29
based on market value
without taking into account
depreciation
based on market value
without taking into account
depreciation, salvaged
materials and should also
include registration and
transaction costs and taxes
and fees, labor and
transportation costs. It should
also include other
resettlement costs such as
cost of preparing land for
cultivation.
depreciation and the cost of
salvaged materials,
Including registration and
transaction costs, taxes and
fees,
labor and transportation
costs. GSE
will have in place
clear legal
procedures to
allow for
recognition of
transaction costs
and other resettlement costs.
The
asset evaluation criteria
will be
based on replacement
value as per
`OP 4.12
Administrative
body
implementing
the
Project
(MDFG)
is
the
only
pre‐ litigation final authority
to decide disputes and address
complaints
regarding
quantification and assessment
of compensation for the
affected assets. Complaints
are reviewed in compliance
with the formal procedures
(rules) established by the
Administrative
Code
of
Georgia. There is no informal
grievance redress mechanism
through
community
participation at the local level.
Complaints & grievances can
also be resolved informally
through a project‐ level
grievance redress mechanism
which in some cases can have
community
participation
through a Grievance Redress
Committees (GRC), Local
governments,
and
NGO
and/or
local‐level
community based
organizations (CBOs).
The MDFG resettlement team
will
have
in
place
a
mechanism to receive, register
and process grievances from
APs.
Representatives
of
municipalities,
local authorities and villages
will be involved in the process
from early stages. This will
ensure solution of disputes
and claims (if such occurs) at
the community level, however
if solution could not be found,
the case will be processed in
accordance to legislation of
Georgia.
Decisions
regarding
land
acquisition and resettlement
are discussed only between
the landowners and the agency
in charge of land acquisition.
The RPF and RAPs including
information on compensation
eligibility
criteria,
methodology for valuation of
affected assets,
compensation
entitlements,
and
technical /financial assistance
are to be publicly disclosed
during the
planning process.
The preparation of the RPF
and
RAP will be done through
engagement
with relevant
stakeholders and the RPF and
RAPs
will
be
publicly
disclosed.
No
personal
information of the APs and
amounts of cash
compensation will be publicly
disclosed
but
will
be
individually
provided
to
PAPs.
No provision for
income/livelihood
rehabilitation, allowances for
WB policy requires
income/livelihood restoration
and provision of
MDFG will have in place
clear legal procedures to
allow for additional
30
severely affected or
vulnerable APs, or
resettlement expenses.
rehabilitation for
income/livelihood, severe
losses, and for expenses
incurred by the APs during
the relocation process
assistance for severely
affected and vulnerable
households in accordance to
the RAP.
No specific plan for public
consultation is provided
under the
Georgian laws
Public consultation and
participation is the integral
part of WB’s policy which is
a continuous process at
conception, preparation,
implementation and finally at
post
implementation period.
The public consultation
process will be accomplished
in accordance to WB
requirements and guidelines
prior to RAP implementation.
To reconcile the gaps between Georgian laws/regulations and WB’s OP 4.12 MDF has drafted a
RPF for the Project, ensuring compensation at replacement cost of all items, the rehabilitation of
informal settlers, and the provision of subsidies or allowances for AFs that may be relocated, suffer
business losses, or may be severely affected.
“The legislation of Georgia shall correspond to universally recognized principles and rules
of International law. An international treaty or agreement of Georgia unless it contradicts the
Constitution of Georgia, the Constitutional Agreement, shall take precedence over domestic
normative acts
6
”
Signing a legal agreement with the Bank implies that WB safeguards policies over-rule.
4.5 4. Principles of Resettlement and Land Acquisition Adopted for the Regional
Development Project III
The overarching objective of the Project in relation to land and asset acquisition is to assist the
project affected populations (PAPs) in restoring their livelihoods at least to the level equal to the
pre-project level. Therefore, during implementation of the the Regional Development Project III
MDFG is committed to ensure that:
1.
For each subproject that involves acquisition of private land, temporary or permanent
income loss, physical displacement of households or businesses, or other impact that
triggers the OP 4.12, a Resettlement Action Plan (RAP) will be developed in compliance
with policies and procedures set out in this RPF, the WB OP 4.12 and Georgian legislation;
2.
Municipalities that propose subprojects to the MDF will be responsible to support the
MDFG in the implementation of the relevant RAP and in the preparation of the RAP;
3.
No civil works can start at the section where impacts that trigger OP 4.12 occur before a
RAP implemented and compensation is paid;
6
“Constitution of Georgia”, Article 6 point 2.