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RP1731

Land Acquisition and Resettlement Framework

January 2015


FIJI:


Transport Infrastructure Investment Sector Project

CURRENCY EQUIVALENTS
(as of January 19, 2015)
Fiji Dollar – (FJD)

FJD 1.00 = USD 0.501

USD = FJD 1.995
ABBREVIATIONS


ADB

Asian Development Bank

ADRA

Adventist Development and Relief Agency

ALTA

Agricultural Landlord and Tenant Act

APs

Affected persons

CPP

Consultation and Participation Plan (for the project)

DOE

Department of Environment

DOL

Department of Lands and Survey (within Ministry of Lands and Mineral Resources)

DPs

Displaced persons

DSC

Design and supervision consultant

ESMF

Environmental and Social Management Framework

ESMP

Environmental and Social Management Plan

EA

Executing Agency

FPAL

Fiji Ports Authority Limited

FTIIP

Fiji Transport Infrastructure Investment Project

FRA

Fiji Roads Authority

GAP

Gender Action Plan

GOF

Government of Fiji

HIV/AIDS

Human Immunodeficiency virus Infection / acquired immunodeficiency syndrome

IA

Implementing Agency

LARF

Land Acquisition and Resettlement Framework

LARP

Land Acquisition and Resettlement Plan

MAFF

Ministry of Agriculture, Forestry and Fisheries

MOU

Memorandum of understanding

MRMD

Ministry of Rural and Maritime Development and National Disaster Management

MWTPU

Ministry of Works, Transport and Public Utilities

NSS

National safeguards specialist (in DSC team)

SALA

State Acquisition of Lands Act

SPS

Safeguards Policy Statement (ADB 2009)

SSS

Social safeguards/resettlement specialists

TLTB

iTaukei Lands Trust Board

TIISP

Transport Infrastructure Investment Sector Project

WB

World Bank


















GLOSSARY OF TERMS


Meaningful consultation

A process that (i) begins early in the PPTA and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision- making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation measures. This follows the principles of free, prior, and informed consultation (FPIC).

Displaced persons

In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Affected persons

All persons living in the project impact zone whether they are land owning, tenants or without title to land. Terms of affected persons and displaced persons are used interchangeably in this report, they have the same meaning.

Indigenous peoples

This is a generic term used to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self- identification as members of a distinct indigenous cultural group and recognition of this identity by other groups; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. Many indigenous peoples have become minorities in their own country, but in Fiji they remain the majority and do not suffer specific discrimination or disadvantage.

Physical displacement

This means relocation, loss of residential land, or loss of shelter as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Economic displacement

Loss of land, assets, access to assets, income sources, or means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Gender mainstreaming

The process of ensuring that gender concerns and women’s needs and perspectives are explicitly considered in projects and programs, and that women participate in the decision-making processes associated with development-based activities.

Country safeguard system

This is the legal and institutional framework of Fiji and it consists of its national, sub-national, or sectoral implementing institutions and relevant laws, regulations, rules, and procedures that pertain to the policy areas of social safeguards (social and environmental).

Significant impact

The loss of 10% or more of productive assets (income generation) or physical displacement and/or both.

iTaukei

Indigenous Fijian people. iTaukei land is customarily owned

Mataqali

Indigenous Fijian clan who are usually the landowning unit.

Turaga-ni-Koro

Administrative leader of a village in Fiji.


Table of Contents



A.Introduction 7

B.Objectives of the Resettlement Framework 8

C.Legal and Policy Framework 9

D.Project Principles, Entitlements and Procedures 17

E.Assessment of Impacts and Preparation of LARP 22

Subproject Screening 22

Initial Social Assessment 23

Preparation of LARP for Subprojects 23



F.Consultation, Participation and Disclosure 24

G.Compensation Payment, Income Restoration, and Relocation 26

H.Grievance Redress Mechanism 26

I.Institutional Arrangements and Implementation 28

J.Implementation Schedule 30

K.Budget and Financing 31

L.Monitoring and Reporting 32





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