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Questions and Answers
What is the purpose of the land rights assessment under ESS1?
What is the purpose of the land rights assessment under ESS1?
Which scenario does NOT fall under the application of this ESS?
Which scenario does NOT fall under the application of this ESS?
What type of impacts does this ESS specifically address?
What type of impacts does this ESS specifically address?
In what situation does this ESS apply to land vacating?
In what situation does this ESS apply to land vacating?
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What does the assessment under this ESS aim to minimize?
What does the assessment under this ESS aim to minimize?
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What may be necessary to address differences in livelihood impacts between women and men?
What may be necessary to address differences in livelihood impacts between women and men?
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Why might entire land parcels need to be acquired instead of partial ones?
Why might entire land parcels need to be acquired instead of partial ones?
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What does 'land-based' refer to in the context of livelihood activities?
What does 'land-based' refer to in the context of livelihood activities?
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What should be explored as compensation mechanisms for affected individuals?
What should be explored as compensation mechanisms for affected individuals?
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What does the grievance mechanism aim to address?
What does the grievance mechanism aim to address?
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What does the plan for projects causing physical displacement include?
What does the plan for projects causing physical displacement include?
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When should the grievance mechanism be established?
When should the grievance mechanism be established?
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What is essential for ensuring fair compensation in the project plan?
What is essential for ensuring fair compensation in the project plan?
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What is included in the minimum elements of a resettlement plan?
What is included in the minimum elements of a resettlement plan?
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What type of assistance may the Borrower request from the Bank?
What type of assistance may the Borrower request from the Bank?
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Which of the following aspects must be identified regarding potential impacts?
Which of the following aspects must be identified regarding potential impacts?
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Why must certain land be acquired for use within the project timeframe?
Why must certain land be acquired for use within the project timeframe?
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What should be taken into account for financial contingencies?
What should be taken into account for financial contingencies?
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What is required for resettlement assistance regarding property rights?
What is required for resettlement assistance regarding property rights?
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How often should monitoring results be communicated to affected persons?
How often should monitoring results be communicated to affected persons?
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What should resettlement plans ensure for host communities?
What should resettlement plans ensure for host communities?
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What assistance should be equally available to women during the resettlement process?
What assistance should be equally available to women during the resettlement process?
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What is meant by the completion of the Borrower’s plan?
What is meant by the completion of the Borrower’s plan?
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What should be adapted to the needs of women during the resettlement process?
What should be adapted to the needs of women during the resettlement process?
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Before preparing new resettlement sites, who should be consulted?
Before preparing new resettlement sites, who should be consulted?
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What conditions should be maintained for facilities in new resettlement sites?
What conditions should be maintained for facilities in new resettlement sites?
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What is the purpose of the Borrower establishing procedures to monitor and evaluate the implementation of the plan?
What is the purpose of the Borrower establishing procedures to monitor and evaluate the implementation of the plan?
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For projects with minor land acquisition, what is anticipated regarding the impact on incomes?
For projects with minor land acquisition, what is anticipated regarding the impact on incomes?
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How should the extent of monitoring activities be determined?
How should the extent of monitoring activities be determined?
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What type of professionals will the Borrower retain for projects with significant involuntary resettlement?
What type of professionals will the Borrower retain for projects with significant involuntary resettlement?
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What does the detailed inventory in annex 1 include?
What does the detailed inventory in annex 1 include?
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What is the purpose of documenting ownership or occupancy?
What is the purpose of documenting ownership or occupancy?
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How should corrective actions be designed during plan implementation?
How should corrective actions be designed during plan implementation?
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Which rights should be included in the consultative process regarding land acquisition?
Which rights should be included in the consultative process regarding land acquisition?
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What is the primary means of compensation for economically displaced persons facing loss of assets?
What is the primary means of compensation for economically displaced persons facing loss of assets?
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What options must the Borrower provide if replacement land or resources are unavailable?
What options must the Borrower provide if replacement land or resources are unavailable?
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Why might cash assistance alone fail to support affected persons effectively?
Why might cash assistance alone fail to support affected persons effectively?
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Which types of enterprises are affected by land acquisition or restrictions?
Which types of enterprises are affected by land acquisition or restrictions?
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What type of support will be provided as necessary to economically displaced persons?
What type of support will be provided as necessary to economically displaced persons?
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Which of the following statements is true regarding collective benefits related to natural resource usage?
Which of the following statements is true regarding collective benefits related to natural resource usage?
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What is one of the economic activities that may be affected by land acquisition?
What is one of the economic activities that may be affected by land acquisition?
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What is a key characteristic of the transitional support provided to affected persons?
What is a key characteristic of the transitional support provided to affected persons?
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Study Notes
Land Acquisition, Restrictions on Land Use and Involuntary Resettlement
- ESS5 acknowledges project-related land acquisition and land use restrictions can harm communities and individuals.
- Involuntary resettlement occurs when people are displaced due to land acquisition or restrictions. This includes physical displacement (loss of homes, relocation), economic displacement (loss of income sources), and combined effects.
- Resettlement is considered involuntary if affected individuals or communities don't have the right to refuse land acquisition or restrictions.
- Physical and economic displacement, if unmitigated, poses significant economic, social and environmental risks; disrupting production systems, increasing poverty, damaging community networks and cultural identity.
- Involuntary resettlement should be avoided whenever possible. Mitigating adverse impacts on displaced people and host communities is crucial.
- Objectives include avoiding resettlement, minimizing it where unavoidable, avoiding forced evictions, and mitigating social and economic impacts through compensation for lost assets and assisting individuals in improving livelihoods.
- Avoidance is prioritized under ESS1's mitigation hierarchy. Exceptional situations may exist where public health or safety might be at risk.
- The Borrower must demonstrate involuntary land acquisition is limited to project needs within a specific timeframe.
- Feasible alternatives should be sought to avoid or minimize such impacts.
- Compensation should be provided at replacement cost, along with other assistance to improve/restore pre-project living standards.
- Compensation standards for land and assets should be consistently applied.
- Resettlement activities should be conceived and executed as sustainable development programs.
- The information disclosure, meaningful consultation and participation of affected communities are paramount.
- This ESS applies to permanent or temporary displacement arising from land acquisition or restrictions; including those undertaken during project preparation, expropriation or compulsory procedures or negotiated settlements.
- It does not apply to voluntary transactions where sellers have legitimate opportunity to refuse the deed, or livelihoods and income issues not directly caused by the project.
- Cases involving refugees or internally displaced populations from conflict or disasters are excluded. Legal disputes between private parties are also excluded.
Scope of Application
- Applicability of ESS5 is established during the environmental and social assessment (ESS1).
- ESS5 applies to permanent or temporary displacement due to land acquisition or restrictions.
- The following are included:
- Land rights or land use rights acquired/restricted through expropriation or other compulsory proceedings.
- Land rights or land use rights acquired/restricted via negotiated settlements with property owners.
- Restrictions on land use and access to natural resources causing communities to lose customary use (e.g., protected areas).
- Relocation of people without usage rights occupying land before a project's cut-off date.
- Displacement due to project impacts rendering land unusable.
- Restrictions on access to natural resources or communal properties.
- Land acquired or restrictions on land use that occurred before the project but were intended as project preparation.
Requirements and Eligibility
- Affected individuals may be classified based on formal legal rights to land/assets, claims that are recognised under national law, or no recognizable right.
- The census, described in paragraph 20, will determine the status of affected persons.
- Land use planning and natural resource regulation are outside the scope of this ESS.
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Description
This quiz explores the complexities surrounding land acquisition, restrictions on land use, and the impacts of involuntary resettlement. Understand the implications for communities affected by displacement and the necessity of mitigating adverse effects. Learn about the importance of avoiding unnecessary resettlement and ensuring the rights of displaced individuals.