1. Module Review of Social Best Practices Jayantha Perera, PhD 1

2. Safeguard Policies - What are they? Operational policies are vital for poverty reduction and sustainable development.Operational policies are vital for poverty reduction and sustainable development. A subset of operational policiesA subset of operational policies Singled out to stress the importance ofSingled out to stress the importance of environmental and social objectives,environmental and social objectives, enhancing quality of project operations.enhancing quality of project operations. World Bank pioneered; ADB 1987 and 1995.World Bank pioneered; ADB 1987 and 1995. Moving from state-centric to people-centric approachMoving from state-centric to people-centric approach Accountability and sustainable developmentAccountability and sustainable development 2

3. Key Safeguard Policies Environment (Env)Environment (Env) Involuntary Resettlement (IR)Involuntary Resettlement (IR) Indigenous Peoples (IP)Indigenous Peoples (IP) 3

4. Safeguard Best Practices/Policies for What? prevent and mitigate harm toprevent and mitigate harm to peoplepeople Environment in development processEnvironment in development process maximize development opportunitiesmaximize development opportunities build project ownership and accountability among local populationbuild project ownership and accountability among local population addresses reputational risk to EA & donorsaddresses reputational risk to EA & donors 4

5. What is the Scope Safeguards? Public and private sector investmentsPublic and private sector investments Project and associated facilitiesProject and associated facilities Partial or fully funded by a donorPartial or fully funded by a donor Temporary or permanent project impactsTemporary or permanent project impacts Planning, implementation and monitoringPlanning, implementation and monitoring 5

6. Triggers LAR in anticipation of the projectLAR in anticipation of the project Permanent and temporary land acquisitionPermanent and temporary land acquisition Physical and economic displacementPhysical and economic displacement Restricted use or access denied to customary land and communal landRestricted use or access denied to customary land and communal land 6

7. Trigger Activities Compulsory acquisition of land rights/land-use rightsCompulsory acquisition of land rights/land-use rights Failed negotiated settlement - compulsory proceduresFailed negotiated settlement - compulsory procedures Relocation of people without formal, traditional, or recognizable usage rights - cut-off dateRelocation of people without formal, traditional, or recognizable usage rights - cut-off date Restriction on access to or use of natural resources marine and aquatic resources, timber and non-timber forest products, water sources, medicinal plantsRestriction on access to or use of natural resources marine and aquatic resources, timber and non-timber forest products, water sources, medicinal plants 7

8. Non-trigger Activities Voluntary and market transactionsVoluntary and market transactions Indirect LAR impacts on incomes or livelihoodsIndirect LAR impacts on incomes or livelihoods Land titling/regularization activitiesLand titling/regularization activities Land use planning to promote sustainability Land use planning to promote sustainability Regulation or planning of natural resourcesRegulation or planning of natural resources 8

9. Key Objectives of LAR LAR to be avoided, where feasible.LAR to be avoided, where feasible. If unavoidable, compensate & rehabilitateIf unavoidable, compensate & rehabilitate Integrate LAR measures into project designIntegrate LAR measures into project design Address throughout project cycleAddress throughout project cycle LAR measures designed with time-bound actions and a sufficient budgetLAR measures designed with time-bound actions and a sufficient budget 9

10. Elements of Effective Safeguards Inputs timely and front-loaded for better resultsInputs timely and front-loaded for better results Sufficient financial resources availableSufficient financial resources available Adequate institutional capabilityAdequate institutional capability Robust social impact assessmentRobust social impact assessment Appropriate planning and instrumentsAppropriate planning and instruments Affected public and NGOs informed and consultedAffected public and NGOs informed and consulted 10

11. Non-compliance of IR Safeguards - Why Non-compliance of IR Safeguards - Why Inadequate consultation and disclosureInadequate consultation and disclosure Poorly defined entitlements particularly of the poor and vulnerable groupsPoorly defined entitlements particularly of the poor and vulnerable groups Poor institutional capacityPoor institutional capacity Inadequate budgetInadequate budget Clashes between local laws and international best practicesClashes between local laws and international best practices 11

12. Challenges Complaints are mostly related to: Lack of consultation with affected people and NGOsLack of consultation with affected people and NGOs Failure to disclose project information and plansFailure to disclose project information and plans Poor planning and implementation safeguard docs.Poor planning and implementation safeguard docs. Inadequate financial and institutional resourcesInadequate financial and institutional resources Often not legally bindingOften not legally binding Stand side by side with laws and regulations – not assimilatedStand side by side with laws and regulations – not assimilated Often limited donor-funded projectsOften limited donor-funded projects 12