;
 There is little public confidence in the Land Registry, mainly in the rural areas
where owners depends on local community leader for obtaining documents / deeds,
which is the base for non-registered land, and Sheiks who are the prime
beneficiaries of land conflict cannot be neutral arbitrators; and
 An ineffective court system overburdened with land conflict cases and the absence
of defined classifications for the issues related to land acquisition in the Civil Law.
2.1.3 State–Owned or Government Land (Miri)
This is defined as whatever the State or public bodies actually own, or own in
accordance with the law. Such property shall not be disposed of or confiscated.
Individuals shall not be entitled to the ownership of such property as long as it
remains public. Any other form of property shall be considered private whether
owned by the State or public bodies or owned by an individuals. State-owned land is
discussed in Article 18 and 19 of the Constitution and Articles 118 - 120 of the Civil
Law and Law no. 21 of 1995.
Government land7 is land which was previously the property of the formal Royal
family and was taken over by state upon the formation of Yemen Arab Republic in
1962. It consist of large areas of open land, land for military use, land on which public
service buildings (schools, hospitals and ministries) are built and land granted by the
Government for public utility, i.e. roads and streets.
7
Public property is defined under Article 118 of the Civil Law as: Whatever the State or public bodies
actually own, or owns in accordance with the law, such property shall not disposed of or confiscated.
Individuals shall not be entitled the ownership of such property as long as it remained public other than
this form of property shall be considered as private whether owned by the State or public bodies or
owned by an individuals.
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Box 2.3: Yemeni Legislations Governing State/Government Land Property
Constitution
Article 19
Public property and assets have certain inviolability, which should be protected and
safeguarded by the state and all civilians. Any infringement or transgression of such
property or assets is an aggression and sabotage against society as a whole. The
perpetrator of such wrong-doing shall be punished in accordance with the Law.
Article 18
Public property, funds, assets and property owned by the state or public body
corporate, and shall be allocated to public benefit in deed or pursuant to a Law or
resolution. Such funds may not be disposed of or be confiscated or put in the
possession of individuals as long as these remain public. Individuals or persons may
benefit from public funds according to the purposes for which they are designed and
in line with the Law. Other than that, funds are private property irrespective of
whether owned by the state body corporate or natural persons.
Civil Law
Article 118 (Defines Public Property as explained above)
Article 119
Public Property shall lose its identity by actually ending the purpose for its use as
Public Property, or in accordance with a law or a resolution or by ending the purpose
for which it has been assigned as public utilization.
Article 120
The State and Public Bodies may deal with its property in all forms of dealings
indicated in the law. Barren lands not owned by any person shall be considered
permissible to all, the State or the individual may possess ownership in accordance to
what is indicated by the law.
Law, No.21 of 1995 concerning State Land and Real Estate
Under this Law, State lands are also deemed to include the following:
 White lands: Land which is situated outside the boundaries of official urban plan
and connected with surveyed lands. Such lands are situated within the structural
plans of cities;
 Al Muraheq Al Amma: mountains, hills and steep slopes that receive and discharge
rain water and the Great Wadis through which the collected flood water runs;
 Coasts: their natural protected boundaries and semi-depopulated islands;
 Barren land: open or abandoned land, forests, sand areas and land covered by sand,
where not otherwise the property of an individual; and
 Land and estate not owned by an individual and with no inheritors according the
principles jurisdictions of Sharia Law.
2.1.4 Communal Land
Communal land is primarily used for grazing and firewood collection. Customary law
entrusts sheikhs with the management of communal land but there is a trend towards
increasing private appropriation by traditional natural leaders in villages (Sheikhs). In
recent years, as land speculation has increased, especially in areas close to towns
where there is a growing confusion between communal land and the land they own
privately. There is a trend towards increasing private appropriation of communal land.
Customary law entrusts sheikhs with the management of communal lands, primarily
used for grazing and firewood collection.
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Box 2.4: Yemeni Legislations Governing Communal Land Property
Republican Decrees
Republican Decrees no. (170) of 1996 concerning law no. 21 of 1995 of Lands and
Real Estate:
Defines it as an annex to cultivated land if it is adjacent to it, and if the average height
of the Common-Use Land is not greater than twenty degrees, or similar. If the average
height of the Common-Use Land is greater than this average then the slope must be
measured from the demarcation line between the Common-Use Land and the
adjoining cultivated land such as mountains, mounds, and slopes that constitutes rain
water catchment areas and run-off routes. Among Common-Use Land is the ‘great
rain water run-off route’ which constitutes the main rain water flow route into which
branch routes discharge their content.
Article 2 of the Republican Decree concerning Law No. 21 dated 1995
concerning State land and property, Article 41 of the Law referred to above
Provide the following definition: “Common-Use Land are considered to be fully and
completely owned by the State.”
Law no. 21 of 1995 concerning State Land and Real Estate
Article 43
The right of ownership of the ‘Raqabah’ by owners of land which is adjacent to
Common-Use Land does not take effect in accordance with the provisions of the
previous Article (above) until after the expiry of the common benefit rights of
neighborhood in these Common-Use Lands.
Article 44
The right to benefit from Common-Use Land or from parts of it and which is owned
by the State remain to all whether for grazing or logging for firewood or others. The
State cannot violate these rights except when these violations are in the best interest of
all.
Article 46
Cultivated steps that pass through Common-Use Land or those which will be
constructed in future outside the limits of main cities will be considered as private
property of their owners before the issue of this Law.
Articles 163 – 165 of the Republican Decree No. 170 - 1996 (the executive bylaw
of the Law concerning State owned land and properties No. 21)
“State Properties Authority or its offices in the governorates is to identify the State’s
Common-Use Lands, fix their positions, calculate their total areas, measure their
slopes and then put them on special maps. Copies of these documents and maps must
then be distributed to Trustees and authenticating offices in each city, and to Property
Registration offices so that no document shall be issued with regards to dealing with
these lands except after securing the express permission of the State’s Properties
Authority.” Those concerned should approach the Authority or its concerned office
with respect to sorting and identification of Common-Use Land they are interested in
accordance with the provisions of the Law mentioned above.
2.1.5 Endowment / Waqf Land
Waqf endowment means “Arrest (freezing) of assets and the disbursement of benefits
(profits, rents etc) in seeking God’s favour.” Waqf is of two types: family Waqf and
charitable Waqf.
There are three main types of Waqf property:
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1- Inner Waqf: comprising all mosques and their land in urban areas and properties
held in the rural areas whose revenues are used for the benefit of urban mosques;
2- Outer Waqf: comprising all mosques and their land in rural areas used for the
upkeep of mosques and religious institutes in villages; and
3- Private Waqf: land in private ownership where a portion of income is donated for
religious purposes and remains an encumbrance on the land in perpetuity.
Box 2.5: Yemeni Legislations Governing Endowment/ Waqf Land
Constitution
Article 22
Endowments have sanctuary rights, and those responsible for it have the duty of
improving and developing their resources in a manner that fulfils its objectives and
the jurisprudence requirements.
Waqf law no. (23) 1992 and Estates Republic Decree No. (99) 1996
Defines leasing Waqf Lands.
2.1.6 Agricultural Land
Agriculture Land: This is defined as actual cultivated lands or lands that are
prepared for cultivation. The legislations that regulate the management of agriculture
land are Article 7 of the Constitution and Articles 527, 756, 1159, 761, 765 and 770 of
the Civil Law.
Box 2.6: Yemeni Legislations Governing Agricultural Land
Constitution
Article (7) paragraph (c)
Private property shall be respected and protected and shall not be infringed except
when justified by necessity and for the public interest, this shall be in return for a fair
compensation according the law.
Civil Law
Article 527
Registering the contracts emphasizes that in selling lands, ownership as a result of
sale shall not be transferred between the contractees or for others except from the time
when the deed of sale is registered in the records prepared for this purpose and in
accordance with the special laws.
Article 756
Permits the leasing of agricultural lands and other type of lands according to the
consent of the contractees.
Article (1159)
It is not permissible for anyone to deprive any other person from his rightful property
except when it is allowed by the jurisprudence law (Islamic Law) and in a manner
stated in this law and with a fair compensation
Article 761, 765 and 770
Defines the terms plantation, farming and irrigation respectively.
2.1.7 Land for Neighborhood Rights
Yemen Civil Law, Article 1161, explains what is meant be neighborhood rights by
stating that an owner must not exercise his rights excessively to the extent of causing
harm to the property of his neighbor, nor should the neighbor blame his neighbor for
any unavoidable harm that may suffer as a result of being neighbors. This is regulated
by Articles 1161, 1163 and 1164 of the Civil Law.
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Box 2.7: Yemeni Legislations Governing Neighborhood Rights
Civil Law
Article (1161):
Explains what is meant by neighborhood rights, as above.
Article (1163):
If an owner builds a water duct or canal in his property, then it does not become
permissible for his neighbors to use unless after reaching an agreement. Thereafter if
what has been agreed upon is implemented, the participation of the neighbors with the
owner in the cost of construction and maintenance are indications of the satisfaction
of the owner.
Article (1164):
The owner of a land must allow sufficient water to flow through his land to irrigate
pieces of land that are far from the source of water, or to allow the flow of surplus
water for discharge into a nearest discharge point, against affair compensation. If a
piece of land through which passes a water stream suffers harm or damage then the
owner has the right to demand a fair compensation for suffering such harm or
damage. While, on the other hand, an owner who has through his land right of flow or
discharge cannot prohibit the normal flow even if it causes harm.
2.1.8 Laws Governing Squatters
Squatters are those who undertake controlling for any Lands or Estates which are
owned by the State. Law 21 of 1995 on Land and Real Estate is the most important
law that deals with squatters and their rights, particularly under Articles 58 and 59 as
stated below. In particular the rights of squatters are seen to have potential relevance
to the project (as explained in section 1.1.4 above).
Box 2.8: Yemeni Legislations Governing Rights of Squatters
Law no. 21 of 1995 on Land and Real Estate
Article 58:
Every normal or legal person has undertaken controlling before the issuance of this Law for
any Lands or Estates which are owned by the State, is considered aggressor and shall be
punished by the punishment which is stipulated in the Article No (48) of this Law, and it
shall be exempted from this punishment everyone has initiated by writing informing the
Authority for what he/she is controlling provided that the informing shall contain statement of
the Land Site, its area and any another information, and what has been created in this Land by
him/her after the aggression, during a maximum period of three months begins from the
announcement date which is issued by the Authority through the different media, anyone has
delayed of this deadline would be treated as aggressor on what he/she is controlling of Lands
and the Authority in coordinating with the security and judiciary bodies shall undertake the
ensuring measures for recovering the land by legal methods and pursuit the aggressors and
handing them to the judiciary.
Article 59:
Every one of those controllers has informed the Authority on time according to the Provisions
of Previous Article, the right for purchasing or renting for the land, which is controlled by
him/her. If the land use was contrary of the detailing designs, he/she has the right to get
another plot as alternative in the area to fulfill the objective of the previous land use, which
he/she was intending to implement this objective as much as possible, and it a Technical
Committee shall be formed for estimating the selling or renting prices of these Lands
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according to the principles and standards which shall be set forth by the Minister's Decree for
formation the Committee with due consideration of the situations of limited income holders.
2.1.9 Other Types of Land
 Barren Lands: defined as open left lands or lands that are deserted
 Desert Lands: sandy lands, or lands that are covered with a sandy layer
 White Land: lands that are situated outside the boundaries of the detailed plans
and that are connected with surveyed lands, such lands are situated within the
structural plans of cities
 Al Murafeq Al Amma: mountains, hillocks and inclinations that receive and
dispose rain water. Great Wadis through which the collected flood water runs are
considered as part of Al Muraheq al Amma
2.2 Land Acquisition: Key Issues and Procedures (Law 1 year 1995)
Law No. (1) of 1995 “The Public Eminent Domain Law” aims at locating and
identifying State Lands and Estates8, and putting into place plans that identify such
lands, protect and maintain them by any kind of aggression. Public ownership is
whatever by nature or what has been prepared for public use, after a fair possession
for public interest No. 21 of 1995. It regulates Land Acquisition for the Public
Interest.
According to Article (1) of this law, Ministries, authorities and general institutions
may carry out acquisitions for the public interest when justified by necessity in return
for a fair compensation in accordance with this Law of real estate and all their content
inclusive of land for the purpose of the execution of projects that bear public interest.
Article (2) of the same Law states: "Projects of Public Interest” as all that is related to
vital projects that have no other alternatives like 1) water sanitation installations,
sites of mineral, oil, and gas resources, airports, harbors, dams and irrigation and
water supply projects and 2) shelters, trenches and access and all types of installations
required by security and defense and vital projects which have other alternatives
like 1) mosques, cemeteries/graveyards, schools, institutes, universities, hospitals,
military camps/barracks, police stations, slaughter houses, orphanages, roads and
markets, 2) industrial zones, agricultural installations, electricity projects,
communications and postal services 3) national parks, squares, sport clubs, cultural
centers, tourist facilities, housing installations and construction works and projects
that are related to the executions of approved development and investment plans.
Article (3) of the same law states that, in all cases, the act of acquisition of properties
of citizens is only reverted to when it is found that no property owned by the state
satisfies the purpose for which the act of acquisition is carried out.
8
Lands and Estates where ownership belongs to the state; or that prove to be owned by the state
according to document, deeds, or any other legal justification, or barren lands, forests and jungles if
they are not a permanent property of an individual, or coast and their natural protected boundaries and
semi depopulated islands, or lands and estates that are not owned by an individual, and which have no
inheritors according the principles jurisdictions of the Sharai'ah Law or, finally, any lands that are
considered according to the jurisdictions of the existing laws a State property.
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Figures 2.2 Types of Land Acquisition Procedures and the Regulating Laws
Types of Land Acquisition Procedures
Administrative
Acquisition
Dealt with
through
Articles 4
& 5 of Law
(1), 1995
Judicial Acquisition
Dealt with
through
Articles 7:
11 of Law
(1), 1995
Amicable / Mutually
Agreed Acquisition
Dealt with
through
Article 6 of
Law (1),
1995
Temporary Acquisition
Dealt with
through
Articles 12:
16 of Law
(1), 1995
Annex III of the RPF provides summary of the articles related to the administrative,
judicial, amicable and temporary acquisition. Annex III also includes more general
articles from Law 1 year 1995 on acquisition procedures.
2.3 Institutional Arrangements
2.3.1 General Authority for Land Survey and Urban Planning (GALSUP)
Subject to law of Land and Real Estates no. 21 of 1995, the General Authority for
Land Survey and Urban Planning (GALSUP) was established under the Presidential
Decree no. 35 of 2006 which merged the Survey and Notary Public Authority with
Planning Department (formerly an affiliate of General Works & Roads) in General
Authority for Land Survey and Urban Planning (GALSUP) which became responsible
for all land related tasks; planning, preparation, concession/ ownership contracts,
notarization and executing expropriation process with assistance from technical
experts contracted by the concerned ministry. GALSUP encompassed the following
departments:
Land Department
This department is in charge of site inspection of the lands to be
issued for sale, presentation of technical reports about the safety
and borders of the site prior to reference to authentication
department and finalization of all legal and financial measures.
Planning
Department
This department is chaired by an engineer and assisted by
engineers who are responsible for preparation of layouts, their
reference to the planning department, setting out in land and
photogrammetry.
Notary Public
Department
Registration of the estate property in the owner’s name,
priorities and facilities.
Control and
Inspection
Department
This is one of the important offices for its daily follow-up and
control of any violations, whether infringement upon state land,
building on unplanned land/without licenses. It imposes fines
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and refers the violators to the prosecution.
Under Decree 35 of 2006, GALSUP is responsible for executing expropriation
process with assistance from technical experts contracted by the concerned ministry.
The Authority will appoint an EC to estimate the property value for those who have
title. If public land is occupied without title, a special Technical Committee set up by
the concerned ministry will assess its value.
2.3.2 The Ministry of Public Works and Highways (MoPWH)
Governmental rural land is administered by the Ministry of Public Works and
Highways (MoPWH). It also overseas the administration of government-owned tribal
land by tribal or village leaders. The office for Public Works and Highways
(represented by the Ministry on the governorate level) plays a vital role in issuing
building licenses according to the recognized legal procedures and measures.
Therefore, building control and citizen’s compliance with laws shall have positive
impact on building safety, non-violation and avoidance of demolition in case of works
on public roads (i.e. road pavement), city reorganization and its consequent layout
changes, owners’ exposure to certain damages and compensation methods undertaken
according to ownership law.
2.3.3 The Ministry of Finance (MoF)
The Department of Public Domain maintains urban land records such as registers of
transactions, sales, and purchase leases.
2.3.4 Local Councils
According to the Local Administration Law (number 4/2002), the Local Councils
represent the executive authority on the level of governorates. This law grants the
right for the local authority to participate in all aspects of health system. According to
this law the administrative bodies at the governorates or directorates, represented by
the elected members of the Local Councils in addition to the Governor or the General
Secretary of the governorate or the directorate are authorized to plan, prepare budgets,
and manage human resources and infrastructure various project including any
associated resettlement that might be encountered.
They are represented by governors. They play a role in the control of resettlement
processes thanks to the executive decrees and instructions of the central organizations
and formalization of informal cases. A significant role was played by the executive
authorities in organizing the resettlement process (involving IR) in many previous
cases in Yemen. Examples of this include a case in Aden Governorate, where
measures were adapted for the displaced persons of Caltex shipping village. The role
played by the governorate included paying compensation to the affected persons. In
Hadramout, the governor also formed high committee headed by Mukalla local
council in order to formalize the situations of squatter residents.
Local Resettlement Committees (LRC) are considered to be local mechanisms formed
by the local authorities in some governorates to deal with resettlement. This
mechanism is a positive model that encourages community participation in solving
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the resettlement issues. These committees, to a large extent, comply with the WB OP
4.12.
2.3.5 Additional Mechanisms
Under Articles 18 to 20 of the Law of State Lands Real Estates of 1995, the Minister
of Justice established a permanent or temporary EC in every governorate (or for each
individual case) that comprised a judge, who takes the role of chairman, an engineer,
a representative of the expropriating authority, and the owner(s) of the expropriated
real estate or their representative. If there are many owners and they cannot agree on a
representative, he/she shall be chosen on a majority basis, taking into account the
percentage ownership, or selected by the Chief Justice of the Court of Appeal.
When assessing compensation, the EC will therefore take account of:
 Prevailing real estate values within the project area.
 The condition of plants, buildings and installations, dates of construction, and the
damage to be imposed.
 Any resulting improvement in the location of, or benefit from, the remaining parts
of the real estate, or an increase in its value as a result of partial expropriation.
 Other factors identified by the EC.
 If the remaining portion of a partially expropriated estate becomes useless, the court
should order the expropriation of the whole estate.
In accordance with Article 59 of the Real Estates Law, the EC must recognize the
rights of squatters on public land to receive compensation for involuntary settlement.
Legal guidelines of compensation differ between the different types of expropriation.
For all, compensation payments are to be made prior to commencement of the project
works.
Local authorities in some governorates like Hadramout and Aden also initiated local
resettlement committees (LRCs) which included, inter alia, representatives of the
local authorities, owners’ representatives and some community leaders. The LRCs
objective was to find solutions for resettlement cases, both those that have already
been done as well as potential cases. Their assistance was focused on individuals who
have no legal documents (squatters). Efforts were made to compensate those
individuals by providing them with access to appropriate sites with basic services.
These procedures and efforts had a positive impact on the resettlement process for
those individuals.
It is worth mentioning that such a local mechanism complies to a large extent with
World Bank safeguard policy (OP 04.12) in terms of encouraging local community
participation in resettlement.
2.4 Main Challenges Related to Land Ownership and Institutional Capacities
Land ownership issues are complex in Yemen, and are beyond the scope of a project
to resolve. Land tenure issues may raise unpredictable legal impediments that can stop
a project or may require removal of already constructed infrastructure to the detriment
of timely project implementation.
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The customary law of the Yemeni tribes recognizes the importance of avoiding harm
and damage to property. It facilitates actions in order to improve resettlement
implementation. In rural areas, customary law entrusts sheikhs with the management
of communal lands, primarily used for grazing and firewood collection. The Public
Eminent Domain Law (Law 1 of 1995) clearly states that property and/or land
expropriation is to take place only when no suitable public land alternative is
available and fair compensation should be provided. Article 1166 of the Civil Code
no. 19 of 1992 states that no one can be deprived of property except according to
various relevant laws and in exchange of fair compensation.
However, and despite the fact that Yemen may have legal framework and regulations,
practical application is confronted with many challenges including the growing
confusion over communal land and privately-owned land which has resulted in lack of
clarity and a source of conflict. As previously mentioned, there is a trend toward
increased private appropriation of communal land. There is also little public
confidence in the Land Registry, mainly in the rural areas, where owners depend on
local community leader for obtaining documents / deeds, which serve as the base for
non-registered land.
At the current stage, no unique institution is in charge of the resettlement and
compensation issues. These issues are dealt with through a number of institutions as
explained above. GALSUP, MoPWH and the Local Councils are the relevant
governmental organizations that have roles and responsibilities related to land
acquisition, resettlement and compensations. In many cases, the overlapping
responsibilities and the bureaucratic procedures lead to delayed responses to the PAPs
in terms of paying their compensations and listening to their grievances. This, in turn,
may result in a troubling situation and entering into judicial procedures which are
long and complicated. There are usually complaints related to the unfair estimation of
compensation for the various losses in assets. This, in turn, has resulted in lack of trust
among people who are entitled to compensations from the respective authorities.
Within the context of weak governance in Yemen, law enforcement is challenging
and the judicial system also exhibits weaknesses due to the absence of exact
definitions for the issues related to land acquisition within civil law. This calls for
alternative measures to ensure the issues set out and protected by law are addressed.
Thus, it is necessary that the RPF take the social context into account and adapt to
local conditions.
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CHAPTER THREE: GAPS BETWEEN YEMENI LEGISLATION AND THE
WORLD BANK OP 4.12
This Chapter of the RPF presents the main gaps between the Yemeni legislation of
relevance to land acquisition and involuntary resettlement and OP 4.12 of the World
Bank. The Chapter also propose specific measure to bridge the gas between the two
sets of legislations. The Chapter also presents the capacity building needs in order for
the concerned authorities to apply the proposed measure and implement an efficient
resettlement program.
3.1 Discrepancies between Yemeni Laws and OP 4.12
Many of the Yemeni pieces of legislation comply with the World Bank safeguard
policy OP 4.12. However, some key discrepancies have been identified during the
legislation review and the consultation with stakeholders.
3.1.1 Calculation and Timing of Compensation
Both Yemeni Laws and the World Bank agree on the need for compensation for any
land and structure affected by project activities. Under Yemeni laws, the value of the
affected land or structure is assessed by the Estimation Committee (EC) and payment
is made prior to displacement in case compensation is alternative land. OP 4.12
clearly provides methods to be used to calculate land and/or structure compensation
rates, and requires evidence that these rates are consistent with the policy principle of
full replacement value (please refer to Table 3.2 above). OP 4.12 also states that
payment should be made prior to displacement.
The gap in the Yemeni legislation mainly relates to the practical application of the
law. Previous experience suggests valuation is often substantially below full market
replacement value because no real valuation is done. There is a lack of experience and
the value of equivalent real estate is not properly identified.
Recommended Measures for Bridging the Gap:



Build the capacity of the concerned authority on Bank’s OP 4.12 with the
focus on calculation of compensation at full replacement cost;
For a longer term recommendation, which might be out of the direct scope of
this RPF, longer term strategy and plans to address the weak implementation
mechanisms of the Yemeni organizations should be considered; and
Payment should be made prior to displacement in all cases.
3.1.2 Definition of Affected Persons (PAPs)
The Yemeni legislation (according to Law no. 21 of 1995) includes two main
categories of affected groups, namely legal owners and squatters. OP 4.12, however,
includes all affected people owners/squatters, regardless of the size of the damage
(housing/economic activity) and its extent.
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Recommended Measures for Bridging the Gap:
All affected people should be eligible for full compensation. Any PAPs from housing
dispossession /economic activity shall be entitled to compensation as stated by the OP
4.12.
3.1.3 Public Participation, Consultation
The Yemeni Constitution, Election Law and Local Administration Law each
recognise the importance of community participation, but no specific procedures or
guidelines on the practical application of community participation are given.
According to Law no. 21 of 1995, PAPs should be informed about the resettlement
decisions through the compensation committees that negotiate with them and gather
information about asset inventory, number of family members, etc. On the other hand,
and according to OP 4.12, displaced persons and their communities are provided
timely and relevant information, consulted on resettlement options, and offered
opportunities to participate in planning, implementing, and monitoring resettlement.
Community participation, thus, is perceived as a key ingredient in the process of
resettlement.
Recommended Measures for Bridging the Gap:
Through the LRC (in case this has been formed) and the FFC, which includes
representatives from various stakeholders, PAPs could be consulted and participate in
selecting the preferred resettlement alternatives that suit them.
Efforts should be made to ensure sharing of information on the resettlement process
and the options for compensation and consulting APs during the different stages of
the resettlement process (planning, implementation, monitoring, etc.) as stated in OP
4.12. The PMU should play a role in facilitating the consultation activities and in
ensuring that PAPs’ preferred options are addressed through employing participatory
planning and decision making to be applied in resettlement options and compensation.
PMU also should work to ensure timely transparent information sharing, particularly
information related to the cut-off date and paying compensations.
3.1.4 Grievance Mechanisms
Under Article 51 of the Constitution, any citizen may resort to the court for the
protection of his right and legitimate interests, and is entitled to lodge complaints,
criticisms, and suggestions to state entities and organizations, directly or indirectly.
The Yemeni law provides for the right of grievance before the Estimation
Committee/courts. To address grievances, PAPs can first seek satisfaction through
local customary practices for resolving conflict. They can then initiate legal
proceedings in accordance with provincial national law. However, there is need for
proper and practical mechanism to address PAP grievances.
According to the OP 4.12, appropriate and accessible grievance mechanisms should
be established in order to ensure that PAPs clearly articulate grievances and that
actions are taken to respond to these grievances.
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Recommended Measures for Bridging the Gap:
Gaps between the Yemeni law and World Bank requirements on consultation and
grievance mechanisms could be addressed by:
 Proper and accessible mechanisms to be established with initiation from the PMU
and with full cooperation from various stakeholders, namely those represented in
the LRC; and
 Grievances should be heard prior to resettlement.
3.1.5 Vulnerable groups
Vulnerable groups are inexistent in the Yemeni legislations. According to the Yemeni
Constitution, all people are equal in front of the law and no exceptions are considered.
According to the OP 4.12, the interests of the vulnerable groups should be considered,
especially for those below the poverty line, the landless, the elderly, women, children,
etc.
Recommended Measures for Bridging the Gap:


The PMU should pay great attention to these groups particularly the poorest and
those with unsecured sources of income. PMU should lead the efforts to attract the
attention of various concerned stakeholders, including Local Councils and NGOs.
Vulnerable groups should be consulted meaningfully throughout the project cycle
and assisted in improving their socio-economic condition.
3.1.6 Resettlement assistance
According to Yemeni Legislation, the resettlement compensation is only limited to the
compensation amount valuated by the ad hoc committee, in addition to providing all
the needed services. On the other hand, the WB OP 4.12, affected people are to be
offered support after displacement, for a transition period.
Recommended Measures for Bridging the Gap:
In addition to the paid compensation based on the decision of EC and upon the
preferred alternatives for the PAPs, resettlement assistance during the transition
period should also be considered, as well as the provision of all services for
resettlement area.
3.1.7 Rights of Squatters
Yemeni law recognizes the rights of squatters on public land to receive compensation
in the event of involuntary settlement, but enforcement is weak.
Recommended Measures for Bridging the Gap:


Build understanding and capacity to ensure that rights of the squatters are
addressed properly;
Include the provision of clear guidance to the EC on how compensation standards
are set and applied; and
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Raise public awareness of squatters and the public on their rights and
responsibilities to demand their rights from the State as appropriate within laws
and regulations.
3.2 Capacity Building Needs
Capacity building is seen as a major and important guarantee for the efficient
implementation of the RAP/ARP and in order to ensure efficient implementation for
the measures that aim to bridge the identified gaps between the Yemeni laws and OP
4.12.
As mentioned above, many institutions already have a stake in the process (e.g. the
GALSUP, MoPWH, Local Councils). Other mechanisms/community models (e.g.
LRC) already exist or will be introduced/encouraged to participate in order to
implement the RAP/ARP (LRCs, NGOs, Cooperatives, etc.) in the relevant cities, in
case the RPF is triggered. A comprehensive institutional assessment should be
conducted in order to identify the key challenges that they face and the capacity gaps
that they need to fill in order to implement the RAP/ARP.
Under the MWFP, PMU has been established in the MoEE Sana’a where all fiduciary
safeguarding, monitoring and reporting will remain centralized there. The PMU will
play a major role in the implementation of the RAP/ARP guided by this RPF, in case
IR is triggered. Currently the PMU experience related to the involuntary resettlement
is still limited, capacity building on relevant issues related to the execution of the
RAP/ARP is also very important in case IR is undertaken. Tailored capacity building
programs should also target the PMU staff, particularly the Social Development
Officer (SDO) who should be the primary target with the capacity building. M&E
staff within the PMU should also be included in the capacity building program.
The capacity building needs assessment is expected to show findings which are not
merely linked to the need for training on the different subject; a need for institutional
support might emerge. The overlapping responsibilities and a lack of coordination
channels among the organizations of relevance to resettlement and compensation are
key issues of priority. Although this is out of the direct scope of MWFP, unless these
issues are addressed, land management and resettlement programs will remain a big
problem in Yemen.
As part of the proposed capacity building program, training on different relevant
subjects is also essential to enable the various organizations/mechanisms to
implement the RAP/ARP. It is recommended for the training programs to include two
main large modules:
 The first is related to the legal part of the resettlement issue
 The second should be linked to community participation, which is an essential
ingredient for the RAP/ARP that is prepared under OP 4.12 (as shown in Figure
4.1 below)
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Figure 3.1 PAPs Consultation and Participation in the RAP/ARP along the
Project Cycle
 PAPs participate in the
introductory meetings
 PAPs are informed about
the project and RPF
 PAPs are consulted during the
socio-economic survey
 Ensure PAPs views and
concerns are concerned
 Participate in evaluating
the RAP/ARP process
by being consulted
(4)
Project
Monitoring &
Evaluation
(1)
Project Identification /
Preparation
Project
Cycle
(3)
Project
Implementation
 PAPs will be part of the
compensation contracts
 PAPs will be given the chance
to express grievance and
redress
(2)
Project Appraisal
/ Approval
 Communities (PAPs) are
informed about the approved
RAP/ARP
Although both the modules are seen to be relevant to different institutions, it is
recommended for the LRCs, Local Councils, NGOs or those who might be engaged
in the resettlement process to focus in-depth on the second module as it will be very
much linked to the practical application.
The following topics were identified for training of the concerned organizations:
RPF-Related Issues
 Yemeni legislation related to resettlement;
 WB OP 4.12 (PAPs, eligibility criteria, assets valuation, compensation,
entitlements); and
 The gaps between Yemeni legislation and WB safeguard policy and activities to
fill in those gaps.
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Methods for Engaging and Consulting Stakeholders (particularly PAPs)
Community participation tools (PRAs tools, Social Assessment surveys, etc.)
Developing social mitigation measures
Communication skills
Dispute resolution
Community mobilization
Awareness raising techniques
Monitoring and evaluation (tools and techniques)
IT training (word processing, data analysis and internet)
Documentation and report writing
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Annex I: The Process of RAP/ARP preparation and the different resettlement
steps within the project cycle.
Introduction to RAP/ARP
The RAP/ARP is the most important resettlement instrument that will be applied
should IR be undertaken. RAP/ARP should assess the number of PAPs, propose
alternative locations for the sub-projects if possible, identify the eligibility criteria,
include provisions for compensation and assistance, and address the means by which
the project monitoring and evaluation will take place to ensure that the PAPs receive
their compensation and that their grievances are heard and addressed. The mitigation
measures and compensation policies proposed in the RAP shall be disclosed to the
PAPs for feedback and comments.
Once the project activities under the MWFP have been identified, they should be
screened by the PMU to determine whether or not they will necessitate the
involuntary resettlement of people within the determined project area. Most likely, no
need for IR will arise along MWFP cycle, consequently the whole process of
RAP/ARP will not be applicable. However, for the purpose of this RPF, the following
section will present the main steps for the preparation of the RAP/ARP.
According to Annex A of the WB’s OP 4.12 on IR, the sub-project RAP should the
following design criteria:
Box I: Design Criteria for RAP
 A description of the sub-project and a discussion of how the displaced will
maintain or upgrade their living standards
 Identification of potential impacts
 Objectives of RAP
 Site selection for new settlement, along with relocation risks and
reconstruction;
 A census survey of displaced persons and valuation of assets
 Relevant findings of the socio-economic study
 Legal framework
 Institutional framework
 Eligibility criteria and eligible PAPs
 Valuation and compensation for losses
 Services offered after relocation (e.g. employment , electricity, etc.) based on
an assessment of their needs
 Resettlement measures
 Site selection, site preparation, relocation, provision of services (facilitation of
relocation)
 Housing, infrastructure, and social services
 Environmental protection and management
 Community participation
 Integration with host populations
 Grievance procedures
 Organizational responsibilities and timetable (what institution is responsible
for implementation of the relocation)
 Implementation schedule
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


Resettlement Policy Framework (RPF)
Costs and budget
Monitoring implementation and outcomes
Evaluation
The same reference also highlighted the key minimum elements that an abbreviated
plan (ARP) should covers. This is listed in Box 3. 2 below.
Box II: Minimum Elements to be included in ARP
 Project activities requiring acquisition of land or other assets with required
details such as sketch maps
 A census survey of displaced persons and valuation of assets
 Officially certified enumeration of the persons affected and the types of
impact
 Entitlements, description of compensation and other resettlement assistance to
be provided and the bases of compensation rates
 Consultations with displaced people about acceptable alternatives
 Institutional responsibility for implementation and procedures for grievance
redress
 Time table for implementation of the action
 Arrangements for monitoring and implementation
 A timetable and budget
RAP/ARP and the Project Cycle
PRA/ARP during Project Identification
Project Screening
During the screening phase, cadastral information might involve gathering
information about land ownership, structures and uses of the land that would be
directly affected by the works, either temporarily or permanently. This information
shall be verified by a qualified consultant who shall provide written and visual records
and enumerate all economic, residential or other ownerships and uses of the land that
would be affected, along with an estimate of the number of people affected by type of
impact.
This same phase should also include conducting introductory meetings with
communities, including PAPs and vulnerable groups, in order to inform them about
the project and to disseminate the prepared RPF and inform people about their rights
and entitlements.
Preparation of the Socio-economic Survey
Following the identification of the project component that may necessitate involuntary
resettlement, the next step would be prepare a socio-economic study, in which
baseline data within the project’s target areas is collected. The study should be
carried out by a social and resettlement consultant assisted by the local community
leaders. It should examine the nature of the impacts; the socio-economic and cultural
setting, local organizations, and social risks, total land holdings, affected assets as
well as the indicators that would ensure that the project affected people, at minimum,
regain their former quality of life or, preferably, are enabled to improve it. The
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information should be collected from PAPs and related household members or
dependents. This information will be put in writing and used in the preparation of the
RAP and in determining the appropriate compensation and assistance for each
affected individual / household. Box 3. 3 below shows the objectives of socioeconomic survey.
Box III: The Socio-economic Survey Objectives
 Introduce the project to the PAPs
 Collect census data to identify PAPs on the individual and household levels
 Description of the affected households including information about livelihoods
and production and labor systems, standards of living and an analysis of their
legal rights and informal entitlements and any issues of potential conflict
 Collect census data to identify vulnerable and severely affected PAPs
 Collect census data on the overall socio-economic environment of the affected
communities
 Statement of the magnitude of the expected loss (total or partial) of assets and
the extent of physical or economic displacement
 Identify stakeholders
 Identify impacts of the sub-project on the livelihoods of the PAP (i.e. property,
structures, income, etc.)
 Identify any concerns or worries the PAPs may have
 Identify the resettlement preferences of the PAPs
Preparation of RAP/ARP
For projects that will trigger IR and will require the preparation of the RAP/ARP,
their preparation should be considered prior to the appraisal phase. The preparation of
the RAP/ARP should consider the key design criteria previously presented in Boxes
3.1 and 3.2 above.
RAP/ARP during Project Appraisal
The prepared RAP/ARP needs to be reviewed by an appraisal committee from the
project team as well as other relevant local or central authorities and then sent for
final approval by the Bank. The RAP/ARP will include the proposed mitigation
measures and this will help in making a decision as to whether or not the project shall
be implemented. The prepared RAP/ARP shall take into consideration the
communities concerns and worries raised in the process of putting together the socioeconomic survey. The WB should clear the RAP/ARP and approve it for
implementation.
RAP/ARP during Project Implementation
1- Prior to the project implementation, PAPs that have been determined to be eligible
for compensation should be compensated in accordance with the approved project’s
RAP/ARP. This includes providing the PAPs with cash compensation, preparing the
resettlement sites with the adequate structures and facilities, and / or providing
different development and transitional assistance measures to assist the displaced
persons.
2- A cut off date should be determined by one month from the disclosure of the
census and contradictory verifications of the census by the PAPs. Persons who
52
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
encroach onto the area after the cut-off date are not entitled to compensation or any
other form of resettlement assistance. Affected individuals, households, and
communities, who have been identified earlier under the socio-economic survey, will
be consulted about their compensation preferences.
3- The PAPs will be formally informed through written or verbal notification (in case
some of the PAPs are illiterate) delivered in the presence of at least one public
official. The PMU as well as any local resettlement mechanism that might be
initiated (e.g. Local Resettlement Committee) will arrange meetings with the affected
individuals / households to document the lands acquired by the sub-project throughout
the implementation period and discuss the compensation process.
4- The PAP will be required to sign a contract detailing the acquired land plots and /
or partially or completely affected structures and the corresponding types of
compensation (i.e. cash or in-kind) that have been agreed upon. The signature of the
compensation contracts as well as the actual payments and in-kind transfers shall be
made in the presence of at least one public official from the city authorities. The
contracts may also include contracts on possible transitional or developmental
assistance and income restoration measures that will be given to the PAPs including,
provision of skills training, access to credit, and activities related job opportunities.
5- A grievance mechanism should be devised in order for the PAPs to be able to voice
their concerns, complaints, or dissatisfaction with any part of the compensation
process and seek redress. The RPF sets the outline of the grievance mechanism that
should be agreed upon and used by the project in case RAP/ARP is triggered.
Simply, complaints can be made concerning the:





Non-fulfillment of contracts,
Compensation entitlement,
Types and levels of compensation,
Compensation policy, acquisition / destruction of land or assets,
Resettlement, or development or transitional assistance.
The grievances should be addressed to the previously proposed local mechanisms
(LRC) or special committees might be formed as an independent mechanism for the
purpose of receiving and responding to grievance in order to ensure that PAPs
grievances are treated fairly and timely9. The committee should collect and review the
grievances (in coordination with the representative local public official) monthly and
the PMU should also play a role in facilitating the response to these grievances.
Particular attention will be paid to vulnerable groups. It is also very important for the
committees to ensure proper documentation for all grievances and their resolution
within timely manner for the monitoring process. Capacity building of the local
committees is essential in order to enable them to efficiently implement the different
activities under the RAP/ARP (this will be mentioned in more details below).
World Bank OP. 4.12 emphasizes that the PAPs should be heard. Therefore, they
should be fairly and fully represented in an appropriate way. It is recommended to
minimize the cases that are taken to the court in order to avoid long and tiring
litigation. However, if the grievances or other disputes cannot be resolved through
administrative action, the PAPs can initiate legal proceedings in accordance with
9
The proposed FCC may fill in the purpose of receiving and responding to grievance
53
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
provincial and national law (Article 51 of the Yemeni Constitution10) and have
recourse to the Appellate Courts and the Supreme Court but this should be maintained
as a last option. The grievance redress approaches could be divided into proactive and
reactive approaches as illustrated under Figure 3.1 below.
Figure I: Main Approaches for the Grievance Redress
Grievance Redress Approaches
Proactive approach
a) Widespread disclosure of project
background
b) Clarification of criteria for eligibility
for assistance under the RPF
framework
c) Establishing a committee of
honorable and respected persons
(community leaders, Local Councils,
religious persons, etc.), to review any
grievances that may result from the
project (e.g LRC)
Reactive approach,
a) Settle disputes amicably
b) Deal with disputes to the extent
possible at the local level using local
mechanisms, particularly those that
insure vulnerable groups get fair
treatment
c) If disputes cannot be solved at the
local level, the PMU and other
relevant organizations should review
specific complaints. Highly skilled
persons in communication and
dispute resolution should review
PAPs grievances
RAP/ARP during Monitoring and Evaluation (M&E)
Monitoring and Evaluation (M&E) are key components of the RAP/ARP and have the
following objectives:
 Monitoring of specific situations or difficulties arising from
implementation and of the compliance of implementation with
objectives and methods set out in the RAP/ARP;
 To verify that project activities have been effectively completed with respect
to quantity, quality and timeliness;
 Evaluation of medium and long-term impacts of resettlement on
affected households’ livelihood, environment, local capacities and
economic development.
In carrying out all activities related to monitoring, evaluation and supervision,
consideration will be given to the vulnerability issues. The different vulnerable groups
referred to above should be consulted during the monitoring process in order to insure
that their concerns are handled fairly. Regular monitoring of the RAP implementation
will be conducted internally, by the PMU, as well as externally by an independent
monitoring agency, hired by the WB.
10
A citizen may resort to the court for the protection of his right and legitimate interests. He/she shall
be entitled to lodge complaints, criticisms, and suggestions to state entities and organizations in a direct
or indirect manner.
54
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
- Internal Monitoring
Internal monitoring of the implementation of the project RAPs will be the
responsibility of the PMU which includes a staff member dedicated to monitoring
results. This should be done in full collaboration with locally devised resettlement
mechanisms. The PMU will oversee the progress in resettlement preparation and
implementation through regular progress reports. The PMU should collect
information every month from the different resettlement committees. A database of
resettlement monitoring information should be established and updated monthly.
Quarterly internal monitoring reports should be prepared by PMU and submitted to
the WB. Quarter reports shall include information about the various monitoring
indicators as presented in Box 3. 4 below.
A wide range of tools could serve for monitoring purposes. The previously mentioned
socio-economic survey can serve as a participatory tool for defining monitoring
indicators. Moreover, periodic Participatory Rapid Appraisals (PRA) will allow
consulting with the various stakeholders (local government, Local Committees,
NGOs, community leaders and PAPs). They will involve obtaining information,
identifying problems and finding solutions through participatory means, which may
include key informant interviews, focus group discussions (FGD), community public
meetings, structured direct field observation, and in-depth case studies of problems or
success stories.
Box IV: Guidelines for the Monitoring Indicators
The main indicators that will be monitored regularly are the following:
a) Checking that the screening activities that have been carried out in order to
determine the need for the preparation of a RAP
b) Payment of compensation to PAPs in various categories, according to the
compensation policy described in the RAP; with special focus on the vulnerable
groups and no discrimination according to gender, tribal backgrounds or any other
factor
c) Delivery of technical assistance, relocation, payment of subsistence and moving
allowances
d) Delivery of income restoration and social support entitlements
e) Public information dissemination and consultation procedures
f) Adherence to grievance procedures and outstanding issues requiring
management’s attention and equality of access
g) Attention given to the priorities of PAPs regarding the options offered
h) Co-ordination and completion of resettlement activities and award of civil works
contracts
- External Monitoring
In accordance with WB requirements for consultant procurement, the PMU should
hire an organization for the independent monitoring and evaluation of RAP/ARP
implementation. The organization should be specialized in social sciences and
experienced in resettlement monitoring. The organization should start its work as soon
as the updated RAP has been approved.
The rationale behind hiring an external institution is to ensure that the overall
objective of the resettlement plan is achieved in an equitable and transparent manner.
55
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
In addition to reviewing the issues covered by the internal monitoring progress report,
the external agency shall also evaluate and assess:
The competence and effectiveness of the project implementing agencies (PMU)
 Adequacy of compensation, development and transitional assistance techniques
provided for the PAPs
Ability to reach the most vulnerable PAPs
Consultation and public disclosure of the RAP
Effectiveness of the grievance redresses mechanism
Evaluation, however, is intended to insure that policies (both Yemeni and the WB’s)
have been adhered to and provide the feedback needed for adjusting strategic
directions. Evaluation, thus, has the following objectives:

General assessment of the compliance of resettlement activities with the
objectives and methods as set out in this RPF
 Assessment of the compliance of resettlement activities with the laws, regulations
and safeguard policies cited above
Assessment of resettlement and relocation procedures as they have been
implemented
 Evaluation of the impact resettlement and relocation has on incomes and standard
of living, with the focus on the poor and the most vulnerable
 Identification of actions to improve the positive impacts of the program and
mitigate its possible negative impacts
While carrying out the evaluation process, the project will utilize:
This RPF as the guiding instrument
Yemeni laws and regulations as described in a preceding chapter
The World Bank’s OP 4.12 on Involuntary Resettlement
The evaluation of resettlement activities will be part of general assessment and review
activities undertaken for the MWFP as a whole.
From the presentation above, Figure 3.2 below visualizes the different steps related to
the RAP/ARP along the project cycle.
56
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
Figure II: RAP/ARP along the Project Cycle
 Internal monitoring for
Resettlement activities and
RAP/ARP Process
 Screening (land surveying and
planning)
 Socioeconomic survey
 External monitoring for
Resettlement activities and
RAP/ARP Process
 Prepare RAP/ARP
(4)
(1)
Project Monitoring
& Evaluation
Project
Identification /
Preparation
Project
Cycle
(3)
Project
Implementation
 Form and build the capacities of
Local Committees
 Sign Compensation contracts
 Pay Compensations
 Establish grievance mechanism
(2)
Project Appraisal /
Approval
 Review RAP/ARP
 Approve RAP/ARP
57
ANNEX II: ENTITLEMENT MATRIX FOR AFFECTED PERSONS
Type of Losses
Level of Impact
Agricultural Land
Loss of arable
Permanent
and grazing
(complete or
agricultural
partial) loss of
land or access
arable and grazing
to it
land located in the
sub-project site
Entitled Person(s)
Farmers / Individuals
who have formal legal
ownership rights to
land
Compensation Policy & Standards


Loss of arable
and grazing
agricultural
land or access
to it
11
Permanent
(complete or
partial) loss of
arable and grazing
land located in the
sub-project site
Calculated at entitlement cut-off date.
Farmers / Individuals
who do not have formal
legal ownership rights
to land but have
temporary or leasing
rights


Provide cash compensation at
replacement cost for the lost land11 plus
the cost of preparing the land to levels
similar to those of the affected land, plus
the cost of any registration and transfer
taxes.
Provide cash compensation for loss of
crops or trees at replacement cost.
Provide development and transitional
assistance in locating new replacement
lease land.
Provide cash compensation for loss of
crops or trees at replacement cost.
Implementation Issues





A list of available arable and
grazing land in each affected
commune
A list of PAP and entitled
persons
Consultations and formal
agreement with PAPs on type
of compensation (cash or inkind)
If available and requested by
the PAPs and agreed to by the
sub-project and concerned
authorities: provide equivalent
land nearby, of similar size,
value, and quality
In case of relocation, provide
assistance to farmers during and
Al Mokha 60MW Wind Farm Project
Type of Losses
Loss of arable
and grazing
agricultural
land or access
to it
Loss of arable
and grazing
agricultural
land or access
to it
Resettlement Policy Framework (RPF)
Level of Impact
Permanent
(complete or
partial) loss of
arable and grazing
land located in the
sub-project site
Entitled Person(s)
Farmers / Individuals
who do not have any
recognizable legal right
or claim to the land
Temporary
(complete or
partial) loss of all
or part of arable
and grazing land
located in the subproject site
Farmers / Individuals
who have formal legal
ownership rights to
land
Compensation Policy & Standards






No compensation for land.
Provide landless PAPs with
resettlement assistance in securing
temporary or lease rights to
replacement land
Provide cash compensation for loss of
crops or trees at replacement cost.
No compensation for land if returned to
owner in less than one year.
Provide cash compensation equivalent to
the replacement cost at market price of
renting the land during the temporary
use.
Provide cash compensation for loss of
crops or trees at replacement cost and
compensation for loss of net income
from subsequent crops that cannot be
planted for the duration of the lease.




Implementation Issues
after the relocation process
Provision of assistance to
farmers to develop new crops
and improve production for
both crops and livestock
Poor and vulnerable PAPs
(including the landless) will not
be displaced until replacement
land is provided
If the temporary loss continues
for more than one year, PAPs
will be given a choice of either
continuing with the temporary
arrangements, or selling the
affected land to the sub-project
at full replacement cost at
current market value
Provision of development
assistance to enable farmers /
land owners to restore land to
its previous condition or better
59
Al Mokha 60MW Wind Farm Project
Type of Losses
Loss of arable
and grazing
agricultural
land or access
to it
Loss of arable
and grazing
agricultural
land or access
to it
Level of Impact
Temporary
(complete or
partial) loss of all
or part of arable
and grazing land
located in the subproject site
Resettlement Policy Framework (RPF)
Entitled Person(s)
Farmers / Individuals
who do not have formal
legal ownership rights
to land but have
temporary or leasing
rights
Temporary
Farmers / Individuals
(complete or
who do not have any
partial) loss of all
recognizable legal right
or part of arable
or claim to the land
and grazing land
located in the subproject site
Urban Land (Residential and /or Commercial)
Compensation Policy & Standards





Implementation Issues
quality by providing measures
to improve land quality in
cases of land being adversely
affected.
No compensation for land if returned to
owner in less than one year.
Provide cash compensation equivalent to
the replacement cost at market price of
renting the land during the temporary
use.
Provide cash compensation for loss of
crops or trees at replacement cost and
compensation for loss of net income
from subsequent crops that cannot be
planted for the duration of the lease.
No compensation for land if returned to
owner in less than one year.
Provide cash compensation for loss of
crops or trees at replacement cost.

Provision of development and
resettlement assistance to
landless PAPs with no legal
rights.
60
Al Mokha 60MW Wind Farm Project
Type of Losses
Loss of urban
residential or
commercial
non-arable land
or access to it
Level of Impact
Permanent
(complete or
partial) loss of
urban residential or
commercial nonarable land
Resettlement Policy Framework (RPF)
Entitled Person(s)
Individuals who have
formal legal ownership
rights to land
Compensation Policy & Standards


Loss of urban
residential or
commercial
non-arable land
or access to it
Permanent
(complete or
partial) loss of
urban residential or
commercial nonarable land
Individuals who do not
have formal legal
ownership rights to
land but have
temporary or leasing
rights


Provide cash compensation at
replacement cost of land of equal
size and use, with similar or
improved public infrastructure
facilities and services and located
in the vicinity of the affected land,
plus the cost of any registration
and transfer taxes.
In the case that there are structures
on the land, provide cash
compensation at replacement cost
for the materials used to rebuild the
structures or to partially repair an
affected structure.
In the case that there are structures
on the land which have been built by
the users, provide cash compensation
at replacement cost for the materials
used to rebuild the structures or to
partially repair an affected structure.
Provide development and transitional
assistance in locating new
replacement lease land
Implementation Issues





A list of available nonarable land in each
affected commune
A list of PAP and entitled
persons
Consultations and formal
agreement with PAPs on
type of compensation
(cash or in-kind)
If available and requested
by the PAPs and agreed to
by the sub-project and
concerned authorities:
provide equivalent land
nearby, of similar size,
value, and quality
Provision of development
and resettlement
assistance, mainly in the
form of transition
allowances for severely
affected PAPs (transition
subsistence allowance for
61
Al Mokha 60MW Wind Farm Project
Type of Losses
Loss of urban
residential or
commercial
non-arable land
or access to it
Level of Impact
Permanent
(complete or
partial) loss of
urban residential or
commercial nonarable land
Resettlement Policy Framework (RPF)
Entitled Person(s)
Individuals who do not
have any recognizable
legal right or claim to
the land
Compensation Policy & Standards



Loss of urban
residential or
commercial
non-arable land
or access to it
Temporary
(complete or
partial) loss of
urban residential or
commercial nonarable land
Individuals who have
formal legal ownership
rights to land



Implementation Issues
food, moving incentive
allowance, assistance in
locating new residential or
commercial leasing, and
income transition
allowance if businesses are
affected).
Provide no compensation for land.
In the case that there are structures
on the land which have been built
by the users, provide cash
compensation at replacement cost
for the materials used to rebuild the
structures or to partially repair an
affected structure.
Provide landless PAPs with
resettlement and transitional
assistance in securing
alternative commercial or
residential land and to restore
their livelihoods.
No compensation for land if returned
to owner in less than one year.
Provide cash compensation
equivalent to the replacement cost at
market price of renting the land
during the temporary use
Provide cash compensation for loss
of crops, trees, or structures at
replacement cost


If the temporary loss continues
for more than one year, PAPs
will be given a choice of either
continuing with the temporary
arrangements, or selling the
affected land to the sub-project
at full replacement cost at
current market value
Provision of assistance to
enable the land users owners to
62
Al Mokha 60MW Wind Farm Project
Type of Losses
Loss of urban
residential or
commercial
non-arable land
or access to it
Level of Impact
Temporary
(complete or
partial) loss of
urban residential or
commercial nonarable land
Resettlement Policy Framework (RPF)
Entitled Person(s)
Individuals who do not
have formal legal
ownership rights to
land but have
temporary or leasing
rights
Compensation Policy & Standards



No compensation for land if returned
to owner in less than one year.
Provide cash compensation
equivalent to the replacement cost at
market price of renting the land
during the temporary use
Provide cash compensation for loss
of crops, trees, or structures at
replacement cost
Temporary
Individuals who do not  No compensation for land if returned to
(complete or
have any recognizable
owner in less than one year.
partial) loss of
legal right or claim to
 Provide cash compensation for loss of
urban residential or the land
crops, trees, or structures at replacement
commercial noncost
arable land
Structures or Buildings (Commercial, Business, Industrial, or Residential)
Loss of
Permanent
Individuals who have
 Provide cash compensation at
structures or
(complete or
formal legal ownership
replacement cost which equals the
access to them
partial) loss of
rights to the structures
market cost of materials used to
structures
build a replacement structure with
similar area and quality, or to
repair a partially affected structure,
plus the cost of transporting
building materials to the
construction site, plus the cost of
any labor and contractors’ fees,
plus the cost of any registration
and transfer taxes.
Loss of urban
residential or
commercial
non-arable land
or access to it
Implementation Issues
restore land to its presubproject condition by
providing measures to improve
land quality in cases where
land is adversely affected

Provision of resettlement
assistance to landless
PAPs with no legal rights

A list of available
structures in each affected
commune
A list of PAP and entitled
persons
Consultations and formal
agreement with PAPs on
type of compensation
(cash or in-kind, i.e
relocation)


63
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
Type of Losses
Loss of
structures or
access to them
Level of Impact
Permanent
(complete or
partial) loss of
urban residential or
commercial nonarable land
Entitled Person(s)
Individuals who do not
have formal legal
ownership rights to
land but have
temporary or leasing
rights (tenants)
Loss of
structures or
access to them
Permanent
(complete or
partial) loss of
urban residential or
commercial nonarable land
Standing Crops, Trees, and Plants
Loss of
Permanent
standing crops, (complete or
trees, or plants partial) loss of
or access to
standing
them
crops, trees, or
plants
Compensation Policy & Standards
Implementation Issues

Provide assistance in moving and
finding similar and affordable rental
accommodation (this may include
moving allowance and rental
allowance for a transitional period).

A 3-months notice - at
least - to be given to the
tenants.
Individuals who do not
have any recognizable
legal right or claim to
the land (squatters and
persons in ownership
dispute)

Provide cash compensation at
replacement cost for the structures if
they were built by the users.
Provide assistance in moving and
finding similar and affordable rental
accommodation (this may include
moving allowance and rental
allowance for a transitional period).

The Environmental and
Social Officer may look
into the possibilities of
formalizing the structures
following their repair.
Farmers or individuals

who cultivate the land
and who have formal
legal ownership rights
to the land on which the
crops are
Provide cash compensation for loss of
crops, trees, or plants at replacement
cost.




A comparative list of the prices
of agricultural products in
local markets.
A list of tree and plant species
in the commune area.
The sub-project activities
64
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
Type of Losses
Loss of
standing crops,
trees, or plants
or access to
them
Level of Impact
Permanent
(complete or
partial) loss of
standing
crops, trees, or
plants
Entitled Person(s)
Farmers or individuals
who do not have formal
legal ownership rights
to land on which the
crops are but have
temporary or leasing
rights (tenants)
Loss of
standing crops,
trees, or plants
or access to
them
Permanent
(complete or
partial) loss of
standing crops,
trees, or plants
Farmers or individuals
who do not have any
recognizable legal right
or claim to the land on
which the crops are
Compensation Policy & Standards

Provide cash compensation for loss of
crops, trees, or plants at replacement
cost.

Provide cash compensation for loss of
crops, trees, or plants at replacement
cost.
Income or Access to Income (Commercial, Business, and Industrial Activities)
Loss of source
Permanent loss of
Owner or workers in
 Provide transitional cash
of income or
income source or
formal registered
compensation until new permanent
access to
access to it
businesses
employment is secured based on net
source of
income (for a maximum period of 6
income
months).
 Provide development assistance to
PAPs (i.e. training in specific areas)
in order to help them to maintain
and/or improve their income
generation potential and access to
gainful employment.
Implementation Issues
should take into consideration
the cropping patterns and
seasons in order to avoid
partial or complete loss – if
possible.



A list of available
commercial, industrial, and
business activities in each
affected commune
A list of PAP and entitled
persons.
The Environmental and
Social Officer shall assist
in the provision of
development assistance to
severely affected PAPs
65
Al Mokha 60MW Wind Farm Project
Type of Losses
Loss of source
of income or
access to
source of
income
Level of Impact
Permanent loss of
income source or
access to it
Resettlement Policy Framework (RPF)
Entitled Person(s)
Owner or workers in
informal unregistered
businesses
Compensation Policy & Standards


Provide transitional cash
compensation until new employment
is secured based on minimum wage
per month in the respective district
(for a maximum period of 6 months)
Priority shall be given to severely
affected PAPs in the provision of any
relevant employment in the activities
related to the sub-project.
Temporary loss of
income source or
access to it
Owner or workers in
formal registered
businesses

Provide cash compensation for the
duration of business/income
generation that is disrupted based on
net income.
Temporary loss of
income source or
access to it
Owner or workers in
informal unregistered
businesses

Provide cash compensation for the
duration of business/income
generation that is disrupted based on
the minimum wage per month in the
respective district.
Type of Losses
Level of Impact
Community Resources
Entitled Person(s)
Loss of source
of income or
access to
source of
income
Loss of source
of income or
access to
source of
income
Compensation Policy
Implementation Issues
and vulnerable groups (i.e.
design training programs,
formalizing informal
activities, access to credit,
including them in the subproject’s contractors’
pecifications wherever
possible).
Implementation Issues
66
Al Mokha 60MW Wind Farm Project
Type of Losses
Loss of
community
assets or access
to them
Level of Impact
Permanent
(complete or partial
loss) of community
physical assets
Resettlement Policy Framework (RPF)
Entitled Person(s)
All members of the
community
Compensation Policy & Standards


Loss of
community
assets or access
to them
Temporary
(complete or partial
loss) of community
physical assets
All members of the
community
Loss of socioeconomic
and/or socialcultural
relationships /
networks or
access to them
Permanent
(complete or partial
loss) of community
non-physical assets
All members of the
community




Implementation Issues
Affected land will be replaced in
areas identified in consultation with
affected communities and relevant
organizations and authorities.
Provide alternative or similar
resources to compensate for the loss
of access to community physical
resources
Restoration of affected community
buildings and structures to original or
better condition
Provide alternative or similar
resources to compensate for the
temporary loss of access to
community physical resources

Provide development assistance to
enable community members to take
advantage of income restoration
measures noted above.
Provide alternative or similar
resources to compensate for the loss
of access to community social
capital.



A list identifying
community physical
assets and resources (i.e.,
public hospitals,
markets, fishing areas,
grazing areas, fuel, or
fodder).
If income loss is
expected due to the loss
in any community assets,
compensation for this
loss shall be in the form
of development
assistance to restore the
livelihoods of the PAPs.
Identify different forms
of social capital from
PAPs’ point of view (i.e.
social credit, networks,
social cohesion, etc.)
Consultation with PAPs
to identify measures to
rectify the permanent or
67
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
Type of Losses
Level of Impact
Entitled Person(s)
Compensation Policy & Standards
Implementation Issues
Loss of socioTemporary
All members of the
partial losses in social
 Provide development assistance to
economic
(complete or partial community
capital.
enable community members to take
and/or socialloss) of community
advantage of income restoration
cultural
non-physical assets
measures noted above.
relationships /
 Provide alternative or similar resources
networks or
to compensate for the temporary loss
access to them
of access to community social capital.
Source: Adapted from the Environmental and Social Management Plan and Guidelines Manual, Social Fund for Development, Safeguard policies
Sector, Egypt, June 2006
68
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
Annex III: Summary of the registration survey results at Mokha 60 MW Wind Farm Project (MWFP) Site
House
Date of
Number of Number of
area
settling in
Name of
Household
families/
members
#
Village
(average
this
householder
Coordinates
household
within
2
m)
household
household
1
Abdo Aly Dawd
2
Aly Ahmed Zaid
Moghyni
Ahmed Ahmed
Moghbish El Serage
3
4
5
Mohamed Ahmed
Moghbish El Serage
Ghalep Ahmed Aly
Moghbish
6
Abdallah Ghalep
Ahmed Aly
Moghbish
7
Abdo Ahmed Aly
12
13
Al Oksh
Al Oksh
1478401318912
1478436318884
Documents
to prove
ownership
of the house
1
8
40
1
8
32
10 years
Not available
Comments
Not available
Not available
Al Oksh
1477911318306
1
-
35
Long time
ago13
Al Oksh
1477945318365
1
-
40
Long time
ago
Not available
Al Oksh
1477991318376
1
-
20
Long time
ago
Not available
Al Oksh
1477990318370
1
-
40
Long time
ago
Not available
Al Oksh
1478020-
1
-
20
-
Not available
No
information
and/or no
signature 12
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
This refers o the cases where surveyors refused to provide the survey team with details and refused to sign the registration survey
In cases where "long time ago" is mentioned, this reflects what the surveyors said without determining specific period of time
69
Al Mokha 60MW Wind Farm Project
#
Name of
householder
Village
Moghbish
8
9
10
Mohamed Abdo
Ahmed Aly
Moghbish
Aly Kaad Ahmed
Aly
Kaad Ahmed Aly
Moghbish
11
Ahmed Abdallah
Tobili
Ahmed Omr
13
Abdallah Tobili
Aly Said Omr
14
Abdallah Tobili
15 Mohamed Said Omr
12
Resettlement Policy Framework (RPF)
Household
Coordinates
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Date of
settling in
this
household
Documents
to prove
ownership
of the house
318386
Al Oksh
1478027318378
1
-
12
Al Oksh
1478040318345
1
-
20
-
Not available
Al Oksh
1478043318337
1
2
15
Long time
ago
Not available
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Al Oksh
1477664316433
1477803316241
1476414315326
1477357315696
1477348-
Uninhibited Uninhibited
Not available
54
Comments
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
Uninhibited
2
8
45
2 years
Not available
2
15
45
2 years
Not available
1
4
50
20 years
Not available
1
6
45
20 years
Not available
70
Al Mokha 60MW Wind Farm Project
#
Name of
householder
Abdallah
Said Omr Abdallah
16
Tobili
Aly Gaber Mokbil
17
18
19
20
21
22
23
24
25
26
27
Aly Awd Ben Awd
Darwish
Mohammed Awd
Ben Awd Darwish
Ahmed Mohammed
Awd Darwish
Salem Moghbish
Moghbish
Said Gaber Abdalah
Moghbish
Haael Said Abdallah
Moghbish
Mohammed Said
Abdallah Moghbish
Aly Mohamed
Abdallah
Ahmed Mohammed
Abdallah Moghbish
Aly Said Abdallah
Village
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Resettlement Policy Framework (RPF)
Household
Coordinates
315745
1477367315658
1477034318283
1476916318412
1476943318425
1475406318617
1477009318397
1477034318263
1476544318308
1476539318329
1476531318396
1476512318448
1476542-
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Date of
settling in
this
household
Documents
to prove
ownership
of the house
1
10
63
20 years
Not available
2
7
21
Long time
ago
Not available
1
6
21
10 years
Not available
1
7
15
1
10
28
1
9
45
1
5
12
1
4
24
1
2
16
1
4
9
1
3
8
1
6
32
Long time
ago
Long time
ago
Long time
ago
10 years
Long time
ago
Long time
ago
Long time
ago
Long time
ago
Long time
Comments
Not available
Not available
Not available
Not available
Not available
Not available
Not available
Not available
Not available
71
Al Mokha 60MW Wind Farm Project
#
Name of
householder
Moghbish
Abdo Aly Awad
28
Moghbish
29
Village
Al Oksh
Al Oksh
30
Ahmed Saleh Abdo
31
Aly Ahmed Saleh
Abdo
Al Oksh
Al Oksh
32
Al Oksh
33
Al Oksh
Mohamed El sayed
Abdo Mohgep
35 Gaafr Abdallah
Sayed Abdo
Mohgep
36 Abd Ellatef
Abdallah Sayed
37 A GRAVE
34
Al Oksh
Al Oksh
Al Oksh
Al Oksh
Resettlement Policy Framework (RPF)
Household
Coordinates
318320
1476913318427
1476991318360
1475362318631
1475420318688
1475676318148
1476122318007
1476286317488
1476312317515
1476311317512
1477515317301
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Date of
settling in
this
household
Documents
to prove
ownership
of the house
Comments
ago
1
2
Uninhibited Uninhibited
20
1
2
12
1
6
20
-
-
Uninhibited Uninhibited
-
Not available
-
-
Long time
ago
Long time
ago
Uninhibited
Not available
Not available
132
-
-
No
information
and/or no
signature
28
-
-
Uninhibited
1
3
20
8 years
Not available
1
5
24
8 years
Not available
1
3
24
8 years
Not available
-
-
300
72
Al Mokha 60MW Wind Farm Project
#
Name of
householder
38 Thabet Naser El
Zohry
39 Meged Mohamed
Elshikh
40 Said Omr
41 Ahmed Mohammed
Elshekh
42 Mohammed
Mohammed El
zohry
43 Abdallah Zaid
44
Salma Hezam
45 Aly Ahmed Ankf
Village
Al Houlibi
Al Houlibi
Al Houlibi
Al Houlibi
Al Houlibi
Al Houlibi
Al Houlibi
Al Houlibi
46 Abdo Naser El
Zohry
47 Zaid Naser Elzohry
Al Houlibi
48 Naser Mohammed
El Zohry
49 Yahiya Mohammed
Al Houlibi
Al Houlibi
Al Houlibi
Resettlement Policy Framework (RPF)
Household
Coordinates
1478594312951
1478141313370
1478193313381
1478173313346
1478147313530
1478172313335
1478170313459
1478168313437
1478620312910
1478619312935
1478598312890
1478536-
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Date of
settling in
this
household
Documents
to prove
ownership
of the house
20 years
Not available
1
2
24
1
1
36
1
2
12
1
5
28
1
2
24
Long time
ago
Not available
1
6
28
-
Not available
1
1
9
1
7
20
1
2
1
5
28
1
2
18
1
1
28
Long time
ago
Long time
ago
Long time
ago
Long time
ago
Long time
ago
Long time
ago
Long time
ago
Long time
ago
Long time
Comments
Not available
Not available
Not available
Not available
Not available
Not available
Not available
Not available
Not available
73
Al Mokha 60MW Wind Farm Project
#
Name of
householder
Kadbr
50 Mohamed Ahmed
Zohry
51 Salem Abdo Al
Houlibi
52 Noaman Abdo
Tobili
Village
Al Houlibi
Resettlement Policy Framework (RPF)
Household
Coordinates
313057
1478143313546
Number of
families/
household
1
House
Number of
area
members
(average
within
m2)
household
3
Al Houlibi
1478233313045
1
1
Al Houlibi
1478272313073
1
Al Houlibi
1478237313006
48
Date of
settling in
this
household
ago
Long time
ago
Documents
to prove
ownership
of the house
Not available
21
Long time
ago
Not available
-
24
-
Not available
1
3
28
Long time
ago
Not available
1
1
9
1
5
18
53 Ahmed Abdo Tobili
54 Mohammed
Abdallah El Zolemy
55 Abnaa Mohammed
Mohammed Ghaleb
56 Mohamed Ben
Mohammed El
Zolamy
57 Abdallah
Mohammed Zolamy
Al Houlibi
Al Houlibi
1478307312922
1478349312829
Long time
ago
Long time
ago
Comments
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
Not available
Not available
Al Houlibi
1478355312858
1
3
28
Long time
ago
Not available
Al Houlibi
1478303312933
1
7
20
Long time
ago
Not available
74
Al Mokha 60MW Wind Farm Project
#
Name of
householder
58 Fateni Mohamed
Abdallah Zolamy
59 Abdo Ahmed
Abdallah To Tobili
60 Abdo Abdo Tobili
61 Osman Abdo Tobili
62 Said Aly Dawd
Hassan El Seragy
63 Zaid Said Aly Dawd
Hassan El Seragy
64 Mohammed Ahmed
Mohammed El
Seragy
65 Ahmed Mohammed
Mohammed El
Seragy
66 Ibrahim Ahmed
Mohammed El
Seragy
Village
Resettlement Policy Framework (RPF)
Household
Coordinates
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Date of
settling in
this
household
Documents
to prove
ownership
of the house
Al Houlibi
1478327312932
1
5
20
Long time
ago
Not available
Al Houlibi
1478348312804
1
4
12
Long time
ago
Not available
1
4
12
1
3
28
Al Houlibi
Al Houlibi
1478268313047
1478291313023
Al Serega
14803683149970
1
10
Al Serega
1483334314926
1
Al Serega
1483451314497
Al Serega
Al Serega
Long time
ago
Long time
ago
Comments
Not available
Not available
28
Long time
ago
Not available
3
20
Long time
ago
Not available
1
1
20
Long time
ago
Not available
1483516314567
1
2
16
Long time
ago
Not available
1483470314438
1
8
65
Long time
ago
Not available
Located on
the project
site boarder
Located on
the project
site boarder
Located on
the project
site boarder
Located on
the project
site boarder
Located on
the project
site boarder
75
Al Mokha 60MW Wind Farm Project
#
Name of
householder
67 Mohammed
Mohammed Ahmed
El Sergy
Said Mohammed
68 Ahmed Aly El
Seragy
69 Akho Abady Ben El
Seragy
70 Abd Ahmed Hedary
El Seragy
71 Lahgy Ahmed
Hedary El Seragy
72 Mohamed Ahmed
Hedary El Seragy
73 Salem Mohamed
Aly El Seragy
Village
Resettlement Policy Framework (RPF)
Household
Coordinates
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Al Serega
1483497314529
1
4
Al Serega
1483497314096
1
Al Serega
1480675313822
Al Serega
Al Serega
Al Serega
Al Serega
1480400313334
1480356313369
1480426313293
1483137313729
Date of
settling in
this
household
Documents
to prove
ownership
of the house
35
Long time
ago
Not available
5
56
-
Not available
1
-
40
-
-
1
9
28
1
6
45
1
7
28
1
2
28
Long time
ago
Long time
ago
Long time
ago
Long time
ago
Comments
Located on
the project
site boarder
Located on
the project
site boarder
No
information
and/or no
signature
No
information
and/or no
signature
Not available
Not available
Not available
Not available
No
information
and/or no
signature
76
Al Mokha 60MW Wind Farm Project
#
Name of
householder
74 Mohamed Saleh El
Seragy
75 Awad Mohammed
Aly El Seragy
76 Mohmmed Aly El
Seragy
77 Aly Mohammed
Aly El Seragy
78 Feteni Mohamed
Aly El Seragy
79 Awd Lahd Aly El
Seragy
Village
Resettlement Policy Framework (RPF)
Household
Coordinates
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Date of
settling in
this
household
Documents
to prove
ownership
of the house
Al Serega
1482615313719
1
6
20
Long time
ago
Not available
Al Serega
1483142313770
1
2
16
Long time
ago
Not available
Al Serega
1483134313716
1
3
20
Long time
ago
Not available
Al Serega
1483047313775
1
2
20
Long time
ago
Not available
Al Serega
1483006313798
1
3
20
Long time
ago
Not available
Al Serega
1483025313779
1
2
20
Long time
ago
Not available
Comments
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
77
Al Mokha 60MW Wind Farm Project
#
Name of
householder
80 Ahmed Mohamed
Aly E Sragy
81 Ahmed Zaid
Moghbish El Seragy
82 Ahmed Mohammed
Mohammed El
Seragy
83 Yahiya Mohammed
Mohammed El
Seragy
84 ALy Mohammed
Mohammed El
Seragy
85 Abd Mohammed
Mohammed El
Seragy
Village
Resettlement Policy Framework (RPF)
Household
Coordinates
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Date of
settling in
this
household
Documents
to prove
ownership
of the house
Al Serega
1482950313794
1
6
80
Long time
ago
Not available
Al Serega
1483113314407
1
4
20
Long time
ago
Not available
Al Serega
1480674313915
1
1
24
Long time
ago
Not available
Al Serega
1480679313901
1
2
42
Long time
ago
Not available
Al Serega
1480697313931
1
2
20
Long time
ago
Not available
Al Serega
1480708313901
1
2
16
Long time
ago
Not available
Comments
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
78
Al Mokha 60MW Wind Farm Project
#
Name of
householder
86 Said Mohammed
Mohammed El
Seragy
87 Aly Ahmed
Mohammed El
Seragy
88 Salem Ahmed
Mohammed El
Seragy
89 Mohammed Ahmed
El Seragy
90 Said Ahmed
Mohammed El
Seragy
91 Abdo Mohammed
Ahmed El Seragy
Village
Resettlement Policy Framework (RPF)
Household
Coordinates
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Date of
settling in
this
household
Documents
to prove
ownership
of the house
Al Serega
1480679313831
1
4
28
Long time
ago
Not available
Al Serega
1480713313669
1
2
24
Long time
ago
Not available
Al Serega
1480751313702
1
2
16
Long time
ago
Not available
Al Serega
1480749313706
1
2
12
Long time
ago
Not available
Al Serega
1480745313712
1
2
20
Long time
ago
Not available
Al Serega
1480761313722
1
2
20
Long time
ago
Not available
Comments
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
No
information
and/or no
signature
79
Al Mokha 60MW Wind Farm Project
#
Name of
householder
Village
Resettlement Policy Framework (RPF)
Household
Coordinates
Number of
families/
household
House
Number of
area
members
(average
within
m2)
household
Date of
settling in
this
household
Documents
to prove
ownership
of the house
92 Awd Talep Kamel
93 Aly Zaid Moghbish
El Seragy
Al Serega
1480713313584
1
3
20
Long time
ago
Not available
Al Serega
1482973314127
1
2
9
Long time
ago
Not available
Comments
No
information
and/or no
signature
No
information
and/or no
signature
80
ANNEX IV: TYPES OF ACQUISITION AND THE REGULATING
ARTICLES OF LAW 1, 1995
1- Administrative Acquisition
Article 4 of law (1) year 1995 states that: Administrative acquisition of real estate
owned by the government entities, authorities, institutions, corporations, and public
companies is carried out in accordance with the following:
Agreement takes place between the two parties on the issue of acquisition where
the question of compensation gets settled.
Any disagreement between the two parties with respect to acquisition is settled
by the respective minister if the parties come under the same ministry. The
Council of Ministers settled any disagreement between the two parties if both
happen to come under different ministries. The ruling of the minister or the
Council of Ministers, whatever the case may be, shall be final and bending.
If two parties did not agree on the question of compensation , then each of them
has the option of applying to the Estimating committee , primarily to Register in
the estate register , to provide an estimate of the compensation as provided for in
this law , and whose ruling shall be final and binding to the two parties.
The agreement of two parties or the decision of the estimating committee shall
constitute the bases for registering in the real estate register after presenting
documented proof that the acquisitioning party had received the compensation
amount and that this amount had been deposited into the department of the real
estate registry or the treasury of the primary court in which domain the real estate
is located, unless otherwise a different agreement exists.
Article (5) of the law referred to above states that these provisions do not apply to real
estate which an endowment, will or graved; since no acquisition may take place
except with a court ruling in accordance with the endowment law.
2- Judicial Acquisition
Articles 7 to 11 of the Law referred the Judicial Acquisition procedure that is either
directly or indirectly related to the project:
a) The party that possesses the legal right to carry out acquisitions must submit an
application for acquisition to the court of appeal of the governorate in which
confines the real estate is located. The application should consist of a description
of the project that will be of common benefit and for which the real estate will be
acquisitioned, a list the registration of names of real owners of the real estate
together with their addresses, location of the real estate, a map showing the area of
land that will required to be acquisitioned, and a statement describing the
underlying motives for acquisition along with all relevant information.
b) The court must set a date to look into the issue of acquisition during a period of
time not later than fifteen days from the date of the application there. The Court
would then notify the Department of the Real Estate Registry to freeze all actions
concerning the real estate.
c) The Court must then check the validity of the statements describing common
benefit, and ascertain that all the conditions do satisfy the ultimate objective, and
that the act of acquisition does not cause any undue unjust. In the event the Court
Al Mokha 60MW Wind Farm Project
Resettlement Policy Framework (RPF)
does not agree with the application for acquisition, it would then notify the
Department of the Real Estate Registry to lift the freeze status from this real
estate.
d) The Court assigns the task of estimating the compensation money during a period
of time not exceeding one month from the date of assignment to the Estimating
Committee.
e) The Court looks into and declares its rulings in the acquisition applications
promptly in an equitable and fair manner if it fails to resolve the differences
between the two parties. The party applying for acquisition bears all the expenses
of the application procedures.
f) The acquisitioner pays the compensation money during a period not exceeding
two months in cash through the court, or in kind. If it constitutes his dwelling or
his only source of income, then all these issues must be taken into account when
deciding on compensation matters so that nothing of such vital issues are changed
unfavorably, and that such issues are maintained as they were existing before the
acquisition. The court should then instruct the Department of Real Estate Registry
to register the acquisitioned real estate in the name of the aquisitioner after the
payment of compensation money, or to register the compensation real estate in the
name of the part acquisitioned from, if this party agreed to exchange his original
real estate (subject of the acquisition procedures) with another as compensation.
g) Claims of rights and all other claims of kind do not halt acquisition procedures.
Those proven claims get carried over to post acquisition stage. If ownership
proved to be of others then all relevant documented proof get also carried over to
post acquisition stage, if accepted by the pre-acquisitioned stage actual owner or
else the whole acquisition procedures are repeated all over again.
3- Amicable/ Mutually Agreed Acquisition
a) Article (6) of the law referred to above with respect to “mutually agreed
acquisition” states a number of provisions: The authorities who are entitled to carry
out land acquisition (which incorporate real estate in accordance with article (1) of
the law concerning land acquisition) are required by law to agree with owner of the
real estate in an amicable manner against a compensation in the form of either cash
money or in type , or whatever is estimated by the Estimating Committee that had
been formed in accordance with this law. If the real estate is owned by more than
one person then the approval of all the partners becomes mandatory.
b) The acquisitioning authority notifies the real estate registry to put a sign of ‘no
action required’ on the real estate.
c) The decision of the Estimating committee is final and binding to the two parties.
The decision is also irrefutable if they both have their agreement in writing , or
twenty days have passed since they were informed of the decision without any of
them raising any objection with head of the Estimating committee , assuming that
the delay in raising the objection is because of valid reasons. If any of the two
parties raised objections to the estimating Committee during this grace period
mentioned above then the procedures for amicable acquisition is considered null
and void, in which case the head of the Estimating Committee will be obliged to
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notify the department of real estate registry to remove the sign of " No action
Required " from the real estate.
d) To be able to register in the real estate Registry the two parties must first reach a
written agreement to the decision of the estimating Committee, or twenty days
should have passed since the decision of the Committee without any of the two
parties raising an objection. The base for registry and acquisition to be legal is to
provide the compensation or register the estate after maximum 30 days from the
written agreement. Otherwise, the owner of the real estate has the right refuse the
acquisition.
e) If the acquisitioner did not pay the acquisitioned from the compensation money ,
nor did he deposit it the department of the Real Estate registry or the treasury of
the primary court in the domain of which is located the real estate , nor did he
register the compensation in the name of the person acquisitioned from in the event
of compensation of type during thirty days from the date of the written agreement
on the decision of the Estimating committee , or the expiry of the twenty days
without any of the two parties raising any objections on the decision of the
Committee , unless otherwise there existed a different agreement , the person
acquisitioned from can then notify the acquisitioner and Department of Real Estate
Registry with his disagreement to the issue of the acquisition , and all related
procedures are then considered null and void.
4- Temporary Acquisition
Articles (12) to (16) of the law referred to above define those procedures which
pertain to Temporary Acquisition.
Those authorities that are entitled by law to carry out acquisition of real estate
(inclusive of land, in accordance with Article (1) of the law referred to above) in
emergency and exceptional cases, e.g. at times of catastrophes and calamities that
necessitate quick response and appropriate action. The concerned authorities in such
cases may decide to carry out temporary acquisition of real estates. They can do so by
issuing a decree from the head of such authority, stating the duration of the acquisition
which as a maximum should not exceed two years from the date of the issue of the
decree.
a) The governor of the Governorate in which is located the named real estate
forms a committee consisting of an engineer, one of his staff, a representative
of the authority who decided to carry out the temporary acquisition, and a
representative of the owner of the real estate. The task of this committee is to
arrange minutes containing a description of the real estate. Photographs, plans,
and whatever relevant data that defines the orientation, shape, and looks of the
real estate are attached with the minutes. The owner of the real estate must be
summoned at an early date to be present during the preparation of the minutes.
The non arrival of the owner at the preset date does not, in any way, affect or
delay the working of the committee and time.
b) The Estimation Committee carries out the procedures of evaluating suitable and
appropriate compensation for the owner of the acquisitioned real estate for the
period of the temporary acquisition, taking into account such matters as the
prevailing rate similar real estates.
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c) The authority that had acquisitioned the real estate on a temporary basis must
return it to its previous owner at the expiry of the temporary acquisition period.
The owner of the real estate reserves has a right to claim from the authority
compensation for damages that the real estate might have suffered during the
temporary acquisition. The Estimation Committee referred to in the law
mentioned above should settle any difference with regards to compensation
money. The owner of the real estate is entitled to appeal the decision of the
Estimation Committee in the Court of Appeal of the governorate. The Court of
Appeal must then pass its rulings on the appeal during a period not exceeding
three months.
d) If the period of temporary acquisition exceeded two years then the authority that
had temporarily acquisitioned the real estate must apply for its full acquisition.
The owner of the real estate has the option of either demanding the renewal of the
temporary acquisition against new compensation or the full acquisition of the real
estate by the authority concerned. If none of the two optioned materialized then he
becomes entitled to ask the court to return back to him his real estate against
compensation in lie of the delay in time. In all cases the owner is entitled to launch
an administrative and a judicial complaint against the temporary acquisition if he
deems groundless the so called emergency and exceptional circumstances. He may
also launch a complaint against the duration of the acquisition if he felt that it
caused him harm.
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List of References
Environmental and Social Management Plan and Guidelines Manual, Social Fund for
Development, Safeguard Policies Sector, Egypt, June 2006
Final Resettlement Action Plan, Vietnam Northern Transmission Project, Asian
Development Bank , JUNE 2004
Final Revised Resettlement Policy Framework (RPF), Sana'a, Ministry of Electricity,
Public Electricity Corporation (PEC), Power Sector Support Project (PSSP), August
2005
Final Resettlement Policy Framework, Vietnam Northern Transmission Project, Asian
Development Bank, June 2004
Resettlement Policy Framework for the Water Sector Support Program (WSSP)
(revisions), CES India Pvt Ltd, October, 2008
Resettlement Policy Framework for the Water Sector Support Program (WSSP), CES
India Pvt Ltd, power point presentation (undated)
Resettlement Policy Framework for the Port Cities Development Program (PCDP)
(final draft), Undated paper
Renewable Energy Strategy and Action Plan, Lahmeyer International, June 2008
Resettlement Policy Framework (RPF) for the Rural Energy Access Project (REAP),
EcoConServ, Egypt in association with JET, Yemen, March, 2009
Upgrading Feasibility Study (Draft Report), Al Mokha 60 MW Wind Farm project,
NIP, S.A, Ministry of Electricity and Energy, December 2009
Yemeni legislations related to resettlement and land acquisitions
Yemen Constitution
http://www.amanjordan.org/laws/yemen/c2yemen.htm
http://www.legal-affairs.gov.ye/ar/view_dos.asp
National Information Centre Yemen – Laws and Legislations
http://www.yemen-nic.info/contents/laws_ye/
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