On multiple occasions, we have witnessed situations where a particular capital intensive project initiated by either the Government or a private body causes adverse or marginal inconvenience for a particular group of people.
Whether projects like this are initiated with the conspicuous intention of improving the general standard of living of a particular community or to enrich the pocket of a particular group of people is usually of little or no interest to some categories of people majorly because the execution of such projects has caused an inevitable change in their way of lives.
These categories of people -popularly referred to as Project Affected Persons (PAP) – are those that totally or partially suffer from loss of economic or private property as a result of the execution of such projects. As expected, the least response that can be expressed by such people is a grievance which can also escalate into a situation that will require the involvement of a mediation team or in some cases, the judicial system before a common ground is established.
In order to avoid avoidable legal tussles and enmity which might arise from the execution of such projects, it is always advisable to have a solid compensation plan for the affected persons before the initiation of such projects (A Resettlement Action Plan).
Depending on the severity of the impact, below are a few of what the compensation plan should contain:
- The preparation of an alternative structure/relocation sites for those severely affected and would prefer such options.
- An adequate settlement Plan for Project Affected Persons (PAPs) who wouldn’t need to relocate due to the fact that the loss is marginal (For instance, the part-demolition of a fence or the loss of an economic tree standing in the way of the project)
- An income restoration measures for PAPs whose sources of livelihood were affected (this should at least guarantee a quality of life which is equivalent to the one they had before the construction work began).
- Provide a solid medium to informally resolve conflict without having to go through the hurdles of legal battles which might delay the commencement of the project.
- Finally, measures must be put in place to ensure that the compensation plan is fully executed before construction works begin.
From the above, we can deduce that a Resettlement Action Plan (RAP) seems like a one-sided plan drafted with the main purpose of catering for the Project Affected Persons need. However, this does not in any way connote that a well-drafted RAP serves the PAPs alone. Be it a Government initiated or a privately funded project, a well-drafted RAP will help the project sponsor to:
- Maintain Goodwill: In a democratic or any other form of a people-oriented system of government, a well-drafted RAP will help maintain or build a positive public image about the Government since all the affected persons will have been adequately provided for. For privately-funded projects, they will also enjoy good publicity which might significantly improve their customer base by having a well-drafted RAP.
- Avoid Legal battles: Considering the current status of our judicial system and the unusually long period, it takes for cases to be heard in a court of law, having a well-structured RAP will definitely help in resolving all the grievances that might arise and eliminate the need for litigation.
The aforementioned is not an exclusive list of the benefits associated with having a good RAP. More importantly, a good RAP can only be drafted by a team of experienced real estate related professionals, some of which include real estate lawyers, surveyors and valuers, Urban and Regional planning gurus and many other professionals with on-field experience.
At Lansar Aghaji & Co, we have all the relevant professionals with adequate first-hand experience in the best ways of not only drafting a Resettlement Action Plan but who are also efficient at implementing the stated procedures without hassles.