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Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 23.4 MILLENNIUM CHALLENGE CORPORATION (MCC)’SGUIDANCE ON RESETTLEMENTThe MCC resettlement principles provide specific guidance on how the MillenniumChallenge Corporation (MCC) will oversee and support the accountable entity in eachcountry (MCA entity in this case MiDA) and its partners in the implementation ofresettlement activities under an MCC compact. The principles are as follows:• MCC requires the use of best international practice in resettlement and thustypically requires that the MCA entity apply the World Bank’s Operational Policy(OP) 4.12 on Involuntary Resettlement to all activities under a Compact. That is,unless otherwise agreed with MCC, the MCA entity must comply with all of therequirements of OP 4.12. To the extent that there are any inconsistenciesbetween the MCC Guidance and OP 4.12, the provisions MCC shall govern.• All PAPs, including those who have no recognizable legal right or claim to theland they are occupying, are eligible for compensation or other assistancecommensurate with the nature and extent of the impact involved. A fundamentalrequirement of resettlement activities based on OP 4.12 is to restore, at least,standards of living and preferably improve the livelihoods of those households,families, extended families and individuals who are losing land, assets or accessto resources due to the implementation of a project. Compensation for lost assetscan be monetary, in-kind (e.g., new land, housing and social infrastructure, workplaces or other replacement for lost assets) or a combination of both.• MCC must approve each RAP before the MCA entity can proceed withimplementation of compensation and resettlement assistance effort. Given thecomplexities of carrying out resettlement activities, MCC will encourage the MCAentity to contract with resettlement consultants, NGOs or other partners to assistin implementing the RAPs.• When resettlement requires moving residents of a village or neighborhood or agroup of related workers, and especially in the absence of a housing market orwhen the PAPs are a cohesive social or economic unit, the MCA entity and itspartners may need to provide new resettlement areas, villages or work places,serviced with sources of water, sanitation, access to fuel, heat and/or electricity,schools, health clinics and the like prior to displacement. In this situation, MCCwill likely require an environmental assessment of the new site prior to itsestablishment.21
Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, Ghana.Resettlement Action Plan (RAP), Lot 23.5 WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT(OP 4.12)The World Bank’s policy on involuntary resettlement provides useful guidelines for theimplementation of resettlement operations. For projects such as the N1 roadrehabilitation that displaces people and businesses, the Bank requires the preparationof a Resettlement Action Plan (RAPs).The Bank’s policy (in paragraph 2) advocates that where feasible, involuntaryresettlement should be avoided or minimized, the resettlement must be conceived andexecuted as a sustainable development program, providing sufficient investmentresources to enable persons displaced by the project share in project benefits.Persons displaced must be:• Meaningfully consulted and should have opportunity to participate in theplanning and execution of the resettlement.• Compensated for their losses at full replacement cost prior to civil works,• Assisted with the move and supported during the transitional period in theresettlement site and• Assisted in their efforts to improve their former living standards, income earningcapacity and production levels or at least to restore them.3.6 POLICY AND PRACTICE: COMPARING GHANAIAN LAW ANDTHE WORLD BANK OP 4.12/MCC GUIDELINESMCC Guidelines on resettlement relies heavily on the World Bank Operational Policy4.12 on involuntary resettlement, which it considers as international best practice. Forthis reason, the MCA entity is required to act in accordance with the requirements of OP4.12. The World Bank Operational Policy explicitly makes adequate provision for projectaffected persons who are either displaced or suffer other losses as a result of projects,to be adequately catered for. Livelihoods of persons to be affected must be preserved,but in cases where this is inevitable, minimal displacements should occur. In instanceswhere displacement is unavoidable, compensation should be paid to PAPs to help themrestore their social, economic and environmental livelihoods.On the contrary, Ghanaian statutes make provision for compensation to be paid to onlypersons who have suffered any loss and can produce any form of title that is legal in theform of deeds, leaseholds, or legally binding tenancy agreements to the land inquestion. However the World Bank OP 4.12 expects all forms of losses withoutexception to be catered for.22
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