RP: Cambodia: Provincial Roads Improvement Project (314D, Cross-Border Facility, NR13)
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Resettlement Plan November 2011 CAM: Provincial Roads Improvement Project (314D, Cross-Border Facility, NR13) Prepared by Ministry of Public Works and Transportfor the Asian Development Bank. ABBREVIATIONS ADB – Asian Development Bank BST – bituminous surface treatment DMS – detailed measurement survey EMO – External Monitoring Organization FGD – focus group discussion IOL – inventory of losses IRC – Inter-ministerial Resettlement Committee M&E – monitoring and evaluation MEF – Ministry of Economy and Finance MPWT – Ministry of Public Works and Transport MRD – Ministry of Rural Development NR – National Road PDPWT – Provincial Department of Public Works and Transport PIB – public information brochure PMU – project management unit RCS – replacement cost study ROW – right of way RSCWG – resettlement sub-committee working group SES – socioeconomic survey SEU – social and environmental unit TA – Technical Assistance NOTE In this report, “$” refers to US dollars unless otherwise stated. DEFINITION OF TERMS Cut-off date – This refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorised as affectedpeople. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the inventory of losses (IOL); or (ii) they have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS). Affected – In the context of involuntary resettlement, affectedpeople are those who are Household/ physically displaced (relocation, loss of residential land, or loss of shelter) AffectedPeople and/or economically affected (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of (i) involuntary expropriation of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. In the case of affected household, it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. Detailed – This activity involves the finalization and/or validation of the results of the IOL, Measurement severity of impacts, and list of affected people earlier done during resettlement Survey plan preparation. The final cost of resettlement can be determined following completion of the DMS. Entitlement – Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the affected people, depending on the type and severity of their losses, to restore their economic and social base. Income – This is the re-establishment of sources of income and livelihood of the affected restoration households. Inventory of – This is the process where all fixed assets (i.e. lands used for residence, Losses commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of affected people will be determined. Land acquisition – Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. Relocation – This is the physical relocation of a displaced people from her/his pre-project place of residence and/or business. Replacement Means the amount in cash or in kind needed to replace an asset in its existing Cost condition, without deduction of transaction costs or for any material salvaged, at prevailing market value, or its nearest equivalent, at the time of compensation payment. The replacement rates of affected assets as determined during the conduct of the replacement cost study (RCS) will be updated to reflect prevailing market values at the time of payment of compensation. Replacement – This refers to the process involved in determining replacement costs of affected Cost Study assets based on empirical data. Resettlement - This is a time-bound action plan with budget, setting out the resettlement Plan objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation. Severely – This refers to affected households who will (i) lose 10% or more of their total affected productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more households of their total income sources due to the Project. Vulnerable – These are distinct groups of people who might suffer disproportionately or face groups the risk of being further marginalized by the effects of resettlement and specifically include: (i) households headed by women with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support, and (v) landless households,. TABLE OF CONTENTS Page I. EXECUTIVE SUMMARY ................................................................................................ 1 A. Introduction ........................................................................................................ 1 B. Scope of Land Acquisition and Resettlement...................................................... 1 C. Measures to Minimize Impacts and Resettlement .............................................. 2 D. Legal and Policy Framework .............................................................................. 2 E. Participation, Disclosure and Grievance Redress ............................................... 2 F. Vulnerability, and gender issues .......................................................................... 3 G. Implementation Arrangements ........................................................................... 3 H. Monitoring .......................................................................................................... 3 I. Resettlement Budget and Indicative Schedule of Resettlement Plan Implementation 3 II. PROJECT DESCRIPTION .................................................................................................. 4 A. Project Background ............................................................................................ 4 B. Description of 314D, CBF, and NR13 ................................................................. 4 C. Civil Works to be undertaken .............................................................................. 6 D. Measures being adopted to Minimize Adverse Social Impacts ........................... 6 III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ................................................. 8 A. Methodology Used In Determining Project Impacts ............................................ 8 B. Data Gathering Instrument ................................................................................. 8 C. The survey team ................................................................................................ 9 D. Setting of the cut-off date for eligibility ................................................................ 9 E. Replacement Cost Study (RCS) ......................................................................... 9 F. Affected fixed assets ........................................................................................... 9 IV. SOCIO-ECONOMIC INFORMATION AND PROFILE ...................................................... 25 A. Introduction ...................................................................................................... 25 B. Location and Type of Affected Assets of Sample AHs ....................................... 25 C. Demographic information on the Sample AHs .................................................. 27 D. Economic situation: income and expenses of the sample AHs ......................... 31 E. Amenities of the sample AHs ............................................................................ 35 V. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ....................... 41 A. Participatory activities in RP Planning and Implementation ............................... 41 B. Public consultations during RP preparation ...................................................... 42 C. Disclosure of the Resettlement Plan ................................................................ 44 D. Consultation and Information Disclosure during RP Implementation ................ 44 VI. GRIEVANCE REDRESS MECHANISM ........................................................................... 45 VII. LEGAL AND POLICY FRAMEWORK ............................................................................. 46 A. Relevant Laws .................................................................................................. 46 B. ADB Policies .................................................................................................... 49 C. Coping with the Resettlement Policies of Funding