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연구정보

[경제] Compulsory Land Acquisition in Afghanistan

아프가니스탄 국외연구자료 연구보고서 - World Bank 발간일 : 2020-11-01 등록일 : 2021-03-04 원문링크

This paper examines how far Afghanistan’s land acquisition law (LAL) complies with standards required for World Bank financing of public interest projects that unavoidably extinguish or diminish existing land rights in the project area. For this purpose, the law was compared with standards laid down in World Bank environmental and social standard 5 (ESS5) on involuntary settlement. Additional reference was made to ESS1 on social risk and impact assessment, and to ESS7, in regard to communities whose socio-culture and livelihoods rely distinctively and historically upon collectively based tenure or land use. The overall conclusion is that LAL 2017, necessarily read with the land management law (LML) 2017, provides a positive starting point for the World Bank and government parties to work toward a fair remedy in relevant projects. These range from obligation to pay compensation to affected persons prior to compulsory vacation of properties, transparent stipulation as to how residential, farm, and business premises and structures will be compensated, to providing assisted relocation where whole communities are affected.

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