Resettlement policy framework and specific resettlement action plan

Gaps between national legislation and Bank policy on resettlements; mechanisms to eliminate such discrepancies

The following describes the principal inconsistency between the Uzbek legal framework and the World Bank policy. Wherever Uzbek Laws and World Bank policies are not in agreement, the World Bank policies and principles agreed upon in this RPF will be followed within the scope of the proposed project, regardless of the source of funding.

There is a wide-spread practice among populations in the Project districts to plant trees (mainly poplars for construction materials, but sometimes fruit and mulberry trees) outside their dehkan plots, mostly along the roads, canals, and collector drains, including on the territory of protection and sanitary zones. In rural areas, however, poplar trees do not have commercial value and are grown for the families’ own needs and use. During construction works, some of these plants will be damaged or destroyed. Although the laws of Uzbekistan does not envisage any compensation for unlawful or unregistered occupation of land for any purposes, the World Bank policy foresees compensation even when land is occupied against the law. Under World Bank OP 4.12, persons who suffer any adverse financial effect by a project, regardless of their status and legality of their affected crops, shall be entitled to compensation provided (1) their income decreases as result of Project activities (cutting trees), and (2) they provide proof that these trees belong to them. The gap between OP 4.12 and national legislation of RUz will be eliminated by the following measures:

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  All farmers will be informed about 2 to 3 times about the expected Project activities at least 6 to 8 months in advance, and will be instructed not to plant any crops or trees in reserve areas. This will ensure that standing crops will either be harvested in a timely manner or, preferably, not planted for the season.
  
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  All farmers will be informed of the threat that planting in reserve areas will create for the maintenance of the large investments to be made in the I&D infrastructure. Water User Associations will take special responsibility to ensure that illegal cultivation activity is discontinued to ensure Project sustainability;
  
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  Farmers will be asked to re-plant trees, poplars, and seedlings elsewhere in their farms. They will be free to cut trees and use them for any purpose they see fit;
  
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  If there are still any income-producing fruit trees in the reserve areas once the Project works start, farmers will be asked to provide evidence through their makhalla committees and neighbors that the trees belong to them. Once such evidence is provided, they will be compensated for the income-producing fruit trees based on the income they would generate during a three year period. The amount would be based on the average gross income from all trees for one year, and the average net income for two additional years.
  
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  In addition, the local authorities also agree not to prosecute owners of illegally planted trees and not to impose fines. Nevertheless, they will continue to discourage farmers from cultivating in reserve areas in order to ensure Project sustainability.
  

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