05 Dec 2018

The Assistant Minister of Land Management, Water and Sanitation services, Mr Kefentse Mzwinila, says government has not subscribed to Performance Standard 5 of the International Financial Service Corporation (IFC).

Answering a question in Parliament on December 4, Mr Mzwinila said Botswana had not subscribed because nothing compelled it to do so.

He nonetheless clarified that failure to follow the IFC standard performance 5 could lead to the World Bank not approving Botswana’s loan requests.

Mr Mzwinila, however, stated that the land acquisition processes and procedures were in accordance with the prevailing laws of the country (Acquisition of Property Act and Tribal Land Act), which emphasise on adequate compensation being paid for property acquired.

Moreover, he stated that the government complies where the components of the standard were found to be compliant with the laws and regulations of Botswana.

Furthermore he pointed out that as per IFC Guidance Note 5 GN 4 stated that “Government agencies are often responsible for planning and implementing physical and economic displacement in preparation for private sector projects or as direct sponsors of such projects. Some countries have national legislation guiding the resettlement process. Government agencies follow national legal requirements, while clients were required to ensure that resettlement undertaken on their behalf meets national laws as well as the objectives of the Performance Standard 5.This may require supplementing the government’s efforts in various ways”.

Mr Mzwinila said some of the objectives of IFC Performance Standard 5 were to anticipate and avoid, or where avoidance was not possible, minimize adverse social and economic impacts from land acquisition or restrictions on land use by providing compensation for loss of assets at replacement cost and ensuring that resettlement activities were implemented with appropriate disclosure of information, consultation, and the informed participation of those affected.

He also said the objective included to improve or restore the livelihoods and standards of living of displaced persons and as well as to improve living conditions among the physically displaced persons through the provision of adequate housing with security of tenure at resettlements sites.

Mr Mzwinila also said under the compensation and benefits for the displaced persons, when displacement could not be avoided, the client would offer displaced communities and person’s compensation for loss of assets at full replacement cost.

He said where livelihoods of displaced persons were land-based or where land was collectively owned, the client would, where feasible, offer the displaced land-based compensation.

Regarding compensation for the expansion of Orapa Game Park, Mr Mzwinila mentioned that it was based on Tribal Land Act, Section 25.

He however said in line with IFC Performance Standard 5, Debswana also offered extra incentives to the displaced.

He also pointed out that in accordance with the Tribal Land Act, if there were disagreements regarding the compensation amount, the two parties must agree on the arbitrator for arbitration.

Meanwhile Mr Mzwinila also stated that he was aware that some of the farmers who were assessed by Ngwato Land Board had not yet collected their compensation from Debswana.

He however said he was not aware that some farmers felt that the standard was not considered during the calculations of their relocation packages.

Member of Parliament for Boteti East Sethomo Lelatisitswe has asked the ministry to appraise on whether the government of Botswana subscribes to the standards set out by International Finance Corporation.

MP Lelatisitswe also wanted the minister to describe the Performance Standard 5 under IFC, Land Acquisition and Involuntary Resettlement, and what it entailed under compensation and benefits for the displaced persons.

He further wanted to know if the performance standard followed during the recent expansion of Orapa Game Park, and where do the aggrieved parties report their cases locally and internationally. Ends