social safeguards_parallel session_sri lanka

7/31/2019 Social Safeguards_Parallel Session_Sri Lanka

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Social Safe uards and LandAcquisition in Sri Lanka

By

Harsha Fernando

P.W.Senaratne

The views in this presentation are the views of the author and do not necessarily reflect the views or policies of the AsianDevelopment Bank (ADB), or its Board of Governors, or the government they represent. ADB does not guarantee the

accuracy of the data included in this presentation and accepts no responsibility for any consequence of their use. Terminologyused may not necessarily be consistent with ADB official terms.



Presentation Outline

Part 2 Enhancing

safeguards

through

Compensation

Part 3 ADB‐SPS, equivalence & way forward



ega

an

nst tut ona

ontext

or

Social Safeguards in Sri Lanka



The St r uc t u r e

Environmentalem a c ar ea cqu s on Protection

Speci f icn s u on s

•Land Acquisition Act• ‘

•National Environm. Act• p ec c

Legal

Prov is ions

•National Policy (NIRP)

•Criminal Sanctions

•Cabinet Decisions, Circulars, Provisions in otherlaws & institution specific (e.g. RDA) initiatives

•Eminent Domain

•Protection, management & enhancement

as s •Compensation •Prevention, abatement & Control of quality of envir.

•

Measures

•Stakeholder Consultation and information

•Adequate compensation•Judicial Review



Safeguard Principles

• Acquisition of lands & servitudes undereminent domain

– For public purpose

– After due compensation

–

• – (§ 2 & 4)

• Wide publicity (Gazette and news paper)

• Compensation after due inquiry (inapplicableto those without title) with right of appeal

• Reference to Courts for title inquiries



•

• Inadequate compensation•

• Inordinate delay

• Doctrine of public trust (alienation)

“ ” • • Legal title / legitimate occupier



H o w e v e r …

• m e scope ase on ega e• Occupiers of state land not recognized

. .

• Liberal use of 38A proviso• Non uniform treatment arties affected due

to different developmental activities/projects

esu t n g n

• Judicial interventions

• Expansion of the scope of legal framework for

compensation



Enhancing safeguards

through

ade uate com ensation for

compulsory

acquisitions



Com pen sa t ion Equ a t ion

..

takentaken++

2. Severance and2. Severance and

injurious affection toinjurious affection toland retainedland retained

++

.. other lossesother losses



Deve lopm en t s i n Paym en t o f

m n i n

• Land Ac uisition Act

– Section 46(1) Market value of land – Section46(1)(i) Severance

–

– Section 46(1)(iii) Loss of Earnings

– Section46(1)(iv) Change of Residence

• Other compensation arrangements –

Resettlement Committee (“LARCLARC” ”) and “SuperSuper LARCLARC”

– Other Ministries (e.g. Ports, Power & Energy, Urban



Land Acqu i si t i on & Rese t t l em en t Com m i t t ee

-

Loss of houses/structures – By tenants,

dwellers/ encroachers.(fully affected

family)

Relocation Allowance – Delay in providing

replacement lands for fully affected owner

occupants

time by owner occupants



LARC Con t d ……

ng cos s o a ec e am es

Female headed, poor small farmers, differently ableand elderly persons

–

,

commercial enterprises in the informal sector



Socia l Sa fegu ard s Fr am ew or k

• National Policy for Payment of Compensation(Cabinet Decision of 2007 + Ministry Circular of 2008)

• under Land Acquisition Act)

– Realistic Market Value ac uisition of artproperty

– Reinstatement Value (Value of buildings

nc u e – Value based on development potential

–



Disturbance Claims criteria

Some exam les under the Re ulations • Expenses incurred for appearing for §9 inquiry

• Ex enses for findin alternative accommodation and

change of residence• Cost of advertising and fixing of fixtures and fittings

•

• Loss of earnings from business (within the limits of the

Act)• Increased overhead expenses

• Double payments. (e.g. Rents, rates etc.)

and any other additional expenses for disturbance orcompensation

• Additional 10% payment based on market value for

displacement of house or investment property



Part 3

Way Forward



Back g r oun d TA75 66

• Safeguard issues surrounding ADB funded

Southern Expressway Project Need to

compensate

beyond

the

legal

minimum

• Ground reality necessitating innovative

approaches (e.g.

LARC,

Environment

and

Social Division in RDA) beyond the legal

minimum

• STDP as a catalyst for a see‐change of social

safeguards NIRP



Equivalence Analysis

• Capturing the project implementation

ex erience

• Obtaining a snap

shot

of

the

ground

situation

• wareness o poss e sys em c approac es o

social

safeguards

(in

a

holistic

manner)• “Development Vs Social Safeguards”; debatedebate

converted to a dialoguedialogue with key stakeholders

• Introducing best

practices

and

uniformity

• Ca acit buildin and institutional

strengthening



•

• Amendments to

laws,

regulations

and

• Increased

awareness

• Trained land officials

• Develo ment of knowled e roducts e. .

user manuals,

FAQs

etc)

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