A/79/317 regimes and Indigenous land use agreements include benefit-sharing mechanisms, with some agreements offering significant benefits packages and annual payments. 62 64. Contingency funding. When mobilizing funds for resettlement planning, it is vital to allocate contingency funding, especially for higher-risk projects. Safeguards and loan agreements should require clients to establish contingency funds or insurance to address potential human rights impacts. Rights violations can profoundly affect both project viability and affected individuals, necessitating funds for infrastructure and resettlement needs. However, current development finance institution safeguards lack such a requirement. 63 65. In 2008, 10 Ghanaian communities entered into agreements with Newmont Ghana Gold Limited for local job creation, development and decision-making; a decade later, research highlighted persistent challenges, including inadequate compensation for resettlement and adverse impacts on communities beyond the mining area. 64 This emphasizes the importance of comprehensive agreements, legal support, effective grievance mechanisms and project contingency funding for unforeseen challenges. Development finance institutions should also consider potential State financial liquidity crises, which can undermine the implementation of resettlement action plans and impair human rights-based resettlement, in particular for infrastructure projects with large-scale social impacts. IV. Resettlement implementation 66. State agencies’ role. State agencies are central to the successful implementation of resettlement projects. They are primarily responsible for overseeing project execution and ensuring adherence to international human rights standards. Beyond creating policy and regulatory frameworks, State agencies should manage land allocation, service provision and infrastructure development at resettlement sites. Their duties also include enforcing laws, protecting human rights, resolving conflicts and providing or overseeing redress mechanisms. For instance, they should mandate the presence of government officials or representatives during evictions and take measures to prevent gender-based violence or discrimination against women during relocation. However, in practice, State responsibilities are often delegated to private sector actors, with State involvement during implementation frequently lacking. 67. Adapting to challenges. Even with meticulous planning, resettlement efforts may face unforeseen challenges or contextual shifts requiring adjustments. Implementing agencies must preserve bureaucratic and organizational capabilities and adhere to established procedures for overseeing and monitoring relocation processes. This means remaining consistent with the plans and commitments made to communities. In addition, training and support should be provided to new project administrators who may lack local knowledge or relationships with the community. 68. Role of development finance institutions. In projects supported by development finance institutions, the institutions play a crucial role in overseeing __________________ 62 63 64 24-15075 See www.wa.gov.au/organisation/department -of-the-premier-and-cabinet/south-west-native-titlesettlement. IFC has recently advocated for the establishment of a contingency budget, typically 10 to 20 per cent of the total resettlement cost, to address unexpected issues and ensure successful resettlement. See IFC, Good Practice Handbook: Land Acquisition and Involuntary Resettlement , 2023; available at www.ifc.org/content/dam/ifc/doc/2023/ifc-handbook-for-land-acquisition-andinvoluntary-resettlement.pdf. Benjamin Boakye, Maggie Cascadden and others, “Implementing the Ahafo benefit agreements: seeking meaningful community participation at Newmont’s Ahafo gold mine In Ghana”, Social Sciences Research Network, 2020. 17/24

Select target paragraph3