A. Eligibility
- Stakeholders involved in can be physically or economically displaced as a result of the land access required by the project, as they lose the right to own, use, or otherwise benefit from land (specifically minerals/subsoil), built structures (such as mineral storage shelters) or other fixed or moveable assets.
- Stakeholders involved in can in some cases constitute a vulnerable group in a resettlement process, as they may not be protected through land titling legislation and/or their status and livelihoods may be considered informal or illegal. populations can in some cases also be landless, from ethnic minorities, or displaced populations, and thus be particularly vulnerable.
- Stakeholders involved in may fall under the category of land users who do not have a recognisable legal right or claim to the land and/or assets they use and/or occupy (e.g. because they operate informally or illegally). As per Performance Standard 5, such land users are eligible for inclusion in a resettlement or livelihoods restoration process. The Guidance Note on 5 states, however, that this does not apply in case of impacts by project activities ‘other than land acquisition or restriction of access to land use’, for example the loss of access to state-owned sub-surface mineral rights by artisanal miners. In such cases, Guidance Note 5 requires the application of Performance Standard 1, which mandates the application of the mitigation hierarchy and the establishment of appropriate mitigation measures for affected people.
- In addition to the above, physically or economically displacing through security operations only and without a well-organised and equitable process (i.e. a RAP or LRP) can have substantive negative implications for the social license to operate, damage relationships with local communities, and create the risk of tensions and violence. Sites should therefore err on the side of caution and manage displacement of in accordance with Section 4F, where applicable.
This table provides -related scenarios or examples for each displacement category included in the displacement process as per standards.
B. Planning/baseline/impact assessment
In the stage of planning, conducting the baseline and assessing impact, sites should consider the following:
- Assess the number of stakeholders involved in that are affected by operating in the designated area. This should include not only the workers/diggers, but all those affected in the designated area, including washers, transporters, aggregators, secondary service providers (for example those providing food, small shops or kiosks), etc.
- The number of stakeholders involved in in the designated area may be very fluid and change frequently. As with other stakeholder groups, a displacement or resettlement process may create false incentives for to move to the area. Sites should set a cut-off date for the baseline/impact assessment, register impacted stakeholders, and consider establishing security and access controls to the area, to allow only registered stakeholders until the designated date of displacement/resettlement.
- Conduct an inventory of -related assets or settlements, where applicable. Assets may include tarps and shelters, storage sheds, kiosks and buying counters, tools and equipment used for mining, aggregating and processing. Settlements may include living quarters of workers staying on site seasonally or permanently (even if informal).
C. Stakeholder engagement
- The identification of and engagement with stakeholders involved in on the designated area may pose difficulties: On one hand, it may pose a safety and security risk for company employees; on the other hand stakeholders may be fearful of engaging ‘out in the open’ or being registered due to the informal or illegal nature of their activities. In such cases, sites should consider working with a third party to identify, register and engage with stakeholders. This could be done through specialist support or organisations who already engage with and have the trust of the population; in some cases, this may be Government agencies, in others it may be CBOs or . The engagement strategy and activities must be captured in the Resettlement Stakeholder Engagement Plan (RSEP).
D. Mitigation/Livelihood Restoration
- In many cases, it can be difficult to evaluate displacement impacts or compensation entitlements for stakeholders involved in . Sites should engage Group SP for guidance in cases where eligibility is difficult to determine. In some cases, other options in the mitigation hierarchy should be considered, such as mitigation or restoration, and tailored solutions should be sought through engagement with and relevant government stakeholders. Offering options for livelihood restoration and/or improvement may be most pertinent and will support a voluntary and peaceful departure/displacement process, particularly in the case of a large or relatively permanent population on the designated area. In this process, it is important to also consider human rights and commercial risks and consequences. Displacement without standard process as per and no mitigation or restoration measures may not only impact on the miners and their dependents but also create risks for the site (tensions, violence, loss of social license to operate, reputational damage).
- Options and examples of compensation or restoration measures will in most cases need to be coordinated and implemented with the relevant Government authorities or other third parties. Such measures could involve:
- Supporting the establishment of an alternative area in the vicinity, supporting the formalisation of the in this area
- Potentially supporting the improvement of -based livelihoods in this area (removal of overburden, better mining and processing techniques that reduce health, safety and environmental concerns, etc)
- Providing a stipend to return to or move to an alternative area (noting that this needs to be combined with an impact assessment and coordinated with the host community)
- Inclusion in skills development, local employment and entrepreneurial programmes to foster other types of livelihoods (noting though that often is already the ‘alternative’ livelihood, and alternative livelihood projects have often been unsuccessful).
- Providing a stipend to move fixed structures such as small kiosks and shops, buying counters, mineral depots, etc
E. Securing and maintaining land access
- Sites will need to secure, control and maintain land access from the baseline cut-off date (limited access) and later once the displacement process is completed (no more access). To facilitate this, sites should consider registering stakeholders during the baseline, and establishing security and access controls to the area, allowing access only to registered stakeholders during the time period up to the displacement/relocation. Also see Section 4F.
- Depending on the circumstances and relationship with stakeholders, sites may consider establishing a ‘moratorium’ period between the cut-off date and the relocation, allowing stakeholders to continue their activities (or parts of it) for a certain period, during which they should prepare for relocation.