Social Monitoring Report

Project Number: 41435-013 Loan Numbers: 3570 and 8331 Grand Number: 0542

Period covered: January-June 2020

March 2021

Cambodia: Tonle Sap Poverty Reduction and Smallholder Development Project - Additional Financing

Prepared by PIC of NCDD and MAFF for the Tonle Sap Poverty Reduction – Additional Fund for the Asian Development Bank.

This social monitoring 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.

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.

TABLE OF CONTENTS

1. INTRODUCTION 2 1.1 Background 2 1.2 Project organizational structure 3 1.3 Purpose of the report 4 1.4 Report format 4 1.5 Report preparation 4 2. PROCEDURES FOR SOCIAL SAFEGUARD DUE DILIGENCE OF SUBPROJECTS 5 3. SOCIAL SAFEGUARD SUMMARY 6 3.1 Summary of Project Progress 6 3.2 Subproject social impacts 9 3.3 Implementation arrangements for safeguards 17 3.4 Incorporation of safeguard requirements into contract documents 18 4. INVOLUNTARY RESETTLEMENT PERFORMANCE MONITORING 18 5. INDIGENOUS PEOPLES IMPACT MONITORING 19 6. PUBLIC CONSULTATION, INFORMATION DISCLOSURE 20 7. GRIEVANCE REDRESS MECHANISM 21 7.1 GRM and its procedure 21 8. CAPACITY BUILDING 23 9. COMPLIANCE WITH SAFEGUARDS RELATED PROJECT COVENANTS 24 10. CONCLUSIONS AND RECOMMENDATIONS 25

Annex 1: List of subprojects with contracts awarded (January - June 2020) Annex 2: Example of Certificate of Land/Asset Transfer forms Annex 3: Example of certification of Right of Way Annex 4: Comparison of existing and proposed base-width Annex 5: Example of Inventory of Loss table Annex 6: Example of minutes of public consultation meetings Annex 7: Attendance list for public consultation meetings Annex 8: Complaints reporting and redressing form and prosed GRM Annex 9: Attendance lists for safeguard capacity building trainings Annex 10: TSSD-AF Resettlement Framework - Anticipated resettlement impacts

LIST OF ABBREVIATIONS

ADB Asian Development Bank AF Additional Financing CoC Code of Conduct CLTF Certificate of Land/Asset Transfer/Forms DST District Support Team EA Executing Agencies ESME External Safeguards Monitoring Entity ESS Environment Safeguard Specialist GRC Grievance Redress Committee GRM Grievance Redress Mechanism HH Household IP Indigenous People IPP Indigenous Peoples Plan IOL Inventory of Loss LAR Land acquisition and Resettlement MAFF Ministry of Agriculture, Forestry and Fisheries PIC Project Implementation Consultant PST Provincial Support Team RoW Right of Way SPS Safeguard Policy Statement SSME Social Safeguards Monitoring Entity SSS Social Safeguards Specialist SSDDR Social Safeguard Due Diligence Report

TSSD-AF SSMR 2: January - June 2020

SOCIAL SAFEGUARDS MONITORING REPORT (SSMR2) (January - June 2020) EXECUTIVE SUMMARY This Social Safeguards Monitoring Report (SSMR 2), which covers the period from January to June 2020, has been prepared in compliance with the ADB Safeguard Policy Statement (SPS, 2009) and the Tonle Sap Poverty Reduction and Smallholder Development Project - Additional Financing (TSSD-AF) Resettlement Framework (RF) and also specific covenants to the ADB loan. The SSMRs are required to be produced on a semi-annual basis but this report covers six month period of the project from January to June 2020. The SSMR provides an overview of the TSSD-AF including the coverage area, the organizational structure and the outputs and activities. The report provides the findings of the monitoring of the implementation of the social safeguard due diligence process during the design and implementation of the rural infrastructure subprojects and provides a commentary on whether this process has been performed to an acceptable standard to avoid, minimize or mitigate for any potential social impacts arising from the subproject construction and whether there has been an adequate response to complaints received and identifies whether any specific social safeguard measures have not been effectively implemented. The SSMR comprises sections that describe the implementation of the 17 core subprojects including seven prioritized subprojects focusing on any social impacts arising and the effectiveness of the Grievance Redress Mechanism (GRM) in resolving any complaints, the results of monitoring the social impacts on project beneficiaries including any Indigenous Peoples (IPs), the complaints dealing with social issues through the GRM and a description of the capacity building training activities relating to social safeguards. The report provides a description of the procedures for social safeguards due diligence for all subprojects and summarizes the categorization of the subprojects into the three categories. The TSSD-AF has been placed under Category C for Involuntary Resettlement (IR) since there were no serious IR issues identified during project preparation and Category C for IPs since there are very few such communities within the target communes. To achieve compliance with the TSSD-AF, the project has identified a range of provisions for the payment of allowances to vulnerable households and those that are below the poverty line whose land and/or assets will be impacted by the construction activities, taking account of whether the impacts are felt within or beyond the official Right of Way (RoW). The SSMR includes a summary of the project progress for one core subproject, seven priority subprojects that had contracts awarded on 22nd June and the next batch of 16 subprojects which had contracts awarded in January but the civil works were suspended in March pending the satisfactory completion of the social safeguard due diligence process. There were 24 public consultation meetings conducted for 10 of the next batch of subprojects. There is a description of the application of the social safeguard due diligence during the design and preparation stage for the subprojects and the responsibilities of project team members and also the SSPs. A summary of the compliance with the resettlement plan requirements and the relevant loan covenants is provided. There is also a description of the public consultation process, information disclosure and a summary of the capacity building training activities that were conducted.

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TSSD-AF SSMR 2: January - June 2020

SOCIAL SAFEGUARDS MONITORING REPORT (SSMR2) (January - June 2020) 1. INTRODUCTION 1.1 Background 1. In 2009, the Asian Development Bank (ADB) approved the Tonle Sap Poverty Reduction and Smallholder Development Project (TSSD), which achieved notable achievements in productive infrastructure and livelihood improvement. The Government of Cambodia (the government), ADB and IFAD project teams concluded that successful project activities should be scaled up to broaden the benefits of increased rural incomes and economic development. 2. In January 2018 the Additional Financing (AF) for the TSSD was approved to expand activities on climate-responsive productive infrastructure from 196 communes in five provinces (Banteay Meanchey (BMC), Siem Reap (SRP), Kampong Thom (KPT), Kampong Cham (KPC) and Tboung Khmum (TKM)) to 270 communes in seven provinces, including the two additional provinces of Battambang (BTB), and Prey Veng (PVG) within the Tonle Sap Basin, and in addition to further develop the enabled environment for agricultural productivity, diversification and climate resilience with a strong emphasis on value chain strengthening. The inclusion of women, smallholder farmers and poor households remains a priority. The change in the scope under TSSD-AF increased the number of beneficiary households from 430,000 to 650,000. 3. The aggregated impact will be improved livelihoods in the target communes and climate resilience in seven provinces in the Tonle Sap Basin improved. The aggregate outcome will be agricultural productivity increased, climate and disaster resilience strengthened, and access to markets improved in 270 communes in seven provinces in the Tonle Sap Basin. 4. The TSSD-AF consists of main three outputs. Output 1: focuses on enhancing rural productive infrastructures and livelihood improvement with capacity in disaster risk management (such as rural roads and small-scale irrigation rehabilitation, supporting new and old Livelihood Improvement Groups (LIGs) and DRR training and planning for commune councils). Output 2: focusses on enhancing environment for increased agricultural productivity diversification and climate resilience (such as value chain support and market linkages; information and communication technology and commune mobile access program). Output 3: strengthens project management. 5. Under Output 1 the TSSD-AF is providing support for the rehabilitation of up to 450 kilometers of disaster risk reduction (DDR) roads in commune and Sangkat areas that are prone to floods, and 6,000 hectares of irrigation (secondary or tertiary canals) capable of supporting at least two crops per year, and other facilities that may be identified for the market improvement groups (MIGs) or Paddy Selling Groups (PSGs). All infrastructure for investment is to be included in the commune development plans (CDPs) and commune investment plans (CIPs) and/or requests from the marketing improvement groups (MIGs) or paddy selling groups (PSGs), and funds to contractors will be paid to the relevant commune councils (CCs). Each target commune or Sangkat can propose up to a maximum of three rural infrastructure sub-projects. However, the available funds for rural infrastructure are not sufficient to complete all of these sub-projects and selection criteria are applied based upon (i) strong commitment of the Livelihood Improvement Groups (LIGs) to work together to improve their livelihoods wit functional Group Revolving Funds (GRFs); and (ii) commitment from the commune councils (CCs) to support all of the LIGs to solve problems and maintain the established infrastructure supported by the TSSD.

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TSSD-AF SSMR 2: January - June 2020

Figure 1: Map of TSSD-AF target area

6. The project is classified as category C for social and resettlement, in accordance with the ADB Safeguard Policy Statement (SPS, 2009) safeguards classification system.1 All rural infrastructure sub-projects are required to be screened and classified in accordance with the ADB SPS 2009 and the TSSD-AF Resettlement Framework (RF) by using priority screening criteria and prioritization screening criteria and in the case of rural infrastructure sub-projects are screened and classified in C category, a social safeguards due diligence report have prepared based on the activities in the annual work plan and submitted to ADB for review. For the rural infrastructure sub- projects, the Design and Supervision Consultants (DSC) together with its social safeguards’ specialist are responsible for the social categorization which must be submitted to ADB for confirmation of the safeguard classification. 1.2 Project organizational structure 7. The Executing Agencies (EAs)/Implementing Agencies (IAs) for the project are the National Committee for Democratic Development (NCDDS) and the Ministry of Agriculture, Forestry and Fisheries (MAFF), who have both established project management units (PMUs) at national level and provincial/district support teams (PSTs) in each of the seven target provinces. The designs for rural road sub-projects are approved at provincial level by the Provincial Department of Rural Development (PDRD) and the designs of irrigation sub-projects are approved by the Provincial Department of Water Resources and Meteorology (PDWRAM) following the sub-project clearance procedures defined in the Commune/Sangkat Project Implementation Manual (PIM). 8. The NCDDS have recruited two service providers: (i) the Design and Supervision Consultant (DSC) team, who are responsible for the preparation of the detailed engineering designs (DEDs) and the supervision of the construction, through the conduct of topographic surveys to collect the data required for the designs including the identification of the Right of Way (RoW), the social screening process to identify any potential impacts and categorize the subprojects, and the preparation of the budding documents; and (ii) the External Safeguards Monitoring Entity (ESME) who are responsible for ensuring that the social (and environment) safeguard covenant requirements are fully complied with. The ESME provide a certification of the Social Safeguard Due Diligence Report (SS DDR) for each subproject to verify that the process is fully compliant with the ADB Safeguard Policy

1 https://www.adb.org/documents/safeguard-policy-statement 3

TSSD-AF SSMR 2: January - June 2020

Statement (SPS, 2009) and for all subprojects that have impacts in terms of the loss of land or other assets to verify each of the Affected Households (AHs) has consented to these losses, there are no vulnerable households amongst the AHs and to confirm the amount of allowances that will be provided to each AH, so that the SS DDR can be approved for disclosure prior to any contracts being awarded. In short, the ESME needs to conduct independent monitoring of the safeguard implementation based upon the approved RF during the design, construction and operation of the infrastructure subprojects to ensure that acceptable consultative and grievance reporting mechanisms have been adopted and, in respect of all subprojects that require land or assets acquisition, to verify that (i) the principles of voluntary land/asset donation have been followed; (ii) the AHs who have opted for land donation have not been forced to donate; and (iii) the living standards of those who opted for donation will not be negatively affected. Furthermore, the ESME team needs to check and verify all of the certificates of land/asset transfer forms and confirm that the information is accurately represented in the IOL table included in this DDR. 9. The Project Implementation Consultant (PIC) team, which was recruited by MAFF, and the DSC team both include a social safeguards specialist (SSS). 1.3 Purpose of the report 10. The Social Safeguards Monitoring Report No. 2 (SSMR2) has been prepared to report on the social impacts of the subproject implementation on the affective households during the reporting period in compliance with the safeguard covenants to the ADB loan.2 This is the second SSMR to be prepared under the TSSD-AF and covers the period from January to June 2020. The SSMRs are required to cover the following aspects: (i) Summarize the progress of design and implementation progress of all subprojects. (ii) List the overall social impacts identified for each subproject. (iii) Summarize the status of Grievance Redress Mechanism (GRM) establishment for each subproject under construction. (iv) List the records of any complaints received by the local authorities relating to social impacts through the GRM. (v) Summarize the training provided on social safeguards and capacity building undertaken and field visits/monitoring. 1.4 Report format 11. This report (SSMR2), which covers the period from January to June 2020, presents the findings of the monitoring the application of the social safeguard due diligence process during design and implementation of the subprojects. It discusses whether or not the social safeguard due diligence process has been performed to an acceptable standard to avoid, minimize or mitigate for any potential social impacts of the subprojects. Whether or not there has been an adequate response to complaints received and identifies activities relating to the social safeguards that have not been effectively implemented by the project. The SSMR include the following sections: (i) Implementation of the 24 subprojects comprising one core subproject, seven priority subprojects (for prior review) and the first batch of 16 subprojects (for post review) focusing on any social impacts arising and the effectiveness of the GRM in resolving any complaints. (ii) Results of the monitoring of the social impacts on the project beneficiaries including indigenous peoples (IPs) during construction; (iii) Complaints dealing with social issues through the GRM; (iv) Description of capacity building training activities relating to social safeguards and field visits/monitoring. 1.5 Report preparation 12. This report was prepared by the PIC team as stated in their Terms of Reference (ToR) in consultation with the SSS in the DSC team. It is submitted to the ADB/Cambodia Resident Mission (CARM) social safeguard team for review prior to disclosure on the ADB website and the TSSD-AF website.

2 The Borrower shall do or cause the project EAs to submit social safeguard monitoring report (semi-annual from January and June of each year and disclose relevant information from such report to affected persons promptly upon submission. If any unanticipated social impacts arise during construction. 4

TSSD-AF SSMR 2: January - June 2020

2. PROCEDURES FOR SOCIAL SAFEGUARD DUE DILIGENCE OF SUBPROJECTS 13. The social safeguard due diligence procedures that are applied for all subprojects are defined in the ADB Safeguard Policy Statement (SPS, 2009) and further elaborated in the TSSD-AF Resettlement Framework (RF). All rural infrastructure subprojects are screened and classified for the level of social impact relating to land acquisition and resettlement impact. 14. The due social safeguard due diligence process includes the following steps: (i) Preparation of the detailed engineering design including the identification and proposal of the official RoW by the commune council (CC) and acceptance and adoption by the district office of Land Management, Cadastral and Urban Construction (to be strictly followed during the subsequent land registration process). (ii) Site demarcation and screening at the proposed subproject location to demonstrate the proposed subprojects and the width of the upgraded road, irrigation canals, dam embankments. etc., to establish the Corridor of Impact (CoI) that includes an additional small strip of land on each side for the movement of equipment and materials during construction. (iii) Conduct of consultation meetings with local authorities on the land status to obtain and verify the land tenure status within the subproject site. (iv) Consultations with community members including any landowners/affected households/project beneficiaries (with information on gender distribution and identification of vulnerable households) to seek their agreement for the proposed subproject based upon the demarcation and for the setting of the cut-off date after which the villagers will only harvest exiting crops or trees and will not engage in any new production activities within the CoI. (v) Preparation of the Inventory of Loss (IOL) based upon demarcation to identify the additional land required as well as any loss of crop production, trees and fences both within and outside the official RoW. (vi) Identification of the need for compensation that must be paid in the case of any private land lost outside of the official RoW. (vii) Endeavor to mitigate the impacts and resolve the concerns of the AHs and community members who will relinquish some land, trees, fences, as well as crop production, that is within with the official RoW as well as identifying the allowances to be paid to these AHs. The preparation of the Certificates of Land/Asset Transfer Forms (CLTFs) was done as a part of the two public consultation meetings, but mainly during the 2nd public consultation meeting, the AHs were asked to visit the subproject site to observe the demarcation. After they had agreed with the demarcation and signified their willingness to relinquish some parcels of land, or to the loss of some trees and fencing they were requested to sign on the CTLFs (as shown in example in Annex 2). (viii) Setting up the Grievance redress Mechanism (GRM) that is appropriate for the subproject with the identification of representatives from village, commune, district, provincial and national level. 15. Under ADB procedures there are three categories for subprojects depending on the significance of the social impacts as follows: - Category A: 200 or more persons will experience major impacts defined as (i) being physical displaced from housing; or (b) losing 10 percent or more of their productive income generating assets. Subprojects in this category are ineligible for support under TSSD-AF. - Category B: Less than 200 persons will experience major impacts defined as (i) being physically displaced from housing; or (b) losing 10 percent or more of their productive and income generating assets. Subprojects in this category require the preparation of a Resettlement Plan. - Category C: No involuntary resettlement impacts. 16. The TSSD-AF is categorized as Category C for Involuntary Resettlement and Category C for Indigenous Peoples. In order to achieve compliance with the TSSD-AF the following provisions are made for allowances to be paid to any AHs that are impacted by the subproject as follows: − Vulnerable households are identified as those that are categorized as ID Poor 1 and have no income source, elderly, disabled or female headed households (FHHs) with many children and whose monthly expenditure per person is below the official poverty line of KHR 132,386 per month.3 The monthly expenditure per person is calculated from

3 The Ministry of Planning recalculated the official Poverty Line in 2013 and revised the monthly expenditure per capita to KHR 132,386 for other urban areas and KHR 106,560 for rural areas. http://www.mop.gov.kh/DocumentKH/New%20Poverty%20Line- FINAL%20APR%202013.pdf. The reason of using the new poverty line for other urban areas (KHR 132,386) was due to some subprojects being AF located close to provincial or district towns. 5

TSSD-AF SSMR 2: January - June 2020

the total monthly household income compared to the number of people who reside permanently within that household. Any households below the official poverty line are entitled to receive an additional allowance of two months of this level of income calculated on the basis of the number of members of the household.4 − For land donated by any AH that is outside of the official RoW of the road/canal there will be compensation paid based on an official land valuation provided by the commune council and this payment is not dependent on that AH having an official land title. − For land donated by any AH that is inside the RoW of the road/canal there will be allowances provided for loss of crop production based on an assumed yield of 3 tons per hectare of paddy and an average selling price of paddy (based on the socio-economic data for the impacted villages) for one crop season. − Allowances are provided for the loss of trees by any AH and the value of the loss is estimated in the Certificate of Land/Asset Transfer form that is signed by the household head. The calculation of the price of the land, trees or other assets lost by the AHs was based on the market price verified by the local authorities and stakeholders. − Allowances are provided for the loss of fencing by any AH and the value of the loss is based on a value ranging from KHR10,000 to KHR 20,000 per meter of fencing line depending on the type of fencing materials. 17. The EAs are responsible for implementing the agreed social safeguard measures and for monitoring the day-to-day progress of implementation, documentation of the monitoring results and verifying compliance with the measures set out in the DDRs. They are responsible for ensuring that the establishment of effective GRMs and for addressing and responding to any complaints from AHs. Furthermore, if any unanticipated impacts occur during the construction period, they are responsible for updating the DDRs accordingly to document the identification and implementation of the corrective actions taken. 18. The ESME was recruited and mobilized in March 2020 and the team are responsible for providing independent monitoring of the safeguard implementation based upon the approved RF during the design, construction and operation of the infrastructure subprojects to ensure that acceptable consultative and grievance reporting mechanisms have been adopted and, in respect of all subprojects that require land acquisition, to verify that (i) the principles for the relinquishing of land or assets have been followed; (ii) the AHs who have agreed to relinquish land or assets have not been forced to do so; and (iii) the living standards of these AHs will not be negatively affected. In addition, the ESME team are responsible for checking and verifying of all CLTFs, where these are required, and confirming that the information is accurately represented in the IOL table included in the SS DDR. The ESME also prepare a semi-annual safeguard monitoring report incorporating all validation requirements for subprojects monitored each reporting period. 3. SOCIAL SAFEGUARD SUMMARY 3.1 Summary of Project Progress 19. Rural infrastructure subprojects. Each target commune has identified three proposed rural infrastructure subprojects for consideration. However, due to funding limitations not all of these subprojects can be supported and a long-list of 581 infrastructure subprojects has been identified across the 270 target communes and there were 60 identified for design and 24 on-going construction during 2020. However, due to the delays experienced in the preparation of the safeguard reports (for both social and environmental) there was some progress achieved. The main activities relating to the rural infrastructure subprojects during the reporting period can be summarized as follows: (i) For the two core subprojects the construction for the Lvea canal rehabilitation subproject (IR002) was completed in February 2020 (except for the grass planting). The reason for completing the civil work without updating the SS DDR was due to the first DSC social safeguards specialist passing away and the replacement was only mobilized in February 2020, so the finalization of SS DDR was delayed, while the civil works of the subproject continued. (ii) For the seven priority subprojects (for prior review) contracts were awarded on 22nd June after the social (and environmental) safeguard DDRs were approved and disclosed. (iii) For the next sixteen subprojects (for post review) the contracts were awarded in January without the clearance and disclosure of the SS DDRs and the civil works were suspended on 24th March until such time as the DDRs had been approved and disclosed - see Table 1.5 (iv) During the review mission in March 2020 by ADB concerns were raised for three subprojects (out of the 16 subprojects) relating to the failure to comply with the social safeguard provisions and these were addressed

4 See Annex 6 for details of two vulnerable households that received allowances. 5 See Annex 1 for detail of contracts awarded during this reporting period. 6

TSSD-AF SSMR 2: January - June 2020

during the preparation of the final approved SS DDRs. These SS DDRs were also certified by the ESME team. 20. The main social safeguard activities during the reporting period related to: (i) Commenced the collection of information for the Lvea canal rehabilitation core subproject (IR002) to enable an updating of the SS DDR to reflect the change in the design. (ii) Compilation of the SS DDRs for the seven priority subprojects (RR/IR003-9 for submission to ADB for approval and disclosure, which were approved on 22nd June so that these seven subprojects could proceed with contract awards. (iii) Site visits for the 16 subprojects which had commenced construction for observation, verification and informal interviews and photo documentation of the construction activities (prior to the suspension of civil works in March 2020) for verification of official Right of Way (RoW), validation of the estimation of additional land need and determination of other assets lost for inclusion in the Inventory of Loss (IOL). (iv) During this reporting period there were a total of 48 public consultation meetings conducted by the DSC team to discuss the scope of each subproject and to identify the potential social impacts in respect of land and other assets.6 (v) During this time, there were a total of 24 public consultation meetings conducted by ESME to verify and reassess the process of public consultation meetings, the land/assets transfer forms and identified GRM.

6 See Annex 8 for summary of all public consultation meetings conducted. 7

TSSD-AF SSMR 2: January - June 2020

Table 1: Project Overview and its Components

Project Title Tonle Sap Poverty Production and Smallholders Development Project - Additional Financing Grant Number 0186/0191/0192 Loan Number 2599/8243 Indigenous Peoples Category C Safeguards Category Involuntary Resettlement Category C Reporting period: January - June 2020 Last report date: April 2018 – December 2019

Output 1: focuses on enhancing rural productive infrastructures and livelihood improvement

with capacity in disaster risk management (such as rural roads and small-scale irrigation or

canal rehabilitation, supporting new and old Livelihood Improvement Groups (LIGs) and DRR

training and planning for commune councils).

In terms of rural infrastructures, since the January-June 2020.

Core pilot subproject (one)

IR002 Lvea canal rehabilitation subproject – Priority subprojects (seven)

IR003 - Kakoah canal irrigation subproject

RR004 - Kok Romiet laterite road subproject

RR005 - Reussei Lok laterite road subproject

IR006 - Pnov canal rehabilitation subproject

RR007 - Tang Krasang concrete road subproject

RR008 - Trapeang Phlong DBST road subproject

IR0009 - Kansoam Ak canal rehabilitation subproject Key sub-project activities Detailed designs were completed including social screening and impact and the social safeguards due since the diligence reports have been cleared by ADB and disclosed. last report: Contracts were awarded on 22nd June 2020. Other subprojects (16) RR010 - Kuok Khmum DBST road subproject RR011 - Knach Romeas laterite road subproject IR012 - Basak & Prak Chick canal rehabilitation subproject RR013 - Bos Sbov DBST road subproject RR014 - Samroang SBST road subproject RR015 - Chheav concrete road subproject RR016 - Svay Sar earth road rehabilitation subproject RR017 - Sandan & Dang Kambet laterite road subproject RR018 - Tang Krasang DBST road subproject RR019 - Chi Meas SBST road subproject RR020 - Batheay & Me Pring DBST road subproject RR021 - Sdaeung Chey SBST road subproject RR022 - Tuol Snuol concrete road subproject IR023 - Bay Ak canal rehabilitation subproject RR024 - Kampong Trabaek SBST road subproject RR025 - Rumlech SBST road subproject Detailed designs were completed including social screening and impact and the social safeguards due diligence reports have been submitted to ADB. Contracts were awarded for these subprojects on 30 June 2020 prior to social safeguard documents being approved and disclosed. The civil works for all of these subprojects was suspended on 24th March 2020, pending the satisfactory completion of the safeguard requirements. Output 2: focusses on enhancing environment for increased agricultural productivity diversification and climate resilience (such as value chain support and market linkages; information and communication technology and commune mobile access program). SSP8 is on board and now it works. Output 3: strengthens project management. This component is functioning very well and a lot of training are on-going in order to improve the project management team’s capacity. Sources: DSC report 2020 21. During the reporting period, the project made further progress with the completion of construction for the Lvea canal rehabilitation subproject (IR002) and the commencement of construction for next batch of 16 subprojects, until the suspension became effective in March 2020. By that time the average progress of the construction was 40 percent (and ranged from 10 to 70 percent). 22. There were 24 public consultation meetings conducted for a total of 10 subprojects and the preparation of the social safeguards due diligence reports (DDRs) for the next batch of 30 rural infrastructure subprojects had commenced.

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TSSD-AF SSMR 2: January - June 2020

3.2 Subproject social impacts 23. There were requirements identified for additional land and the loss of other assets (trees and fences) within the RoW for 15 subprojects. In the case of the seven priority subprojects all of them had some impacts and there were a total of 201 AHs (ranging from 5 to 72 per subproject), and for the next batch of 16 subprojects, eight of them had impacts and the total number of AHs was 713 (ranging from 3 to 184 per subproject). For all of the 15 subprojects that had impacts the AHs have all signed the Certificates of Land/Asset Transfer Forms (CLTFs) and provided their consent to relinquish these assets that in all cases are within the RoW of the road or canal. Furthermore, in the case of every AH the impact, in terms of the land relinquished was less than the 10 percent of the land area being used by these households and this was in compliance with the TSSD-AF RF.7 The SS DDRs included the details of the calculation of the allowances that each AH is entitled to receive in respect of the land relinquished or other assets lost. These allowances are due to be paid prior to the start of the construction but this was not done yet. This has resulted from the failure to include these additional funds in the cost estimates for each of the subprojects and it is intended that an alternative approach will be used whereby the allowances will be paid from commune development funds but at present the communes do not have the financial resources to meet this additional expense. In addition, some of the AHs will benefit from membership of the LIGs and from the capacity building through trainings that they receive as members of LIGs. Under normal procedures these allowances should be paid prior to the start of the civil works. However, amongst these subprojects there were no vulnerable households identified since those households that were elderly, headed by women or categorized as ID Poor 1 were found to have average per capita expenditures above the official poverty line. 24. For these 23 subprojects there was no requirement for the preparation of an Indigenous People’s Plan (IPP) since the local authorities confirmed that there no IPs residing within these communes and this was confirmed by the local authorities, mainly the village and commune authorities during the public consultations and screening. 25. During the ADB mission March 2019, DSC and PIC SSS conducted field visit for some proposed road and canal subprojects. The Team discussed with the local authorities (village and commune) on the process of public consultation meetings, the identified GRM and its function and the roles of local authority during the construction period. The result from the field visit showed that they are very pleased that there will be an improved road to use and a rehabilitated canal so that they can produce two crops of rice per year (confirmed by local authorities, village and commune chiefs). However, the team also determined that the SS DDRs for the 16 subprojects with on-going construction had not been approved and disclosed and the decision was taken to suspend the civil works.

7 See Annex 2 for example of CLTFs, Annex 3 for the certification of the RoW, Annex 4 for the comparison of existing and proposed base-width of road and Annex 5 for the Inventory of Loss (IOL) table for one subproject. 9

TSSD-AF SSMR 2: January - June 2020

Table 2: List of on-going subprojects (June 2020)

No. of Contract Construction Ref No. Contract No. Province Commune Description AHs award progress

Core RR001KPC30102 TSSD-AF-W001/NCDDS KPC Chhba AmpovConrete road construction subprojectY 100% subprojects IR002PVG140907 TSSD-AF-W002/NCDDS PVG LveaIrrigation canal rehabilitation subprojectY 97% IR003BTB20607 TSSD-AF/020607/IR/2019/01BTBKakoahCana l construction subproject 35 N 0% RR004BMC10702 TSSD-AF/010702/RR/2019/01BMCKok Romiet Laterite road construction subproject 30 N 0% RR005SRP17041 TSSD-AF/170410/RR/2019/01SRPReussei Lo kRehabilitation of laterite road subproject 72 N 0% Priority IR006KPT60708 TSSD-AF/060706/IR/2019/01 KPT PnovCanal rehabilitation subproject 33 N 0% subprojects (7) RR007KPC30110 TSSD-AF/030110/RR/2019/01 KPC Tang KrasangConcrete road upgrading subproject 10 N 0% RR008TKM250507 TSSD-AF/031208/RR/2019/01TKMTrapeang PhlongDBST road subproject 5N 0% IR009PVG140307 TSSD-AF/140305/IR/2019/01 PVG Kansoam AkCanal Rehabilitation 16 N 0% RR010BTB20208 TSSD-AF-BTB-NCB-W/RR021-NCDDS BTBKouk K hmumDBST road subproject -Y 20% RR011BTB20402 TSSD-AF-BTB-NCB-W/RR005-NCDDS BTBKnach RomeasLaterite road rehabiltation subproject -Y 31% IR012BTB21402-3 TSSD-AF-BTB-NCB-W/IR019-NCDDSBTBBasa k & Prek ChickCanal rehabilitation subproject 177 Y 43% RR013BMC10409 TSSD-AF-BMC-NCB-W/RR006-NCDDS BMCBos Sb ovDBST road upgrading subproject 71 Y 34% RR014BMC10505 TSSD-AF-BMC-NCB-W/RR008-NCDDS BMCSamroa ngSBST road construction subproject -Y 69% RR015SRP171006 TSSD-AF-SRP-NCB-W/RR007-NCDDS SRPChhre avAC road improvement subproject -Y 38% RR016SRP171404 TSSD-AF-SRP-NCB-W/RR009-NCDDS SRPSvay SarEarth road rehabilitation subproject 82 Y 10% Next 16 RR017KPT60607 TSSD-AF-KPT-NCB-W/RR003-NCDDS KPT Sandan & Dang KambetLaterite road rehabilitation su bproject 15 Y 60% subprojects RR018KPT60706 TSSD-AF-KPT-NCB-W/RR017-NCDDS KPT Tang Krasang & PnovDBST road upgrading subproject -Y 10% RR019KPT60806 TSSD-AF-KPT-NCB-W/RR010-NCDDS KPT Msar Krang & Kg. Chin Cheung SBST road upgrading subproject 52 Y 36% RR020KPC30105 TSSD-AF-KPC-NCB-W/RR016-NCDDS KPC Batheay & Me PringDBST road upgrading subproject 3Y 12% RR021KPC30307 TSSD-AF-KPC-NCB-W/RR015-NCDDS KPC Sdaeung CheySBST road upgrading subproject -Y 70% RR022TKM250212 TSSD-AF-TKM-NCB-W/RR04-NCDDSTKMToul S noulConcrete road upgrading subproject -Y 10% IR023TKM250502 TSSD-AF-TKM-NCB-W/IR013-NCDDS TKMKakBa k Ay canal rehabilitation subproject 129 Y 8% RR024PVG140305 TSSD-AF-PVG-NCB-W/RR023-NCDDS PVG Kampong TrabaekSBST road improvement subproject 184 Y 22% RR025PVG14120 TSSD-AF-PVG-NCB-W/RR014-NCDDS PVG RumlechSBST road improvement subproject -Y 5%

10

TSSD-AF SSMR 2: January - June 2020

Figure 2: Photos of rural infrastructure subprojects under construction Batheay-Me Pring DBST road subproject (KPC province)

Tang Krasang concrete road subproject (KPC province)

11

TSSD-AF SEMR2: January - June 2020

Table 3: Summary of subproject progress (June 2020)

Loan Key project characteristics Categorization IR and IPP requirements Current status Remarks

Lvea canal rehabilitation subproject (IR002) Rehabilitation of secondary RP and IPP are not required. Core canals with a length of 5.094m SS DDR is under revision based on Revised SS DDR needs to be IP: C Construction is fully subproject on existing secondary canals in the corrective action in response to completed and submitted to ADB for IR: C completed. Lvea commune in PVG the modification of the design. disclosure. province. Kakoh canal rehabilitation subproject (IR003) Construction of secondary canal RP and IPP are not required. Construction has not yet with a length is 2,900meter on IP: C Construction scheduled to be SS DDR has been prepared and started due to the onset of the the existing canal in Kakoh IR: C completed by end November 2020. disclosed. wet season commune in BTB province Kouk Romiet laterite road subproject (RR004) Construction of laterite road RP and IPP are not required. Construction has not yet with a length is 4,100m on the IP: C Construction scheduled to be SS DDR has been prepared and started due to the onset of the existing road in Kouk Romiet IR: C completed by end November 2020. disclosed. wet season commune in BMC province Russei Lok laterite road subproject (RR005) Construction of laterite road RP and IPP are not required. Construction has not yet with a length is 2,970m on the IP: C Construction scheduled to be SS DDR has been prepared and started due to the onset of the existing road in Russei Lok IR: C completed by end November 2020. disclosed. wet season commune in SRP province Pnov canal rehabilitation subproject (IR006) Construction of secondary canal with a length is 1,538 meter on RP and IPP are not required. Construction has not yet Priority IP: C Construction scheduled to be existing canal in Pnov SS DDR has been prepared and started due to the onset of the subprojects IR: C completed by end November 2020. commune in KPT Thom disclosed. wet season province Tang Krasang concrete road subproject (RR007) Construction of concrete road RP and IPP are not required. Construction has not yet with a length is 476m on the IP: C Construction scheduled to be SS DDR has been prepared and started due to the onset of the existing road in Tangkrasang IR: C completed by end November 2020. disclosed. wet season commune in KPC province Trapeang Phlong DBST road subproject (RR008) Construction of DBST road with RP and IPP are not required. Construction has not yet length 790 meter on the existing IP: C Construction scheduled to be SS DDR has been prepared and started due to the onset of the road in Trapeang Phlong IR: C completed by end November 2020. disclosed. wet season commune in TKM province Kansoam Ak SBST road subproject (RR009) Construction of SBST road with a length is 1,627 meter on the RP and IPP are not required. Construction has not yet IP: C Construction scheduled to be existing road in Kansoam Ak SS DDR has been prepared and started due to the onset of the IR: C completed by end November 2020. commune in PVG Veng disclosed. wet season province

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TSSD-AF SEMR2: January - June 2020

Loan Key project characteristics Categorization IR and IPP requirements Current status Remarks

Kuok Khmum DBST road subproject (RR010) RP and IPP are not required. Civil works progress was 20% SSDDR is prepared only after the in mid-March at the time of CW have been already commenced Construction of DBST road with suspension due to the SS because the delay of the social Civil works should recommence in a length is 1,898m on the IP: C DDR has not approved, safeguard specialist due to the first July after approval and disclosure of existing road in Kouk Khmum IR: C cleared, and disclosed by the social safeguards specialist passed the SS DDR. commune in BTB province ADB. The SS DDR clearance away and the second social and disclose was in June safeguards specialist started working 2020. in March 2020. Khnach Romeas laterite road subproject (RR011) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 31% Construction of laterite road CW have been already commenced in mid-March at the time of with a length is 5,000 meter because the delay of the social suspension due to SS DDR Civil works should recommence in along an existing road in IP: C safeguard specialist due to the first has not approved, cleared, July after approval and disclosure of Khnach Romeas commune in IR: C social safeguards specialist passed and disclosed by the ADB. the SS DDR. BTB province away and the second social The SS DDR clearance and safeguards specialist started working disclose was in June 2020. in March 2020. Other subprojects Basak-Prek Chik canal rehabilitation subproject (IR012) 8 RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 43% Rehabilitation of secondary CW have been already commenced in mid-March at the time of canals with a length is 9,000 because the delay of the social suspension due to SS DDR has Civil works should recommence in meter on the existing secondary IP: C safeguard specialist due to the first not approved, cleared, and July after approval and disclosure of canal in Basak_Praek Chik IR: C social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. communes in BTB province. away and the second social DDR clearance and disclose safeguards specialist started was in June 2020. working in March 2020.

Bos Sbov DBST road subproject (RR013)

RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 34% CW have been already commenced in mid-March at the time of Rehabilitation of DBST road with because the delay of the social suspension due to SS DDR has Civil works should recommence in a length is 2,786 meter on the IP: C safeguard specialist due to the first not approved, cleared, and July after approval and disclosure of existing road in Bos Sbov IR: C social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. commune in BMC province. away and the second social DDR clearance and disclose safeguards specialist started was in June 2020. working in March 2020.

8 These 16 subprojects commenced construction prior to the approval and disclosure of the SS DDRs. This was due to the absence of any SSS in either the DSC or the PIC team during the latter part of 2019 when the social safeguard due diligence should have been conducted. 13

TSSD-AF SEMR2: January - June 2020

Loan Key project characteristics Categorization IR and IPP requirements Current status Remarks Samroang SBST road subproject (RR014) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 69% CW have been already commenced in mid-March at the time of Construction of SBST road with because the delay of the social suspension due to SS DDR Civil works should recommence in a length is 2,521 meter on the IP: C safeguard specialist due to the first has not approved, cleared, July after approval and disclosure of existing road in Samroang IR: C social safeguards specialist passed and disclosed by the ADB. the SS DDR. commune in BMC province away and the second social The SS DDR clearance and safeguards specialist started working disclose was in June 2020. in March 2020. Chreav asphalt concrete road subproject (RR015) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 38% Construction of asphalt CW have been already commenced in mid-March at the time of concrete road with a length is because the delay of the social suspension due to SS DDR Civil works should recommence in IP: C 1,000m on the existing road safeguard specialist due to the first has not approved, cleared, July after approval and disclosure of IR: C Sangkat Chreav in SRP social safeguards specialist passed and disclosed by the ADB. the SS DDR. province away and the second social The SS DDR clearance and safeguards specialist started working disclose was in June 2020. in March 2020. Svay Sar laterite road subproject (RR016) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 10% CW have been already commenced in mid-March at the time of Construction of laterite road because the delay of the social suspension due to SS DDR Civil works should recommence in with a length is 8,993 meter on IP: C safeguard specialist due to the first has not approved, cleared and July after approval and disclosure of the existing road in Svay Sar in IR: C social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. SRP province. away and the second social DDR clearance and disclose safeguards specialist started working was in June 2020. in March 2020. Sandan-Dangkambet laterite road subproject (RR017) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 60% Construction of laterite road CW have been already commenced in mid-March at the time of with a length is 7,390m on the because the delay of the social suspension due to SS DDR Civil works should recommence in IP: C existing road in Sandan- safeguard specialist due to the first has not approved, cleared and July after approval and disclosure of IR: C Dangkambet communes social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. In KPT province away and the second social DDR clearance and disclose Other safeguards specialist started working was in June 2020. subprojects in March 2020. Tangkrasang-Pnov DBST road subproject (RR018) RP and IPP are not required. Civil works progress was 10% Construction of DBST road with SSDDR is prepared only after the in mid-March at the time of a length is 4,319 meter on the Civil works should recommence in IP: C CW have been already commenced suspension due to SS DDR existing road in Tang Krasang- July after approval and disclosure of IR: C because the delay of the social has not approved, cleared and Pnov communes the SS DDR. safeguard specialist due to the first disclosed by the ADB. The SS In KPT province social safeguards specialist passed DDR clearance and disclose 14

TSSD-AF SEMR2: January - June 2020

Loan Key project characteristics Categorization IR and IPP requirements Current status Remarks away and the second social was in June 2020. safeguards specialist started working in March 2020. Chi Meas SBST road subproject (RR019) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 36% Construction of SBST road with CW have been already commenced in mid-March at the time of a length is 6,056m on the because the delay of the social suspension due to SS DDR Civil works should recommence in existing road in Msar Krang- IP: C safeguard specialist due to the first has not approved, cleared and July after approval and disclosure of Kampong Chen Cheung IR: C social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. communes in away and the second social DDR clearance and disclose KPT province. safeguards specialist started working was in June 2020. in March 2020. Bateay Me Pring DBST road subproject (RR020) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 12% Construction of DBST road with CW have been already commenced in mid-March at the time of a length is 3,327m on the because the delay of the social suspension due to SS DDR Civil works should recommence in existing road in Batheay-Me IP: C safeguard specialist due to the first has not approved, cleared and July after approval and disclosure of Pring communes of Kampong IR: C social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. Cham province away and the second social DDR clearance and disclose safeguards specialist started working was in June 2020. in March 2020. Sdoeung Chey SBST road subproject (RR021) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 70% CW have been already commenced in mid-March at the time of Construction of SBST road with because the delay of the social suspension due to SS DDR Civil works should recommence in a length is 2,508 meter on the IP: C safeguard specialist due to the first has not approved, cleared and July after approval and disclosure of existing road in Sdoeung Chey IR: C social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. commune inn KPC province away and the second social DDR clearance and disclose safeguards specialist started working was in June 2020. in March 2020. Tuol Snuol concrete road subproject (RR022) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 10% CW have been already commenced in mid-March at the time of Construction of concrete road because the delay of the social suspension due to SS DDR Civil works should recommence in with a length is 1,500 meter on IP: C safeguard specialist due to the first has not approved, cleared and July after approval and disclosure of the existing road in Tuol Snuol IR: C social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. commune in TKM province away and the second social DDR clearance and disclose safeguards specialist started working was in June 2020. in March 2020. Bak Ay canal rehabilitation subproject (IR023)

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TSSD-AF SEMR2: January - June 2020

Loan Key project characteristics Categorization IR and IPP requirements Current status Remarks RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 10% CW have been already commenced in mid-March at the time of Construction of secondary canal because the delay of the social suspension due to SS DDR Civil works should recommence in with a length is 5,500m on the IP: C safeguard specialist due to the first has not approved, cleared and July after approval and disclosure of existing canal in Kak commune IR: C social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. of Tboung Khmum province away and the second social DDR clearance and disclose safeguards specialist started working was in June 2020. in March 2020. Kampong Trabaek SBST road subproject (RR024) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 10% Construction of SBST road with CW have been already commenced in mid-March at the time of a length is 3,479m on the because the delay of the social suspension due to SS DDR Civil works should recommence in IP: C existing road in Kampong safeguard specialist due to the first has not approved, cleared and July after approval and disclosure of IR:C Trabaek commune in PVG social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. province away and the second social DDR clearance and disclose safeguards specialist started working was in June 2020. Other in March 2020. subprojects Rumlech SBST road subproject (RR025) RP and IPP are not required. SSDDR is prepared only after the Civil works progress was 10% CW have been already commenced in mid-March at the time of Construction of SBST road with because the delay of the social suspension due to SS DDR Civil works should recommence in a length is 2,750m on the IP: C safeguard specialist due to the first has not approved, cleared and July after approval and disclosure of existing road in Rumlech IR: C social safeguards specialist passed disclosed by the ADB. The SS the SS DDR. commune in PVG province away and the second social DDR clearance and disclose safeguards specialist started working was in June 2020. in March 2020.

16

TSSD-AF SEMR2: January - June 2020

3.3 Implementation arrangements for safeguards 26. The main objective of the SS DDRs is to ensure that there as a result of the subproject construction there are no adverse negative impacts (i) from involuntary resettlement involving private land or other privately owned assets; and (ii) on IP livelihoods and their culture. Under the TSSD-AF, an implementation arrangement structure has been established that defines the DSC as being responsible for the supervision and implementation of the social safeguard provisions and the ESME for the validation of the social safeguard due diligence before the submission of the SS DDRs to ADB for disclosure. The main responsibilities for these tasks are shared by the DSC SSS and Site Supervision Engineers assisted by the Provincial Project Management Advisers (PPMAs), and with assistance from the PIC SSS. Regular supervisory visits and follow- up activities are made to each site in order to monitor the progress of the subprojects. The following diagram shows the institutional arrangement in terms of Social Safeguards status. Figure 3: Project management organization for social safeguards

ADB PMUs (NCDDs & MAFF)

Social Safeguards team: (DSC, SSS, PIC, ESME)

Site Supervision Engineer and Survey team (SSP6)

Contractors

PPMAs

Table 4: Name and person responsible for safeguards

Position Contact number

I External safeguards monitoring entity (ESME)/SSP9 and NCDDs 1.1 Ms. Sos Vathana SSP9 Team Leader 092 860 411 1.2 Ms. Kann Sotheavy Social Safeguards Specialist 012 844 398 II PIC and NCDDs 2.1 Dr. Bouy Kimsreang Social Safeguards Specialist 017 618 866 III SSP6 and NCDDs 3.1 Mr. Hong Sophea Social Safeguards consultant 012 518 109 IV Engineering and survey teams (SSP6) and NCDDs 4.1 Mr. So Saran Engineering Team Leader 010 381 960 V Project provincial management advisors (PPMAs) 5,1 Mr. Porch Sovann PPMA Battambang 012 941 988 5.2 Ms. Nut Samean PPMA Banteay Meanchey 089 782 887 5.3 Mr. Soknoeun PPMA Kampong Cham 012 692 219 5.4 Mr. Muong Samoeun PPMA Kampong Thom 012 659 543 5.5 Mr. Ngeth Sotheara PPMA Prey Veng 012 931 941 5.6 Mr. Kean Chamnan PPMA Siem Reap 012 933 447 5.7 Mr. Leng Nath PPMA Thboung Khmum 012 501 910 17

TSSD-AF SEMR2: January - June 2020

3.4 Incorporation of safeguard requirements into contract documents 27. All of these subprojects will provide more benefits to the subproject beneficiaries including the provision of more water for their rice farming activities and improved access from the field to village, commune and district centers and national roads. However, there was no requirement to prepare a separate resettlement plan and IPP for any of the subprojects. The SS DDR reports are included as supporting documents to all of the contracts awarded. 4. INVOLUNTARY RESETTLEMENT PERFORMANCE MONITORING 28. As already mentioned, the subprojects had no involuntary resettlement (there were no vulnerable households impacted and allowances are to be provided to all AHs in compliance with the TSSD-AF RF). These subprojects were all located within the official RoW which is public land or communal property. The AHs have been using some small land areas alongside the proposed road and canal for crop production that is within the RoW. In the case of each subproject, the commune have requested and the district office of land management, urbanization and cadastral have accepted and confirmed the RoW which will be strictly followed for all future land registration. However, all of these AHs were willing to relinquish their land for the subproject construction. Also, under the TSSD-AF, the rural infrastructure subprojects did not require RPs since the subproject sites were all located in commune or community land or property. However, in the case of some subprojects some trees and fencing and rice crops had to be removed during the construction, but all these losses are covered by the allowances determined and agreed to for each of the AHs. The SS DDR also included the setting of a cut-off date and the commune authorities committed to ensuring that the villagers did not engage in any new crop production activities within the required additional land prior to the commencement of the civil works. Table 5: Summary of compliance with ADB resettlement requirements

Comment or Compliance status Reasons for Issues for RP Requirements (Full/Partial/Non) Full/Partial/Non Further Action Compliance The land acquisition and screening checklist were completed for the 23 subprojects including the seven priority subprojects from January - June 2020. These subprojects are all improvement of FULLY COMPLIED rehabilitation of existing roads/canals that The screening checklists have been - - are within public land and they are located completed and no involuntary within the official RoW which has been settlement was identified. requested by the commune council and confirmed by the district office of land management, urbanization, construction and cadastral. Although there are no involuntary FULLY COMPLIED resettlement requirements and no Although there is some loss of land resettlement plans are dictated, there is a sed for rice production, as well as need for the removal of some trees, some trees and fencings there is no fencing and rice production lost as a result impact on any vulnerable of the civil works. The TSSD-RF requires households. All of the AHs have the payment of allowances to any agreed to the loss of the land, trees vulnerable households equal to two and fences resulting from the months of their income, but there were no proposed civil works. The social vulnerable households found to be safeguard due diligence process impacted by these subprojects. These included the conduct of two public allowances were calculated based on the - - consultation meetings including a areas of land relinquished or land/trees demarcation of the proposed civil lost and included in the Inventory of Loss works and the preparation of the (IOL) in the SS DDR. In addition, the SS CLTFs identifying the land to be DDRs for all subprojects are verified by the relinquished and the trees/fences ESME to confirm that satisfactory that will be removed. This is consultation processes have been documented in the IOL and verified followed, the certificates of land/asset by the ESME team. The SS DDRs transfer for all AHs are correct and the have been submitted to ADB for allowances are accurately in the IOL and review and after approval for there has been no coercion of the AHs in disclosure on the ASB website. compliance with ADB requirements.

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TSSD-AF SEMR2: January - June 2020

Table 6: Issues for Further Action

Responsibility and Issues Required Action Resolution Timing

Issues from previous reports ESME should conduct ESME are conducting field Process of public consultation field visits to reassess To be identified by ESME verification visits to all meetings and CLTFs need to be and verify the CLTFs, as (2020) in its monitoring subproject sites for verified by ESME before submitting well as the process of report certification of validation of for approval by ADB. public consultation and this information. the GRM. New Issues from current report The preparation of the SS DDRs should precede the conduct of the bidding. The CLTFs, as well as public The CTLFs including the Clarification is needed from consultation meeting and GRM have calculation of the land or DSC team are responsible the GDR on whether there the been completed by the DSC team. other assets lost by for ensuring the social AHs are eligible to receive However, in order to comply with the farmers and the safeguard due diligence these payments and if so then project RF and ADB requirement, consultation meeting process supported by the any additional funds required ESME is required to verify all of the process have been PST and PPMA in each to cover the cost of the information to ensure that there are checked by ESME but province (with immediate allowances for the AHs need in compliance with ADB the allowances have not effect for all future to be included in the BOQ. All requirements and that the AHs will yet been provided to the subprojects). of this information must also get the allowances from the project AHs. be verified and certified by the based on the confirmed IOL. ESME team before clearance and disclosure of the SS DDR. The 1st DSC social safeguards More human resources The conduct of the social specialist passed away in mid-2019 are required to enable safeguard duel diligence The SSSs working in the DSC and the replacement was not the completion of the SS process is the primary and PIC will continue to work mobilized until February 2020. DDRs faster and to responsibility of the DSC diligently and on a full time Despite the failure to prepare and achieve disclosure team with support from the basis to complete all of the disclose the SS DDRs there were before the PST/PPMA (with immediate work together with the contracts awarded for 16 commencement of the effect for all future recruitment of another SSS. subprojects. bidding. subprojects). For the Lvea canal rehabilitation NCDDS need to withhold The remaining civil works subproject (IR002) there are the final payment until must be completed remaining works, mainly grass the contractor has immediately. planting and land leveling, completed the remaining PIC SSS and PVG PIC SSS needs to work with particularly for the dam but the works. PST/PPMA for immediate the PVG PPMA to collect the contractor has stopped working and The SS DDR needs to action. additional information the SS DDR has not yet been be updated based upon including the revised CLTFs updated to reflect the adjustment to the revisions to the for all AHs. the technical design that was made technical design. at the outset of the civil works.

5. INDIGENOUS PEOPLES IMPACT MONITORING 29. The SS DDRs for the 24 subprojects, including the Lvea canal core subproject (IR002), that were under preparation confirmed that there were no IPs residing within the area which was confirmed during the public consultation meetings and documented in the minutes of these meetings and included in the SS DDRs. There is no requirement for Indigenous People’s Plans (IPPs) to be prepared for any of these subprojects. There were no issues identified in the previous SSMR nor in this report relating to IPs.

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TSSD-AF SEMR2: January - June 2020

Table 7: Summary of Compliance with IP Requirements

Comment or Reasons for Compliance status IP Requirements Full/Partial/Non Issues for Further Action (Yes/Partial/Non) Compliance No No No Table 8: Issues for Further Action

Issues Required Action Responsibility and Timing Resolution

No Issues from previous reports

No No No No New Issues from current report No No No No

6. PUBLIC CONSULTATION, INFORMATION DISCLOSURE 30. For each subproject there are two public consultation meetings conducted in the target commune and also including a visit to the site to demarcate the scope of the civil works to ensure that all AHs are fully aware of the extent of the Corridor of Impact. The meetings are attended by the commune authorities, local residents including as far as possible all of the AHs, the provincial project management advisers (PPMAs) and the DSC SSS and field staff. During the public consultation meetings, the detailed design is presented and there is a discussion of the need for additional land areas and an indication of the RoW is provided by the commune authorities, which is subsequently confirmed and officially certified by the district office of land management, construction and cadastral. The public consultation meetings are fully documented in the SS DDR together with minutes, photographs of the meetings and demarcation, and attendance lists signed by all participants. During the reporting period there were 24 public consultation meetings conducted for 10 subprojects with a total of 1,169 participants (including 557 women, 47%).9 Table 9: Summary of public consultation meetings (Jan-June 2020)

First Consultation Meeting Second Consultation Meeting No. Subproject Name Province Remark Male Female Total Date Male Female Total Date RR050 Prey Tralach, Preak Chik & Basac DBST road subprojectBTB 66 80 146 20,21,24/02/2020 78 81 159 09,12,19/03/2020 Inter 3 com RR062 Beong Mealea and Svay Leu laterite road rehabilitation subproject SRP 23 7 30 14/4/2020 19 11 30 29/4/2020 Inter 2 com RR067 Prey Tahou and Trapeang Reussei SBST road subproject KPT 24 36 60 23/3/2020 19 18 37 8/04/2020 Inter 2 com RR068 Damrei Chorn Khla and Sroa Yov laterite road rehabilitation subproject KPT 26 21 47 23/3/2020 16 19 35 8/04/2020 Inter 2 com RR073 Mean Rith, Chheu Teal and Kleng laterite road rehablitatio subproject KPT 24 23 47 24/3/2020 11 28 39 9/04/2020 Inter 3 com RR076 Chamna Kraom and Banteay Stoung SBST road subproject KPT 12 32 44 23/3/2020 11 22 33 8/04/2020 Inter 2 com RR077 Chamnar Leu, Roung Roeung and Preah Damrei DBST road subproject KPT 34 24 58 24/3/2020 19 15 34 9/04/2020 Inter 3 com RR081 Sampong Chey, Sdaeung Chey, Pring Chrum SBST road subproject KPC 43 49 92 3/10/2020 27 6 33 24/3/2020 Inter 3 com RR087 Moha Leaph and Pongro DBST road subproject KPC 51 26 77 3/11/2020 46 22 68 25/3/2020 Inter 2 com RR103 Preah Sdach-Banteay Chakrei DBST road subproject PVG 34 23 57 15/1/2020 29 14 43 19/2/2020 Inter 2 com Total 337 321 658275 236 511

31. Because of the long delay that has occurred between the 2nd public consultation meetings and the contract award for all subprojects, there is now provision for a further consultation meeting to be organized by the DSC team just prior to the commencement of the civil works to confirm that there has been no change to the existing road/canal, the detailed design remains unchanged and the GRM is effective and the GRC is unchanged. 32. For each subproject a Project Information Booklet (PIB) is prepared and copies of this are distributed to the participants at the second public consultation meeting, which includes a detailed description of the Grievance Redress Mechanism (GRM).

9 See Annex 6 for an example of the minutes and the attendance lists for one subproject. 20

TSSD-AF SEMR2: January - June 2020

7. GRIEVANCE REDRESS MECHANISM 7.1 GRM and its procedure 33. A subproject grievance is defined as an actual or perceived project-related problem that gives ground for complaint by any AH. As a general policy, all of the TSSD-AF subprojects work proactively toward preventing grievances through the implementation of subproject and commune liaison activities that anticipate and address potential issues before they become grievances. Nevertheless, during the construction and operation it is possible that unanticipated impacts may occur. In order to address complaints if or when they arise, a project GRM has been developed in accordance with ADB requirements and RGC practices. The GRM is a systematic process for receiving, evaluating and addressing project-related grievances voiced by AHs. Any households affected by the civil works for a subproject are able to submit a grievance if they believe the activity is having a detrimental impact on their household property or their quality of life. The GRM is made public throughout the public consultation process and maintained during the operation and maintenance period. 34. Within the SS DDRs, the GRM is required to be established to empower the project beneficiaries to report their complaints and to seek for redressing. The GRM comprises of four levels: (i) the 1st level of the nd GRM is the local authorities (village and commune authorities) and the contractor; (ii) the 2 level is the district authorities (district focal points); (iii) the 3rd level is the PST; and (iv) the last level is the NCDDS/PMU and finally the ADB. The structure of GRM is in the Figure 5 below. 35. An AH can formally lodge a complaint directly to the contractor, during the pre-construction and construction periods, or the AH can lodge a complaint to the village and commune authorities (Stage 1). Within 15 days, the village and commune authorities are required to organize a public meeting to resolve the complaint. If the AH is not satisfied with the decision reached by the commune office the complaint may be brough to the district office, and the district support team (DST) must resolve the complaint within 15 days (Stage 2). If the complaint is not addressed within this period, the AH can lodge the complaint to the provincial support team (PST) who must resolve the compliant within 30 days (Stage 3). If the complaint could still not be solved within this period, then the AH can lodge the complaint to the NCDDs, and the NCDDS must monitor and take action within a certain period of time through the identified procedure in order to secure a written confirmation of satisfaction from the AH (Stage 4). A GRM logbook is used to record the complaints.10 36. In addition, the membership of the Grievance Redress Committees (GRCs) and the contact telephone numbers of the members is publicized through a signboard at the subproject site and on the commune notice board. A PIB is prepared (in Khmer and English) for distribution to all local stakeholders which is described in detail in the GRM procedure.11 The GRC is responsible for maintaining a record of all grievances that are received and documenting the response and resolution with the AHs of other stakeholders.

10 See Annex 8 for an example of the GRM logbook. 11 See Annex 9 for an example of a PIB. 21

TSSD-AF SEMR2: January - June 2020

Figure 4: Grievance Redress Mechanism (for all subprojects)

Affected Households

Redressed Grievance 1. Village level (within 15 days)

Not redressed 2. District government level (within Redressed

15 days)

Not redressed 3. Provincial government level Redressed (within 30 days)

Not addressed Not

4b. Appeal to ADB accountability 4a. Appeal to judicial level mechanism

37. In the case of every subproject the GRM was established by the DSC team and explained to the commune authorities and local residents during the public consultation meetings, and this was documented in the minutes of the meetings in Annex 5 of the SS DDRs. 38. The PMUs nominated the PPMAs with responsibility for dealing with any complaints which might be raised by any AHs impacted by the subproject construction and to ensure compliance with ADB requirements and the project RF. In order to address the complaints on time, the grievance redress mechanism (GRM) has been formulated which is compliant with the with ADB requirements. 39. However, for the Lvea canal rehabilitation subproject core subproject, which completed construction in February, as well the 16 subprojects with contract awards in January and were under construction until late March, there are no complaints received from the subproject beneficiaries. In addition, the ESME conducted visits to each the subproject site and confirmed that the local authorities (village and commune authorities) clearly understood the GRM and procedures together with its log-books, while the project beneficiaries confirmed that they also knew how to submit their complaints. The GRM and the GRC composition were posted at each commune office and each site of subproject since before the subproject commences.12

12 See Annex 7 for complaints reporting and redress form 22

TSSD-AF SEMR2: January - June 2020

Table 10: Summary of Compliance with GRM requirements

Comment or Reasons for Compliance status GRM Requirements Full/Partial/Non Issues for Further Action (Yes/Partial/Non) Compliance FULLY COMPLIED GRM is fully functioning and the GRCs that have been established include Assigned Project Manager and the NCDDS PM at advisors of PMU/PSTs are in - - national level and the the GRC. PST and DST representatives at provincial and district level. FULLY COMPLIED Meaningful public consultation Public consultations with Minutes of all consultation process and performance for all local authorities and the meetings with full attendance - subprojects have been subproject beneficiaries lists for all subprojects completed. have been conducted at all subproject sites. FULLY COMPLIED GRM and the log-books for GRM and its log-book are GRM and its logbook are Local authorities and AHs seven target provinces are available at the commune available at the commune understood the GRM and available at commune level. level and AHs understood. level to address complaints its log-book.

8. CAPACITY BUILDING 40. Capacity build on social safeguards concepts and the GRM was provided for PSTs, DSC, contractors, local authorities and some selected project beneficiaries by the DSC and PIC SSSs. The trainings were conducted during April and May with one training in each target province and there were 351 participants. The output of the training was that the local authorities and stakeholders understood the concept and how to use logbook while complaint raised and then they understood the process of recording and addressing the complaints.13

13 See Annex 9 for attendance lists and photographs of the capacity building training on safeguard due diligence processes. 23

TSSD-AF SEMR2: January - June 2020

9. COMPLIANCE WITH SAFEGUARDS RELATED PROJECT COVENANTS 41. Based on the TSSD-AF design there are a number of loan covenants relating to social safeguards. The status of compliance for each of these covenants is summarized below.14 Table 11: Compliance with safeguards related project covenants (TSSD-AF)

No. Schedule Description Date Due Progress III. Safeguard covenants The Borrower shall ensure or cause the Project EAs to ensure that all land and all rights-of-way required for the Project, each Sub-project and all Project facilities are made available to the Works contractor in accordance Being complied with. with the schedule agreed under the related Works Due diligence for resettlement contract and that all land acquisition and resettlement is being conducted for all sub- 10 5 activities are implemented in compliance with (a) all 31-Aug-2022 projects to ensure that there is applicable laws and regulations of Borrower relating to no involuntary resettlement land acquisition and involuntary resettlement; (b) and no adverse impact. Involuntary Resettlement Safeguards; (c) the RF; and (d) all measures and requirements set forth in the respective RP, and any corrective or preventative actions set forth in a Safeguards Monitoring Report.

Not complied with. Due diligence for resettlement Without limiting the application of the Involuntary is being conducted for all sub- Resettlement Safeguards, the RF or any RP, the projects to ensure that there is Borrower shall ensure or cause the Project EAs to ensure no involuntary resettlement. that no physical or economic displacement takes place in However, the preparation of connection with the Project or a Sub-project until: (a) the SS DDRs has been done 11 5 31-Aug-2022 compensation and other entitlements have been provided late after the completion of the to affected people in accordance with the RP; and (b) a bidding process, and for 16 comprehensive income and livelihood restoration subprojects there were program has been established in accordance with the contracts awarded prior to the RP. disclosure of the SS DDRs but the civil works was suspended in March 2020.

Being complied with. The Borrower shall ensure or cause the Project EAs to Due diligence for resettlement ensure that no Sub-project with Category A for 12 5 31-Aug-2022 is being conducted for all sub- involuntary resettlement as defined in the SPS is financed projects to ensure that there is under the Project. no involuntary resettlement. The Borrower shall ensure or cause the Project EAs to ensure that the preparation, design, construction, Being complied with. implementation and operation of the project, each sub- There have been no ethnic project and all project facilities comply with (a) all minorities found to be residing applicable laws and regulations of the Borrower relating 13 5 31-Aug-2022 within the subproject to ethnic minorities or indigenous peoples; (b) the communes and there has Indigenous Peoples Safeguards; (c) the IPPF; and (d) all been no necessity to prepare measures and requirements set forth in the respective any IPPs. IPP, and any corrective or preventative actions set forth in a Safeguards Monitoring Report. Being complied with. The Borrower shall ensure or cause the Project EAs to There have been no ethnic ensure that no Sub-project with Category A for 14 5 31-Aug-2022 minorities found to be residing indigenous people or ethnic minorities under the SPS is within the subproject financed under the Project. communes and there has

14 See Annex 10 for the anticipated resettlement impacts under the TSSD-AF RF. 24

TSSD-AF SEMR2: January - June 2020

No. Schedule Description Date Due Progress III. Safeguard covenants been no necessity to prepare any IPPs. The Borrower shall ensure or cause the Project EAs to ensure that all bidding documents and contracts for works contain provisions that require contractors to: (a) comply with the measures relevant to the contractor set forth in the IEE, the EMP, the RP and the IPP, if any (to the Partly complied with. extent they concern impacts on affected people during The NCDDS has established construction), and any corrective or preventative actions procedures for the inclusion of set forth in a Safeguards Monitoring Report; (b) make measures relevant to the RP available a budget for all such environmental and social and IPP (where this is measures; (c) provide the Project EAs with a written 15 5 31-Aug-2022 required) in the contract notice of any unanticipated environmental, resettlement documents. or indigenous peoples risks or impacts that arise during The ESME has been recruited construction, implementation or operation of the Project to monitor the compliance with that were not considered in the IEE, the EMP, the RP or the SS due diligence the IPP (if any); (d) adequately record the condition of requirements. roads, agricultural land and other infrastructure prior to starting to transport materials and construction; and (e) fully reinstate pathways, other local infrastructure, and agricultural land to at least their pre-Project condition upon the completion of construction. The Borrower shall do, or cause the Project EAs to do the following: (a) submit social safeguards monitoring reports to ADB as part of the quarterly and annual progress reports, and environmental safeguards monitoring reports semi-annually in January and July each year and disclose Partly complied with. relevant information from such reports to affected The PIC team are preparing persons promptly upon submission; (b) if any the quarterly progress reports unanticipated environmental and/or social risks and that include an update on the impacts arise during construction, implementation or compliance with the social 16 5 31-Aug-2022 operation of the Project that were not considered in the safeguard due diligence IEE, the EMP, the RP or the IPP (if any), promptly inform processes. ADB of the occurrence of such risks or impacts, with The SSMR1 was delayed by detailed description of the event and proposed corrective the long recruitment process action plan; and (c) report any actual or potential breach for the SSS in the PIC team. of compliance with the measures and requirements set forth in the EMP, the RP or the IPP (if any) promptly after becoming aware of the breach.

The Borrower shall ensure or cause the Project EAs to ensure that a safeguards grievance redress mechanism Being complied with. acceptable to ADB is established in accordance with the The EAs have a project GRM 17 5 31-Aug-2022 provisions of the relevant EARF, EMP, RF, RP (if any), in place relating to all IPPF or IPP (if any), within the timeframes specified in the safeguard concerns. relevant documents, to consider safeguards complaints. The Borrower shall ensure or cause the Project EAs to Being complied with. ensure that no proceeds of the Loan and ADF Grant are All proposed sub-projects are 18 5 used to finance any activity included in the list of 31-Aug-2022 screened to ensure that no prohibited investment activities provided in Appendix 5 of prohibited activity is financed. the SPS.

10. CONCLUSIONS AND RECOMMENDATIONS 42. This report provides a description of the implementation of the social safeguard due diligence process for a total of 24 subprojects (one core subproject that completed construction, seven priority subprojects that

25

TSSD-AF SEMR2: January - June 2020 were under bidding and 16 subprojects that had contracts awarded and commenced construction). The findings can be summarized as follows: - In the case of the core subproject Lvea canal rehabilitation subproject - IR002) the construction work was completed in February 2020 and there were no grievances presented by the local residents during that period nor during the subsequent operation of the irrigation canal. - The SS DDRs for the seven priority subprojects were prepared, and after two reviews by the ADB safeguards team were finalized and disclosed on 22nd June 2020 and the contract awards were signed on the same day but the contractors did not yet mobilize. - The SS DDRs for the next batch of 16 subprojects were prepared and were under process of review by the ADB safeguard specialists. The contracts awards for these subprojects were made in January prior to the submission of the SS DDRs to ADB for review and approval, and as the consequence the civil works were suspended for all of these subprojects in March and remained so for the remainder of this reporting period. - There were 24 public consultation meetings conducted during the reporting period covering 10 subprojects from the next batch of 30 subprojects, and the preparation of the SS DDRs for these subprojects commenced. - Capacity building trainings in each target province for the commune authorities, PST members, district focal points, some contractors and project beneficiaries were delivered by the DSC and PIC SSs. - The ESME team were mobilized in early March and commenced the task of certifying the social safeguard due diligence process and verifying the SS DDRs that had been prepared. 43. The following recommendations are made: - There is a need for more frequent visits to the subproject sites by the DSC team and project management teams and more rigorous application of the social safeguard due diligence process. - The RoW of the road or canal must be determined and certified by the district office of land management, construction and cadastral at the start of the design process to ensure that the design can be adjusted to avoid any impact on privately owned land and the need for additional land within the RoW can be minimized. - The ESME certificate of validity for each subproject must be attached to the SS DDR when submitted to ADB for review including confirmation of the accuracy of all CLTFs and the IOL table. - The DSC team have insufficient human resources to adequately support the social due diligence process. - The ESME also do not have adequate human resources to certify all of the subprojects and provide validation of the SS DDR including checking the accuracy of all of the CLTFs forms for all AHs. A review of the capacity of the team and the duration of the inputs of their team members needs be conducted urgently. - Further capacity building should be provided for the DSC, PSTs and district focal points to ensure that they have a sound understanding of the social safeguard due diligence process that is compliant with the ADB procedures. 44. The next SSMR (No. 3) will be completed on 15 January 2021 to report on the progress of compliance with social safeguards over the period from July to December 2020.

26

TSSD-AF SEMR2: January – June 2020 Annex 1 List of subprojects with the contract awards: January - June 2020

No. Contract No. Contract description Contractor Name

The construction of 1,900m DBST road TSSD-AF-BTB-NCB-W/RR021- 1 subproject at Kouk Khmum commune of Hong Chhay Heng Co/. Ltd NCDDS Battambang province The construction of 5,000m laterite road TSSD-AF-BTB-NCB-W/RR005- 2 subproject at Khnach Romeas commune of Hong Chhay Heng Co/. Ltd NCDDS Battambang province

The construction of 2,900m canal subproject 3 TSSD-AF/ 020607/IR/2019/01 LCWH Construction Co., ltd at Kakoh commune of Battambang province

The construction of 9,000m canal subproject TSSD-AF-BTB-NCB-W/IR019- 4 at Basak-Praek Chik communes of TSK Construction Co, Ltd NCDDS Battambang province The construction of 2,790m DBST road TSSD-AF-BMC-NCB-W/RR006- General Building Construction 5 subproject at Bos Sbov commune of Banteay NCDDS Co.,Ltd Meanchey province The construction of 2,510m SBST road TSSD-AF-BMC-NCB-W/RR008- General Building Construction Co. 6 subproject at Samroang commune of Banteay NCDDS Ltd Meanchey province The construction of 4,100m laterite road General Building Construction 7 TSSD-AF/ 010702/RR/2019/01 subproject at Kouk Romiet commune of Co.,Ltd Banteay Meanchey province The construction of 2,970m laterite road 8 TSSD-AF/ 170410/RR/2019/01 subproject at Russei Lok commune of Siem Huor Chhouy Construction Reap province The construction of 1,000m asphalt concrete TSSD-AF-SRP-NCB-W/RR009- 9 road subproject at Sangkat Chreav of Siem TSK Construction Co, Ltd NCDDS Reap province The construction of 8,993m earth road TSSD-AF-SRP-NCB-W/RR009- 10 subproject at Svay Sar commune of Siem TSK Construction Co, Ltd NCDDS Reap province The construction of 7,390m laterite road TSSD-AF-KPT-NCB-W/RR003- subproject at Sandan-Dang Kambet 11 THD Construction Co. Ltd NCDDS communes of Kampong Thom province (one causeway) The construction of 4,400 m DBST road TSSD-AF-KPT-NCB-W/RR017- 12 subproject at Tang Krasang-Pnov communes THD Construction Co, Ltd NCDDS of Kampong Thom province

The construction of 1,538m canal subproject Reaksmey Keo Meas Construciton 13 TSSD-AF/ 060706/IR/2019/01 at Pnov commune of Kampong Thom province Co., Ltd The construction of 6,056m SBST road TSSD-AF-KPT-NCB-W/RR010- subproject at Msar Krang-Kampong Chen 14 THD Construction Co, Ltd NCDDS Cheung communes of Kampong Thom province The construction of 3,327m DBST road TSSD-AF-KPC-NCB-W/RR016- Tang Cheng Oing Construction & 15 subproject at Banteay-Me Pring communes of NCDDS Import Export Co., Ltd Kampong Thom province

The construction of 476m concrete road 16 TSSD-AF/ 030110/RR/2019/01 subproject at Tang Krasang commune of PRS Construction & Service Group Kampong Cham province The construction of 2,510m DBST road TSSD-AF-KPC-NCB-W/RR017- Tang Cheng Oing Construction & 17 subproject at Sdoeung Chey commune of NCDDS Import Export Co., Ltd Kampong Cham province The construction of 1,500m concrete road TSSD-AF-TKM-NCB-W/RR004- 18 subproject at Tuol Snuol commune of Tboung Ung Sim Sia construction Co., Ltd NCDDS Khmum province

27

TSSD-AF SEMR2: January – June 2020 Annex 1

No. Contract No. Contract description Contractor Name

TSSD-AF-TKM-NCB-W/IR013- The construction of 5,500m canal subproject Tang Cheng Oing Construction & 19 NCDDS at Kak commune of Tboung Khmum province Import Export Co., Ltd The construction of 790m DBST road Pech Raingsey Construction and 20 TSSD-AF/ 030110/RR/2019/01 subproject at Trapeang Phlong commune of Service Group Co., Ltd Tboung Khmum province The construction of 1,630m canal subproject 21 TSSD-AF/ 140305/IR/2019/01 at Kansoam Ak commune of Prey Veng Kim Santek Pheap Co., Ltd province The construction of 3,500m SBST road TSSD-AF-PVG-NCB-W/RR023- Tang Cheng Oing Construction & 22 subproject at Kampong Trabaek commune of NCDDS Import Export Co., Ltd Prey Veng province The construction of 2,750m SBST road TSSD-AF-PVG-NCB-W/RR014- 23 subproject at Rumlech commune of Prey Veng Peng Sour Construction Co., Ltd NCDDS province

28

TSSD-AF SEMR2: January - June 2020 Annex 4

Example of Certificate of Land/Asset Transfer form (CLTF) (Batheay-Me Pring DBST road subproject)

29

TSSD-AF SEMR2: January - June 2020 Annex 4

Certification of the Right of Way (Tang Krasang concrete road and Batheay me pring DBST road subprojects)

Kingdom of Cambodia

Nation-Religion-King Batheay District Administration Batheay District Office for Land Management, Urbanization, Construction and Cadastral No. 416/20 LMUCC/BTH 02 June 2020 CERTIFICATE Referring to: - the letter no.224 of NCDDS dated 21st May 2020; - the agreed initial from the provincial governor on the above letter dated 22nd May 2020.

As above mentioned, I wish to certify that the Kampong Cham TSSD-AF has funded the two road subprojects located in the Batheay district for its financial year 2019 namely: (1) the concrete road upgrading subproject with a length of 476 and its top-width is 05 meters located in the village of Sdok Thom, Tang Krasang commune, Batheay district of Kampong Cham province and the subproject location and its surrounding areas have systematically been registered since 2007 with the road RoW is 10 meters with a length of 476 meters from the national road to the provincial concrete road project located in Tum Nop commune (see the land registration map) and (2) the second road is the DBST road, which consists of 3,327 meters and a width of 5 meters, located in the Batheay village, Batheay commune (its length is 850 meters) and Mepring commune (its length is 2,477 meters),and the land area within the subproject location are systematically registered since 2006 and its Right of Way (RoW) had been identified 8 meters from the Batheay pagoda gate to the pipal trees for 850 meters within Batheay village of Batheay commune and 12 meters with a length of 2,477 meters from the pipal tree to the gasoline station within Mepring commune. I wish to confirm that the above figure is correct in line with the systematic land registration. See the map

attached.

District Office for Land Management, Urbanization, Construction and Cadastral Signed and Sealed Head-Office (Chheang Kim Ang)

30

TSSD-AF SEMR2: January - June 2020 Annex 4

31

TSSD-AF SEMR2: January - June 2020 Annex 4

32

TSSD-AF SEMR2: January - June 2020 Annex 4

Comparison of existing and proposed base width of road (Batheay Me Pring DBST road subproject)

Other land for Base-width of road Additional land required for road widening Width of official temporary use during (m) Commune PK Number ROW Length (m) Total Outside ROW construction (m) Width Area Width Area Width Area Existing Proposed (m) (m2) (m) (m2) (m) (m2) 0+000~0+450400.07.06.9 0.00.00.00.02.0800.0 0+450~0+600150.08.07.8 0.00.00.00.02.0300.0 Batheay 8.0 0+600~0+951200.08.07.9 0.00.00.00.02.0400.0 0+951~1+500100.012.07.8 0.00.00.00.02.0200.0 1+500~2+0001150.09.010.5 0.00.00.00.02.02,300.0 Me Pring 2+000~2+750750.09.06.9 12.0 0.00.00.00.02.01,500.0 2+750~3+327577.010.08.2 0.00.00.00.02.01,154.0 Total length (m) 3,327.0 Additional land area required for canal widening (m2) 0.0 Total land requirement Additional land area required for canal widening outside of ROW (m2) 0.0 Other land area for temporary use during construction (m2) 6,654.0 Source: IOL data updated by Design and Supervision Consultants team during site screening

33

TSSD-AF SEMR2: January - June 2020 Annex 5

Inventory of Loss (Batheay Me Pring DBST road subproject)

Inventory of Loss (IOL) for AHs

No. of household Total Productive Land Payment to AHs (KHR) Monthly income (KHR) Affected Assets Identified Occupation member (m2) Allowances Name of FHH ID Poor Affected No. Sex Age Disability (Y/N) Affected land use within RoW Compensation AHHs (Y/N) (Y/N) Land land (%) Land along Other land (m2) No. of Length of for land outside For vulnerable Crop Total Working Total Per person outside Trees Fences Total Primary Other road area trees fence (m) of RoW households production Residence Agriculture RoW (m2)

Vulnerable households None ------Other AHs

1 Phat Thy M 45 N N N 6 2 1,628,000 271,333 0 0000 3 0 0% - 120,000 - 120,000 Farmer Worker

2 Vorn Phin M 25 N N N 5 1 2,416,000 483,200 0 0000 2 0 0% - 80,000 - 80,000 Farmer Worker

3 Em Monn M 59 N N N 2 2 708,000 354,000 0 0000 1 0 0% - 40,000 - 40,000 Farmer Duck raising

Total 0 0 0 6 0 - 240,000 - 240,000

Notes: 1 Valuation of lost crop prodution calculated on assumption of paddy yield of 3 tons/hectare and selling price of KHR 825 per kg. 2 Valuation of trees lost is stated in the agreement to land donation forms. 3 Valuation of fencing lost is based upon KHR 10,000 per meter of fence line.

34

TSSD-AF SEMR2: January - June 2020 Annex 6

Minutes for public consultation meeting (Batheay-Me Pring DBST road subproject)

Consultation Meetings (Local authorities) 2. (Local authorities and project beneficiaries) Date: 29th July 2019 Date: 16th August 2019 No of participants: 79 No of participants: 38 No of women: 13 No. of women: 12 Meeting chairman: Mr. Khuth Khim, Commune chief Meeting chairman: Mr. Khuth Khim, Commune chief Facilitator: Mr. Sok Noeun, PPMA Facilitator: Mr. Sok Noeun, PPMA Minute Taker: Mr Hong Sophea, SSP6 Minute Taker: Mr Hong Sophea, SSP6

Content of meetings Understanding and accepting the RR subproject: • The local authorities and project beneficiaries understood clearly the proposed technical design of the proposed rural road rehabilitation (3,327 m length, 6m top-width, 6.9 to 10.5m base-width and its height varies from 0.5 to 0.59 from the ground level which will use for local transportation. However, they all agreed that the subproject will provide benefits to farmers such as going from home to school, going from rice farming to home and via versa and bringing rice production from field to home or to the market. • All participants agreed to rehabilitate the rural road in the proposed technical design and the area which will be used for taking soil or laterite to construct road as identified. The access road from the area where soil or laterite will be taken to construct rural road was identified and agreed by local authorities and project beneficiaries and the areas belong to public land. Impact on individual land: • The local authority and project beneficiaries verified and confirmed that the proposed location for the subproject site is appropriate because it is located in the existing rural road (7.0 to 12.0m bottom width and then designed 6.9. to 10.5 m bottom width include both shoulder, and 0.50 to 0.59m height from ground level. The rural road expansion does not need land acquisition from both sides of the road. All beneficiaries who are living along the existing road officially declared they wish to have a good road to be used for local transportation. • The proposed road is connection from National Road 6 to commune road that’s busy traffic from many difference commune passengers. Field validation: • The local authorities together with the project beneficiaries and SSP6 visited the subproject site for the DBST road and they observed that it is located within the existing rural ROW and it has no negative impact on environment and homesteads. However, the proposed rural road rehabilitation is about 6 meters top-width including its shoulder. The private land acquisition is not required (see in drawing) both and no affected people, while some trees are required for used land. They all agreed to build rural road in the proposed site. Some wastes and grasses need to be cleared before construction. • In addition, there was a discussion of the project cut-off date which represents the period from the conduct of the 2nd consultation meeting (16th August 2019) and the time at which the contractors commenced construction. During this time the villagers consented to only engage in the harvesting of existing crops or cutting trees and they will not commence any new production activities within the COI including the areas of voluntary land donation Specific internal regulations for the RR • Based on the discussion during the meeting, the local authorities and project beneficiaries agreed that there should be a regulation that the local authorities follow. The regulation should also indicate the amount of money or contribution from local authorities, mainly commune authorities for maintenance and repairing the rural road and its structure for a long-term use. • At the end of the consultation meeting (the same day), the local authorities and project beneficiaries agreed with the identified subproject and they wished to have and use the proposed subproject as soon as possible.

Subproject management proposed by beneficiaries • The local authorities should be formed with a clear management committee towards road’s operation and management based on the guideline of MRD. • Capacity building should be provided by the project team in collaboration with MRD officers to enable the management committee to facility daily operation and management.

35

TSSD-AF SEMR2: January - June 2020 Annex 8

Participant list (Batheay-Me Pring DBST road subproject) List of participants 1st Public Consultation Meeting - 29th July 2019

36

TSSD-AF SEMR2: January - June 2020 Annex 8

Participant list (Batheay-Me Pring DBST road subproject) List of participants 1st Public Consultation Meeting - 29th July 2019

37

TSSD-AF SEMR2: January - June 2020 Annex 8

Participant list (Batheay-Me Pring DBST road subproject) List of participants 2nd Public Consultation Meeting - 16th August 2019

38

TSSD-AF SEMR2: January - June 2020 Annex 8

Complaints reporting and redressing form and the proposed GRM (Batheay-Me Pring DBST road subproject)

39

TSSD-AF

SEMR2: January - June 2020 Annex 8

ស ៀវសៅកត់ត្រា ឬច ប⟒ជី家កយប㯒តឹងតវ➶ (Complaints log-book)

គសត្រោង៖______

ទីា�ង៖______

ស ៀវសៅច ប⟒ជី家កយប㯒តឹងតវ➶ ( ត្រោប់诒នកកត់ត្រា家កយប㯒តឹង)

( ) សងេប诒តា 讶 ័យដ្ឋាន ត្របសេទ ក ខ គ សេខប㯒តឹង និងត្របសេទ䏒ន家កយ ទីា�ងខែេ ន័យ 䏒ងៃខខᯒន� ស្ម ហតាសេ޶ តវ➶ ប㯒តឹង(ខននក ងគម ឬ ប 家េ់ សេខទូរ ័寒ទ បរ ិស្ថាន) ប㯒តឹងតវ➶

ក. 叒រភេទភ ⮾រអភកេត រញ្ជាក់ និក ំណូមពរ ខ.រតឹក䞶ក់ទកនឹករញ្ជា ζរអន វតត埒ទុយនឹកភ ចកតី䏒លែកភោលនភោ厶យ វតថិ徶ព ២០០៩ ឬភោលនភោ厶យទំ侶ក់ ទំនក羶䮶រណះ ២០១១។ ភោលនភោ厶យទំ侶ក់ទំនក羶䮶រណៈ 掶នរំណករភកេ⮾នទំន កចិតតដល់徶គី家កព័នធ និកលទធ徶ព侶侶䏒ដល家ក់ព័នធនឹកធ侶ោរអេិវ㏒ឍន៍讶 ី ᾶពិភ 埒លរ ះ家ល់ននគភ叒掶កអេិវ㏒ឍន៍ររ ់ធ侶ោរ អេិវ㏒ឍន៍讶 ី។ភោលនភោ厶យភនះ 掶នរំណកភល⮾កកមព ់ត掶ែ徶ព គភណភនយយ徶ព និកζរអេិវ㏒ឍន៍㾶ម䏒ររ ចូលរួម។ គ. រញ្ជាព ករលួយ ឬភកករនែំ

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TSSD-AF SEMR2: January - June 2020 Annex 8

ទត្រមង់寒ិធីស្ថរត្រោប់កិចចត្របជ �ត្រក ុមζរᎶរសដ្ឋត្រស្ថយប㯒តឹងតវ➶ (meeting to address complaints)

កិចចត្របជ �រប ់គ㯒ៈកោមធិζរសដ្ឋត្រស្ថយប㯒តឹងតវ➶ ៖ គសត្រោង៖ 䏒ងៃ ខខ ᯒន�៖: ទីកខនែង៖ 诒នកចូេរួម៖

រសបៀបវរៈ៖

សងេប តី寒ីកិចច寒ិ徶កា៖: េ.រ រសបៀបវរៈឬត្រប䮶នបទ䏒នកិចច 诒នកដ្ឋក់家កយប㯒តឹង ោតិζ ឬមតិ ζរស នើ �ែ�ស  សោបេ់ 寒ិ徶កា (诒 ័យដ្ឋាន និងសេខ ត្រស្ថយ ទូរ ័寒ទ)

១ ២

៣

៤

៥

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TSSD-AF SEMR2: January - June 2020 Annex 9

Attendance List for provincial Safeguard Training: 26/27 May 2020 Battambang province (56 participants)

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TSSD-AF SEMR2: January - June 2020 Annex 9

Attendance List for provincial Safeguard Training: 27/28 May 2020 Banteay Meanchey province (53 participants)

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TSSD-AF SEMR2: January - June 2020 Annex 9

Attendance List for provincial Safeguard Training: 28/29 May 2020 Siem Reap province (42 participants)

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TSSD-AF SEMR2: January - June 2020 Annex 9

Attendance List for provincial Safeguard Training: 28/29 May 2020 (cont.,) Siem Reap province

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TSSD-AF SEMR2: January - June 2020 Annex 9

Attendance List for provincial Safeguard Training: 28/29 May 2020 (cont.,) Siem Reap province

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TSSD-AF SEMR2: January - June 2020 Annex 9

Attendance List for provincial Safeguard Training: 28/29 May 2020 (cont.,) Siem Reap province

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TSSD-AF SEMR2: January - June 2020 Annex 9

Attendance List for provincial Safeguard Training: 1/2 June 2020 Kampong Thom province (46 participants)

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TSSD-AF SEMR2: January - June 2020 Annex 9

Attendance List for provincial Safeguard Training: 2/3 June 2020 Kampong Cham province 50 (participants)

Attendance List for provincial Safeguard Training: 3/4 June 2020

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TSSD-AF SEMR2: January - June 2020 Annex 9

Tbuong Khmum province 37 (participants)

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TSSD-AF SEMR2: January - June 2020 Annex 9

Attendance List for provincial Safeguard Training: 4/5 June 2020 Prey Veng province 47 (participants)

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TSSD-AF SEMR2: January - June 2020 Annex 10

TSSD-AF Resettlement Framework - Anticipated Resettlement Impacts

Component Anticipated Land Acquisition and Resettlement Impacts A. Factor productivities development - Limited resettlement impacts - ‘Small scale irrigation rehabilitation’ will upgrade the existing tertiary canal (e.g., land development, rehabilitation of and secondary canals to connect the Rice SDP’s irrigation schemes (main small scale irrigation schemes, farmer canals) within the reserved areas for canal rehabilitation. Minimal land managed small scale water works, client used for crop production within the reserved area may be acquired by the oriented farm based research, supply of subproject. If the conditions for voluntary donation are met, the subproject quality inputs, demand driven extension can be implemented through voluntary donation. services) - 'Land development' will be done in existing land without altering current land use.

- 'Farmer managed small scale water works' will likely be within existing ROW and not likely to require minor acquisition of land or assets (crops, trees and structures). If the conditions for voluntary relinquishment are met, the subproject can be implemented through voluntary relinquishment. - 'Supply of quality input's, 'Farm based research' and 'extension services' will be implemented using existing facilities and/or provided on farm. B. Market links strengthening - Limited resettlement impacts - 'Farm to market roads' will upgrade existing road by surfacing, minimal (e.g., rehabilitation of the existing expansion of the road’s width (incorporating DRR design), raising commune roads incorporating DRR embankment, resurfacing and spot repairs that may involve minimal land design, building of roads along dikes, acquisition, temporary occupation of land during construction. Trees and commune level rural markets including crops within existing ROW may require compensation and if the conditions market infrastructure, village storage (rice for voluntary donation are met, the subproject can be implemented banks), bio-secure agriculture, through voluntary donation. development of rural ICT) - 'Commune level market' will require upgrading of existing facilities without additional land acquisition that may involve the temporary occupation of

land during construction. If new facilities are to be upgraded, it will use unoccupied public land. - Village storage will be arranged using unoccupied public lands or if the conditions for voluntary donation are met, it can be implemented through voluntary donation. C. Livelihood opportunities - Involuntary resettlement impacts are NOT foreseen (e.g., community and family fishponds - The component will not involve construction of new physical facilities. and rice field fishery, livestock and - Various technical training will be implemented using existing facilities, e.g. poultry production, farm based cottage commune council halls and/or village hall. Agricultural extension services industries, and small enterprises) will be provided on farms. - Agricultural extension services will be provided on farms.

D. Improvement of access to rural finance - Involuntary resettlement impacts are NOT foreseen (e.g., credit lines and strengthen capacity - The component will not involve construction of new physical facilities. of financial institutions, increase the - Various technical training will be implemented using existing facilities, e.g. credit outreach, build capacity of commune council halls and/or village hall. borrowers) E. Promotion of social development - Involuntary resettlement impacts are NOT foreseen (e.g., skill development, vocational - The component will not involve construction of new physical facilities. education, training and skill development - Various technical training will be implemented using existing facilities, e.g. on health and nutrition, sanitation, and commune council halls and/or village hall. Some financial services will be implementation of gender action plan) provided on farm and/or individual houses.

F. Policy and institutional reform and capacity development - No involuntary resettlement impacts foreseen

- The component will not involve construction of new physical facilities.

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