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Land Acquisition and Ethnic Group Due Diligence Report September 2020 LAO: Water Supply Sector Project Hom Subproject Xaisomboun Province DRAFT Prepared by the Department of Water Supply, Ministry of Public Works and Transport for the Asian Development Bank. ABBREVIATIONS ADB - Asian Development Bank AH - affected household AP - affected person COI - corridor of impact DC - district committee DCO - district coordination office DDR - due diligence report DED - detailed engineering design DMS - detailed measurement survey (at detailed design stage) DONRE - Department of Natural Resources and Environment DPWT - District Department of Public Works and Transport DRC - district resettlement committee DWS - Department of Water Supply EA - executing agency EMP - environmental management plan FS - feasibility study FSD - feasibility study design GOL - Government of the Lao PDR GRM - grievance redress mechanism IA - implementing agency IEE - initial environmental examination IP - indigenous peoples IR - involuntary resettlement Lao PDR - Lao People's Democratic Republic LAC - land acquisition and compensation LACF - land acquisition and compensation framework LAEGP - and acquisition and ethnic group plan LARC - and acquisition, resettlement, and compensation MPWT - Ministry of Public Works and Transport OPWT - District Office of Public Works and Transport PPWT - Provincial Department of Public Works and Transport PIU - project implementation unit PMO - project management office PNP - provincial nam papa (provincial water utility) PPSC - provincial project steering committee PRC - provincial resettlement committee ROW - right of way SES - socio-economic survey SPS - Safeguards Policy Statement VAU - village arbitration unit VDC - village development committee WSSP - Water Supply Sector Project UNITS ha - hectare km - kilometer km2 - square kilometer l/s - liter per second This land acquisition and ethnic group due diligence report 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. Your attention is directed to the “terms of use” section on ADB’s website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. CONTENTS EXECUTIVE SUMMARY 1 I. PROJECT DESCRIPTION 1 A. The Water Supply Sector Project 1 B. Hom Subproject 1 II. SUBPROJECT IMPACTS 5 A. Scope of Land Acquisition 5 1. Land Requirements 5 2. Permanent Land Acquisition 5 3. Temporary Land Acquisition 5 4. Temporary Disturbance 6 5. Affected Private Ownership 6 B. Benefiting Communities 7 1. Core Villages 7 2. Ethnicity 7 3. Equal Participation and Benefits for all Villagers 8 III. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 9 IV. GRIEVANCE REDRESS MECHANISMS 11 V. IMPLEMENTATION SCHEDULE 12 VI. MONITORING AND REPORTING 12 VII. CONCLUSION 13 APPENDIXES Appendix 1A: Fact-Finding: IR and IP Screening and Subproject Category 15 Appendix 1B: LARC Fact-Finding: Subproject Technical Features 18 Appendix 1C: LARC Fact-Finding: Aerial Images and Superimposed Layout and Locations of Components 21 Appendix 1D: LARC Fact-Finding: Aerial Images and Superimposed Location of Subproject Components 22 Appendix 1E: LARC Fact-Finding: Selected Pictured Impressions 23 Appendix 1F: Subproject Grievance Mechanisms 24 Appendix 1G: Subproject Implementation Schedule 26 Appendix 2A: LARC District and Village Consultation Meetings – Records 27 Appendix 2B: LARC Joint Consultation Meeting – Attendance Lists 31 Appendix 2C: Baseline Social, Economic, and Gender Consultation Meetings – Records 33 Appendix 2D: Social, Economic, and Gender Consultation Meetings – Attendance Lists 36 Appendix 3: Complementary Documentation – Land Use Certificates 39 List of Tables Table 1: Area of Land Requirements and Disturbances 5 Table 2: Subproject Core Villages with Latest and Projected Population 7 Table 3: Population and Ethnicity 8 Table 4: Household Size by Ethnic Group 8 Table 5: Ethnic Population in the District Town 8 Table 6: Summary of Consultation 10 List of Figures Figure 1: Conceptual Design of Hom Water Supply Scheme 3 Figure 2: Block Diagram of Hom Water Supply Scheme 4 EXECUTIVE SUMMARY ES-1. This feasibility study related draft land acquisition and ethnic group due diligence (LAEG-DDR) serves for preparatory steps and elaboration on involuntary resettlement (IR) and Ethnic Groups aspects to verify any need for land acquisition and compensation of the Hom water supply subproject. ES-2. The due diligence indicates that the works under this subproject include new intake, water treatment plant, clear water storage reservoir, intake pump station, office of water supply operator, and distribution network. For the site related land requirement public land will be made available. This land is not privately utilized. The alignments of pipes for the distribution of treated water follows alignments along public roads. ES-3. Therefore, the subproject’s corridor of impact concerns public land. There will be no acquisition of private assets required (land, structures, others), and no loss of income is expected. Subsequently, this subproject can be classified under Asian Development Bank Safeguard Policy Statement (ADB SPS) Category C for IR impacts, meaning the subproject has no involuntary resettlement. ES-4. The due diligence confirms that the subproject will result in the provision of a reliable supply of treated water to the citizens of the subproject villages without affecting any private land and livelihood of households. The Project is classified as category B for indigenous peoples impact because it will positively affect local population, where ethnic groups make the overwhelming majority. IPP elements are integrated in the overall project design. I. PROJECT DESCRIPTION A. The Water Supply Sector Project 1. The Water Supply Sector Project (WSSP) is in line with the GOL’s approved Urban Water Supply and Sanitation Strategy and the Water Supply Investment Plan 2020–2030, which prioritizes investments based on sector objectives within the national socioeconomic development plan and the approved urban development strategy to 2030. The water sector investment plan focuses on ensuring equitable development. WSSP will contribute to the Government’s urban sector targets as prescribed in the Strategy of the Urban Water Supply and Sanitation Sector (2013–2030).1 The thematic areas of the Project’s outputs include: • Regulatory Environment Improved • Urban Infrastructure Improved • Institutional Effectiveness Improved 2. The impact of the proposed Project will be increased service coverage and provision of safe, reliable, and affordable water supply for the urban population in the Lao PDR. The outcome will be improved access to safe piped water supply services in participating towns. 3. The Project covers at PPTA stage the Xaisomboun Province with the representative subprojects in Longxan and Hom, as well as the Vientiane Province with the two subprojects in Vangviang and Med. The subproject towns have been assigned a high priority based on the following criteria (i) current performance; (ii) government development priority; (iii) projected population and growth rate; (iv) development potential; (v) poverty status; (vi) previous investment in water supply and sanitation in the province; and (vii) previous inclusion on the Water Supply Sector Investment Plan. 4. WSSP will improve the performance of provincial Nam Papas2 and expand access to safe piped water supply and sanitation for urban residents. It will build on the ADB’s current work in the sector, by: (a) strengthening PNP capacity in corporate planning, business and financial management and operation and maintenance; (b) rehabilitating, expanding or developing piped water supplies, and; (iii) improving environmental sanitation in the priority small towns. 5. The WSSP will continue to improve financial sustainability of PNP through support for financial management and by linking disbursement to PNP performance and tariff adjustments. In parallel with the capital investments, the key elements of sector and policy reform will be addressed at strategic points during the implementation process. B. Hom Subproject 6. For Hom subproject, the proposed water supply development plan includes a new intake, water treatment plant (WTP), clear water storage reservoir, and distribution network. 7. The proposed new infrastructure will include: (i) weir intake on the Khien River; (ii) 4.6km raw water transmission main to the WTP via a pump station approximately half way along the 1 Government of the Lao PDR, Ministry of Public Works and Transport. 2013. Strategy of the Urban water Supply and Sanitation Sector (2013–2030). Vientiane. 2 Provincial nam papas (PNPs) are state enterprises in the Lao PDR, which oversee the development, operation, and regulation of 'commercial' piped water supply systems in the provinces. In other words, nam papas are water utilities. 2 route; (iii) 1,800m3/day capacity WTP with new facilities for flocculation, sedimentation (including lamella technology), rapid gravity filtration, air scour and backwash, chlorine dosing facilities, laboratory and PAC dosing facilities, and detention ponds; (iv) 600m3 total storage capacity in the clear water ground reservoir at the proposed