Refers to rights or restrictions that run with a piece of land. For example, these rights grant subsequent landowners full use and enjoyment of the water bodies that run along that piece of land.
Adapted from Thomson Reuters Practical Law, “Appurtenance,” accessed in 2022, View the Website; "Water Rights," Investopedia, 2021, View the PDF; Thomson Reuters Practical Law, “Appurtenant right," accessed in 2022, View the Website.
A person or entity having full rights over a piece of land or property.
Adapted from Bridges Across Borders, "A Cambodian Guide to Defending Land and Housing Rights Vol 1 - Part 2," 2009, View the PDF.
A method of valuation yielding compensation sufficient to replace assets plus necessary transaction costs associated with asset replacement. Where functioning markets exist, replacement cost is the market value as established through independent and competent real estate valuation plus transaction costs. Where functioning markets do not exist, replacement cost may be determined through alternative means, such as the calculation of output value for land or productive assets or the undepreciated value of replacement material and labor for the construction of structures or other fixed assets plus transaction costs. In all instances where physical displacement results in loss of shelter, replacement cost must at least be sufficient to enable the purchase or construction of housing that meets acceptable minimum community standards of quality and safety. The valuation method for determining replacement cost should be documented and included in relevant resettlement planning documents. Transaction costs include administrative charges, registration or title fees, reasonable moving expenses, and any similar costs imposed on affected people. To ensure compensation at replacement cost, planned compensation rates may require updating in project areas of influence where inflation is high or the period of time between the calculation of compensation rates and delivery of compensation is extensive.
Adapted from World Bank, "World Bank Environmental and Social Framework," Washington, DC, 2016, View the PDF; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021, View the PDF.
Limitations or prohibitions on the use of agricultural, residential, commercial, or other land that are directly introduced and put into effect as part of a project. These may include restrictions on access to legally designated parks and protected areas, restrictions on access to other common property resources, and restrictions on land use within utility easements or safety zones.
Adapted from World Bank, "World Bank Environmental and Social Framework," Washington, DC, 2016, View the PDF; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021, View the PDF.
A project-specific procedure that will be followed if previously unknown cultural heritage is encountered during project activities. It will set out how chance finds associated with the project will be managed. The procedure will include a requirement to notify relevant authorities of found objects or sites by cultural heritage experts; fence off the area of finds or sites to avoid further disturbance; conduct an assessment of found objects or sites by cultural heritage experts; identify and implement actions consistent with environmental and social requirements, as well as host country laws and regulations; and train staff and workers on chance find procedures.
Adapted from World Bank, "World Bank Environmental and Social Framework," Washington, DC, 2016, View the PDF; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021, View the PDF.
A physical presence in, and economic ties to, land and territories traditionally owned, or customarily used or occupied, by an Indigenous community or other group, including sacred sites and other areas that for generations have held special significance to those people.
Adapted from World Bank, "World Bank Environmental and Social Framework," Washington, DC, 2016, View the PDF; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021, View the PDF.
Rights of Indigenous peoples enshrined in the “United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)” and the International Labour Organization’s (ILO) “Indigenous and Tribal Peoples Convention No. 169.” These rights include recognition of their distinctive histories, languages, identities, and cultures; their collective right to lands, territories, and natural resources they have traditionally occupied and used; and their right to their collectively held traditional knowledge. UNDRIP affirms that collective rights are indispensable for Indigenous peoples’ existence, well-being, and integral development as peoples.
Adapted from International Fund for Agricultural Development (IFAD), "Indigenous peoples’ collective rights to lands, territories and natural resources: Lessons from IFAD-supported projects," accessed in 2022, View the Website.
An amount of money, land, housing, property, structure, or another valuable asset that is provided to make up for physical or economic damage or displacement caused by a project. Compensation can be considered adequate if it is equal to the full replacement cost, which would allow the affected people to replace the land, housing, property, basic facilities, livelihood options, and/or other things that were lost. For more information about compensation, see Provision of Adequate Compensation, Resettlement, and Livelihood Restoration Support.
Adapted from Bridges Across Borders, "A Cambodian Guide to Defending Land and Housing Rights Vol 1 - Part 1," 2009, View the PDF.
Refers to patterns of long-standing community land and resource usage in accordance with Indigenous peoples’ and local communities’ customary laws, values, customs, and traditions, including seasonal or cyclical use — rather than formal legal titles to land and resources issued by the host country government.
Adapted from United Nations Programme on Reducing Emissions from Deforestation and Forest Degradation (UN-REDD Program), "Customary rights," accessed in 2022, View the Website.
An individual or group of people who have been physically displaced — through relocation, loss of residential land, or loss of shelter — and/or economically displaced — through loss of productive land, assets, access to assets, income sources, or means of livelihoods — due to involuntary land acquisition for a project or involuntary restrictions on land use and who have lost their access to legally designated parks and protected areas.
Adapted from Asian Development Bank (ADB), "Safeguard Policy Statement," 2009, View the PDF.
Loss of land, assets, access to assets, income sources, or means of livelihoods due to involuntary acquisition of land or involuntary restrictions on land use and on access to legally designated parks and protected areas. For more information about economic displacement, see Land Acquisition and Provision of Adequate Compensation, Resettlement, and Livelihood Restoration Support.
Adapted from Asian Development Bank (ADB), "Safeguard Policy Statement," 2009, View the PDF.
The permanent or temporary removal against the will of individuals, families, and/or communities from the homes and/or land that they occupy without the provision of, and access to, appropriate forms of legal and other protection. For more information about physical displacement, see Land Acquisition and Provision of Adequate Compensation, Resettlement, and Livelihood Restoration Support.
Adapted from World Bank, "World Bank Environmental and Social Framework," Washington, DC, 2016, View the PDF; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021, View the PDF.
Project-related land acquisition or restrictions on land use may cause physical displacement, economic displacement, or both. Resettlement is considered involuntary when affected people or communities do not have the right to refuse land acquisition or restrictions on land use that result in displacement. For more information about involuntary resettlement, see Land Acquisition and Provision of Adequate Compensation, Resettlement, and Livelihood Restoration Support.
Adapted from World Bank, "World Bank Environmental and Social Framework," Washington, DC, 2016, View the PDF; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021, View the PDF.
Refers to all methods of obtaining land for project purposes, which may include outright purchase; expropriation of property; and acquisition of access rights, such as easements or rights of way. Land acquisition may also include the acquisition of unoccupied or unutilized land whether or not the landholder relies upon such land for income or livelihood purposes, repossession of public land that is used or occupied by individuals or households, and project impacts that result in land being submerged or otherwise rendered unusable or inaccessible. Land includes anything growing on or permanently affixed to land, such as crops, bodies of water that are appurtenant to the land, buildings, and other improvements. See Land Acquisition for more information.
Adapted from World Bank, "World Bank Environmental and Social Framework," Washington, DC, 2016, View the PDF; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021, View the PDF.
A plan that sets out all resettlement arrangements and the measures for mitigating or compensating the impacts of resettlement. It reviews the legal framework; identifies adverse impacts resulting from resettlement; describes the process for land acquisition, as well as procurement and development of land for resettlement; includes a schedule for resettlement activities; discusses measures to provide compensation and restore people’s livelihoods in the new location; outlines institutional arrangements; and estimates staff, funds, and other needed resources. This plan should establish the basis for agreement among stakeholders. See Land Acquisition and Provision of Adequate Compensation, Resettlement, and Livelihood Restoration Support for more information about these plans.
Adapted from International Union for Conservation of Nature (IUCN), "Resettlement Action Plan (RAP)," 2018, View the PDF.
Evidence of an individual’s, a family’s, or a community’s rights to or ownership of land. In some host countries, it could come in the form of a physical certificate of ownership.
Adapted from IGI Global, "What is Land Title," accessed in 2022, View the Website.
The full range of means that people use to earn a living and provide for themselves and their family. Examples include, but are not limited to, wage-based income, agriculture, fishing, foraging, other natural resource-dependent livelihoods, petty trade, bartering, and running small businesses.
Adapted from World Bank, "World Bank Environmental and Social Framework," Washington, DC, 2016, View the PDF; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021, View the PDF.
A plan that addresses economic displacement of affected people. It describes the nature of displacement caused by the project; reviews applicable laws and policies; summarizes activities and findings from stakeholder consultation; presents the baseline socio-economic situation; proposes measures to compensate affected people and restore their livelihoods to pre-project levels or better; sets out monitoring and reporting requirements; outlines an implementation schedule; and estimates staff, funds, and other needed resources. It can be a stand-alone document or part of the environmental and social management plan (ESMP).
Adapted from Inclusive Development International (IDI), "Community Guide to the Asian Infrastructure Investment Bank," 2020, View the PDF.
The process of mitigating adverse impacts and enhancing benefits as a result of physical and/or economic displacement. Through livelihood restoration support, developers and contractors should work with the host country government to provide suitable options for affected people to maintain or improve their standard of living; ensure the affected people’s productive skills are applicable in the new location; offer capacity-building activities and training sessions to address gaps in skills; and foster an environment with diversified employment opportunities, including work on a BRI project.
Adapted from World Bank, "Resettlement, Livelihoods and Ethnic Minorities Development Program," 2011, View the PDF.
Relocation, loss of residential land, or loss of shelter as a result of involuntary acquisition of land or involuntary restrictions on land use or on access to legally designated parks and protected areas. If it is absolutely necessary for the development of a project, the host country government, developers, and contractors must give adequate advance notice; provide meaningful opportunities to lodge grievances and appeals; avoid the use of unnecessary, disproportionate, or excessive force; and compensate for the adverse impacts on individuals, families, and/or communities. For more information about physical displacement, see Land Acquisition and Provision of Adequate Compensation, Resettlement, and Livelihood Restoration Support.
Adapted from Asian Development Bank (ADB), "Safeguard Policy Statement," 2009, View the PDF.
The process of moving an individual, a family, a community, or another social group to a different place.
A new place to live for people who are physically and/or economically displaced by a project. These sites should ensure security of tenure; be affordable, safe, and habitable; provide access to water, sanitation, health care, livelihood opportunities, education, and other important services; fulfill the needs of vulnerable groups; and respect cultural identities and needs. The presence of the project should raise — or at least maintain — the living standards of affected people.
Adapted from Bridges Across Borders, "A Cambodian Guide to Defending Land and Housing Rights Vol 1 - Part 1," 2009, View the PDF.
Land that (resettled) individuals, families, or communities can legally occupy, where they are protected from the risk of eviction and where the tenure rights provided to them are socially and culturally appropriate. In no event will resettled people be provided tenure rights that are in effect weaker than the rights they had to the land or assets from which they have been displaced.
Women, youth, and other vulnerable groups with customary or subsidiary land rights tend to have weaker security of tenure.
Adapted from World Bank, "World Bank Environmental and Social Framework," Washington, DC, 2016, View the PDF; World Bank, Land & Conflict: Thematic Guidance Note 03 Protecting and Strengthening the Land Tenure of Vulnerable Groups, accessed in 2022, View the PDF.
The rights of individuals who make use of land and/or its resources, without clear ownership. As subsidiary rights tend to be open-ended, people may lose their land rights during negotiations or land acquisition for a project. When the host country government, financiers, developers, and/or contractors do not legally recognize subsidiary rights, affected people may face difficulties in defending their land and receiving adequate compensation, resettlement, and livelihood restoration support. However, these rights can be recognized and formalized through official documentation, village land-use plans, community by-laws, and other means.
Communities or families may have subsidiary rights if they gather wild food and medicinal plants, collect wood, hunt, or fish. Individuals or families may lease land to use for a finite period and under certain conditions, such as for crop production and pastoral grazing. In some host countries, men, who are more likely to be registered landowners, may have a wide range of discretionary rights over land, while women and youth, who work on the land for little to no remuneration, may only have subsidiary status.
Adapted from The National Land Use Planning Commission, "Guidelines for Participatory Village Land Use Management in Tanzania," 1998, View the PDF; Mary Njeri Thiong’o and Sunday Baba, "Access to Land and Youths Participation in Agribusiness in Africa: a case of Sudan," 2019, View the PDF; World Bank, "Land & Conflict, Thematic Guidance Note 03: Protecting and Strengthening the Land Tenure of Vulnerable Groups," accessed in 2022, View the PDF; Carol W. Dickerman et al., "Security of Tenure and Land Registration in Africa: Literature Review and Synthesis," 1989, View the PDF; Mhd Ekbal Anak, "Housing, Land and Property Rights for Syrian Women in Contexts of Internal Displacement: Challenges and Opportunities," 2021, View the Website.
Support to help people move to and settle down in a new location and/or restore their livelihoods following physical and/or economic displacement. Financiers, developers, contractors, subcontractors, and the host country government should be mindful of additional support that is gender-sensitive and culturally appropriate for vulnerable groups.
Adapted from Inclusive Development International (IDI), "Community Guide to the Asian Infrastructure Investment Bank," 2020, View the PDF.