ABSTRACT

This chapter considers how to assess country level safeguards in South Africa, which does not have laws or policy at national level specifically designed to address development-forced displacement and resettlement (DFDR) as such. It unpacks resettlement-relevant issues in South African legislation as well as international resettlement policies that impact upon DFDR in South Africa. Various cases of DFDR in South Africa are examined and raise diverse issues around the idea of a South African country framework. A country policy/legal framework for DFDR needs to involve genuine consultation and participation that incorporate options assessment at all stages of the development project and resettlement process. It needs to argue unambiguously for improved living standards for the affected people. Importantly, a country policy/legal framework must ensure that the displaced people are as much beneficiaries of the project as those whose plans are forcing them to move. Public, private, civil society and research interests must be involved at the project level.