394. In order to ensure equality of people, the new Code defines and penalizes discrimination. 395. Any distinction, exclusion, restriction or preference based on sex, gender, disability, race, colour, ancestry or family or ethnic or regional origin, economic or social status, political, religious or philosophical or other beliefs shall constitute discrimination. Then also any distinction, exclusion, restriction or preference based on HIV-positive status, the purpose or effect of which is to destroy or impair recognition, enjoyment or exercise fundamental rights and freedoms in the political, economic, social and cultural spheres or in any other area of public life shall constitute discrimation. 396. Any act of discrimination shall be punishable by imprisonment for a term ranging from six (6) months to two (2) years and a fine ranging from five hundred thousand (500, 000) to two million (2,000,000) CFA francs or one of these penalties, Article 21: Right to freely dispose of resources 397. The exercise of the liberty to dispose of resources contributes to the economic and social development of a people. This right is respected by Togo in its national and international policy. The annual private income from the renting of productive land is re-assessed at fifty thousand (50,000 CFAF/hectare per year). This price is complied with by companies such as the West African Cement (WACEM), SCANTOGO and SNTP 398. Compensation for crops is assessed by the Ministry of Agriculture, Livestock and Water Resources depending on the species cultivated and with the consent of the populations of the mining communities. 399. It should be noted that an operation is carried out to rehabilitate the soils which are handed back to the rightful owners after a rehabilitation period of three (3) to five (5) years. 400. Factory and mining sites are purchased according to the principles laid down by the World Bank (WB). For a hectare bought, another one is acquired elsewhere for the landlord in addition to the money received for the expropriated hectare. 401. Law No. 2011-008 of 5 May 2011 relating to the contribution of extractive companies to the local and regional development compels extractive companies to negotiate an amount which they have to pay annually to the riparian populations for their needs. 116