Analisis Juridico Del Reasentamiento Humano En Honduras

ANALYSIS OF THE HONDURAN REGULATORY FRAMEWORK FOR THE INVOLUNTARY RESETTLEMENT OF PROJECT-AFFECTED PERSONS AND THE RIGHT OF WAY ACQUISITION FOR THE UPGRADING OF CA-5 NORTH HIGHWAY

Mario Vallejo Consultant

Millennium Challenge Account of Honduras (MCA-Honduras)

Tegucigalpa, M.D.C.

November 2006

Millennium Challenge Account MCA Honduras/USAID

TABLE OF CONTENTS

ACRONYMESEXECUTIVE SUMMARY 1 INTRODUCTION

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1.1 Background of the Proposal 1.2 Scope of the Consultancy 2. ANALYSIS OF THE HONDURAN REGULATORY FRAMEWORK FOR THE INVOLUNTARY RESETTLEMENT OF PERSONS 2.1 MCC and World Bank Policies on this subject. 2.2 Property in General in Honduran Legislation 2.3 Legal system derived from the Millennium Account 2.4 Competencies of Institutions on Property Rights2.5 Current Scenarios to recognize rights of persons affected by the right of way 3 PROPOSAL TO BE IMPLEMENT WORLD BANK POLICY 4.12 IN SEGMENTS THAT WILL BE IMPLEMENTED BY MCA HONDURAS.

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3.1 Main results of the legal analysis related to OP 4.12 3.2 Options to apply the MCC Policy conciliated with OP 4.12 3.3 Legal Justifications of the Proposal 3.4Proposal to Implement World Bank PO 4.12 Policy BIBLIOGRAFY CONSULTED. PERSONS INTERVIEWED ANNEXES 1 ANNEX 1: Decree Approving the Millennium Challenge Compact ANNEX 2: Millennium Challenge Law ANEXO 3: Authorization to negotiate the resettlement of owners in the Program to Upgrade the Atlantic Corridor of the Plan Puebla Panama. 47-2006, May 29, 2006 ANNEX 4: Law on Forceful Expropriation

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Analysis of the Honduran Legal Framework in the Application of the Involuntary Resettlement Policies for Populations and Freeing of the Right of Way for the Upgrading of the CA-5 North Highway

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Millennium Challenge Account MCA Honduras/USAID

ACRONYMES

IDB WB IP MCA Honduras MCC OP 4.12 PGR CA-5 North Project

Inter American Development Bank World BankProperty Institute Honduras Millennium Challenge Account Program Millennium Challenge Corporation World Bank Operational Policy on Involuntary Resettlement Office of the General Attorney Transportation project which includes the extension and upgrading of 109 kilometers of the CA-5 North Highway with Millennium Challenge Account funding Ministry of Finance Ministry of Public Works, Transportation andHousing Ministry of the Presidency High Court of Accounts

SEFIN SOPTRAVI SP TSC

Analysis of the Honduran Legal Framework in the Application of the Involuntary Resettlement Policies for Populations and Freeing of the Right of Way for the Upgrading of the CA-5 North Highway

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Millennium Challenge Account MCA Honduras/USAID

EXECUTIVE SUMMARY
To prepare the involuntary resettlementplans anticipated in the implementation process of the CA-5 North Project, funded with Millennium Challenge Corporation (MCC) funds, it is important to consider the special situation of the different sectors involved in these displacements, the treatment they are entitled to receive according to the procedures used by the national authorities responsible of such displacements, as well as MCC policyrequirements and their congruence with national legislation. According to the investigation, there are two types of displaced persons: private owners who have their land, houses or business located within the area of the highway extension and who, in the current procedure and according to an expropriation agreement issued by the Executive Power, through SOPTRAVI, are entitled to the option ofreceiving payment for their property and improvements (if the land is state or municipal property they are entitled only to the option of receiving payment for the improvements of the same); and the persons who, at different moments in time, invaded the right of way, within the limits established by the Law on Land Communication Roads, for whom the law does not recognize any rights since it...