Table of Contents
Table of Contents ………………………………………………………………………………………… / 1Glossary ……………………………………………………………………………………………………… / 2
Executive Summary …………………………………………………………………………………….. / 3
1. / Project Description ………………………………………………………………………………. / 4
1.1 / Introduction ……………………………………………………………………………… / 4
1.2 / Project Components …………………………………………………………………… / 4
1.3 / Project Location ………………………………………………………………………… / 5
1.4 / Justification for Triggering OP / BP 4.12 ……………………………………… / 7
2. / Legal and Administrative Framework …………………………………………………….. / 8
2.1 / Land Regulations ……………………………………………………………………….. / 10
2.2 / Resettlement Principles According to World Bank OP/BP 4.12 and SudaneseLand Acquisition Policies …………………………………………….. / 11
2.3 / Customary Land Tenure ……………………………………………………………… / 12
2.4 / Farmers Tenure System ……………………………………………………………… / 14
2.5 / Livestock Raising ……………………………………………………………………….. / 14
2.5.1 / Pastoralists Tenure ………………………………………………………… / 14
2.6 / Hasahb (Gum Arabic) ………………………………………………………………... / 15
2.6.1 / Hashab Tenure System ………………………………………………….. / 15
2.7 / Water Spreading Tenure …………………………………………………………….. / 15
2.8 / Formal Recognition ……………………………………………………………………. / 16
2.9 / Administrative Framework …………………………………………………………. / 17
2.10 / Steps for Resettlement According 1925 Act …………………………………… / 17
2.11 / Forest Reservation …………………………………………………………………….. / 18
3. / Identification of Stakeholders and PAPs …………………………………………………. / 19
4. / Compensation Eligibility ………………………………………………………………………. / 23
4.1 / Procedures for Identification of Impacts ………………………………………. / 23
4.2 / Institutional Organization for Implementation …………………………….. / 23
4.3 / Grievance Redress Mechanism ……………………………………………………. / 24
5. / Monitoring Arrangements …………………………………………………………………….. / 24
6. / Resettlement Action Plans (RAPS) …………………………………………………………. / 25
7. / Conclusions and Recommendations ………………………………………………………. / 29
Annexes
I. / Land Acquisition Assessment Tool ………………………………………………. / 30
II. / Resettlement Entitlement Matrix ………………………………………………… / 33
III. / Resettlement Action Plan ………………………………………………………….... / 34
IV. / CDF Summary CAPs by Round (2 – 7) …………………………………………. / 39
Glossary
Nazir / Paramount tribal leaderOmda / Head of tribal clan
Sheikh / Village head
Dar / Tribal homeland
Murhal / Corridors for nomads to avoid agricultural areas
Hafir / Excavated pond to collect water for human and animal use
Trus / Traditional small embankment to collect runoff for cultivation
Executive Summary
This Resettlement Policy Framework (RPF) study focuses on issues of land acquisition, during implementation of the CDF sub – projects selected by communities in the 10 localities of North Kordofan, South Kordofan, Blue Nile and KassalaStates. In the process of carrying out this study, Sudan’s land regulations and World Bank Policy directives as stipulated in OP / BP 4.12 were used to guide arrangements for resettlement and compensation of impacted persons. The reasons for preparing the RPF are that the construction of community infrastructure and provision of community services may require land acquisition and at the same time, location and nature and scope of land acquisition and displacement are not as yet known at the stage of project preparation and hence, the RFP will lead to the preparation of Resettlement Action Plans during implementation.
The RPF indicates that Sudan’s legal framework complies with World Bank’s Policy OP / BP 4.12 and its requirements. It clearly states that land compensation – if in cash – should be based on its market value. The RPF also reports on issues related to mitigation instruments, the identification of stakeholders and their social and economic structure and recommends a detailed procedure to identify the nature of impacted land using the Land Acquisition Assessment tool. The RPF also reports on procedures to resolve conflicts and grievance redress. The methods used are transparent and with full involvement of the local community leaders and impacted persons.
As land is plentiful and every village has a village perimeter, no conflict arises regarding availability of land for the construction of community services. Reports and consultations in the target localities did not reveal any problems related to land acquisition for the suggested sub – projects. However, this RPF caters for future CDF development activities and provides procedures for land acquisition
1. Project Description
1.1 Introduction
The main development objective of the Community Development Project is to meet urgent community driven recovery and development needs in the war-affected and underdeveloped areas of North Sudanincluding the “Three Areas” (1)by providing social and economic services and infrastructure. Social service delivery is a means to facilitate conflict resolution and ensure peace dividends to the war-affected populations.
Consolidating peace while enhancing the government’s legitimacy and promoting good governance, economic recovery and social stability take a prominent place on the development agenda of the GoS. By capturing the peace dividend, the Government intends to address the prevailing regional disparities in the country through the creation of a Community Development Fund (CDF) to serve as one of the main conduits of donor funding during the recovery period. CDF should be viewed as part of a national program that targets all war-affected areas and includes all similarly funded initiatives, which would eventually be integrated under one umbrella.
CDF would complement the Government’s programs by providing an efficient and effective alternative to the delivery of urgently needed basic social, economic and infrastructure services targeted at deprived communities. Viewed as a source of funds for local development, the project would generate support to the Government’s reconstruction efforts as it establishes partnerships with the states, localities, and local community groups and organizations.
The main outcomes supported by the project are:
- Strengthen the role and capacity of localities and NGOs in the delivery of basic services with local community participation in a sustainable manner;
- Strengthen local community participation in the identification of basic social and economic needs within a framework that encourages transparency in priority setting and allocation of resources;
- Establish a viable framework for an effective cooperation and partnership among social sector Ministries, local NGOs and local communities in the provision of basic services targeting particularly the poorest areas; and
- Demonstrate the Government’s commitment to the empowerment of local agents of change (localities, NGOs) and develop social capital at the local level by strengthening the role of local partners in implementing social development activities.
1.2 Project components
These objectives will be attained through two components:
Component 1: Community Development Subprojects
This component will serve to address pro-poor community development priorities as laid out in the peace protocols, with particular emphasis on access and quality of basic education, health and water services. The component will target areas with low relevant per capita indicators and gender inequity to improve the access and, over time, quality of basic social services. It will d build and renovate basic education and health facilities, promote adult literacy and child immunization campaigns, launch rapid vocational training programs for school-drop-outs, facilitate the creation of youth centers, launch revolving textbook projects and other social services directed at the poor. Programs to facilitate the social integration and inclusion of vulnerable groups such as elderly, disabled, women heads of households and children victims of violence, AIDS victims, drug addicts, war-crippled victims, unemployed youths, etc., will also be emphasized. Gender and conflict-sensitive analysis will guide the allocation of resources among these vulnerable groups. This component will also concentrate on the provision of small rural infrastructure, including access and rural roads and environmental protection activities, including community potable water, wells and spring protection, small wastewater treatment schemes that use appropriate technologies, improved solid waste collection, treatment and disposal and reforestation and protection of natural sites. As for the whole project, the implementation of this component will be highly participatory, where the communities will play a prime role in the process of decision making. Localities and other development partners and the private sector would support communities in this process.
Component 2: Capacity Building, Monitoring and Evaluation, and Project Management
Training, technical assistance and capacity building will be provided to localities, NGOs and local Community-Based Organizations (CBOs), to improve their technical skills in the identification, planning, programming, management and delivery of social subprojects. In addition, this component will establish the eligibility of target localities to receive funds from the project through conducting a training program aimed at building their capacity in the area of project management and community participation techniques (transparency, accountability, financial management and empowerment).
1.3 Project location
Geographically, the project will cover all Northern states and will coordinate closely with other major donor-funded community development projects. The project will be phased over several years and will consist of a series of successive three-year projects. Phase I will start in the following states: Blue Nile, Kassala, South Kordofan, and North Kordofan. The project will target ten localities selected according to urgent needs in these priority states. The priority areas selected include the following localities:
- Blue NileState: ALRoseiris and El Damazin Localities;
- KassalaState: Kassala Rural and Hamashkoraib Localities;
- NorthKordofanState: Sodary, Jabrah and Wad Bandah Localities; and
- SouthKordofanState: AbuGebeiha, AlRashad and Kailak Localities.
Based on Social Conflict Analysis Studies in the target localities and participatory surveys, the type of projects suggested by local communities cover the following priorities (pending screening and final approval [Table 1.1]).
Table 1.1 Preliminary Classifications of CDF Projects
Project Type / Sector
Schools / Education- Construction of new buildings
- Major rehabilitation of structure
- Minor rehabilitation of structure
- Supply of equipment and furniture to schools
Health Centers
- Construction of new health center
- Major rehabilitation
- Minor rehabilitation
- Supply of general equipment
Supply of Drinking Water
- New boreholes, water wells
- Rehabilitation of old boreholes
- Construction of reservoirs
- Rehabilitation of water networks
- Construction of limited network
- Construction of new networks
- Water treatment plant (chlorination)/water refinery
Community Centers ( local market, club and etc)
- Construction of new structure
- Major rehabilitation of structure
- Minor rehabilitation of structure
Other Projects
- Small agricultural project
- Improvement of solid waste collection
1.4 Justification for triggering OP/BP 4.12 related to Involuntary Displacement and land Acquisition
Component 1of the project (Community Development Subprojects) entails the construction of multiple community infrastructures and the provision of community services that will require the acquisition of land and sites. Depending on their status, the sites/land will be either donated by the community, the local government, private owners, or acquired. Because of the possibility of land acquisition, OP/BP 4.12 was triggered during project preparation. At the time of project preparation, the location of the subprojects and the possibility and scope of land acquisition and involuntary displacement were not known at the level of each project, it has been decided to prepare a Resettlement Policy Framework (RPF), which is the appropriate and designated tool for such a situation. The RPF will define roles, responsibilities, procedures and compensation rates to guide the preparation of the individual Resettlement Action Plans (RAPs) during implementation for the subprojects that will cause involuntary displacement and mandatory land acquisition of land owned or used by individuals, families or other entities.
As reported in Table (1.1), the construction of community infrastructure and the provision of community services may require land acquisition. The World Bank Policy and requirements as stated in OP/BP 4.12 provides the guidelines to be followed.
The World Bank OP/BP 4.12 details issues of involuntary resettlement, emphasizing the severe economic and environmental risks involved if unmitigated. The World Bank Policy Objectives urge that involuntary resettlement be avoided whenever possible. If unavoidable, the displaced persons need to:
- Share in project benefits;
- Participate in planning and implementation of resettlement programs;
- Be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre – displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
The World Bank Policy covers direct economic and social impacts that both result from Bank – assisted investment projects. This covers taking of land which may result in relocation or loss of shelter, assets, access to assets or loss of income resources or means of livelihood whether or not the affected persons must move to other locations.
This Resettlement Policy Framework (RPF) report covers the following elements:
- Project Description;
- Policy Trigger;
- Sudan’s Legal Framework and Land Laws;
- Mitigation Instruments;
- Procedures for Identification of Impacted Persons;
- Methods for the Resolution of Potential Conflicts or grievances;
- Responsibilities for the Implementation of Mitigation Measures;
- Monitoring Arrangements; and
- Conclusions and Recommendations.
2. Legal and Administrative Framework
The Sudan is a federal state divided into 25 States with special consideration given to Southern Sudan according to the Interim Constitution of 2005. The Constitution of the Republic of Sudan adopted on July 6th of 2005 reflects the Comprehensive Peace Agreement (CPA) of January 2005 and defines a new set of rules for governance in general, and land in particular. The two main elements of this new policy context are: a high level of decentralization of powers to States, together with the creation of a government of South Sudan (GOSS).
The need to preserve a high level of equality between states while awarding a high level of autonomy for South Sudan has been reached by giving all states a large level of autonomy, while building a specific regional level of government, GOSS in the South. This model, characterized by a somewhat asymmetrical (between North and South), but overall decentralized system of governance is adopted by the Constitution. Hence, there are three levels of authority; national level, state level and locality level. The powers over land are divided among the various levels. The Interim Constitution has five Schedules (A – F) which specifically state the powers of the various levels of government on land as shown in table (2.1)
TABLE (2.1) powers and responsibilities as set out in the 2005 National constitution which relate either directly or indirectly to land governance at federal or state levelSchedule (A) National Powers
Section / Title
15. / NationalLands and National natural resources;
19. / Meteorology
29. / International and Inter-State Transport, including roads, airports, waterways, harbors and railways;
30. / National Public Utilities
33 / Nile Water Commission, the management of the Nile Waters, trans-boundary waters and disputes arising from the management of interstate waters between Northern states and any dispute between Northern and Southern states;
Schedule (C) Powers of States: Regarding land governance, most powers –executive and legislative- are at State level:
8 / StateLand and state Natural Resources;
13 / The management, lease and utilization of lands belonging to the
state;
17 / Local works and undertakings
21 / The development, conservation and management of state natural resources and state forestry resources
23 / Laws in relation to agriculture within the state
27 / Pollution control;
28 / State statistics, and state surveys
31 / Quarrying regulations
32 / Town and rural planning;
36 / State irrigation and embankments;
40 / State public utilities;
Schedule (D) Concurrent Powers:
The National Government and state governments, shall have legislative and executive competencies on any of the matters listed below:
4 / Health policy
5 / Urban development, planning and housing
7 / Delivery of public services
12 / River transport
13 / Disaster preparedness, management and relief and epidemics control
15 / Electricity generation and water and waste management
17 / Environmental management, conservation and protection
23 / Pastures, veterinary services, and animal and livestock diseases control
27 / Water Resources other than interstate waters
31 / Human and animal drug quality control
32 / Regulation of land tenure, usage and exercise of rights in land.
Schedule (F) Resolution of Conflicts in Respect of Concurrent Powers:
If there is a contradiction between the provisions of state law and/or a National law, on the matters referred in Schedule D, the law of the level of government which shall prevail shall be that which most effectively deals with the subject matter of the law, having regard to:-
1 / The need to recognize the sovereignty of the Nation while accommodating the autonomy of the states;
2 / Whether there is a need for National or State norms and standards;
3 / The need to promote the welfare of the people and to protect each person’s human rights and fundamental freedoms
Article 43 (2) of the Constitution gives the national government the right to expropriate land for development purposes and to compensate the owners. There are a number of articles related to natural resource management, protection of cultural heritage sites and respect of traditional and customary regulations related to land ownership. The Interim Constitutions also specifies land issues which are under national powers (federal level) and those under the control of states as well as joint powers (concurrent powers) shared by federal and states. The states manage lands which are not under national control. This include: management, lease and utilization of lands belonging to states, town and rural planning and agricultural lands within the state boundaries. The government powers include matters related to urban development, planning and housing, electricity generation, waste management, consumer safety and protection, water resources other than inter – state waters and regulation of land tenure and rights on land.
The Interim Constitution radically changes the relative powers of the different actors and stakeholders in the field of land by transferring large parts of the powers from the national to the state level. This requires introduction of reforms and changes to the present land laws to conform to the articles of the constitution. The land commissions to be established at national and state levelare expected to play important roles in organizing land ownership, resolve disputes and set arbitration procedures.
2.1 Land Regulations
Specific legislations on land are found in sectoral laws including:
- Land Registration and Settlement Act, 1925: provides rules to determine rights on land and other rights attached to it and ensure land registration.
- ** Land Acquisition Act, 1930: gives the government the power to appropriate lands for development purposes. It also states detail formalities of acquisition and rules governing assessment and payment of compensation.
- Unregistered Land Act, 1970: deems any unregistered land, before the enactment of this law, as being registered in the name of the government.
- The Civil Transactions Act, 1984: regulates the different matters related to civil transactions with respect to titles on land, means of land acquisition, easement rights and conditions to be observed by land users.
- Urban Planning and Land Disposal Act, 1994: regulates designation of lands for different purposes and urban planning. With respect to land expropriation for public purposes, Section 13 of the Act recognizes the application of its predecessor – Land Acquisition Act 1930.
- Central Forest Act,1932: empowers the Minister of Agriculture, Food and Natural Resources to declare to be a central forest reserve an area of land, which is registered under the Land and Settlement and Registration Act, 1925 as a Government Land (section 5). Unless with special licence or a permit has been first obtained from the Director of Forest, any Act, including entry upon or remaining in such forests would be an offence (Section 9 & 10 of Central Forest Act, 1932). Central forest reserves are located in the provinces of Blue Nile, Khartoum and Gezira (Schedule to the Act).
- ProvincialForest Act, 1932: protects an area in the GeziraProvince as provincial forest reserve from being interfered with on the same principle as applied to the central forest reserve.
- The Environmental Health Act, 1975: contains detail provisions for the protection of water and air from pollution and assigns defined administrative responsibilities to District Councils with respect to preservation of environmental health in general.
** The Land Acquisition Act of 1930 outlines detailed procedures to be followed in the acquisition of land and rules governing payment of compensation for land for public purposes. The procedures for land acquisition in any locality are initiated with a notification by the People’s Executive Council in a Gazette stating that it appeared to the President of the Republic to authorize the acquisition of land for public purposes (Section 4). It is only after such notification that it shall be lawful to enter into procedures to set out boundaries, mark or survey the land.