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CHALLENGES IN IMPLEMENTING BEST PRACTICES IN INVOLUNTARY RESETTLEMENT

A Case Study in Sri Lanka

Jayantha Perera Amarasena Gamaathige Chamindra Weerackody

Creative Commons Attribution 3.0 IGO license (CC BY 3.0 IGO)

2016 Asian Development Bank
6 ADB Avenue, Mandaluyong City, 1550 Metro Manila, Philippines
Tel +63 2 632 4444; Fax +63 2 636 2444
www.adb.org

Some rights reserved. Published in 2016.
Printed in the Philippines.

ISBN 978-92-9257-633-2 (Print), 978-92-9257-634-9 (e-ISBN)
Publication Stock No. BKK168030

Cataloging-In-Publication Data

Asian Development Bank.

Challenges in implementing best practices in involuntary resettlement: A case study in Sri Lanka Mandaluyong City, Philippines: Asian Development Bank, 2016.

1. Social safeguards. 2. Sri Lanka. 3. Resettlement. 4. Development projects. 5. Safeguard policies. I. Asian Development Bank.

The views expressed in this publication are those of the authors and do not necessarily reflect the views and policies of the Asian Development Bank (ADB) or its Board of Governors or the governments they represent.

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Contents

Foreword

Acknowledgments

About the Authors

Abbreviations

Introduction

Involuntary Resettlement Safeguard Policies

Objectives and Scope

Southern Transport Development Project

Methodology

Structure of the Book

Chapter 1 Key Milestones in Project Planning and Implementation

The Genesis of the Project: Local Planning Initiatives

Planning of the Project: ADB Planning Initiatives

Project Feasibility Study

Regional Social and Economic Impact Study

Social and Environmental Impact Assessments

The Resettlement Plan

The Resettlement Implementation Plan 1

The Resettlement Implementation Plan 2

Project Approval

Project Implementation

Conclusion

Chapter 2 Socio-Legal Background of the Project

Socioeconomic and Poverty Dimensions

Local Regulatory Framework for Land Acquisition and Resettlement

Land Acquisition Act No. 9 of 1950

National Environmental Act (1980) and the Amendments of 1988

The National Involuntary Resettlement Policy

The Land Acquisition and Resettlement Committee

International Best Practices and Resettlement Planning

Shifting Alignment of the Expressway and Public Litigation

Accountability Mechanism: Watchdog of Best Practices

Recent Developments beyond the Southern Transport Development Project

Conclusion

Chapter 3 Best Practices in Resettlement Planning and Implementation

Part 1: Best Practices in Resettlement Planning

Learn from Previous Projects

Conduct a Comprehensive Social Impact Assessment

Prepare an Involuntary Resettlement Framework

Update the Resettlement Plan after Project Approval

One Resettlement Implementation Plan for the Project

Long-Term Review and Assistance in Implementing the Resettlement Implementation Plan

Project-Specific Compensation Package

Combined Cash-for-Land and Land-for-Land Compensation

Engagement of Affected Persons in Resettlement Planning

Part 2: Best Practices in Resettlement Implementation

Expedited Land Acquisition

Accelerated Land Acquisition

Resettlement Assistants as Catalysts

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