27
of impacts, and consultation with affected persons), a set of compensation/mitigation measures for
each affected person/household, and detailed implementation plan with indication of responsible
parties and schedule.
The WB Policy on Involuntary Resettlement, as defined in the OP/BP 4.12, is based on the
following principles:
Involuntary resettlement is to be avoided or at least minimized.
Compensation/Rehabilitation provisions provide affected persons with opportunity to
improve,
or at least restore, pre-project incomes and living standards.
Affected Persons should be fully informed and consulted on Land Acquisition and
Resettlement compensation options.
Affected Persons’ socio-cultural institutions should be supported/used as much as possible.
Compensation will be paid at replacement cost to affected persons, without deduction for
depreciation or any other purpose.
Lack of legal title should not be a bar to compensation or alternative forms of assistance as
needed to achieve policy objectives.
Particular attention should be paid to households headed by women and other vulnerable
groups.
Land Acquisition and Resettlement should be conceived and executed as a part of the
project, and the full costs of compensation should be included in project costs and benefits.
Compensation and resettlement subsidies will be fully provided prior to clearance of right
of way/ ground leveling and demolition.
4.4 Comparison of Georgian Legislation on LAR and WB Resettlement Policy
Overall, the legislation of Georgia adequately reflects the major provisions of the WB OP 4.12,
but a few differences are to be noted. The most significant of these differences is that under
Georgian legislation/regulation, emphasis is put on the definition of formal property rights and on
how the acquisition of properties for public purposes is to be implemented and compensated while
in the case of OP 4.12 emphasis is put both on the compensation of rightfully owned affected assets
and on the general rehabilitation of the livelihood of Affected People (AP) and Households (AH).
Because of this, WB Safeguards policy on Involuntary Resettlement complement the Georgian
legislation/regulation with additional requirements related to (i) the economic rehabilitation of all
AP/AF (including those who do not have legal/formal rights on assets acquired by a project); (ii)
the provision of indemnities for loss of business and income, (iii) and the provision of special
allowances covering AP/AH expenses during the resettlement process or covering the special
needs of severely affected or vulnerable AP/AHs. Also, in addition, the legislation of Georgia does
not require any specific measure regarding the need to prepare RAPs based on extensive public
consultations. The differences between Georgia law/regulation and WB policy are outlined in
Table1 below:
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Table 10: Comparison of Georgia Laws/Regulations on LAR and WB Resettlement Policy
Georgia Laws and
Regulations
WB OP 4.12
Corrective Action
Land compensation only for
titled landowners practice
legalizable
5
land owners are
also compensated after they
are issued with the necessary
papers
Lack of title should not be
a bar to compensation
and/or
rehabilitation.
Non-titled
landowners receive
rehabilitation.
In practice legalizable land
owners
are also compensated after
they are issued with the
necessary papers.
MDFG will support those
without legal titles so they
can be issued relevant title to
occupied land.
Only registered
houses/buildings are
compensated for
damages/demolition caused
by a project.
All affected
houses/buildings are
compensated for buildings
damages/demolition caused
by a project.
It is assumed, that majority of
properties will be registered
to
actual user, with support of
the
project (legal and registration
support). Accordingly the
compensation will be paid to
all
affected households. In case
of
damages during construction
period, the construction
contractor
will be responsible for
compensation and MDFG
team will
supervise the processes
Crop and trees losses
compensation
provided only to registered
landowners.
Crop losses compensation
provided
to landowners and
sharecroppers/lease tenants
whether registered or not
In case of leased land plots,
the
compensation will be paid
to
renters for their actual
losses and
be given assistance
to access some
other land to
continue activities.
The informal users of the land
also
are subject for crop and
tree
compensation.
Compensation for loss of
assets is
Compensation for loss of
assets is
Compensation will be paid
based on market value
without taking into account
5
6Legalizable: those PAPs who have no Permanent Residential Registration, but have Temporary Residential
Registration with the local authority, or have the conditions to get Permanent Residential Registration.