A/79/317 54. Examples of effective participation. Effective participation in resettlement planning is rare but documented, such as in the Minashtuk project in Canada in which the approach to planning goes beyond participation to show respect, partnership and benefit-sharing. 48 However, even with extensive consultations and planning, integration does not always equate to successful implementation and assimilation, especially when individuals have strong attachments to their original homes and identities. 55. Compensation and livelihood restoration. Land expropriation and resettlement planning is ultimately the responsibility of the State. Large-scale evictions, in particular of rural, Indigenous and informal settlement communities, often occur through the exercise of eminent domain (see A/HRC/47/43). Governments frequently resort to expropriation rather than negotiating with affected people. 49 Displaced individuals are generally entitled to “fair” or “just” compensation, but the compensation provided often falls short of covering losses. 56. Research on national compensation procedures shows that only 8 of 50 assessed countries have alternative approaches to calculating compensation where land markets are weak or non-existent. Compensation based on market value can disadvantage poor and vulnerable landholders, especially where land markets are weak. 50 57. Under United States federal law (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970), the Government must cover relocation costs and replacement housing, including for tenants. However, studies show that eminent domain disproportionately affects ethnic or racial minorities, lower-income residents and those living at or below the federal poverty line. 51 58. In India, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 introduced groundbreaking provisions for social and environmental impact assessments prior to land acquisition, improved compensation rates and mandatory transparency and consultation requirements. However, resettlement projects in India often still show poor outcomes for resettled communities. 52 59. Development finance institution safeguard policies operationalize livelihood restoration or improvement through compensation, resettlement assistance and livelihood support. IFC, for instance, encourages negotiated settlements and compensation for loss of assets at replacement cost. 53 However, “replacement” costs are typically based on market value and may not factor in non-financial losses or the true value of the land after development. 54 Long-term challenges after project __________________ 48 49 50 51 52 53 54 24-15075 Denis Roux, “Building on partnerships with Indigenous communities”. Available at www.un.org/ esa/sustdev/sdissues/energy/op/hydro_seelos_paper.pdf . Frank Vanclay, “Project-induced displacement and resettlement: from impoverishment risks to an opportunity for development?”, Impact Assessment and Project Appraisal, vol. 35, No. 1 (2017), pp. 3–21. Nicholas Tagliarino, “The status of national legal frameworks for valuing compensation for expropriated land: an analysis of whether national laws in 50 countries/regions across Asia, Africa, and Latin America comply with international standards on compens ation valuation”, Land, vol. 6, No. 2 (2017). Dick Carpenter and John Ross, “Victimizing the vulnerable: the demographics of eminent domain abuse”, Institute for Justice, 2007, p. 7. Rita Sinha, “Land acquisition law in neoliberal India: old wine in a new bottle?”. IFS, performance standard 5, “Land acquisition and involuntary resettlement”, 2012. Certain development finance institutions such as the African Development Bank now seek full replacement costs and in-kind replacement (losses, damages, properties, livelihoods, opportunities and ecosystem services) instead of financial compensation, including for livelihood restoration. See African Development Bank, “Borrower guidance note for E&S operational safeguard 5: land acquisition, restrictions on access to land and land use, and invo luntary resettlement”. 15/24