a) As part of the social and environmental assessment, identification of Project options (including ‘no action’ and ‘in situ’ options), their potential impacts, and avoidance measures. Assessment will include a survey of potentially affected individuals and communities and an evaluation of their relationship and rights to lands and resources used and occupied.b) Public dissemination in accessible form and language of a written justification for the displacement activity and at least 90 days notice to affected persons prior to the date of displacement.c) Access to effective remedies and to timely and affordable expertise, including legal counsel, to provide an understanding of rights and options.d) Effective and informed consultations with affected populations and good faith efforts to secure negotiated settlements, even when expropriation options are available.e) A Resettlement Action Plan or Livelihood Restoration Plan (see paragraphs 9 and 10 of this Standard) to be publicly disclosed at least 90 days prior to displacement activities.f) Ex-post evaluation of livelihood levels to examine if objectives of this Standard were met.
a. Displaced individuals and communities are compensated for loss of assets or loss of access to assets at full replacement cost. Additional considerations include the following:
- In cases where land acquisition or restrictions on land use affect commercial structures, affected business owners will be compensated for the cost of reestablishing commercial activities elsewhere, for lost net income during the period of transition, and for the costs of the transfer and reinstallation of the plant, machinery, or other equipment.- In cases affecting persons with legitimate tenure rights, whether those rights are formal or informal, (65) replacement property (e.g. agricultural or commercial sites) of equal or greater value will be provided.- Economically displaced persons who are without legally recognizable claims to land will be compensated for lost assets other than land (e.g. crops, irrigation infrastructure, other improvements made to the land), at full replacement cost. (66)
b. In addition to compensation for lost assets, if any, economically displaced persons whose livelihoods or income levels are adversely affected will also be provided opportunities to improve, or at least restore, their means of income-earning capacity, production levels, and standards of living. An independent review, considering baseline data, will confirm that capacity, production levels and standards of living have been improved or restored. Additional considerations include the following:
- For persons whose livelihoods are land-based, (67) replacement land that has a combination of productive potential, locational advantages, and other factors at least equivalent to that being lost should be offered as a matter of priority- For persons whose livelihoods are natural resource-based and where Project-related restrictions on access apply, measures will be undertaken to either allow continued access to affected resources or provide access to alternative resources with equivalent livelihood-earning potential and accessibility. Where appropriate, benefits and compensation associated with natural resource usage may be collective in nature.- In Projects involving involuntary restrictions of access to legally designated parks and protected areas, the nature of restrictions, as well as the type of measures necessary to mitigate adverse impacts, will be determined with the participation of potentially displaced persons. Measures to assist the displaced people to improve their livelihoods, or at least restore them, while maintaining the sustainability of the park or protected area, will be identified. Where the parks or protected areas in question involve the lands, resources and territories of indigenous peoples, paragraph 5 also applies.- If circumstances make it difficult for the Project to provide land or resources as described above, and if evidence exists of mutual agreement with affected people for alternative measures, alternative income earning opportunities may be provided, such as credit facilities, training, or employment opportunities.
c. Transitional support is provided to displaced persons and communities as necessary, based on a reasonable estimate of the time required to restore their income-earning capacity, production levels, and standards of living.