Environmental and Social Impact Assessment - Gibe III

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Gibe III – Environmental and Social Impact Assessment 300 ENV R CS 002 C - A9003099 impact on the environment and do not require ESIA. The proposed Gilgel Gibe II hydropower project is a category 1 and requires full ESIA. According to the Guideline, approval of an Environmental Impact Statement (EIS) is conditional and it is on compliance with environmental quality criteria, or other provisions stated in the EIS, and the approving authority may conduct audit and surveillance to ensure compliance during and after project implementation. 2.4 Legal framework for expropriation and compensation 2.4.1 Land Tenure Land in Ethiopia is state owned by proclamation 31/1975 issued to deal with Government ownership of rural land and proclamation 47/1975 issued to cover Government ownership of urban land. Under Article 3(1) of the first proclamation, all rural land shall be the collective property of the Ethiopian people. In December 1994 the new constitution was approved. It retains land under the control of the people and Government of Ethiopia. Article 40 states that ownership of both urban and rural land is vested in the State and the people, and is common property which is not subject to sale or other means of exchange. Peasants have the right to obtain land without payment, and are protected against eviction from land in their possession. 2.4.2 Expropriation The 1960 Civil Code of Ethiopia contains relevant provisions regarding expropriation of property for public purposes (Arts.1444-1488). Under this code the owner may be compelled to surrender the ownership of land for public purpose. According to the constitution of the FDRE, full right to immovable property and permanent improvements to land is vested in individuals who have built the property or made the improvements, but government may expropriate such property for public purposes, subject to the payment in advance of compensation commensurate to the value of the property or alternative means of compensation, including relocation with adequate State assistance. 2.4.3 Compensation With regards to compensation, Article 7(2) of proclamation 4/1975 states that the government shall pay fair compensation for property found on the land but that the amount of compensation shall not take the value of the land into account because land continues to be state owned. As discussed in Section 1.2.1, the Constitution lays down the basis for the property to be compensated in case of expropriation as a result of State programs or projects in both rural and urban areas. Art. 44.2 clearly states that “ All persons who have been affected or whose livelihoods have been adversely affected as a result of state programs have the right to a commensurate monetary or alternative means of compensation, including relocation with adequate state assistance.” Thus, persons who have lost their land as a result of acquisition of such land for the purpose of constructing dam and creating reservoir are entitled to be compensated to a similar land plus the related costs arising from relocation; assets such as buildings, crops or fruit trees that are part of the land etc. CESI SpA - Mid-Day International Consulting Engineers Page 43
Gibe III – Environmental and Social Impact Assessment 300 ENV R CS 002 C - A9003099 Hence, project plans must include an “attractive” and sustainable resettlement strategy, offering adequate compensation and incentives to the loss of livelihood. 2.4.4 Multilateral agreement The Federal Democratic Republic of Ethiopia has ratified several international conventions and protocols and these include: • Vienna Convention on Ozone Layer Protection (1990); • Montreal Protocol for Substances Depleting the Ozone Layer (1990); • Convention on Biodiversity (Rio convention) (1997); • Framework Convention of United Nations on Climate Change (1997); • Convention on the Control of Transboundary Movement of Hazardous Substance (1987). • African Convention on the Conservation of Nature and Natural Resources • Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar) • Convention to Combat Desertification (CCD) • Convention concerning the Protection of World Cultural and Natural Heritage. • Convention on International Trade in Endangered Species (CITES). CESI SpA - Mid-Day International Consulting Engineers Page 44
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