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Yunnan Highway Asset Management Project SFG3157 Public Disclosure Authorized Yunnan Highway Asset Management Project Resettlement Action Plan Public Disclosure Authorized Public Disclosure Authorized Yunnan PMO Mar 2017 Public Disclosure Authorized RAP of the Yunnan Highway Asset Management Project Executive Summary 1. The purpose of the preparation of the report In September 2014, after the official assessment of the World Bank, there have been some new situations, leading to increase land expropriation in the process of the project construction. The main reasons for the increase of land acquisition are: (1) in August 2014, Ludian, Yunnan earthquake occurred. In recent years, extreme climate has increased the frequency of natural disasters such as landslides, debris flows and so on. In order to improve the emergency response capacity, it is urgent to strengthen and improve the infrastructure construction. With the actual situation of the region, the construction of the maintenance center and the management center is increased. (2) The adjustment of planning. According to the plan for the "shisanwu (2016-2020)", Yunnan Province National will consists of seven increased to 24, dart will by 69 increased to 100, the mileage will increase over 18000 km. This means that the scope of the coverage of the station also increased accordingly. In order to meet the needs of the work, it is urgent to expand the scope of construction. (3) Living conditions and production conditions of the workers. According to the plan,the worker will be increased accordingly. In order to improve the living conditions and production conditions of the workers, the construction of office and residential areas is increased. The above reasons are the main reasons for the land expropriation after the World Bank assessment. In order to protect the rights and interests of the land acquisition and land acquisition, the project office of the World Bank decided to prepare the resettlement plan and social due diligence report. 2. LA 1) Rural collective land acquisition. 167.194 mu of rural collective land will be acquired for the Project, including 3.67 mu of irrigated land, 114.72 mu of non-irrigated land, 28.552 mu of woodland and 20.252 mu of unused land. Rural collective land acquisition for the Project will affect 170 households in 729 persons in 9 villages/community (Dongyuan Villages in Fumin County, Liwan Village in Dayao County, Yanchi mountain Village in Ludian County, Shandao Village in Luxi County, Baijin and Shuangjiang Communities in Eshan County, Manlong Village in Xinping County, Xiaobaipo Village in Jiangchuan County, and Ma’anshan Community in Huaning County) in 8 counties (Fumin, Daoyao, Ludian, Pingbian, Luxi, Eshan, Xinping, Jiangchuan and Huaning) in 5 cities/prefectures (Kunming, Chuxiong, Zhaotong, Honghe and Yuxi). It should be noted that the land acquired for the Sanjia HAS and the Huaning branch MMEC belongs to village collectives, and their affected population is relatively large. 2) State-owned land occupation .39.026 mu of state-owned land will be occupied. 3) Other .The Project does not involve rural house demolition, temporary land occupation and the demolition of non-residential properties. 4）No temporary land occupation was involved at the time of this report. Temporary land occupation might be involved during the construction of segments covered by Pilot of Cost-Effective Maintenance Technologies. 3. Policy framework and entitlements This RAP is based on the Land Administration Law of the PRC (2004), the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] I RAP of the Yunnan Highway Asset Management Project No.28), and the applicable provincial policies. According to the above policies, and in consultation with local governments and APs, the resettlement principles of the Project are: 1) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. 2) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. 3) Improve or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based, (ii) where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (iii) prompt replacement of assets with access to assets of equal or higher value, (iv) prompt compensation at full replacement cost for assets that cannot be restored, and (v) additional revenues and services through benefit sharing schemes where possible. 4) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. 5) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. 6) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. 7) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets. 8) Prepare a resettlement action plan (RAP) elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. 9) Disclose a draft RAP, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final RAP and its updates to affected persons and other stakeholders. II RAP of the Yunnan Highway Asset Management Project 10) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. 11) Pay compensation and provide other resettlement entitlements before physical or economic relocation. Implement the resettlement plan under close supervision throughout project implementation. 12) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. 4. Compensation and resettlement LA compensation includes land compensation, resettlement subsidy and young crop compensation. The LA compensation policies of the Project include the Notice of the Yunnan Provincial Land and Resources Bureau on Amending LA Compensation Rates of 15 Prefectures (Cities) of Yunnan Province (YPLRB [2014] No.27) and Reply of the Huaning County Government on LA Compensation and Resettlement Program for the Huaning Highway Branch MMEC (HCG [2015] No.46), etc. Among the 170 households affected by LA, 63 have land loss rates of below 10%; 89 have land loss rates of 10-20%; 6 have land loss rates of 20-30%; 6 have land loss rates of 30-40%; 2 have land loss rates of 40-50%, 3 have land loss rates of 50-60%, 0 have land loss rates of 60-70% and one has a land loss rate of 70% or more. In general, most AHs have land loss rates of below 20% and are affected slightly by LA. The APs may choose from the 4 resettlement modes of cash compensation, agricultural development, employment and endowment insurance. After LA, the APs will also
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