Resettlement Planning Document
Resettlement Plan Document Stage: Final Project Number: 33437-01 December 2007
Provincial Boundary Dike Project on the Right Bank of Nen River (Zhatai Dike ~Banlashan Dike)
Under
People’s Republic of China: Songhua River Flood Management Sector Project
Prepared by Right Bank of Nen River Provincial Boundary Dike Project Construction Administration Bureau
The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.
Check and Approve: Sun Zhong
Check and Examine: Yu Chunhe Peng Yu
Writers: Miao Lifeng Zhang Jizhen Dai Hao Huang Lina
Lv Haiyou Wang Qi Guo Hai Yu Shengqing
Peng Liqian Wang Cheng Yu Dianping Ding Baiqi
Wu Wenji Song Wei Wang Huarong Qin Xiyan
Hou Haiyan Wang Xin Liu Jia Wang Liyong
Xin Yongda Guan Linchao Jiang Di Zou Jingmin
Liu Shuhua
Translator: Wang Xin
TABLE OF CONTENTS ENDORSEMENT LETTER ...... 1 SUMMARY...... 1 1 General Introduction of the Project...... 1 2 Project Impacts ...... 1 3 Socioeconomic Survey ...... 2 4 Legal Framework...... 3 5 Compensation Policies and Compensation Standards...... 3 6 Resettlement Measures...... 4 7 Budget ...... 4 8 Resettlement Activity Arrangement...... 5 9 Resettlement Organization ...... 5 10 Participation and Consultation ...... 5 11 Complaint and Appeal...... 6 12 Monitoring...... 6 1 GENERAL CONDITION OF THE PROJECT ...... 7 1.1 Brief Description of the Project ...... 7 1.2 Project Impact Areas and Benefit Areas ...... 8 1.3 Measures to Reduce the Project Impacts...... 10 1.3.1 Optimizing Project Design to Reduce the Impact Scope of Land Acquisition ..... 10 1.3.2 Optimizing the Arrangement for Temporary Land Acquisition ...... 10 1.4 Planning and Design Procedure of the Project...... 10 1.5 Proprietorship and Institutional Framework of the Project...... 11 1.6 Preparation for Resettlement Plan...... 12 1.7 Objectives of Resettlement...... 12 1.7.1 Keeping Affected Persons to Minimum Level...... 12 1.7.2 Benefits for Affected Person through the Project ...... 12 1.7.3 Production and Living Standards of Affected Persons will be Restored or Improved ...... 12 2 PROJECT IMPACTS ...... 13 2.1 Survey on Project Impacts...... 13 2.1.1 Measures for Project Land acquisition Impact Survey ...... 13 2.1.2 Impact Survey on Construction Land Acquisition...... 17 2.2 Impact Scope of Land Acquisition...... 17 2.2.1 Permanent Land Acquisition ...... 18 2.2.2 Temporary Land Occupation ...... 19 2.2.3 Impact Scope of Houses Demolition ...... 20 2.3 Affected Population...... 21 3 SOCIEOECONOMIC SURVEY...... 22 3.1 Socioeconomic Survey in Project Impact Area ...... 22 3.1.1 Basic Situation of Zhalaite County ...... 22 3.1.2 Basic Situation of Affected Townships...... 22 3.1.3 Basic Situation of Affected Villages...... 23 3.2 Sample Survey for the Households Affected by the Project ...... 23 3.2.1 Family Population...... 24 3.2.2 Age Scope of Family Members ...... 24
3.2.3 Education Background ...... 25 3.2.4 Persons doing Non-agricultural Business ...... 25 3.2.5 Family Productive Situation...... 26 3.2.6 House Condition...... 26 3.2.7 Annual Family Income and Payout...... 27 4 LEGAL FRAMEWORK...... 30 4.1 Legal Gist ...... 30 4.1.1 National Laws and Regulations on Land Acquisition and Resettlement ...... 30 4.1.2 The Other Related National Policies and Regulations ...... 30 4.1.3 Regulations of Vocation and Department...... 30 4.1.4 Related Document and Regulations of Inner-Mongolia Autonomous Region ..... 31 4.1.5 Related Policies of ADB ...... 32 4.2 Regulations for Land Acquisition Authority and Compensation ...... 32 4.3 Legal and Administration Procedures...... 34 4.4 Compensation Regulations...... 35 4.5 Legal Responsibilities of Organization...... 39 4.6 Resettlement Policies of ADB...... 40 4.6.1 Involuntary Resettlement Policies of ADB...... 40 4.6.2 Differences and Adapting ...... 40 5 COMPENSTION POLICIES AND COMPENSATION STANDARDS...... 42 5.1 Compensation Standards ...... 42 5.1.1 Compensation Standards for Permanent Land Acquisition...... 42 5.1.2 Compensation Standard for Temporary Land Occupation ...... 43 5.1.3 Compensation Standards for Houses and Attached Establishments ...... 43 5.1.4 Restoration and Reconstruction for Basic Infrastructures...... 44 5.1.5 Transportation Fee and Other Assistances ...... 44 5.2 Responsibilities and Rights for Affected Persons ...... 44 5.3 Entitlement Matrix...... 44 6 RESETTLEMENT MEASURES...... 46 6.1 Income Restoration of Permanent Land Acquisition...... 46 6.2 Restoration Plan for Temporary Land Acquisition...... 47 6.3 Living Resettlement Programming for Rural Affected People...... 47 7 BUDGETS...... 48 7.1 Cost ...... 48 7.2 Investment Plan According to Years ...... 49 7.3 Resource of the Fund ...... 49 8 RESETTLEMENT ACTIVITIES ARANGEMENT...... 50 8.1 Linkage of Resettlement Schedule with Construction Schedule ...... 50 8.1.1 Construction Schedule ...... 50 8.1.2 Linkage of Resettlement Schedule with Construction Schedule...... 50 8.2 Principle for Making Resettlement Implementation Schedule ...... 51 8.3 General Schedule for Land Acquisition and Resettlement ...... 51 9 RESETTLEMENT ORGANIZATION...... 53 9.1 Organizations Related to Resettlement Activities...... 53 9.2 Brief Description of Organizations ...... 53
9.3 Organization Framework ...... 55 9.4 Organization Qualification...... 55 9.5 Obligations of Agencies ...... 56 9.6 Measures to Enhance Capability of Organization...... 58 9.6.1 Training the Resettlement Staff ...... 58 9.6.2 Knowledge Exchange with Other ADB Projects through Field Visit ...... 58 9.6.3 Establishing Rational Stimulation Mechanism...... 59 9.6.4 Establishing Management Information System...... 59 9.6.5 Reinforcing Internal and External Monitoring ...... 59 10 PARTICIPATION AND CONSULTATION...... 60 10.1 Public Participation Strategy...... 60 10.1.1 Public Participation in Project Preparation ...... 60 10.1.2 Public Participation in Socio-Economic Survey...... 60 10.1.3 Public Participation Plan...... 60 10.2 Publication ...... 61 10.3 Vulnerable Households...... 61 10.4 Public Opinions Survey...... 61 11 COMPLAINT AND APPEAL...... 64 12 MONITORING...... 65 12.1 Internal Monitoring and Inspecting...... 65 12.1.1 Implementation Procedure ...... 65 12.1.2 Monitoring Contents ...... 66 12.1.3 Personnel ...... 66 12.2 Independent External Monitoring...... 66 12.2.1 External Monitoring Agency ...... 66 12.2.2 Responsibilities ...... 67 12.2.3 Resettlement Procedures...... 68 Appendix1: Resettlement External Monitoring and Evaluation Outline of ADB Financed Nen Right Project ...... 69 1 Brief Introduction of the Project ...... 69 2 Objectives of Resettlement External Monitoring and Evaluation...... 69 3 Contents of Resettlement Monitoring and Evaluation...... 70 4 Institutional Framework of Monitoring and Evaluation...... 70 5 Measures of Resettlement Monitoring and Evaluation ...... 70 6 Schedule of Monitoring and Evaluation ...... 71 7 Technological Courses of Monitoring and Evaluation ...... 71 Appendix 2: Impact Scope of the Project Land Acquisition ...... 73 Appendix 3:...... 74 Appendix 4:...... 75 Appendix 5: Resettlement Information Booklet ...... 97
ENDORSEMENT LETTER
SUMMARY
1 General Introduction of the Project
Provincial boundary dike project on the right bank of the mainstream of Nen River (“the project” for short) is located on the right bank of Nen River and Chuoer River, which are located on the boundary of Inner-Mongolia Autonomy Region, Heilongjiang Province, and Jilin Province. The total length of the construction is 114.072km.
The project consists of Provincial boundary dike project on the right bank of mainstream of Nen River located on Banlashan on the right bank of Chuoer River dike, Baoanzhao dike, and Zhatai dike.The total length of the 3 dikes is 72.325 km. Banlashan Dike has been partially constructed through other counterpart fund, so the dike construction management scope consists of 25.852 km of Zhaitai Dike, 15.67 km of Baoanzhao Dike, and 3.5 km of Banlashan Dike, and 45.022 km of dike in total.
Zhatai Dike, Baoanzhao Dike, and Banlashan Dike on the right bank of Chuoer River of the project and the other mainstream dike of Nen River in the downriver (Wanjiaweizi Dike and Tailai Dike) protect 35 townships, a population of 388.2 thousand, and an area of 2881.2 thousand mu of cultivated land in Inner-Mongolia Autonomy Region, Jilin Province, and Heilongjiang Province.
The aim of relocation of the project: try to avoid or decrease the number of affected persons; the affected persons can enjoy the benefits from the project construction; affected persons’ living levels should reach or exceed their living levels before land acquisition.
2 Project Impacts
Construction in the part of Banlashan dike has been implemented partially, so the dike project management scope includes 25.852km of Zhatai Dike, 15.67km of Baoanzhao Dike, and 3.5km of parts of Banlashan Dike, and the total length of them is 45.022km. Land acquisition scope of the project is 30m inside and outside the dike of the dike project management scope (if there are cultivated land and private houses in the scope of land acquisition, the width of land acquisition will be 20m), as well as land acquisition caused by expanding the body of dike, dike project management scope, and land acquisition caused by management construction and material plot.
The data of land acquisition in the report is according to the survey of the land measure institution in August 2007; and the data for building demolition in the report is according to the survey conducted by State Water Northeast Company in November 2006.
According to the survey, land acquisition caused by dike construction management and dike construction refers to 5 townships, 1 farm, 9 villages, and 15 villager groups. 1907.77 mu of land will be occupied by the project permanently (in which the area of cultivated land is 326.72mu), in which 1894.03 mu of land will be acquired permanently because of dike management (in which the area of cultivated land is 312.98 mu), and the area of permanent land acquisition of management construction is 13.74 mu.
2
Temporary land acquisition of the project refers to 6 grit material plots, and 1998.44 mu of unused waste grassland will be occupied temporarily.
2180.44 m2 of the houses in the scope of land acquisition of the project should be demolished (in which the area of main houses is 1699.6 m2; the area of attached houses is 235.93 m2; and the area of storehouses is 244.91m2).
Permanent land acquisition of the project refers to 9 villages, and most of the cultivated land involved in permanent land acquisition belongs to collective owned land, and only accounting for a small amount of the whole; and only the land acquisition of Jinxing Village refers to 6 households ,totally 22 persons.
Houses demolition of the project refers to 38 households, totally 123 persons, in which 12 households (39 persons) need to be relocated, and 26 households (84 persons) attached establishments will be affected by the project.
3 Socioeconomic Survey
Land acquisition and building demolition of the project only refer to 1 minority autonomy county (Zhalaite County) of Inner-Mongolia Autonomy Region. Zhalaite County is a multinational county, which Han nationality accounts for most the total population, and Mongolia nationality is the dominated minority nationality.
Land acquisition and building demolition of the project refers to 10 administrative villages of Zhailaite County. Population of the 10 villages is 16689, in which the number of laborers is 8484. Total area of cultivated land in the 10 villages is 8020 ha, and the average area of cultivated land per capita is 0.48 ha. Average income per capita in affected villages is CNY 2631.
Jilin Songliao Water Resources Hydropower Consultation Limited Company and the project Resettlement Management Office carried out a social economic survey for affected villages in December 2006. The survey objectives are 15 households (56 persons) in 4 affected villages, in which 12 households (11 households should be relocated, and they account for 91.7% of the total number of households that will be relocated; and 31.6% of the households affected by building demolition) are affected by building demolition; 3 households (account for 50% of all the households affected land acquisition) are affected by land acquisition. 19 persons (refer to 4 households) are Mongolia nationality, which occupy 19.6% of the whole. There is no vulnerable household in the scope of survey.
15 households that we chose have 296.4 mu of cultivated land, in which the area of foodstuff cultivated land is 286.6 mu (accounts for 96.7% of the whole). Area of 15 households’ housing land is 19636 m2, and the area per door is 1309.07 m2, and the area per capita is 350.64 m2. Construction area of the main houses is 1306 m2 (and the area per door is 87.07 m2, and the area per capita is 23.32 m2), in which the area of houses made of brick and tile is 490 m2 (accounts for 37.52% of the whole).
According to our survey, the annual net income per capita is CNY 3873.33, in which 72.57% comes from planting, and the other 27.43% comes from animal husbandry, tertiary industry, and part-time job, etc. Among the total family income, the income comes from planting is the most, and it indicates that the farmers in affected villages depend on land seriously.
3
According to the survey, there is no obvious difference between the minority families and Han nationality families in their living and production. Their main income is from agriculture, and there is no vulnerable group among the affected families.
4 Legal Framework
The principles for land acquisition and building demolition is established on the basis of land administration law of our state, local laws and byelaws, and related requirements of ADB. The main goal of land acquisition and building demolition is to restore affected persons’ living and income level and try best to finish the damage on their economic and social environments. The needs of poor and vulnerable households who need to move should be paid more attention to. The project resettlement plan is prepared according above principle.
Generally, laws and regulation of PRC and Inner-Mongolia Autonomous Region are consentaneous with resettlement policies of ADB. If several regulations are repugnant with resettlement policies of ADB, the project will adopt resettlement policies of ADB.
5 Compensation Policies and Compensation Standards
According to the resettlement policies of PRC, Inner-Mongolia Autonomous Region Government, Zhalaite County Government, and ADB, the project makes compensation policies for land acquisition and building demolition, and confirms the concrete compensation standards.
According to average annual output value (AAOV for short) measuring and calculating table of land acquisition that issued by Zhalaite County of Xing’an City, Inner-Mongolia Autonomous Region, we work out that the AAOV of the cultivated land in the 3 years is: CNY 396.62/ mu. The compensation fee and resettlement assistance fee for the cultivated land both inside of the dike (back to the water surface) and outside of the dike (face to the water surface) is 16 times as the AAOV; and the compensation for standing young plant on the field both inside the dike and outside the dike is 1 time.
Compensation unit price for glebe/ dryland: CNY 6345.88 /mu; Compensation unit price for garden plot: CNY 6345.88 /mu; Compensation unit price for standing young plant: CNY 396.62/ mu; Compensation unit price for greenhouse: CNY 22488/mu. According to the standard in the Feasibility Study Report (FSR) of the project, approved by NDRC, the compensation standard for the collective owned unused waste grassland is CNY 500/mu. Compensation for forestland includes compensation for woods, forestland, and resettlement assistance. Compensation unit price for forest: CNY 2700/mu. Resettlement assistance: CNY 2000/mu Compensation unit price for forestland: CNY 4050/mu. Land refers to temporary land occupation in the project is unused waste grassland, and according to related policies of the country, the land can be used for free, and it is unnecessary to pay the compensation fund. Houses made of brick and wood: CNY 532.35/m2; Houses whose 1 aspect is made of brick: CNY 427.35/m2;
4
Houses made of earth and wood: CNY 317.1/m2; and, Storehouse: CNY 225/m2.
The project also makes concrete compensation standards for the establishments attached to affected persons’ houses.
6 Resettlement Measures
Resettlement of the project consists of the resettlement for rural houses demolition, the resettlement for land acquisition, the income restoration plan, the restoration plan for temporary land occupation, the compensation and resettlement for corporations, and the resettlement for the attached establishments on the ground.
By consulting with local cadres and affected persons, we know that their favorable resettlement project is: sending resettlement assistance directly to affected households, and the government should lead them to put the fund into production, such as developing greenhouse planting in remaining land, breeding milk cow and pigs, so as to use of the remaining land fully and make up income losses. Village collectivities should improve production conditions in the village with land compensation, such as roads and water conservancy establishment, etc, so as to lay a good foundation for villagers to develop their production.
Material plots of the project occupy 1998.44 mu of unused waste grassland temporarily, and the land is waste grassland that belongs to village collectivities. The temporary wasteland occupation refers no household. The land will be occupied for 2 years. According to the general arrangement of the project, the grassland will be restored by conservation of water and soil project, after the project being finished, so as to ensure that the waste grassland be restored.
Land acquisition of project management only affects the houses that in the scope of 20 m from the dike foot, and only a small amount of rural houses in the 5 villages will be affected by it. After asking for the comments of local government, it was decided that the persons whose houses will be demolished will be relocated in the primary villages. According to the regulations on the area of construction land per capita in the
7 Budget
The budget in the resettlement plan includes: Compensation fee and resettlement assistance for land acquisition, compensation fee for houses and attached buildings, restoration and rebuilt fee for basic establishments, transportation fee, expenses on the land acquisition of management construction and material plots, the other expenses, preparation fee, an related tax, etc.
The resettlement cost estimate for this subproject is CNY 8.4849 million.
According to the arrangement in plan, the fund comes from financial transfer.
5
8 Resettlement Activity Arrangement
According to the plan for the project construction, the project made a resettlement schedule for land acquisition, and the basic arrangements are:
2006.08.15-2007.11.30: Planning work of land acquisition and building demolition; 2008.01.01-2008.03.30: Land acquisition; 2008.02.15-2008.06.30: Building demolition; 2008.05.10-2009.04.08: Resettlement; and, 2007.06.01-2009.7.30: Monitoring and evaluation.
9 Resettlement Organization
Because the land acquisition and building demolition, caused by the project, occurs in Zhalaite County, the land acquisition and building demolition of the project will be undertaken by Zhalaite Government in order to carry out the works favorably. Nen Right Bureau will be responsible for collecting fund for the project according to the approved design, monitoring the resettlement work, and coordinating the relevant work.
Zhalaite County Government organized the principals of Zhalaite County Water Resources Bureau, Zhalaite County Land Resources Bureau, etc to establish a Project Land Acquisition and Resettlement Leader Group for the Project. The Project Leader Group is responsible for leading and organizing land acquisition and resettlement, policies making, checking and implementing of Resettlement Plan, and carrying out internal monitoring.
Project Land Acquisition and Resettlement Office is established under Zhalaite County Water Resources Bureau, and the Office is responsible for managing the implementation of land acquisition and building demolition.
After the project being finished, it will be handed over to Zhalaite County Water Affairs Station to take charge of the daily management and maintenance.
The resettlement implementing agencies are all well operated by high-quality staff with full-time personnel of 69 persons and 137 persons at rush time. The staff has wide range of technical background and rich experience in resettlement implementation.
10 Participation and Consultation
In order to formulate policies related the resettlement, prepare Resettlement Plan, minimize complaints and disputes from affected persons, and accomplish the target of appropriate resettlement, a great deal of efforts have been made and will be made on public participation and consultation during stages of preparation and implementation of the Resettlement Plan.
Townships, villages, and individuals that affected by land acquisition and building demolition of the project were all encouraged taking part in the project during the project reparation stage, socioeconomic survey stage, and resettlement policies making stage, and their opinions and suggestions were all paid more attention by the project.
6
The project also discloses compensation standards and resettlement policies by paper, broadcast, TV, notice and Resettlement Information Booklets.
The work staff found by carrying out survey on 100 households of 10 villages that most of them knew about the project and supported the construction of the project, and they also considered that the project will bring benefits to them.
The revised report (according to the comments of ADB) has been opened to affected townships, villages, and individuals by local government, and it was accepted by them.
11 Complaint and Appeal
The participation of affected persons will be always strengthened during the preparation and implementation of Resettlement Plan. The Resettlement Plan and the Resettlement Information Booklet had been published and circulated completely before December 15, 2007. Meanwhile, a transparent and effective procedure of grievance and appeal as follows will be established to avoid the occurrence of major grievances.
12 Monitoring
In order to ensure implementation of the Resettlement and accomplish the objectives to achieve appropriate resettlement successfully, monitoring and evaluation should be carried out for the implementation of resettlement in accordance with the requirement of the Operation Manual of Involuntary Resettlement of ADB. The monitoring is divided into two parts, the internal monitoring undertaken by the resettlement implementing agencies and the independent external monitoring by an independent monitoring agency.
The internal monitoring is undertaken by ADB Project Leader Group, ADB Project Office, Water Affairs Bureau, and Townships Governments with the objectives to ensure all responsible entities to execute resettlement conforming to the principal and schedule of the Resettlement Plan and to keep good performance in the implementation.
The independent monitoring and evaluation will be done by an independent external monitoring agency that will carry out regular monitoring and evaluation to the activities of resettlement. An agency undertakes the external monitoring, being independent of Project Office, to inspect the whole implementation from an overall and long-term point of view. The external monitoring agency will track the resettlement activities of the Project to evaluate whether the implementation of resettlement. Changchun Songliao Reservoir Resettlement Development Training and Consultation Center is entrusted as the resettlement independent monitoring organization, and it is proposed to carry out the resettlement external monitoring and evaluation of the project.
7
1 GENERAL CONDITION OF THE PROJECT
1.1 Brief Description of the Project Provincial boundary dike project on the right bank of the mainstream of Nen River (“the project” for short) is located on the right bank of Nen River and Chuoer River, which are located on the boundary of Inner-Mongolia Autonomy Region, Heilongjiang Province, and Jilin Province. The project consists of Zhatai dike, Baoanzhao and Banlashan dikes, Wanjiaweizi, Baiqitu, Linjiang, Shuanghe, and Tailai dikes(Laojuzi, Banlashan, Mati, and Banzishan) that on the right bank of the mainstream of Nen River, Liangke, Glory to Yanjiang, and Tailai farm dikes, and Baishatan revetment. The total length of the construction is 114.072km. The project consists of Provincial boundary dike project on the right bank of mainstream of Nen River that is located on Banlashan on the right bank of Chuoer River dike(Ban K0+000~Ban K30+803), Baoanzhao dike (Bao K0+000~Bao K15+670), and Zhatai dike (Zha K0+000~Zha K25+852), of which the Banlashan dike is located at the infall of Nen River and Chuoer River, and the dike burdens of the floods of Nen River and Chuoer River. The part of dike connects with Baoanzhao dike and natural high land of Zhongxin Village of Numuren Township of Zhalaite County. Total length of the dike is 30.803km, and the number of the peg is Ban K22+315.22~Ban K24+432.72, which divides Banlashan Dike to 2 parts; Baoanzhao Dike originates from the 100-m plot of water entering gate in the upriver of main stream, and it connects with Zhatai Dike in the upriver, and it is downriver to the boundary of Wulan Branch and dike road of Banlashan Dike, and the total length of Baoanzhao Dike is 15.67 km. Zhatai Dike originates from the water entering gate of Wudaohezi Channel, and it is down to 100-m plot of the water entering gate in the upriver main stream of Baoanzhao Dike, and the total length of Zhatai Dike is 25.825 km. In order to protect cultivated land and villages, the local persons had started to construct dike on the right bank of downriver Chuoer River that is in the branch of Nen River since 1923. After having been strengthened twice in 1926 and 1941 respectively, the dike on the downriver Chuoer River was started to construct generally in 1956, and it is finished constructing basically in 1958. Being improved continuously these years, the dike on the infall of downriver Chuoer River and Nen River Mainstream reaches a certain scale. Because altitude of the dike is low, so the rate of dike bursting increases. Section of the dike is narrow, and the seeping diameter is short, so it can not keep seepage being steady, and it is easy to collapse or coast. In order to ensure the safety of the dike in flood season, it is urgent to strengthen the dike. In addition, because the construction agency used the earth near the dike, and there are a lot of pits in front of the dike. Being eroded by floods, the dike is damaged, and it threatens the safety of the whole dike. In addition, a part of the dike is affected by stormy wave, and it is also dangerous. The dike needs to be strengthened urgently. In 1998, the flood made 33 plots of the dike damaged (slope erode, basis of the dike seep, bank collapse, and tinpot buildings), and the total length of it was 41.312 km. There are 9 primary across-dike buildings of the Right Bank of Chuoer River Dike, and they are Water Entering Gate of Wudaohe Channel, Water Entering Gate of Mainstream, Qizhikou Control Water Gate, Duerbenxin Water Discharging Gate, Wutaqi Pumping Station, Wutaqi Sullage Culvert, Banlashan Pumping Station, Banlashan Water Discharging Gate, and Numuren Pumping Station. These buildings has been used for many years, suffering from foods, especially the “98 flood”, they were all damaged more or less. Because the primary dike is weak, after being strengthened, across-dike buildings need to be reconstructed, too. At present,
8 construction of Qizhikou Control Water Gate, Du’erbenxin Water Discharging Gate, Wutaqi Pumping Station, Wutaqi Sullage Culvert, Banlashan Pumping Station, Banlashan Water Discharging Gate, and Numuren Pumping Station has been finished. In the inception plan, Water Entering Gate of Mainstream should be rebuilt in another location, and Entering Gate of Wudaohe Channel should be repaired and strengthened. The dike project was listed in the Feasibility Study Report of ADB Financed Songhua River Flood Management Project, which is approved by primary State Development Planning Committee (primary State Development Planning Committee approved the Feasibility Study Report of ADB Financed Songhua River and Nen River Flood Management Project by the document of “Planning Agricultural Economic [2002]No. 1099”, but the project was not written in
9 management scope, land acquisition caused by management construction and material plot. The dike project management scope is accordance with the document of Inner-Mongolia Government [1995] No. 137
10
2. Land acquisition caused by construction Construction permanent land acquisition includes material plot land acquisition and management construction land acquisition. The land acquisition of materials plots includes Wulan material plot of Yinder Town, and the area of cultivated land acquisition is 13.74 mu (in which 9.49 mu of cultivated land belongs to Yinder Town, and 5.25 mu of cultivated land belongs to Wulan Farm). Construction temporary land acquisition refers to 10 grit materials plots, 1998.44 mu of unused waste grassland will be occupied temporarily, and the waste grassland is collective unused grassland, so no farmer refers to it, and the occupied period will be 2 years. 1.3 Measures to Reduce the Project Impacts In order to reduce the impacts caused by project construction on the villagers nearby, according to
1.3.1 Optimizing Project Design to Reduce the Impact Scope of Land Acquisition
According to the plan of the project, the primary dike will be extended, so that construction land acquisition will be reduced greatly. In order to reduce the impacts of land acquisition, the land acquisition range of the cultivated land and houses in the scope of dike management decreased from 30 m to 20 m; and the area of the cultivated land involved in land acquisition was decreased from 359.54 mu to 312.98 mu; and the demolished area of private houses decreased from 3291.81 m2 to 2180.44 m2; and the number of affected households decreased from 21 to 12.
1.3.2 Optimizing the Arrangement for Temporary Land Acquisition
The project construction will occupy cultivated land temporarily as few as possible. In accordance with field survey, the project will try any way to use of wasteland as land occupation plot. 1.4 Planning and Design Procedure of the Project Ministry of Water Resources held a meeting in Harbin to carry out the document of
11
(“the company” for short) took on writing Resettlement Plan of the project foreign feasibility study. A 8-staff working group that consisted of project group of the company and staff of Zhalaite County Water Affairs Bureau and Dike Administration Station used 1 week to check the impact scope of land acquisition and building demolition of the project and carry out survey on the county, townships, villages, and individuals affected by the project in November and December according to inception plan of the project and related information provided by designing institution, and the working group gained the information of socioeconomic survey. According to the survey and inception plan of the project, the company began to prepare resettlement plan of the project in December 2006, and it was finished in the end of December, 2006. According to the comments of project owner and the actual changes, the company revised the report, and we submitted the report to related ADB international consultant to read in July 2007. The project owner consigned a land measure institution to measure the impact scope of the land acquisition caused by the project again in August 2007, and the institution submitted the updated data of land acquisition in September 2007. According to the comments of project owner and international consultant, the updated data of land acquisition, and also the actual conditions of the project, the company revised the resettlement plan again in the last 10 days of September 2007, and we finished the draft in the end of September 2007, and now we submit it to ADB Resident Mission in Beijing to check and read. ADB Resident Mission in Beijing brought out the comments on the feasibility study report, initial environmental examination, and the resettlement plan of the project and the resettlement plan were agreed by ADB basically. ADB also brought the concrete revising comments on the Resettlement Plan. According to the revising comments of ADB, the project group revised the plan, and then submits the Resettlement Plan. ADB Headquarter brought out their comments on the Resettlement Plan of the subproject on December 10, 2007, and the resettlement plan of the project and the resettlement plan were agreed by ADB basically. According to the revised comments of ADB Headquarter, the project group revised the plan, and now we submit it to ADB to approve. 1.5 Proprietorship and Institutional Framework of the Project Zhalaite County Government is responsible for land acquisition and building demolition of the project, and Right Bank of Nen River Provincial Boundary Dike Project Construction Administration Bureau (“Nen Right Bureau” for short) takes charge of fund collection for the project, monitoring the implementation of land acquisition and building demolition, as well as the coordination work. Nen Right Bureau also takes charge of organizing the preparation of the Resettlement Plan. Zhalaite County Government organized principals of Zhalaite County Water Affairs Bureau, Zhalaite County Land Resources Bureau, etc to establish a Project Land Acquisition and Resettlement Leader Group for ADB Financed Right Bank of Nen River Provincial Dike Project. The Project Leader Group is responsible for leading and organizing land acquisition and resettlement, policies making, checking and implementing of Resettlement Plan, and carrying out internal monitoring. Project Land Acquisition and Resettlement Office is established under Zhalaite County Water Resources Bureau, and the Office is responsible for managing the implementation of land acquisition and building demolition. After the project being finished, it will be made over to Zhalaite County Water Affairs Station to
12 be taken charge of its daily management and maintenance. 1.6 Preparation for Resettlement Plan Resettlement Plan is taken charge by Nen Right Bureau (project owner) and Project Land Acquisition and Resettlement Leader Group with the major responsibility as preparing the Resettlement Plan outline, organizing relative persons to prepare the Resettlement Plan as well. The Project Land Acquisition and Resettlement Office is established under Zhalaite County Water Affairs Bureau, and the Office is responsible for organizing social economic survey on relative sectors of the county, townships, and villages. 1.7 Objectives of Resettlement
1.7.1 Keeping Affected Persons to Minimum Level
The resettlement issue caused by the Project should be avoided or reduced as far as possible through optimizing design and selecting dike line reasonably. The project should adopt measures to reduce the impacts of the project on the production and livings of local residents and enterprise, and to improve local economic and social circumstances.
1.7.2 Benefits for Affected Person through the Project
Flood management project is a kind of important infrastructures with a great deal of social and environmental benefits. The completion of the project will certainly improve local social and economic circumstances through reducing food damages at the actions of the dike and improve the living standards of the residents as a result. The involved affected persons will also benefit from the project. Besides receiving proper economical compensation, their original poor living circumstances will be improved, the quality and standard of their livings will be improved, and the local education conditions will be improved greatly.
1.7.3 Production and Living Standards of Affected Persons will be Restored or Improved
Through effective resettlement, the housing conditions, sources of economic incomes, community circumstances and education conditions of affected persons will be restored to original level or be improved in some aspects.
13
2 PROJECT IMPACTS
Land acquisition of Zhatai Dike ~ Banlashan Dike of provincial boundary dike project on the right bank of Nen River includes: land acquisition caused by expanding the dike, dike project management scope, land acquisition caused by management construction and material plot. The dike project management scope is accordance with the document of Inner-Mongolia Government [1995] No. 137
2.1.1 Measures for Project Land acquisition Impact Survey
2.1.1.1 Population Survey 1. Determine Survey Population 1) Survey Population: the persons whose main houses are located in the survey scope; the persons in the above households that more than the planed population and the married persons without household register; the persons do not live in the survey scope but their household registers are in the scope, for example, students or persons who go out of the survey scope to take part-time job; volunteer soldiers, pupils and middle school students; the persons whose household register are outside the survey scope but have houses or jobs in the survey scope. 2) Non-survey Population: the persons whose main houses are located outside the impact scope; the persons who have been dead, but the household registers are in the scope of survey, which have not been written off. 2. Survey Method Field measuring is adopted to measure the main houses of the persons who live less than 30 m from the dike. Household is seen as the basic unit to carry out survey, and population is counted according to townships, villages, and the units smaller than village. Survey staff and principals of county, townships, villages, and the units go to the field together and check legal titles of houses and household registers, then record them one by one. Both householders and survey staff will sign their names on the survey result if they accept it. The survey result will be gathered by the ranks of township, village, and small unit, and all ranks of government will stamp on it. 2.1.1.2 Houses Survey 1. Classify the Houses 1) Classify according to Property Right: according to the property right, the rural houses can be divided to residents’ private houses and collective common houses. State owned houses and the houses belong to township government and corporations will be surveyed as urban houses. 2) Classify according to the structure: it is mainly according to the materials of the houses.
14
Basing on the practical conditions, rural houses are divided to 4 sorts, and similar structures will be surveyed as 1 sort. Brick and wood structure: brick or stone wall, wood board, and tile top. 1-side brick structure: brick and earth wall, wood board, and tile top. Earth and wood structure: wood and earth wall, tile or grass top, and earth floor. All the main houses below the standard of this kind of houses will be compensated as this one. The houses below the standard of subsidiary houses, such as storehouse, barn, fertilizer house, toilet, etc, will be regard as storehouses, and the simple ones will be regard as subsidiary establishments. 2. The house, whose height (from the junction of wall and top to the floor) is higher than 2.2 m; whose top, walls, windows, and doors are all intact; and in which persons live, will be called main house. The other houses, whose height is lower than 2.2 m; and whose top, walls, windows, and doors are intact, will be called subsidiary house. Main houses and subsidiary houses will be surveyed according to different structures. 3. Subsidiary establishments: walls, door, well, ground, cellar, corn container, barn, and toilet. Different sorts of subsidiary establishments will use different measures, such as m2, m3, etc. 4. Calculation standards for house area Construction area of houses is for the permanent buildings that with top, firm structure and higher than 2.2 m, including balcony, aisle, basement, stairs outside the room, etc. The houses should be measured by eligible tapeline and measure tools. Besides the articles in GB/T17986.1-2000
15
5 Decoration outside or inside the house: the decoration outside or inside the house will be surveyed according to different structures, when housing survey is carried out. 6 Survey Measures 1) House should be enrolled with its owner. 2) A method of field measuring is adopted to measure the main houses of the persons who live less than 30 m from the dike, and the attachments of the houses should be enrolled. Survey staff and principals of county, townships, villages, and the units go to the field together and check legal title of houses and household registers, then record them one by one. Houses owners will sign his name on the survey result, if they accept it. The survey result will be gathered by the ranks of township, village, and small unit, and all ranks of government will stamp on it. 3) The main houses located beyond 30 m to the dike, the house owners will not be the relocated population, but the attached buildings in the scope should be measured and registered. 2.1.1.3 Field Survey Field survey is base on the construction relief map (1:2000). “mu” is adopted as the unit, and the precision is 2 number behind the point. According to “Notice on Implementation the
16
2) Planted grassland: the grass on the land is planted by persons, including the planted shrub used to develop animal husbandry. 4 Water area survey It is the water surface area of got-up or natural pool. 5 Construction land survey It is the land used as residents’ plot and mining area, such as residents’ location, independent residents’ location, factory, mining area, trade center, and public establishments. 6 Traffic land survey Traffic land includes road, bridge, and transportation conduit and its attached establishments, and also the forestland used to protect road. 7 Survey measure Calculation of the area of land is according to the horizontal projective area. “mu” and “m2” are the calculation units. “mu” is the normal unit to stat. area of land (1 mu = 666.67 m2). F<±0.0025P F----allowed error of theoretic area on the picture P---- theoretic area on the picture 1) Designers, staff of land and forest administration sectors in surveyed county, and principals of land acquisition units will take the relief map to field together to check administration bourn, boundary of kinds of land, and necessary establishments. Staff will calculate areas of all kinds of land by the software of CAD by computer, according to the checked relief map. 2) The area pf necessary establishments will be taken out, when measuring the area of land. 3) Forest resource will be surveyed by staff of design institute and the forest administration sectors together. 4) The practicality indicators of construction land acquisition should be true, and they should be accepted by local government and related administration sectors. 2.1.1.4 Agricultural Sideline Facilities Survey 1 Agricultural sideline facilities: small-sized collection, process, and service industries that operated by administration villages, villager group, and rural households, such as oil mill, brick kiln, quarry, and rice and flour machining workshop, etc. Contents of survey include: main production, material resource, productive scale, annual output, annual profit, main equipments, primary value of equipments, and present value of equipments, etc. 2 Survey methods: surveyed staff will go to field to carry out survey. 2.1.1.5 Other Survey Sporadic fruit trees and other trees survey: sporadic trees include the trees around houses. The area of the trees should be less than 0.23 mu, and the area of crown of trees should be less than 10 m. Staff will survey the number of sporadic trees for every household. 2.1.1.6 Specific Survey
17
The project is a flood control dike project, and the land in the scope of dike project management is used to plant dike protection forests, and the road, electricity transfer establishments, communication establishments, broadcast and TV establishments, mining mill, cultural relic, and water resource project in the scope will cause no big impact on flood control, so all of these land will not be occupied, and they will not be surveyed.
2.1.2 Impact Survey on Construction Land Acquisition
Northeast Water Resources Hydropower Consultation Company prepared
18 households’ attached establishments need to be demolished. 3) Houses: 2180.44 m2 of houses in the scope of land acquisition need to be demolished (the area of main houses is 1699 m2; the area of attached houses is 235.93 m2; the area of storehouses is 244.91 m2; 4) Cultivated land: the area of the cultivated land in the scope of land acquisition is 326.72 mu, in which the area of dike management land acquisition is 312.98 mu,, of whoich the area of glebe is 296.12 mu (54.95 mu of land is located inside of the dike; 239.86 mu of land is located outside of the dike; 1.31 mu of land is on the location of the dike); the area of garden plot is 16.22 mu; the area of greenhouse is 0.64 mu; and the area of the permanent land acquisition of management construction is 13.74 mu. 5) Forestland: the area of forestland in the scope of land acquisition is 310.75 mu (in which the area of land inside dike is 273.21 mu, and the area of the land on the location of the dike is 37.52 mu). 6) Unused waste grassland: area of unused waste grassland in the scope of land acquisition is 1142.21 mu (in which the area of grassland inside of the dike is 1392.03 mu, and the area of grassland in on the location the dike is 89.41 mu). 7) Natural surface: 19.70 mu. 8) Construction land: 8.52 mu. 9) Traffic land: 10.48 mu. In addition Zhalaite County Xingda Tap Water Limited Company and Yinder Town Resthome are located in the scope of survey, and only a part of attached establishments of them are affected, so they cause no impact on dike or flood management. After consulting with local government and related unit, they will not be relocated.
2.2.1 Permanent Land Acquisition
1907.77 mu of land will be occupied by the project permanently (in which the area of cultivated land is 326.72mu, which accounts for 17.13% of the whole), in which 1894.03 mu of land will be acquired permanently because of dike management (in which the area of cultivated land is 312.98 mu), and the area of permanent land acquisition of management construction is 13.74 mu. Permanent land acquisition of dike management of the project refers to Dongfeng Village, Dongfanghong Village, and Yixin Village of Yinder Town; Lianhe Village, Jinxing Village, and Jiefang Village of Wujiahu Township; Wujiazi Village of Badai Township; Baodefu Village and Xinsheng Village of Haolibao Township. The area of permanent land acquisition caused by dike management of the project is 1894.03 mu, of which the area of cultivated land is 312.98 mu, and the area of glebe is 296.12 mu (54.95 mu of cultivated land is inside the dike; 239.86 mu of cultivated land is outside the dike; and 1.31 mu of cultivated land are on the location of the dike body); the area of garden plot is 16.22 mu; the area of greenhouses is 0.64 mu; the area of forestland is 310.73 mu (273.21 mu of forestland is inside the dike; and 37.52 mu of forestland is on the location of the dike); the area of unused waste grassland is 1231.62 mu (in which 1142.21 mu of grassland is inside the dike, and 89.41 mu of grassland is on the location of dike); the area of natural surface is 19.7 mu; the area of construction land is 8.52 mu; and the area of traffic land is 10.48 mu. The details are presented in table 2.2.1-1.
19
Table 2.2.1-1 Impact Scope of Permanent Land Acquisition Caused by Dike Management Cultivated land Forest land Unused waste grassland Glebe Forest for use Constr On the On the On the Natural Traffic Dike No. Administrative units Inside Garden Green uction Total Outside location Total Inside location Total Inside the location surface land the Subtotal plot house Total land the dike of the the dike of the dike of the dike dike dike dike 1 Yindeer Town 36.91 157.84 1.31 196.06 5.99 0.64 202.69 84.29 3.79 88.08 156.35 16.66 173.01 7.55 4.31 6.47 482.10 1.1 Dongfeng Village 0 10.42 10.42 0.00 0.00 10.42 27.51 27.51 21.63 21.63 0.40 0.27 60.23 1.2 Dongfanghong Village 5.92 33.04 1.31 40.27 3.21 0.64 44.12 33.34 0.28 33.62 84.53 7.78 92.31 1.09 1.38 4.37 176.89 1.3 Yixin Village 0 0 0.00 0.00 0.00 0.00 0.00 0.00 2 Wujiahu Work Sector 10.1 39.77 49.87 1.39 0.00 51.26 77.64 3.86 81.50 209.74 209.74 1.86 1.68 346.04 Zha 2.1 Lianhe Village 6.94 16.41 23.35 23.35 3.07 3.07 110.71 0.88 111.59 0.71 138.72 2.2 Jinxing Village 1.69 1.69 1.69 39.04 1.86 40.90 23.27 4.81 28.08 1.86 0.31 72.84 2.3 Jiefang Village 1.47 23.36 24.83 1.39 0.00 26.22 35.53 2 37.53 75.76 5.86 81.62 0.13 0.66 146.16 3 Badai Work Sector 6.6 42.25 48.85 8.84 0.00 57.69 0.00 255.07 255.07 2.39 1.30 316.45 3.1 Wujiazi Village 6.6 42.25 48.85 8.84 0.00 57.69 0.56 0.56 255.07 8.11 263.18 2.39 1.30 325.12 4 Total 53.61 239.86 1.31 294.78 16.22 0.64 311.64 161.86 8.28 170.14 621.16 16.66 637.82 9.40 6.70 9.45 1145.15 1 Farm 0 0 0.00 88.49 29.24 117.73 156.60 32.63 189.23 10.30 0.00 0.28 317.54 2 Haolibao Township 1.34 1.34 0.00 0.00 1.34 22.86 22.86 364.45 20.46 384.91 1.82 0.75 411.68 Bao 2.1 Baodefu Village 1.34 1.34 0.00 0.00 1.34 22.86 22.86 174.05 13.58 187.63 1.82 0.64 214.28 2.2 Xinsheng Village 0 0 0.00 0.00 0.00 0.00 0.00 190.41 6.88 197.29 0.11 197.40 3 Total 1.34 1.34 0.00 0.00 1.34 111.35 29.24 140.59 521.05 53.09 574.14 10.30 1.82 1.03 729.22 Total 54.95 239.86 1.31 296.12 16.22 0.64 312.98 273.21 37.52 310.73 1142.21 89.41 1231.62 19.70 8.52 10.48 1894.03 Besides the land acquisition of dike management, the project will occupy more land to build management establishments for construction administrative organization.
Permanent land acquisition of the project caused by material plot and management construction refers to Wulan Material Plot and Yinder Town 13.74 mu of land will be acquired permanently because of material plots and management construction.
Table 2.2.1-2: Impact Scope of Permanent Land Acquisition Caused by Material Plot and Management Construction
Project Types Unit Area Type Cultivated land Yinder Town Land acquisition caused by management construction mu 8.49 (glebe) Cultivated land Wulan Farm Land acquisition caused by management construction mu 5.25 (glebe)
Total mu 13.74
2.2.2 Temporary Land Occupation
Construction temporary land acquisition of the project refers to 6 grit material plots, and 1998.44 mu of unused waste grassland will be occupied temporarily, and all of the unused waste grassland is located inside of the bend of river. The impact period is 2 years. The details are provided in table 3.2.2.
20
Table 2.2.2: Impact Scope of Temporary Land Occupation Caused by Material Plot Project Type Unit Area Type Wulan earth material plot Material plot land occupation mu 334.36 Unused waste grassland Xingjia earth material plot Material plot land occupation mu 132.38 Unused waste grassland Erlongtaohai grit material plot Material plot land occupation mu 214.57 Unused waste grassland Grit material plotⅠ Material plot land occupation mu 110.15 Unused waste grassland Grit material plotⅡ Material plot land occupation mu 126.99 Unused waste grassland Grit material plotⅢ Material plot land occupation mu 150.00 Unused waste grassland Grit material plotⅣ Material plot land occupation mu 210.00 Unused waste grassland Grit material plotⅤ Material plot land occupation mu 270.00 Unused waste grassland Grit material plotⅥ Material plot land occupation mu 300.00 Unused waste grassland Grit material plotⅦ Material plot land occupation mu 150.00 Unused waste grassland Total Material plot land occupation mu 1998.44 Unused waste grassland
2.2.3 Impact Scope of Houses Demolition
2180.44 m2 of houses in the scope of land acquisition of the project should be demolished (in which the area of main houses is 1699.6 m2; the area of attached houses is 235.93 m2; and the area of storehouses is 244.91m2). The details are presented in table 2.2.3-1. Table 2.2.3-1: Impact Scope of House Demolition
No. of Impact area of main house(m2) Impact area of attached house(m2) Storehouse No. Names of Villages Total 2 doors 1-aspect brick Brick and wood Earth and wood Brick and wood Earth and wood (m )
1 Wujia 8 0 0 568.59 0 235.93 0 804.52
2 Dongfanghong 1 0 86.3 0 0 0 0 86.3
3 Yixin 3 104.16 144.3 121.35 0 0 179.31 549.12
4 Haolibao Township Forest Station 0 0 161.6 0 0 0 65.6 227.2
Water and Electricity Management 5 0 0 513.3 0 0 0 0 513.3 Division
Total 12 104.16 905.5 689.94 0 235.93 244.91 2180.44
Attached establishments in the scope of land acquisition are provided in table 2.2.3-2.
21
Table2.2.3-2: Attached Establishments of Building Demolition Attached building Others Scattered Ground Toilet Wall Fruit No. of trees Dike Door Well Fowlery Barn Cellar doors Three Brick Earth Brick Earth mixed earth m2 m2 m m Zhatai Dike 38 11 770 5 30 14.5 7 4 3.75 2383 18 229 Baoanzhao Dike 0 1 4 3 8 1 76.5 25 44 Total of projects 38 1 15 770 5 33 22.5 8 4 80.25 2383 43 273 12 household (39 persons) in the scope of survey should be relocated; and 26 households’ building attached establishments should be occupied. 2.3 Affected Population According to the survey, the cultivated land involved in permanent land acquisition refers to 9 villages, and most of the cultivated land belongs to collective owned land (A part of the land is contracted to local villagers, the village collectivity possesses the remains, and the collectivity is responsible for operating the land), and only accounting for a small amount of the whole; and only the land acquisition of Jinxing Village refers to 6 households (22 persons) and 1.69 mu of cultivated land. Only 1 household will be affected more seriously (1 mu). The land acquisition of unused waste grassland of the project belongs to collective owned natural waste grassland around the dike, and no villager contracts the grassland. The forestland refers to land acquisition is located inside of the dike, and only 8 households’ 6.66 mu of private forestland is affected, which accounts for 0.21% of the whole. Waste grassland affected by construction temporary land occupation of the project belongs to village collectivity. Therefore, permanent cultivated land acquisition of the project only refers to 6 households, 22 persons. According to the survey, houses demolition of the project refers to 38 households, 123 persons, in which 12 households, 39 persons need to be relocated. The details are provided in table 2.3. 26 households 84 persons’ houses attached establishments will be affected by the project. Table 2.3: Population Affected by Houses Demolition No. Names of Villages No. of doors Population 1 Wujia 8 25 2 Dongfanghong 1 4 3 Yixin 3 10 Total 12 39
On the whole, only a few of persons are affected by the project directly, and the main affected objectives are village collectivity and relative institutions, but the impacts are not serious.
22
3 SOCIEOECONOMIC SURVEY
3.1 Socioeconomic Survey in Project Impact Area Chuoer River Right Bank Provincial Boundary Dike Project (Zhaitai Dike~Banlashan Dike) is located on the right bank of Nen River and Chuoer River, which on the common boundary of Inner-Mongolia, Heilongjiang, and Jilin, and the project consists of Zhatai Dike, Baoanzhao Dike, and Banlashan Dike on the right bank of Chuoer River, Wujiaweizi Dike, Baiqitu Dike, Linjiang Dike, and Shuanghe Dike on the right bank of Nen River. Proposed Dike is Zhatai Dike, Baoanzhao Dike and Banlashan Dike on the right bank of Chuoer River, and the total length of them is 45.22km. Project protect area (PPA) of the dike consists of 35 townships of Inner-Mongolia, Heilongjiang, and Jilin. The population in PPA is 388.2 thousand, and the area of cultivated land is 2.8812 million mu. The traffic main stem in PPA is Ping-Qing Train, and Qi-Bai, Tai-Yin, and Yin-Jiang Roads. According to the survey, land acquisition of dike management scope and dike construction refers to 1 county, 5 townships, 1 farm, 10 villages, 16 villager groups of Inner-Mongolia Autonomy Region. The villages involved in the project are Yixin Village, Dongfanghong Village, and Dongfeng Village of Yinder Town, Lianhe Village, Jinxing Village, Jiefang Village of Wujiahu Working Sector, Wujiazi Village of Badai Working Sector, Baodefu Village Xinsheng Village of Haolibao Township, and also the land and houses of Baoanzhao Water and Electricity Dike Management Division. In order to know about the background of Project area (PA) well, besides the impact survey, a great amount of socioeconomic materials should be collected, so as to know about the conditions of the cities, counties, and villages in PA entirely. 3.1.1 Basic Situation of Zhalaite County
Land acquisition and building demolition of the project only refer to 1 minority autonomy county (Zhalaite County) of Inner-Mongolia Autonomy Region. Zhalaite County is a multinational county, which Han nationality accounts for most the total population, and Mongolia nationality is the dominated minority nationality. The county is divided to 7 towns, 1township, and 12 working sectors. The total area of Zhalaite County is 11837 km2, in which the area of forestland is 232506 ha; the area of grassland is 323500 ha; the area of cultivated land is 253612 ha. Population of Zhalaite County is 392 thousand, and the number of Mongolia nationality persons is 150.1 thousand, and the number of the other minority persons is 9.9 thousand, and the number of laborers is 160.4 thousand. GDP of the county in 2005 was CNY 2.048 billion; output value of tertiary industry in 2005 was CNY 0.764 billion; output of the foodstuff was 633.3 thousand ton; and the herdsman’s average net income was CNY. 3.1.2 Basic Situation of Affected Townships
Townships affected by the project are Yinder, Wujiahu, Badai, Haolibao, Baoanzhao Water and Electricity Division, and Numuren. Detailed conditions are provided in table 3.1.2.
23
Table 3.1.2: Basic Condition of Affected Townships Area of Output value Output of Output value Output value Others Name of No. of cultivate GDP (CNY of primary No. Population foodstuff of forestry of husbandry (CNY Township doors d land 10000) industry (10000kg) (CNY 10000) (CNY 10000) 10000) (mu) (CNY 10000) 1 Yinder 2306 9451 73023 1565 3798 1798 30 370 780 2 Wujiahu 4444 17457 135669 6000 7500 6300 45 380 670 3 Badai 3882 15983 132613 10600 8500 6800 16 117 368 4 Haolibao 3767 14725 94024 4384 8100 6401 40 418 386 5 Baoanzhao 1894 9535 95040 597.2 11095 9851 22 482 840 6 Numuren 2898 9908 103039 3800 9000 4128 5 308 287
3.1.3 Basic Situation of Affected Villages
Permanent land acquisition, temporary land acquisition, and building demolition will affect Yixin Village, Dongfanghong Village, Dongfeng Village, and Tuanjie Village of Yinder Town; Lianhe Village, Jinxing Village, and Jiefang Village of Wujiahu Work Sector; Wujiazi Village of Badai Work Sector; Baodefu Village and Xinsheng Village of Haolibao Township. Basic conditions of the 10 villages are provided in table 3.1.3. Population of the 10 villages is 16689, in which the number of laborers is 8484. Total area of cultivated land in the 10 villages is 8020 ha, and the average area of cultivated land per capita is 0.48 ha. Average income per capita in affected villages is CNY 2631. The details are provided in table3.1.3. Table 3.1.3: Basic Conditions of Affected Villages Average area of Area of Average income No. of doors Population labors cultivated land per Names of townships Names of villages cultivated land per capita capita (door) (person (person (mu) (mu) (CNY /person) Jinxing 313 1163 790 6909 5.94 2500 Wujiahu Jiefang 420 1706 844 8937 5.23 2457 Lianhe 559 2341 1204 15813 6.75 2400 Yixin 220 933 446 8332.5 8.93 2550 Tuanjie 470 1860 1237 15250.5 8.19 2700 Yinder Dongfeng 471 1516 500 13293 8.77 2650 Dongfanghong 400 1460 831 9835.5 6.74 2600 Badai Wujiazi 504 1902 1160 15760 8.3 2600 Baodefu 420 1918 720 13270 6.2 2500 Haolibao Xinsheng 541 1890 752 12902 5.5 3300 Total 4318 16689 8484 120302.5 7.2 2631
3.2 Sample Survey for the Households Affected by the Project In order to know about affected households’ living conditions well, according to the requests of ADB, the company and the project Resettlement Management Office carried out a social economic survey for affected villages in December 2006. The survey objectives are 15 households in affected villages, in which 12 households (11 households should be relocated, and they account for 91.7% of the total number of households that will be relocated; and 31.6% of the households affected by building demolition) are affected by building demolition; 3
24 households (account for 50% of all the households affected land acquisition) are affected by land acquisition. (According to the requests of ADB, number of sample households should be more than 25% of the whole, and the households should be selected from all the villages and the entire township. Living conditions of the sample households should be various, and minorities and the vulnerable groups’ wills will be paid more attention). The company, Right Bank of Nen River Bureau, Zhalaite County Water Affairs Bureau, related dike management stations, related townships and villages took part in the survey. Work contents of the survey include population of affected families, conditions of the family members, operation conditions, and the area of houses, annual family incomes, annual family payout, living levels, and the public’s opinions on the project. The scope and number of surveyed households are decided according to impact scope of resettlement. Sample households are chosen randomly, and they will be surveyed in their houses. The survey group will call on every sample household, and ask for their opinions according to the questionnaire, then record what they said. The results of survey were input to the computer, and basic analyze is:
3.2.1 Family Population
We chose sample households from 4 villages that in the construction scope of Right Bank of Nen River Dike Project, and we chose 15 households (56 persons) all together, in which 3 households are affected by land acquisition, and 12 households are affected by building demolition. Among the 56 persons we chose, there are 10 agricultural persons, 16 non-agricultural persons; 26 persons of the 56 are female that account for 46.4% of the whole; there are 24 labors that account for 42.9% of the whole; there are 8 disables or elders that account for 14.3% of the whole; there are 11 Mongolia nationality persons that account for 19.6% of the whole; there are 2 students that account for 3.6% of the whole.
3.6% 1 Family members 19.6% 2. agricultural persons 14.3% 71.4% 1.1No. of persons 56 3. non-agricultural persons 1.2 No. of agricultural persons 40 4. females 1.3No. of non-agricultural persons 16 42.9% 5. labors 1.4 No. of females 26 6. disables or elders 1.5 No. of labors 24 7. minorities 1.6No. of disables or elders 8 28.6% 8. students 46.4% 1.7 No. of minorities 11 1.8No. of students 2
3.2.2 Age Scope of Family Members
Among the 56 persons we chose, 6 persons are younger than 7 years old that account for 10.7% of the whole; 8 persons are 8~18 years old that account for 14.3% of the whole; 35 persons are 19~60 years old that account for 62.5% of the whole; 7 persons are elder than 61 years old that account for 12.5% of the whole.
25
Family Menbers' Ages 2. Family members’ ages
2.1 persons younger than 7 6 13% 11% 2.1 persons younger than 7
2. 2 persons at the age of 8~18 8 14% 2. 2 persons at the age of 8~18
2.3 persons at the age of 19~60 35 2.3 persons at the age of 19~60
2.4 persons elder than 60 7 62% 2.4 persons elder than 60
3.2.3 Education Background
Among the 56 persons we chose, 5 persons are illiteracies, which account for 8.9% of the whole; 13 persons have the diplomas of primary school, which account for 23.2% of the whole; 31 persons have the diplomas of middle school, which account for 55.4% of the whole; only 1 person has the diplomas of college, which accounts for 1.8% of the whole; and 6 children too young to go to school, which account for 10.7% of the whole.
Education Background 3 Education Background No. of persons
3.1 No. of illiteracies 5 1 No. of illiteracies 3.2 No. of persons have the diplomas 10.7% 8.9% 2 No. of persons have the 13 1.8% of primary school diplomas of primary school
3.3 No. of persons have the 23.2% 3 No. of persons have the 31 diplomas of middle school diplomas of middle school 3.4 No. of persons have the 4 No. of persons have the 1 diplomas of college diplomas of college 55.4% 5 No. of children who is too 3.5 No. of children who is too young 6 young to go to school to go to school
3.2.4 Persons doing Non-agricultural Business
Among the 56 persons we chose, 8 persons do non-agricultural business, in which 1 person work in factory; 3persons work in construction industry; 2 persons work in tertiary industry; 2 person do part-time jobs.
26
4 Persons who do non-agricultural Persons who Do Non-agricultural Business business 8
1 worker 4.1 worker 1 12.5% 25.0% 2.builders 4.2.builders 3 3.persons work in tertiary industry 4.3.persons work in tertiary industry 2 37.5% 4. persons take part-time 25.0% jb 4.4. persons take part-time job 2
3.2.5 Family Productive Situation
15 households that we chose have 296.4 mu of cultivated land, in which the area of foodstuff cultivated land is 286.6 mu (accounts for 96.7% of the whole). 15 households raise 8 cattle, 8 pigs, 61 fowls, 8 foxes, and 12racoon dogs.
5 Family productive condition Unit Quantity Per door Per person 5.1 Total area of cultivated land mu 296.4 19.8 5.29 5.1.1 Area of foodstuff cultivated mu 286.6 19.1 5.11 ld 5.1.2 Area of vegetable garden mu 8.8 0.6 0.16 5.1.3 Vegetable greenhouse mu 1 0.07 0.018
5.2 Cattle 8 0.53 0.14 5.3 Pigs 8 0.53 0.14 5.4 Fowls 61 4.07 1.09 5.5 Foxes 8 0.53 0.14 5.6 Bacon dogs 12 0.8 0.21
3.2.6 House Condition
In our survey, area of 15 households’ housing land is 19636 m2, and the area per door is 1309.07 m2, and the area per capita is 350.64 m2. Construction area of the main houses is 1306 m2 (and the area per door is 87.07 m2, and the area per capita is 23.32 m2), in which the area of houses made of brick and tile is 490 m2 (accounts for 37.52% of the whole), and the area of simple houses is 816 m2 (accounts for 62.48% of the whole).
6 Housing condition Unit Quantity Per door Per capita 6.1 Area of housing land m2 19636 1309.07 350.64 6.2 Area of houses m2 1306 87.07 23.32 6.2.1 Area of storied building m2 0 0 0 6.2.2 Houses made of brick and tile m2 490 32.67 8.75 6.2.3 Others m2 816 54.4 14.57
27
3.2.7 Annual Family Income and Payout
By surveying the 15 households we chose, it is known that annual family income of them is CNY 433800; annual income per door is CNY 28920; and annual income per person is CNY 7746.43. Annual planting income for the 15 households is CNY 283300, which accounts for 65.31% of the total family income; annual income of animal husbandry for the 15 households is CNY 24000, which accounts for 5.53% of total family income; annual income of tertiary industry is CNY 19000, which accounts for 4.38% of total family income; annual income of township factory is CNY 74000, which accounts for 17.06% of the total family income; annual income from part-time job is CNY 23500, which accounts for 5.42% of the total family income; and the annual wage income is CNY 10000, which accounts for 2.31% of the total family income.
Family income Unit Quantity Per door Per capita 7 Total income CNY 433800 28920.00 7746.43 7.1 Planting income CNY 283300 18886.67 5058.93
7.2 Income form animal husbandry CNY 24000 1600.00 428.57 7.3 Income from tertiary industry CNY 19000 1266.67 339.29 7.4 Income from township factory CNY 74000 4933.33 1321.43 7.5 Part-time job income CNY 23500 1566.67 419.64 7.6 Wage income CNY 10000 666.67 178.57
Family Income
2.31%
5.42% Planting income 17.06% Income form animal husbandry Income from tertiary industry 4.38% Income from township factory 5.53% 65.31% Part-time job income Wage income
Total family payout of the 15 households is CNY 345650, and per door is CNY 23043.33, and per capita is CNY 6172.32. Among the total family payout, CNY 16050 is spent on buying seeds, which accounts for 4.64% of the whole; CNY 54550 is spent on buying pesticide and fertilizer distributor, which accounts for 15.78% of the whole; CNY 3790 is paid for electricity, which accounts for 1.10% of the whole; CNY 28300 is paid for machines operation, which accounts for 8.19% of the whole; CNY 18940 is paid for children’s tuition, which accounts for 5.48% of the whole; CNY 19800 is paid for medical treatment, which accounts for 5.73% of the whole; CNY 5400 is paid for fuel, which accounts for 1.56% of the whole; CNY 60300 is spent on buying food, which accounts for 17.45% of the whole; CNY 1000 is spent on buying electricity machine and furniture, which accounts for 0.29% of the whole; CNY 44000 is operational payout, which accounts for 12.73% of the whole; CNY 58500 is paid for contracting land, which accounts for 16.92% of the whole; CNY 15500 is the animal husbandry payout, which accounts for 4.48% of
28 the whole; and CNY 19500 is the other payout, which accounts for 5.64% of the whole.
Annual family payout Unit Quantity Per door Per person 8 Total payout CNY 345650 23043.33 6172.32 8.1 Seed CNY 16050 1070.00 286.61 8.2 Pesticide and fertilizer distributor CNY 54550 3636.67 974.11 8.3 Electricity fee CNY 3790 252.67 67.68 8.4 Water fee CNY 20 1.33 0.36 8.5 Machine operational fee CNY 28300 1886.67 505.36 8.6 Tuition CNY 18940 1262.67 338.21 8.7 Medical treatment CNY 19800 1320.00 353.57 8.8 Fuel CNY 5400 360.00 96.43 8.9 Living payout (include food payout) CNY 60300 4020.00 1076.79 8.10 Electricity machine and furniture CNY 1000 66.67 17.86 8.11 Operational payout CNY 44000 2933.33 785.71 8.12 Contracting land payout CNY 58500 3900.00 1044.64 8.13 Animal husbandry CNY 15500 1033.33 276.79 8.14 Others CNY 19500 1300.00 348.21
Faimly Payout
Seed 5.64% Pesticide and fertilizer distributor 4.64% 15.78% Electricity fee 4.48% Water fee 1.10% Machine operational fee 16.92% Tuition 0.01% Medical treatment Fuel 8.19% Living payout (include food payout) Electricity machine and furniture 5.48% Operational payout 12.73% Contracting land payout 5.73% Animal husbandry 0.29% Others 17.45% 1.56%
According to our survey, the annual net income per capita is CNY 3873.33, in which 72.57% comes from planting, and the other 27.43% comes from animal husbandry, tertiary industry, and part-time job, etc. Among the total family income, the income comes from planting is the most, and it indicates that the farmers in affected villages depend on land seriously.
Annual family income Annual family payout Total Productive payout Living payout Net income Total income Planting Total payout Total planting Total Food Total 433800 283300 345650 216900 157400 128750 60300 216900 Per door 28920.00 18886.67 23043.33 14460 10493.33 8583.33 4020.00 14460 Per capita 7746.43 5058.93 6172.32 3873.21 2810.71 2299.11 1076.79 3873.22
29
According to the survey, there is no obvious difference between the minority families and Han nationality families in their living and production. Their main income is from agriculture, and there is no vulnerable group among the affected families.
30
4 LEGAL FRAMEWORK
4.1 Legal Gist
4.1.1 National Laws and Regulations on Land Acquisition and Resettlement
1.
4.1.2 The Other Related National Policies and Regulations
1.
4.1.3 Regulations of Vocation and Department
1. No. 599 [1999] Documentation,
31
3. No. 37 [2000] Documentation, , issued jointly by Office of the Ministry of Water Resources and the Office of the State Commission of Economy and Trade; 4. No. 597 [1992] Documentation, , issued jointly by the State Price Administration Bureau and the Ministry of Finance; 5. No. 238 [2004] Documentation, < A Notice of Printing and Distributing ‘Instruction of Improving Land Acquisition and Resettlement System’>, issued by Ministry of Land Resources on November 3, 2004; 6. No. 355 [2001] Document, , issued Ministry of Land Resources, National Economic Committee, and Ministry of Water Resource; 7.
4.1.4 Related Document and Regulations of Inner-Mongolia Autonomous Region
1. Implementation of
32
Printing and Distributing
4.1.5 Related Policies of ADB
1.
33 approving the land acquisition originality or the governments with approving authority for approval, and then the tenure of state-owned land can be drawn back.
34
Inner-Mongolia Autonomous Region on October 15, 2000. Article 27: Construction land using should accord with general land using programming and annual land using plan. In order to carry out urban programming land acquisition, the land is acquired by the people’s government above counties in a unified manner, and the land should offer to project and be transacted agricultural land transferring procedures in a unified manner. Article 29: Approval authority for collective cultivated land acquisition: (4) In case of construction land using refers to agricultural land transferring to construction land, according to the authority in land administration law, it should be reported to autonomous region government or State Council to approve. (5) In case of the construction refers to land acquisition, according to the authority in land administration law, it should be reported to autonomous region government or State Council to approve. 4.3 Legal and Administration Procedures Related regulations in
35 section should organize hearing witness meeting according to
36 because of land acquisition…… In case of compensation fund for land and the resettlement assistance reach the legal upper limit, but it can not keep affected farmers living at primary level, Local government can give them assistance by the income of state land using. Provincial, autonomous region and municipality government should confirm the standards of annual average output value or general price for land, and disclose them to the public. The same kind of land should be paid the same compensation, and estimate budget of state important construction project should include enough funds for land acquisition. Article 13: To relocate farmers related to land acquisition properly. Local government that above county level should draw concrete measure for affected farmers to ensure their living. For the projects that have steady benefit, the farmers can buy a share of it by usufruct of construction land, after it is approved. In the scope of urban programming, local government should take farmers affected by land acquisition into townships employment system, and social insurance system should be established for them; the affected farmers who have no basic conditions for production and living should be relocated in another place. Labor and society insurance sections should cooperate with related sections to put forward the opinions on establishing employment training and insurance system for farmers affected by land acquisition as soon as possible. Ministry of Land Resources No. 238 [2004] Document, < A Notice of Printing and Distributing ‘Instruction of Improving Land Acquisition and Resettlement System’>, (1) Draw the unitive annual average output value. Provincial land resources section should cooperate with related sections to draw the lowest annual average output value standards for cultivated land in the counties in the province, and then the standards will be reported to provincial government to approve, and at last it will be published and implemented. When land resources section draws the annual average output value standard, types and quality of affected cultivated land, farmers’ devotion on the land, price of agricultural production, and ranking of the cultivate land will be take into consideration. (2) Draw the unitive times of annual average output value. Times or annual average output value should ensure that affected farmers’ living standard should not fall because of land acquisition. If the unitive times of output value can not ensure affected farmers’ primary living level, and it can not afford the social security fee for the farmers without land, after approve by provincial government, the compensation times can be rise. (3) Draw the general price for land acquisition region. Provincial land resources section should cooperate with related sections to draw the general price for the land in affected region, and then report it to provincial government to approve. The drawing of general price for land acquisition should take types of land, output value, location of the land, ranking of the land, area of average cultivated land per person, relationship of supply and demand, local economic development level, and urban residents’ lowest living insurance level into consideration. (4) Distribution of compensation for land. According to the principle that compensation for land should be used on farmers affected by land acquisition, land compensation should be distributed inside of the village collective economic organization. In case of all the land of the village is acquired, and village collective economic organization is repealed, all of the land compensation should be spent on affected farmers’ productive and living resettlement. (5) Agricultural production resettlement. In case of the land acquisition refers to farmers’ collective land that is beyond the scope of urban programming district, it will be ensured that the farmers should have necessary cultivated land to plant continuously by using village collective
37 land, contacted land that given back by farmers themselves, and increased cultivated land. (6) Choose a job anew. Related sections should try their best to provide affected farmers with free labor skill training and help them find job. Under the same conditions, the corporations that occupied land should employ the farmers who are affected by land acquisition. In case of land acquisition refers to the land in the scope of urban programming district, related sections should take the farmers who lost all their land into township employment system, and establish social insurance system for them. Related regulations of Inner-Mongolia Autonomous Region on implementing
38 compensated. Article 20: Demolition Compensation can be paid by property exchanging, cash compensation, or the combination of property exchanging and cash compensation. The area of property exchanging should be calculated according to the construction area of demolished houses. Quantity of cash compensation will be calculated according to construction area of the house and also the price and using condition. Article 21: In case of the building demolition refers to the houses and attachments that used for commonweal, demolition person should rebuild the buildings according to the primary character and scale; or it should be compensated by demolition person at the rebuilt price, and it can be rebuilt by affected persons themselves. Article 29: Demolition person should relocate the users of demolished houses. Users of demolished houses are the residents with registered permanent residence or the government sections, organizations, corporations, and individual businessmen that working in the demolished houses. The persons whose registered permanent residence are in his relatives’; the relatives’ houses are in the scope of demolition; and the persons’ parents have houses in the city, and the persons will not be relocated. In case of the relocated houses are not enough to solve the housing problems for all the persons, affected persons can use temporary houses by themselves Transition deadline and transition manners should be list in the agreements. Article 30: Although the persons live in demolished houses are not the users of the houses, they will also be relocated: (1) Active army, except that got married in another place; (2) One of the couple works in another place or lives in collective dormitory; (3) The person studies abroad to whose visa is not overdue (include the commoner, except the person settled abroad) (4) The person whose registered permanent residence moved out because of going to nursery or school. Article 31: User of demolished houses can be relocated as more than 1 household. (1) More than 2 couples live in one house, and they want to divide households, and it is in the scope of regulated resettled construction area; (2) The persons who has been seen as the resident before disclosing demolition bulletin; Article 32: In case of non-residential house is built on the location of demolished house, the user of demolished house should be relocated in 1 time; in case of residential house is built on the location of demolished house, the user of demolished house should be relocated in the primary location; after consulted with the user, he can be relocated in another place. If the person chooses primary location relocation, he will sign transition agreement with demolition person. Article 33: In case of the building demolition refers to residential house, it should be relocated according to its primary construction area. In case of the average construction area per capita
39 of demolished house is less than the local average construction area per capita, affected person should be relocated in the houses that no less than the local average construction area per capita, and the compensation for the increased area should be calculated according to rebuilt price and using degree. The fund for increased area should be offered by user of demolished house or his corporation; in case of the user of demolished house is social assistance household, after related government providing the certificate, the user of demolished house can use the increased are of house for free. Article 35: In case of the building demolition refers to non-residential house, it should be relocated according to primary construction area. 4.5 Legal Responsibilities of Organization Related regulations in
40
Article 6: In case of corporation or individuals want to demolish house, they should put forward written application to building demolition administration section of local government. After related sections approve the application, the house demolition can be carried out. In case of the house demolition refers to changing the land property, it should be with land property according to the law. Approved demolished scope and deadline should not be changed at random; in case of it must be changed, it must be approved by related sections. 4.6 Resettlement Policies of ADB
4.6.1 Involuntary Resettlement Policies of ADB
ADB disclose involuntary resettlement policies in 1995. Related policies are:
Involuntary resettlement should be avoided where feasible.
Where population displacement is unavoidable, it should be minimized by exploring all viable project options.
People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. People affected should be informed fully and consulted on resettlement and compensation options. The absence of a formal legal title to land by some affected groups should not be a bar to compensation; particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them improve their status.
As far as possible, involuntary resettlement should be conceived and executed as a part of the project. The full costs of resettlement and compensation should be included in the presentation of project costs and benefits
Much attention should be given to the participation of persons with correlative benefits in the preparation and execution of the RP. A smooth grievance mechanism should be established. The RP and implementation policies should be made public completely to the affected persons. The move caused by project development should ensure that affected persons’ living standard should not be lower than before.
4.6.2 Differences and Adapting
In a word, the principles for land acquisition and building demolition is established on the basis of land administration law of our state, local laws and byelaws, and related requirements of ADB. The main goal of land acquisition and building demolition is to restore affected persons’ living
41 and income level and try best to finish the damage on their economic and social environments. The needs of poor and vulnerable households who need to move should be paid more attention to. The project Resettlement Plan is prepared according above principle. Generally, laws and regulation of PRC and Inner-Mongolia Autonomous Region are consentaneous with resettlement policies of ADB. If several regulations are repugnant with resettlement policies of ADB, the project will adopt resettlement policies of ADB. For the project, 2 articles of resettlement byelaw of Inner-Mongolia Autonomous Region is different with that of ADB, for example, according to the administration byelaw, in case of building demolition refers to illegal and temporary buildings, it will not be compensated; in case of the building demolition refers to temporary building that is within the approved deadline, it should be compensated according to both the construction price and the remnant time; in case of the building demolition refers to the temporary building that should not be compensated according to planed approval, it will not be compensated; Aiming at these policies, relative sectors should establish professional regulations to provide compensation for all kinds of buildings (includes the illegal buildings and also the temporary buildings whose licenses are overdue). According to the policies of ADB, project owner should paid 100% of compensation for the temporary buildings with licenses, and during the period of stopping production, project owner should provide 100% of salary losses for affected workers (except traffic fee, assistance, meal fee, and call-back pay).
42
5 COMPENSTION POLICIES AND COMPENSATION STANDARDS
The resettlement policies of the project are made according to the resettlement policies of PRC, Inner-Mongolia Autonomous Region Government, Zhalaite County Government, and ADB. In order to ensure the policies to be consistent with the objectives of resettlement, the following compensation policies and compensation standards have been established for the project, and not refer to the other projects. 5.1 Compensation Standards
5.1.1 Compensation Standards for Permanent Land Acquisition
Compensation Standards for Cultivated land Acquisition 1) Output Value of Cultivated land By analyzing the planting area of crops in 2003, 2004, and 2005 and the outputs, and according to Average Annual Output Value (AAOV for short) Measuring and Calculating Report of Land Acquisition (Appendix 4) that issued by Zhalaite County of Xing’an City of Inner-Mongolia Autonomous Region and the distribution chart (Appendix 3) of the standard of AAOV of land acquisition that issued by Zhalaite County, the AAOV of the cultivated land in the 3 years is: CNY 396.62/ mu. 2) Compensation Unit Price for Cultivated land Compensation time for cultivated land is decided according to
43 can produce 6 m3 of woods and the local average price for wood is CNY 450/m3. So compensation unit price for forestland is 6m3/mu × CNY 450/m3 = CNY 2700/mu. 2) Compensation for Forestland According to Inner-Mongolia Forest Government Document No. 127 [1993], the compensation unit price of forestland is decided as 6m3/mu × CNY 450/m3 × 3 times = CNY 8100/mu. 3) Resettlement Assistance According to Inner-Mongolia Forest Government Document No. 127 [1993], resettlement assistance for land acquisition is according to the standard of 1 laborer /20mu (CNY 40000). So the resettlement assistance is CNY 40000 /20 = CNY 2000/mu. The compensation for forestland and trees and the resettlement assistance will be spent by the primary possessor of the forest on planting trees, developing forestry production and resettlement assistance, except the compensation for the individuals for their private attachments and trees.
5.1.2 Compensation Standard for Temporary Land Occupation
Land refers to temporary land occupation in the project is unused waste grassland, and according to related policies of the country, the land can be used for free, and it is unnecessary to pay the compensation fund.
5.1.3 Compensation Standards for Houses and Attached Establishments
According to Zhalaite County Government Office Document No. 95 [2006] “Notice on the Price of Houses in Yinder Region”, and taking uniform compensation price into consideration, the compensation prices for the houses in Badai, Wujiahu, Haolibao, Farm Water and Electricity Management Division are: Compensation Standards for Houses Houses made of brick and wood: CNY 532.35/m2; Houses whose 1 aspect is made of brick: CNY 427.35/m2; Houses made of earth and wood: CNY 317.1/m2; and, Storehouse: CNY 225/m2. Compensation Standards for Attached Establishments Compensation unit prices for attached establishments are: Gate: CNY 800; Barn: CNY 200; Well: CNY 400; Cellar: CNY 400; Fowlery: CNY 80; Ground: CNY 25/ m2; Toilet (brick): CNY 100/ m2; Toilet (earth): CNY 50; Wall (brick): CNY 120/ m; Wall (earth): CNY 50/ m; and,
44
Compensation for fruit trees or scattered trees: CNY 80/ tree.
5.1.4 Restoration and Reconstruction for Basic Infrastructures
New plot of land acquisition will follow the compensation standard for glebe, the sum of Compensation fee and Resettlement assistance, CNY 6345.88 /mu; and the cleaning up fee for land is CNY 4.6/ m2.
5.1.5 Transportation Fee and Other Assistances
Fare: CNY 20/ person; Boarding and lodging fee during transportation: CNY 15/ person; Medical fee during transportation: CNY 2/ person; Truckage: CNY 1000/ door; Losses fee: CNY 200/ person; Assistance for delaying work: CNY 750 /labor; Assistance for temporary house: CNY 400/ person.
5.2 Responsibilities and Rights for Affected Persons According to the compensation standard in table 5.1, compensation fee and resettlement assistance will be distributed to the village committees and related corporations. For the rural households whose cultivated land will be occupied, the village committee will distribute the money to them directly or adjust land for them according to the area of every household’s private land and flexible land. For the land acquisition of flexible land, compensation for land acquisition and resettlement assistance will be spent on constructing public establishments, such as road, irrigation system, and the others to improve productive conditions and living environment, if two thirds of villagers agree with it. 5.3 Entitlement Matrix The detailed conditions are provided in table 5.3. Table 5.3: Entitlement Matrix Impact types Impact Rights Standards Gain the land compensation and resettlement assistance; Use the land acquisition fee to restore the Glebe: CNY6345.88 /mu; Permanent Villages income of affected persons; Garden plot: CNY 6345.88 /mu; land Distribute remaining land to affectedGreenhouse: CNY 22488 /mu; acquisition households. Forestland: CNY 8750 /mu； Waste grassland: CNY 500 /mu. Affected Gain resettlement assistance; households And gain land from villages. Temporary Villages and land related Gain the compensation for temporary landGrassland: CNY 550 /mu. occupation corporations occupation, according to the occupied time.
Building demolition Households Gain the cash compensation according toStorehouse: CNY 225 /m2； whose reconstruction price. Gate: CNY 800; establishments Barn: CNY 200; Well: CNY 400; Cellar: CNY 400; Fowlery: CNY 80; Ground: CNY 25/ m2; Toilet (brick): CNY 100/ m2; Toilet (earth): CNY 50; Wall (brick): CNY 120/ m; Wall (earth): CNY 50/ m; Compensation for fruit trees or scattered trees: CNY 80/ 45
Impact types Impact Rights Standards tree.
Houses made of brick and wood: CNY532.35 /m2； 1-aspect brick: CNY427.35 /m2； Houses made of earth: CNY317.1/m2； Storehouse: CNY225 /m2 Compensation standards for attached establishments are Gain new homestead; the same with that for households affected by building Gain fare, boarding and lodging fee duringdemolition. Relocated transportation, medical fee duringFare: CNY 20/ person; households transportation, truckage, losses fee,Boarding and lodging fee during transportation: CNY 15/ assistance for delaying work, assistance forperson; temporary house. Medical fee during transportation: CNY 2/ person; Truckage: CNY 1000/ door; Losses fee: CNY 200/ person; Assistance for delaying work: CNY 750 /labor; Assistance for temporary house: CNY 400/ person. Gate: CNY 800; Barn: CNY; Well: CNY 400; Cellar: CNY 400; Fowlery: CNY 80; Attached Affected Ground: CNY 25/ m2; building on the households According to the reconstruction price. Toilet (brick): CNY 100/ m2; ground Toilet (earth): CNY 50; Wall (brick): CNY 120/ m; Wall (earth): CNY 50/ m; Compensation for fruit trees or scattered trees: CNY 80/ tree.
46
6 RESETTLEMENT MEASURES
6.1 Income Restoration of Permanent Land Acquisition The project will occupy 1907.77 mu of land permanently (on which the area of cultivated land is 326.72 mu, accounted for 17.13% of the whole), in which 1894.03 mu of the land will be occupied permanently by the dike management (of which the area of cultivated land is 312.98 mu), and 13.74 mu of land will be occupied permanently by management construction. The permanent land acquisition caused by dike management refers to Dongfeng Village, Dongfanghong Village, Tuanjie Village, and Yixin Village of Yinder Town; Lianhe Village, Jinxing Village, and Jiefang Village of Wujiahu Township; Wujiazi Village of Badai Township; and Baodefu Village and Xinsheng Village of Haolibao Township. The permanent land acquisition caused by dike management refers to Yinder Town and Wulan Farm. Table 6.1: Permanent Land Acquisition Impact Project Jinxing Jiefang Lianhe Yixin Tuanjie Dongfeng Dongfanghong Wujiazi Baodefu Xinsheng
Area of cultivated land (mu) 6909 8937 15813 8332.5 15250.5 13293 9835.5 15760 13270 12902 Current Population (person) 1163 1706 2341 933 1860 1516 1460 1902 1918 1890 condition In which: labors (person) 790 844 1204 446 1237 500 831 1160 720 752
Area of cultivated land acquisition 3.03 31.99 39.23 112.73 0.88 0 46.21 56.07 1.24 0 (mu) Project Persons affected by land acquisition 22 0 0 0 0 0 0 0 0 0 impact (person)
In which: labors (person) 14 0 0 0 0 0 0 0 0 0
Cultivated land (%) 0.04% 036% 0.25% 1.35% 0.006% 0.00% 0.47% 0.36% 0.009% 0
Impact Affected Population (%) 1.9% 0 0 0 0 0 0 0 0 0
Labors (%) 1.77% 0 0 0 0 0 0 0 0 0
Area of Before land acquisition 5.941 5.239 6.755 8.931 8.199 8.768 6.737 8.286 6.919 6.826 cultivated ( mu /person) land per After land acquisition 5.938 5.220 6.738 8.810 8.199 8.768 6.705 8.257 6.918 6.826 person ( mu /person) It can be shown from table 6.1-1 that cultivated land losses for every village are only a little, and all the land involved in land acquisition is the flexible land of villages, accounted for a small part of the whole, and the highest impact proportion is only 1.78%. Jinxing Village refers to 5 households, 22 persons (14 laborers), and the impact is not serious. The area of cultivated land per capita in every village changes a little. It is shown in the survey that the quality of the cultivated land is taken into consideration, when villages distribute land to every household. The cultivated land in a village is divided to 3 categories. The first rank of cultivated land is far from river, and it is not easy to be flooded, and quality of this kind of cultivated land is good, so output of the first rank of cultivated land is high; the third rank of cultivated land is near river, and it is flooded frequently, and the quantity of earth is bad, so the output of the third rank of cultivated land is low. Villages distribute land to every household, quality of the cultivated land is considered into consideration, so every household has a certain quality of cultivated land of all ranks. Most of the cultivated land refers
47 to land acquisition belongs to the third rank of cultivated land. By consulting with local cadres and affected persons, we know that their favorable resettlement project is: sending resettlement assistance directly to affected households. The government should lead them to put the fund into production, such as developing greenhouse planting in remaining land, breeding milk cow and pigs, so as to use of the remaining land fully and make up income losses. Village collectivities should improve production conditions in the village with land compensation, such as roads and water conservancy establishment, etc, so as to lay a good foundation for villagers to develop their production. The project occupies 1231.62 mu of unused waste grassland in the scope of 30 m both inside and outside the dike, and the grassland is mostly waste grassland. According to the survey, the unused waste grassland that is occupied belongs to village collectivities; because the local animal husbandry is developing from scatter breeding to barn breeding, no household contract the land. The waste grassland will be planted dike protected forest after having been occupied, so the grass growing will not be affected, so the grassland acquisition will not cause direct impacts on local animal husbandry. The compensation fund will be spent on improving village establishments and developing animal husbandry, which will be good for villagers to develop production. 310.73 mu of forestland is also occupied by the project, and it is located inside of the dike mainly, and only 8 households’ private forestland (6.66 mu, and accounts for 0.21% of the whole) is occupied. It is shown through survey that most of the forest land can be used as dike protected forest, after being occupied. Compensation fund sent to village collectivities and rural households will provide the villages and households with developing space, and it is good for villagers developing production. 6.2 Restoration Plan for Temporary Land Acquisition Material plots of the project occupy 1998.44 mu of unused waste grassland temporarily, and the land is waste grassland that belongs to village collectivities. The temporary wasteland occupation refers no household. The land will be occupied for 2 years. According to the general arrangement of the project, the grassland will be restored by a specific project The Water and Soil Conservation Project, after the construction being finished. 6.3 Living Resettlement Programming for Rural Affected People Land acquisition of project management only affects the houses that in the scope of 20 m from the dike foot, and only a small amount of rural houses in the 5 villages will be affected. After asking for the comments of local government, it was decided that the persons whose houses will be demolished will be relocated in the primary villages. According to the regulations on the area of construction land per capita in the
48
7 BUDGETS
7.1 Cost The cost for land acquisition, building demolition, and resettlement will be listed in total budget of the project. The resettlement cost on the project resettlement is CNY 8.4849 million. The budget in Resettlement Plan is presented in table 7.1.
Table 7.1: Resettlement Plan Budget Unit price Total No. Items Unit （CNY） Quantity Sum (CNY 10000) 1 Compensation fee for rural affected persons 651.52 1.1 Compensation fee for land acquisition and resettlement assistance 535.24 1.1.1 Compensation for cultivated land and resettlement assistance 312.98 201.77 a Glebe mu 6345.88 296.12 187.91 b Vegetable land mu 6345.88 16.22 10.29 c Greenhouse mu 22488.00 0.64 1.44 Compensation for standing young plant mu 396.62 312.98 12.41 1.1.2 Compensation for forestland acquisition and resettlement assistance 310.73 271.89 -1.1 Compensation for wood mu 2700 310.73 83.90 -1.2 Compensation for forestland 4050 310.73 125.85 -1.3 Resettlement assistance 2000 310.73 62.15 1.1.3 Compensation for grassland mu 500 1231.62 61.58 1.2 Compensation for houses and attached buildings 105.19 1.2.1 Compensation for houses m2 2114.94 86.05 a. Houses made of brick and tile m2 532.35 905.60 48.21 b. Houses that 1-aspect is made of brick m2 427.35 104.16 4.45 c. Houses made of wood and earth m2 317.10 925.87 29.36 d. Storehouses m2 225.00 179.31 4.03 1.2.2 Compensation for attached buildings 19.14 a. Gate(iron) 800 1 0.08 b. Barn 200 33 0.66 c. Well 400 15 0.60 d. Cellar 400 4 0.16 e. Fowlery 80 5 0.04 f. Bleachery m2 25 770 1.93 g. Toilet (brick) m2 100 23 0.23 h. Toilet (earth) 50 8 0.04 i. Wall (brick) m 120 80 0.96 j. Wall (earth) m 50 2383 11.92 K Fruit trees 80 43 0.34 L Scattered 80 273 2.18 1.3 Restoration and reconstruction of basic establishments 6.45 1.3.1 Land acquisition of new land mu 6345.88 6.85 4.35 1.3.2 Land cleaning up m2 4.60 4566.67 2.10 1.4 Transpiration fee for relocation 4.64 1.4.1 Fare person 20 39 0.08 1.4.2 Boarding and lodging fee during transportation person 15 39 0.06 1.4.3 Medical fee during transportation person 2 39 0.01 1.4.4 Truckage door 1000 12 1.20 1.4.5 Losses fee door 200 12 0.24 1.4.6 Assistance for delaying work labor 750 20 1.50 1.4.7 Assistance for temporary house person 400 39 1.56 2 material plot and management Land acquisition 2012.18 8.72 2.1 Permanent land acquisition mu 13.74 8.72 2.1.1 Compensation fee for cultivated land mu 6345.88 13.74 8.72 2.2 Temporary land acquisition mu 0.00 1998.44 0.00 3 Clearing fee in the area of construction land acquisition 0.00 0.00 0.00 4 The other expense 49.47 4.1 Expense on reconnaissance and plan [2.5% of the sum of items 1 to 4] 16.51 4.2 Management fee（3% of the sum of items 1 to 4） 19.81 4.3 Establishment fee of implementation agency 0.00 4.4 Technology training fee（0.5% of the item 1） 3.26 4.5 Monitoring and evaluation fee [1.5% of the sum of items 1 to 4] 9.90 5 Essential preparative fee（10% of the sum of items 1 to 4） 66.02 Sum of items 1 to 6 775.74 6 Related tax 72.75 6.1 Restoration fee for vegetation 62.15 6.1.1 Forest for wood using mu 2000.00 310.73 62.15 6.2 Reclaiming fee for cultivated land 10.60
49
Unit price Total No. Items Unit （CNY） Quantity Sum (CNY 10000) 6.2.1 Glebe, vegetable land, and greenhouse 1637.98 54.95 9.00 6.2.2 Others (new plot of land acquisition) 2339.97 6.85 1.60 7 The other expense 848.49 Total investment for compensation 848.49
7.2 Investment Plan According to Years According to the time arrangement of project implementation, time limit for the project is 2 years, and most of the fund will be paid before project construction.
7.3 Resource of the Fund According to the arrangement in plan, the fund comes from financial transfer.
50
8 RESETTLEMENT ACTIVITIES ARANGEMENT
8.1 Linkage of Resettlement Schedule with Construction Schedule
8.1.1 Construction Schedule
The project is planed to be started in the middle of April 2008 and finished in the middle of November 2009. Construction time for the project is 19 months, in which preparation works account for 1.5 months, and 12 months will be spent on main construction. The contents of project construction is simple, and the buildings across the dike are a few, so the key contents for the project are: construction preparation, dike body construction, slope protection, revetment, grit to fill the pool, earth to fill the pool, grass planning, and forest planting, etc. Construction preparation works include: traffic in the plot, temporary houses building, projects about wind, water, electricity, and communication, and accessorial factories, etc. the construction scene is not far from the town, and the traffic condition is good, so the time for preparation works is relatively short. It should be sure that in the June of the first year, main construction has the conditions to start. The preparation works of the construction start in the middle of April 2008, and it should be finished in the end of May, 5 months in total, which account for 1.5 months of the beeline construction time. Schedule of main construction is: the main constructions (dike body digging, filling works, and earthwork of forest plat) will be started in the beginning of June 2008. Up to the end of November 2009, earthwork of main construction will be finished. From every middle September to the end of October, and middle of April to middle of May in the second year, grass and forest will be planted. According to the project characteristics, the key line for the project construction is: preparation for the project → main construction (filling works) → grass and forest planting. The main construction consists of earthwork of the dike (dike cleaning, dike construction), filling the pool, earthwork of forest plat, slope protection and revetment in dangerous parts of the dike, buildings across the dike (mainstream Floodgate and Wudaohezi Floodgate), grass and forest planting. 3 parts of the dike can be started at the same time, and the contents of constructions are the same, and only the quantities of them are different. According to the project construction plan, the resettlement schedule is made for linking with it.
8.1.2 Linkage of Resettlement Schedule with Construction Schedule
Principles for connecting resettlement activities with schedule of project construction are: 1. Resettlement schedule of land acquisition should be linked with the schedule of project construction. 2. Land utilization schedule is decided according to the time of the beginning of construction. 3. Land acquisition should be finished 1 month before construction land utilization, and the beginning of land acquisition will be decided according to practical conditions.
51
Table 8.1: Schedule Plan of Land Acquisition and Project Construction Item Time
Start 2008.4 Time of project construction Finish 2009.11 Start 2008.1.01 Time of land acquisition Finish 2008.3.30 Time of building demolition Start 2008.2.15 Finish 2008.6.30 8.2 Principle for Making Resettlement Implementation Schedule The implementation of the Resettlement will start after the evaluation by ADB, and the schedule will be established in accordance with the following principles (1) The scope of land acquisition will be determined in accordance with the design drawings of each component of the dyke works before starting detailed measurement and calculation needed by land acquisition and house removal. (2) The detailed measurement and calculation needed by land acquisition and house removal should be done by project office with the owners of property together in accordance with the red line map before signing the compensation and resettlement agreement. (3) The Project Land Acquisition and Resettlement Office will organize a conference of all affected communities, households, and work units to publicize the policies on land acquisition, house removal, compensation and resettlement. The conference will be held before the compensation and resettlement agreement is signed. After the conference, an announcement about land acquisition and house removal will be issued. (4) The agreement on compensation and resettlement should be signed between the Subproject and affected parties after the detailed measurement and calculation and after issuance of the announcement about land acquisition and house removal. (5) The compensation fee for the loss of output value should be paid for the temporary land occupation and the payment should be made before construction. (6) The payment should be carried out after the compensation agreement between the two parts having been signed or before the implementation of land acquisition and house removal. 8.3 General Schedule for Land Acquisition and Resettlement According to the schedules of the preparation and the implementation of the resettlement and land acquisition, the overall schedule of the land acquisition and resettlement of the project is studied out as table 8.3.
52
Table 8.3: Schedule of Land Acquisition and Resettlement Activities Working No. Responsibilities Started date Finished date days
1 Planning work of land acquisition and building demolition 465d 2006.08.15 2007.11.30 2 Project office called in working staff. 5d 2006.08.15 2006.08.20 3 Decide the scope of land acquisition and building demolition. 15d 2006.10.05 2006.10.20 4 Practicality indicator survey of land acquisition and building demolition. 30d 2006.10.20 2002.11.20 5 Socioeconomic survey. 15d 2006.11.5 2006.11.20 6 Consult with the resettlement policies and plan. 10d 2006.11.15 2006.11.25 7 Prepare resettlement activity plan. 360d 2006.10.15 2007.10.15 8 Finalize the Resettlement Plan 135d 2007.8.1 2007.12.15 9 Land acquisition 90d 2008.01.01 2008.03.30 10 Appealing for land using construction certificate, and gain it. 40d 2008.01.1 2008.02.10 11 Appealing for land using programming certificate, and gain it. 30d 2008.01.15 2008.02.15 12 Held land acquisition meeting, publish the related policies. 10d 2008.02.15 2008.02.25 13 Consult with affected persons and sign the land compensation agreement. 15d 2008.02.25 2008.02.10 14 Disclose the notice on compensation for land acquisition. 10d 2008.03.10 2008.03.20 15 Settlement and distribution of compensation fund 10d 2008.03.20 2008.03.30 16 Building demolition 90d 2008.02.15 2008.06.30 17 Appeal for building demolition license, and gain it. 30d 2008.02.15 2008.03.15 18 Held building demolition meeting, and publish related policies. 150d 2008.03.15 2008.03.30 19 Disclose the notice on building demolition. 10d 2008.03.30 2008.04.10 20 Consult with affected persons about compensation for building demolition. 30d 2008.04.10 2008.05.10 21 Settlement and distribution of compensation fund. 50d 2008.05.10 2008.06.30 22 Resettlement 330d 2008.05.10 2009.04.08 23 Houses rebuilt 230d 2008.05.10 2008.11.30 24 Land adjustment 30d 2008.10.10 2008.11.09 25 Productive development methods 150d 2008.11.10 2009.04.08 26 Monitoring and evaluation 900d 2007.10.01 2010.03.30 27 Confirm the monitoring agency 20d 2007.10.01 2007.10.20 28 Organize monitoring and evaluation group 10d 2007.10.20 2007.10.30 29 Carry out monitoring and evaluation 660d 2008.03.01 2010.03.30
53
9 RESETTLEMENT ORGANIZATION
9.1 Organizations Related to Resettlement Activities According to the
54 short) as the project owner to be responsible for collecting fund for the project according to the approved design, monitoring the resettlement work, and coordinating the relevant work. Project Land Acquisition and Resettlement Leader Group: Zhalaite County Government organized principals of Zhalaite County Water Resources Bureau, Zhalaite County Land Resources Bureau, etc to establish a Project Land Acquisition and Resettlement Leader Group for ADB Financed Right Bank of Nen River Provincial Dike Project. The Project Leader Group is responsible for leading and organizing land acquisition and resettlement, policies making, checking and implementing of Resettlement Plan, and carrying out internal monitoring. Project Land Acquisition and Resettlement Office: The Land Acquisition and Resettlement Office is set up in Zhalaite County Water Resource Bureau, related workers of Nen Right Bureau are the member, and they are responsible for carrying out land acquisition and building demolition concretely. County Water Resources Bureau: as the main member of Project Resettlement Office, the County Water Resources Bureau is responsible for coordination and dealing with the things related to the project land acquisition and building demolition. County Land Resources Bureau: help the project transact procedures for land acquisition, and be responsible for land acquisition activity and monitoring on compensation implementation. County Forest Bureau: help the project transact procedures of forest acquisition. Watercourse Management Station: coordinate with Project Resettlement Office to organize land acquisition and building demolition; and be responsible for daily management work after the dike being handed over. Townships Governments: cooperate with Resettlement sector of project office to carry out land acquisition and building demolition. Villages Committees: cooperate with Resettlement sector of project office to carry out land acquisition and building demolition, and adjust land for affected households. Northeast Water Resources Hydropower Consultation Company: be responsible for design of project construction and making sure the scope of land acquisition. Jilin Songliao Water Resources & Hydropower Consultation Company: be responsible for preparing resettlement activity plan for the project. Changchun Reservoir Resettlement Development Training and Consultation Center: be responsible for monitoring and evaluation on the resettlement of land acquisition and building demolition.
55
9.3 Organization Framework
Nen Right Bureau
Monitoring and Jilin Songliiao Water Resources and Survey and designed agency Hydropower Consultation Company Evaluation (China Water Northeast Project Land Acquisition and Organization Reconnaissance Company) Resettlement Leader Group County Water Baoanzhao Hydropower County Land County Forest Project Land Acquisition and Resources Bureau Management Division Resources Bureau Resettlement Office Resources Bureau
Township Governments
Watercourse Management Station
Villages Committees
Affected Households
Graph 9.3: Project Resettlement Organization Framework
9.4 Organization Qualification
The Project Land Acquisition and Resettlement Leader Group consist of the leaders from the relative administration authorities. The leaguers have accumulated abundant experiences in a great many municipal works relative to land acquisition and building demolition before. Because of coming from government organizations or various administration authorities, they can play their roles of organization and coordination in land acquisition and building demolition well. The other institutions taken part in the implementation all consist of personnel that owning abundant experiences in subproject management. The resettlement implementing agencies are all well operated by high-quality staff with full-time personnel of 69 persons and 137 persons at rush time. The staff has wide range of technical background and rich experience in resettlement implementation. This will produce importance effects on the establishment and implementation of the RP. The removal administration and implementing agencies have better transportation and communication instruments, and the other agencies undertaking survey and design, removal implementation and independent external monitoring and evaluation own advanced computer assistant instruments, technology and abundant experiences in land acquisition and resettlement. The personnel in the resettlement implementing agencies are presented in table 9.4.
56
Table 9.4: Personnel Relating to Resettlement Matters in the Agencies Full-time Personnel in Implementing Agencies Personnel Rush Hours Qualifications of Personnel Starting (persons) (persons) working since Project land Acquisition and 2 6 Official, graduate or above 2006.10 Resettlement Leader Group Project Land Acquisition and Official, technical personnel，graduate Resettlement Office 6 12 or above 2006.10 Land Resources Bureau 3 6 Official, junior collage or above 2006.11 Townships Governments 20 40 Official 2006.11 Villages Committees 20 40 Village cadre 2006.11 China Water Northeast Engineering technical personnel, Reconnaissance Company 10 15 graduate or above 2006.7 Jilin Songliao Water Resources & Professional engineers, engineers, Hydropower Company 4 10 master's degree or above 2006.10 Changchun Songliao Reservoir Resettlement Development Training 4 8 Professional engineers, engineers, 2006.12 and Consultation Center master's degree or above Total 69 137
9.5 Obligations of Agencies 1. Project Land Acquisition and Resettlement Leader Group Be responsible for leading, organization, coordination and policy establishment of the Subproject, approval of the RP, implementation of the internal monitoring and inspection, and making decisions on issues in resettlement. 2. Project Land Acquisition and Resettlement Office z Entrust design institution to measure the impact scope of the Subproject; z Organize socio-economic survey; z Apply the licenses of land usage for planning and construction to Land Resource Bureau; z Organize and coordinate the establishment of the RP; z Execute the policies of the RP; z Confirm and coordinate the implementation of the RP conforming to the schedule of construction; z Appropriate funds and supervise the usage of the funds; z Direct, coordinate and supervise the executive activities and schedule of the RP; z Organize and implement internal monitoring, determine independent external monitoring agency, and coordinate and assist the external monitoring activities; z Examine monitoring reports; z Coordinate and deal with the conflicts and problems produced in the implementation; and, z Report the schedule, funds usage and implementation quality of the land acquisition to the ADB regularly. 3. County Water Resources Bureau
57 z Coordinate and deal with the matters related to land acquisition and building demolition; z Take part in socioeconomic survey; z Take part in preparing and checking of Resettlement Plan; and, z Leading, coordinating, and monitoring resettlement implementation activities of land acquisition and building demolition 4. County Land Resources Bureau z Implement state policies and regulations relative to land use for construction projects; z Participate in examining the standards of compensation for land and standing crops; z Transact the approval procedures of land acquisition; z Participate in the socio-economic surveys; z Participate in preparation and review of the RP; z Issue the licenses of land use for planning and construction; z Issue bulletins about land acquisition; z Direct, coordinate and supervise the implementation activities of land acquisition and building demolition; and, z Coordinate and deal with the conflicts and problems occurred during the implementation of land acquisition and transference. 5. The County Forest Resources Bureau z Assist relative institution to transact forestland acquisition procedures. 6. Townships Governments z Participate in the socio-economic surveys; z Participate in preparation of the Resettlement Plan; z Supervise and inspect the resettlement and income restoration activities undertaken by the villages; and, z Report the ideas and suggestions of affected persons to superior authorities. 7. Villages Committees z Participate in the socio-economic surveys and the establishment of the Resettlement Scheme; z Participate in preparation of the Resettlement Plan; z Organize the public consultation, and propagandize the policies about land acquisition; z Be responsible for the redistribution of the existing land after the land loss; z Organize the affected persons to develop production and to carry out income restoration activities;
58 z Report the comments and suggestions of affected persons’ to superior authorities; and, z Provide assistances to vulnerable households. 8. China Water Northeast Reconnaissance Company z Reduce the Subproject impacts by optimizing the design; z Determine the affected area of land acquisition; z Cooperated with the sector to prepare Resettlement Plan; and, z Provide technological assistance to the project office in respect of data collection and process. 9. Jilin Songliao Water Resources Water and Hydropower Consultation Company z Be responsible for preparing resettlement programming. 10. Changchun Songliao Reservoir Resettlement Development Training and Consultation Center z Provide technological consultations in respect of affected persons’ resettlement; and, z As an independent monitoring agency, the Changchun Songliao Reservoir Resettlement Development Training and Consultation Center will monitor various aspects of the Resettlement Plan and the implementation regularly, submit the independent monitoring and evaluation reports on resettlement to the Project office, Leader Group and ADB. The detailed contents and methods of monitoring are presented in Chapter 12 and Appendix 1: work outline of independent external monitoring agency. 9.6 Measures to Enhance Capability of Organization The Project Land Acquisition and Resettlement Leader Group and Land Acquisition and Resettlement Office organized training for the staff taken part in the land acquisition and building demolition of the project in November 2006. The contents of training include resettlement policies of ADB, related bylaws of land acquisition and building demolition, theory and methods of socioeconomic survey. The project Land Acquisition and Resettlement Office plans to enhance capability of the resettlement organization by the following measures.
9.6.1 Training the Resettlement Staff
Organize trainings for the staff engaged in affected persons’ resettlement continuously in the aspects of the resettlement policies of ADB, laws about land acquisition, cases analysis and simulation training, costs control and resources allocation to improve their professional quality and policy dealing skills.
9.6.2 Knowledge Exchange with Other ADB Projects through Field Visit
Staff of Project Land Acquisition and Resettlement Leader Group and Land Acquisition and Resettlement Office will be sent to the other ADB project to know about resettlement policies and concrete implementation methods of the other projects.
59
9.6.3 Establishing Rational Stimulation Mechanism
Provide full guarantee in respects of funds and equipment to increase working efficiency, clear responsibility of all personnel related to resettlement activities, and set up a perfect system of awards and penalizations for the personnel engaged in affected persons’ resettlement to mobilize their initiatives.
9.6.4 Establishing Management Information System
A land acquisition and resettlement management information system will be et up, in order to manage the data concerned by computers. Through this system, the project can increase information feedback, and ensure information be transmitted smoothly from the top to the bottom, and help the Project Leader Group to make decisions on major issues as well.
9.6.5 Reinforcing Internal and External Monitoring
Enhance the reporting system and internal monitoring and solve the problems, if any, in time. In addition, the activities of independent monitoring and evaluation should be reinforced and the independent monitoring and evaluation agency should find the existing problems to the relevant authorities in time with the recommendations.
60
10 PARTICIPATION AND CONSULTATION
10.1 Public Participation Strategy In order to formulate policies related the resettlement, prepare Resettlement Plan, minimize complaints and disputes from affected persons, and accomplish the target of appropriate resettlement, a great deal of efforts have been made and will be made on public participation and consultation during stages of preparation and implementation of the Resettlement Plan.
10.1.1 Public Participation in Project Preparation In the stage of project preparation on the feasibility study, the project (Nen Right Bureau)and design institute had consulted with relative experts, township governments and the representative villagers affected by the land acquisition many times, discussing with them for their suggestions, proposals and opinions on the schemes of construction, compensation and resettlement of the Project.
10.1.2 Public Participation in Socio-Economic Survey During impacts investigation and socio-economic survey, participated by the officials from the affected towns/townships, the affected villages leaders and villagers from the affected villages, various surveys, including impact investigation, the socio-economic survey on the affected area and sampled households, were completed, and the survey results were confirmed by the related shareholders. In December 2006, Project Office carried out a survey to ask the public for their proposals and suggestions on the project. The survey inferred to 100 households, and the results of survey are presented in table 10.4-1.
10.1.3 Public Participation Plan During implementation of resettlement activities, the public participation and consultation will be encouraged through following procedures and measures. 1) Consultation Meetings In three year previous land acquisition, symposiums were held with the participations of rural residents, village cadres and female representatives from the subproject affected area to collect their opinions and suggestions. 2) Public Meetings In a month previous land acquisition, before the implementation of RP, public meetings were held to explain relative policies, laws, compensation standards and resettlement schedules to the affected persons so that they can get the information of RP and make an earlier arrangement for resettlement. 3) Participating in the activities of land acquisition and resettlement by village leaders and representatives: During the implementation, the village leaders and representatives of affected persons will participate in on-site investigation and detailed measurement survey to finally determine the quantity of land acquisition, negotiate on compensation standards and resettlement options with Project Office and other relative authorities. Through democratic consultation, the villagers'
61 committees will determine: the land readjustment method; the use of compensation fee; benefit distribution by investment of land compensation, etc. 10.2 Publication (1) Publicize the policies about affected person’s resettlement by mass media including newspaper, radio and television. (2) Issue the Announcement of Land Acquisition and Resettlement The major contents of the announcement include: brief introduction of the subproject, the affected area, policies of resettlement, including compensation standards, resettlement organization, entitlement matrix, complaints and appeal, monitoring and evaluation, etc. During the preparation of the Project Resettlement Plan, the above contents has been disclosed to affected villages and affected persons by implementation organization, and the implementation organization asked for the comments and suggestions of all aspects widely. (3) According to the comments of ADB Resident Mission in Beijing (PRCM), the project revised and updated the Resettlement Plan. The Resettlement Plan was provided to local government to disclose to affected townships, villages, and individuals on October 30, 2007. Disclosing the plan helps affected persons to know the project and related policies. Feedbacks from affected persons shown that the related townships, village, and affected persons support the project construction, and they all agree to the legal framework, impact scope, compensation standards, organization arrangement, and participation and appealing of the resettlement, and have no negative opinions. According to the comments of ADB on December 10, the project group revised the Resettlement Plan further. The Resettlement Plan was opened to affected villages and affected persons by local government on December 12, 2007. (4) The Resettlement Plan had been finished before December 15, 2007, and the Resettlement Plan in Chinese has been distributed to townships, and the Resettlement Information Booklet in Chinese will be distributed to affected persons. The Resettlement Information Booklet in Chinese has been finished, and it has been disseminated to affected people for information disclosure by the local government, and it will be updated in case of significant changes due to the subsequent comments and the feedbacks from affected villages and affected people. (5) Meantime, the Resettlement Plan and the Resettlement Information Booklet both in Chinese and English will be prepared and sent to PRCM. 10.3 Vulnerable Households According to the survey, among affected households, there is no vulnerable household till now. If there are vulnerable households during project implementation, the Project Office will take out a special fund to help vulnerable groups, so as to improve their living level. The fund will be managed by village committees, and it will be spent for vulnerable groups. Implementation Agency will check the conditions of vulnerable families located in the scope of the project impact during implementing the project and report the condition to ADB. The resettlement external monitoring and evaluation institute should check it again. 10.4 Public Opinions Survey In December 2006, project group of the company and related staff of Project Resettlement Office carry out a survey about public opinions and suggestions. The survey was carried among 10 villages affected by the project. Analysis of the survey results from 100 households is presented as follows
62 z 75% of respondents know the Project is to be constructed, 10% of respondents don't know, and 159% of respondents are not clear z 98% of respondents support the Project, and 2% of respondents are indifferent。 z 100% of respondents think the Project will benefit not only the government and the collectivity but also to individuals. z The people had profound knowledge on the impacts and harms caused by floods. 96% of respondents thought floods could "cause houses and properties Lost", 98% "affect agricultural production", 89%" damage infrastructure ", 80%"affect people's health", and 58% "affect investment conditions". z When asked what degree will floods affect their living and production, 30% of the respondents said "very severe", 45% said "severe", 25% said "not severe" and no one said "no impact". z As for the unfavorable impacts by the subproject, 10% of the respondents think their incomes will be reduced because of the land acquisition, 50% think construction activities will affect production and living, and 40% think that the Project will have no unfavorable impact. z When asked if they know about the policies on resettlement and compensation for land acquisition and resettlement, 20% of the respondents said "Yes", 50% said know "a little", and 30% said "No". Affected households have known about the policies about land acquisition and building demolition by opening the Resettlement Plan and distributing the Resettlement Information Booklets z 80% of the surveyed households know how to appeal if their legal rights are aggrieved in the land acquisition and resettlement. The survey results about the public consultation on their attitudes and suggestions are presented in Table 10.4.
Table 10.4: Questionnaires of the ADB Financed Project Results (%) Question Options of Response No (1) (2) (3) (4) (5) Do you know the Nen Right dyke (1) Yes（2）Not clear（3）No 1 75 10 10 is to be constructed? 2 Support the Project or not？ (1) Yes（2）No （3）Indifferent 98 2 Who do you think will benefit a) State（1）Yes（2）No 100 3 from the Project? (Multiple b) Collectivity（1）Yes（2）No 100 choices) c) Individuals（1）Yes（2）No 100 What harm do you know is （1）Cause houses and properties lost caused by floods? (Multiple （2）Affect agricultural production 4 choices) （3）Damage infrastructure 96 98 89 80 58 （4）Affect people's health （5）Affect investment conditions What degree did floods affect （1）No impact your living and production？ （2）Not severe 5 30 45 25 （3）Severe （4）Very severe What benefits do you think you （1）Protect securities of people and production can get from the Project? （2）Increase agricultural production levels 6 95 92 84 37 （3）Improve living environment （4）Provide more opportunities of employment 7 What unfavorable impacts do （1）No unfavorable impact 40 50 10
63
Results (%) Question Options of Response No (1) (2) (3) (4) (5) you think the Project will bring to （2）Construction will affect production and living you? （3）Removal will cause economic lost （4）Economic incomes are likely to be reduced because of the land acquisition Do you know about the policies （1）Yes on resettlement and （2）A little 8 20 50 30 compensation for land （3）No acquisition and removal? Do you know to appeal if you are （1）Yes 9 aggrieved in the land acquisition （2）No 80 20 and removal?
64
11 COMPLAINT AND APPEAL
The participation of affected persons will be always strengthened during the preparation and implementation of Resettlement Plan. The Resettlement Plan and the Resettlement Information Booklet had been published and circulated completely before December 15, 2007. Meanwhile, a transparent and effective procedure of grievance and appeal as follows will be established to avoid the occurrence of major grievances. Affected persons will be informed about the above grievance and appeal procedure through holding public meetings or other approaches to understand that they have the rights of grievance and appeal.
Stage 1
If any affected person does not agree with compensation rate or rehabilitation measure, he/she can make a written or oral complain to townships. In case an oral complaint is made, it will be recorded in writing and resolved by the township governments within 2 weeks.
Stage 2
If the affected person is dissatisfied with the resolution proposed in Stage 1, he/she can appeal to Land Acquisition and Resettlement Office after receiving the decision. A reply should be made by Resettlement Office within 2 weeks.
Stage 3 In case the affected person is still not satisfied with the revolution proposed in Stage 2,
he/she can appeal to Project Land Acquisition and Resettlement Leader Group asking for administrative arbitration. The arbitration institutions should make arbitral decision within 3 weeks.
Stage 4 In case the affected person is still not satisfied with the arbitral decision, he/she can appeal to the People Court in accordance with the Civil Procedure Act after receiving the administrative arbitration. The affected person can appeal any aspect of the resettlement including compensation.
65
12 MONITORING
In order to ensure implementation of the Resettlement and accomplish the objectives to achieve appropriate resettlement successfully, monitoring and evaluation should be carried out for the implementation of resettlement in accordance with the requirement of the Operation Manual of Involuntary Resettlement of ADB. The monitoring is divided into two parts, the internal monitoring undertaken by the resettlement implementing agencies and the independent external monitoring by an independent monitoring agency. The internal monitoring is undertaken by ADB Project Leader Group, ADB Project Office, Water Affairs Bureau, and Townships Governments with the objectives to ensure all responsible entities to execute resettlement conforming to the principal and schedule of the Resettlement Plan and to keep super performance in the implementation. The external monitoring and evaluation will be done by an independent external monitoring agency that will carry out regular monitoring and evaluation to the activities of resettlement. Changchun Songliao Reservoir Resettlement Development Training and Consultation Center is entrusted to undertake the external monitoring of the Project in respects of: (1) Operation efficiency of the resettlement institution; (2) Implementation schedule of resettlement; (3) Compensation and restoration for the permanent and temporary land acquisition and house relocation; (4) Follow-up investigation and analysis to the standards of production and livings of the affected persons. An agency undertakes the external monitoring, being independent of Project Office, to inspect the whole implementation from an overall and long-term point of view. The external monitoring agency will track the resettlement activities of the Project to evaluate whether the implementation of resettlement: (1) Executes the national laws relative to resettlement; (2) Conforms to the Involuntary Resettlement Policy of ADB; and (3) Makes the standards of production and livings of the affected persons to be restored or increased. The external monitoring agency will put forward proposals to Project Office in time so that the problems occurred in the implementation of the resettlement can be solved as soon as possible. 12.1 Internal Monitoring and Inspecting The Project Office will set up an internal monitoring operation mechanism to examine the resettlement activities. All affected persons will be monitored, and an internal monitoring and examination will be carried out to the overall procedure of resettlement, using the Resettlement Plan and a baseline database about resettlement established by Project Office.
12.1.1 Implementation Procedure
During implementation period, ADB Project Office will collect and record the information about resettlement and restoration of the affected persons affected by land acquisition, the villagers
66 affected by temporary land acquisition and the affected persons affected by house removal, submit the actual records with the implementation schedules to Provincial Project Office in time to keep the continuity of the monitoring activities. In the above-mentioned monitoring procedure, information tables in an assigned format will be made out and submitted so that County Project Leader Group, Project Office, Water Affairs Bureau, and township governments, as important components of the internal monitoring system, can make regular examination and verification.
12.1.2 Monitoring Contents z Land compensation fee paid to the affected persons and affected villages z Compensation and restoration for temporary land occupation z Compensation and relocation for house affected z Implementation Schedule of above activities z Implementation of the policies formulated for the Resettlement Plan z Affected persons' participation and consultation in the implementation z Personnel, training, working timetable and working efficiency of the resettlement implementing agencies
12.1.3 Personnel
The personnel of the resettlement implementing agencies in charge of monitoring and data process are shown in Table 12.1.3. Table 12.1.3: Personnel Engaged in Monitoring
No. Organizations Full-time personnel Persons in Rush Hours 1 Inner-Mongolia Autonomic ADB Project Office 1 2
2 Nen Right Project Resettlement Leader Group 1 2
3 Nen Right Project Resettlement Office 2 4
4 Zhalaite County Water Affairs Bureau 1 2
5 Zhalaite County Land Resources Bureau 1 2
12.2 Independent External Monitoring The external monitoring agency will carry out monitoring based on the baseline date of survey by the resettlement implementing agencies.
12.2.1 External Monitoring Agency
The project corporation engaged Changchun Songliao Reservoir Resettlement Development Training and Consultation Center as the external monitoring agency of the Project. The agency has rich experience in resettlement, including resettlement policy, plan, design, implementation, monitoring, evaluation and management, and undertook many independent monitoring on resettlement for projects financed by ADB. The monitoring group is composed of four staff with
67 abundant experiences of engineering resettlement and sociology. The outline of external monitoring and evaluation is presented in Appendix 1.
12.2.2 Responsibilities
Songliao Reservoir Resettlement Development Training and Consultation Center will carry out follow-up monitoring and evaluation to the implementation of the Resettlement Plan and put forward consultative opinions for decision-making. The external monitoring agency will make site survey in the affected area for resettlement. The activities to be carried out by the agency include: 1) Baseline survey Songliao Reservoir Resettlement Development Training and Consultation Center will make a baseline survey to collect the indicators such as living standard, income and production, required for monitoring and evaluation of resettlement of the subproject among the affected villages, affected persons and households affected. The follow-up surveys of production and living standards of affected persons will be made once a year to track the variation of the standards of production and living of the affected persons. The necessary data can be acquired be follow-up survey on the sampled households randomly selected previously, informal interview and in-situ investigation. Statistic and analysis can be done based on the above data for the evaluation. 2) Regular Monitoring and Evaluation The external monitoring agency will make regular follow monitoring once a year during the implementation of Resettlement Plan. The monitoring activities will be made as follows by in-situ investigation, fellow-up survey of sampled households and informal interview of affected persons: z Payment of land compensation z Compensation for house relocation z Standards of affected persons’ living and production z Implementation progress of resettlement z Arrangement for resettlement organization 3) Public Consultation The external monitoring agency will participate in the public consultations during the preparation and implementation of Resettlement Plan, consequently to evaluate the effect of public participation. 4) Complaints The external monitoring agency will interview some institutions during monitoring, visit Project Office and other implementing agencies with complaints to get the information of resolutions to complaints from affected persons, and interview the affected persons who propose complaints, and make recommendations or suggestion for the existing issues to make the implementation of resettlement more effectively.
68
12.2.3 Resettlement Procedures
1) Prepare the general outline of monitoring and evaluation. 2) Prepare outline of survey and questionnaires. 3) Design the survey program and determine sampled households. 4) Baseline survey. 5) Establish monitoring and evaluation information system. 6) Monitoring surveys: Regional socio-economic survey; Monitoring resettlement implementing agencies; and Fellow-up survey on sample households. 7) Establish database. 8) Making Comparison and analysis. 9) Prepare monitoring and evaluation reports.
69
Appendix1: Resettlement External Monitoring and Evaluation Outline of ADB Financed Nen Right Project
1 Brief Introduction of the Project The project (the project is called Provincial boundary dike project on the right bank of mainstream of Chuoer River of Nen River) consists of Provincial boundary dike project on the right bank of mainstream of Nen River that located on Banlashan on the right bank of Chuoer River(Ban K0+000~Ban K30+803), Baoanzhao (Bao K0+000~Bao K15+670), and Zhatai dike (Zha K0+000~Zha K25+852), in which Banlashan dike is located at the junction of Nen River and Chuoer River, and the dike burdens of floods of both Nen River and Chuoer River. The part of dike connects with Baoanzhao dike and natural high place of Zhongxin Village of Numuer Township of Zhalaite County. Total length of the dike is 30.803km, and the number of peg is Ban K22+315.22~Ban K24+432.72, which divide Banlashan Dike to 2 parts; Baoanzhao Dike originates in the 100-m plot of water entering gate in upriver of Main stream, and it connects with Zhatai Dike in the upriver and it is downriver to the boundary of Wulan Branch and dike road of Banlashan Dike, and the total length of Baoanzhao Dike is 15.67 km. Zhatai Dike originates in the water entering gate of Wudaohezi Channel, and it is down to 100-m plot of the water entering gate in upriver of Main stream of Baoanzhao Dike, and the total length of Zhatai Dike is 25.825 km. There were 9 across-dike buildings of the Right Bank of Chuoer River Dike, and they were Water Entering Gate of Wudaohe Channel, Water Entering Gate of Mainstream, Qizhikou Control Water Gate, Du’erbenxin Water Discharging Gate, Wutaqi Pumping Station, Wutaqi Sullage Culvert, Banlashan Pumping Station, Banlashan Water Discharging Gate, and Numuren Pumping Station. These buildings has been used for many years, suffering from foods, especially the “98 flood”, they were all damaged more or less. Because the primary dike is thin and week, after being strengthened, across-dike buildings need to be reconstructed, too. At present, Qizhikou Control Water Gate, Du’erbenxin Water Discharging Gate, Wutaqi Pumping Station, Wutaqi Sullage Culvert, Banlashan Pumping Station, Banlashan Water Discharging Gate, and Numuren Pumping Station has been finished constructing. In the inception plan, Water Entering Gate of Mainstream should be rebuilt in another location, and Entering Gate of Wudaohe Channel should be repaired and strengthened. The dike project was listed in the Feasibility Study Report of ADB Financed Songhua River Flood Management Project that approved by primary State Development Planning Committee (primary State Development Planning Committee approved Feasibility Study Report of ADB Financed Songhua River and Nen River Flood Management Project by the document of
70 land acquisition will include implementation progress, payment of compensation, administration of resettlement and land acquisition , analysis of change of affected persons’ production and living standards by comparing the income and expenditure before and after the land acquisition and resettlement, business restoration of the affected enterprises and shops. The annual external monitoring and evaluation reports should be submitted to ADB, Project Office and other relative authorities regularly with the required information and proposed recommendations to improve the resettlement activities. The external monitoring and evaluation report should be also served for ADB and the related administrative authorities the Project to sufficiently understand whether the objectives of resettlement for land acquisition has be accomplished as scheduled with the expected quality, and the existing problems, if any, proposed recommendations or suggestion to improve the performance of resettlement implementation. 3 Contents of Resettlement Monitoring and Evaluation (1). Socio-economic survey: to obtain the socio-economic profile of affected districts and villages; (2). Monitoring on sampled households to be affected by land loss on payment of compensation of land and standing crops, employment, income restoration, etc; (3). Resettlement implementing agencies: capability and efficiency of the agencies; (4). Public participation: affected persons' participation in the preparation and implementation of the Resettlement Plan, and effectiveness of public participation (5). Grievance: operation mechanism and efficiency of grievance 4 Institutional Framework of Monitoring and Evaluation (1). Resettlement Study Center was contracted by Project Office to take charge of the concrete surveys, data collection, and analysis, and will review the performance of resettlement (2) Resettlement Study Center will organize a monitoring and evaluation group for the Nen Right Project Office. Under the direction of the officials from ADB, the group will be responsible for the monitoring and evaluation the resettlement activities, the preparation of the outline of monitoring and evaluation, the setup of monitoring spots, the in-situ survey and interior analysis work, and the preparation of the external monitoring and evaluation report. (3) Project Office will provide supports to the group in respects of personnel and communication etc. when the in situ monitoring and investigation are in progress. 5 Measures of Resettlement Monitoring and Evaluation (1) Methods including site survey, calculation and analysis, and experts' comprehensive judgment will be adopted for monitoring and evaluation. (2) The investigation will be done by linking work at selected spots with that in entire areas, in respects of the schedule, fund, institutions and administration of the implementation. Sample survey will be adapted to the affected persons, enterprises and ships. (3) The follow survey will be carried on sampled household, enterprises and shops, which will be randomly selected from the affected area. The sample proportion is 10-20%. (4) Carry out the comprehensive investigation by questionnaire, informal discussion or through looking up files and records. (5) Pay attention to collecting pictures, audio and visual data, and material objects data besides
71 written data. 6 Schedule of Monitoring and Evaluation (1) Establishing independent external monitoring and evaluation group and preparing detailed outline of monitoring and evaluation in the first 10 days of October 2007. (2) Making preparation for the independent monitoring and evaluation in the middle and the last 10 days of October 2007, including preparing questionnaire, establishing monitoring system, and selecting monitoring area and samples. (3) Carrying out the first monitoring activities in March 2008, and submitting the first monitoring and evaluation report in June 2008. (4) Carrying out the second monitoring and evaluation in December 2008, in respects of the resettlement activities and income restoration of affected persons by sample household survey, and submitting the second report in March 2009. (5) Carrying out the third monitoring and evaluation in June 2009, in respects of the resettlement activities and income restoration of affected persons by sample household survey, and submitting the third report in September 2009. (6) Carrying out the fourth monitoring and evaluation in December 2009, in respects of the resettlement activities and income restoration of affected persons by sample household survey, and submitting the fourth report in March 2010. 7 Technological Courses of Monitoring and Evaluation
The details are presented in graph 7-1.
72
Chart 7-1: Project Resettlement External Monitoring and Evaluation Process
Project establishment
Prepare work outline of M& E
Prepare outline of survey, questionnaires, record cards of sample households and enterprises
Prepare plan for sample survey
Baseline survey
Establish a information management system for M&E
Survey
Socioeconomic survey M&E on resettlement agency M&E on sample doors M&E on sample village
Establish data-base for the information of M&E
Evaluation by compassion and analysis
Prepare M&E report
M&E is Finished or not
End
M&E: monitoring and evaluation
73
Appendix 2: Impact Scope of the Project Land Acquisition
Note: the places colored green in the map are the impact scopes of land acquisition, and the places colored red in the map are the impact scopes of land acquisition that refer to cultivated land and houses.
74
Appendix 3:
The Distribution Chart of the Standard of AAOV of Land Acquisition that Issued by Zhalaite County
75
Appendix 4:
Measure and Calculation Report for the Unitive AAVO of Zhailaite County on Land Acquisition According to the requests in the
76
Distributing Scope of the Unitive AAVO of Zhailaite County on Land Acquisition Townships and Villages Areas Location Townships Villages (Forest farm and the prison) Handahan Sanhe, Handahan, Heishan, Taiping, Zhenxing, and Henan. In the east of the Xinglong, Shuitian, Nongchang, Sanjiazi, Quansheng, Fengchan, Wuxing, 3 middle highland Shitouchengzi, Hongfa, and Wenduer. Chuole Chagan, Hongqi, and Xinghua. Chuoer Lianhe, Quanji, Xianguang, and Qianjin. Tuanjie, Yixin, Guangming, Hongwei, Dongfeng, the County Central Yinder Forestry. Jiefang, Jinxing, Lianhe, Sihe, Desheng, Yongan, Minsheng, Jubao, Wujiahua The middle and the Baowei, and the forestry farm of Wjiu Township. 4 west of the plain in the south Wujiazi, Gumiao, Yongxing, Badai, Wudaohezi, Taiyangsheng, Baoquan, Badai Hongxing, and Yaoshan. Haolibao Liming. Xiaochengzi Xusheng, Dongsheng, Xinglong, Jinshan, Dongfanghong, and Liuhe. The middle of the plain Xinsheng, Baodefu, Xianfeng, Shuitian, Haolibao, Taipingshan, Lianfeng, 5 Haolibao in the south Bianqinbala, Baoanzhao Prison, and Wulan Prison. Xinmin, Liangjiazi, Baojuyuan, Xinghua, Zhongxin, Wulan, Wulekesi, The east of the plain in 6 Numuren Haritailai, Duerbenxin, Sanjiazi, Animal Husbandry Team, and Wutaqi the south Prison. Yongsheng, Changsheng, Aguitu, Erlongtao, Shengli, Bayangaole, Bayangaole Bayanjulihe, Shitoujingzi, Yongfa, Yonghe, Fenghuangshan, Mofan, and Bayi HorseFarm. The south of the Erlongshan Jiansheng and Yuejin Horse Farm 7 highland in the middle The plain in the south Xiaochengzi Sihe, Daling, Qingshan and Forestry Farm. Shuanghe, Kaoshan, Tumuyan, Shuangxing, Hada, Qinglongshan, Wuya, Tumuji and Tumuji Farm.
1.3 Contents The unitive AAOV of land acquisition is the general AAOV of the land, which contains the AAOV of the land and the additional profits. Various operations, framework of planting and feeding will be taken into consideration, when the staff measure and calculate AAOV of the land, and additional profit focuses on the use of stalk. 1.4 Applicable Time The unitive AAOV of land acquisition had been used since January 1, 2006, and the applicable time is 3 years. 1.5 Measure and Calculate Time The measure and calculate time for the unitive AAOV of land acquisition was December 30, 2005.
77
Area of the Cultivated Land of Zhalaite County in the Scope of Unitive AAOV of Land Acquisition Unit: CNY/ ha Description of the No. of Area Standard of AAOV Note Area 1 270317.37 2 363107.66 3 67140.83 4 57282.97 5 21778.58 6 45404.5 7 111219.94 Total 936251.85 Applicable time: January 1, 2006 Measure and Calculate Time: December 31, 2005 Standards for the Unitive AAOV of Land Acquisition Standards of Zhalaite County for the Unitive AAOV of Land Acquisition unit: CNY/ ha Description of the No. of Area Standard of AAOV Note Area 1 2753.78 2 3378.43 3 4469.25 4 5949.27 5 6090 6 5728.72 7 4138.65 Total 4644.01 Applicable time: January 1, 2006 Measure and Calculate Time: December 31, 2005
4 Induction of the unitive AAOV of Land Acquisition The principle of “the same price in the same place” will be followed in the same area, and the AAOVs of land acquisition for all the cultivated land involved in land acquisition are the same. In order to reflect the objective profits of cultivated land, forestland, and grassland scientifically, the compensation multiples for all kinds of land are different. The compensation multiple for the cultivated land involved in land acquisition is 10 times, and the resettlement assistance for it is 6 times. The land compensation and resettlement assistance multiples for forestland and grassland will follow the standards of forestry and animal husbandry. Note: because the other parts of the Appendix 4 are not connected with the Resettlement Plan closely, so they will not be translated here. Uniform AAOV Standard Calculation Report of Zhailaite County of Xing’an City of Inner-Mongolia Autonomous Region
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
Appendix 5: Resettlement Information Booklet