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42203-025: Northern Rural Infrastructure Development Sector Resettlement Plan February 2019 Lao People’s Democratic Republic: Northern Rural Infrastructure Development Sector Project – Additional Financing Prepared by the Ministry of Agriculture and Forestry for the Asian Development Bank. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. 2 Annex-9 Land Acquisition and Compensation Report Northern Rural Infrastructure Development Sector Project – Additional Financing Annex 9 Feasibility Study on Houay Bong PRI Subproject TABLE OF CONTENTS EXECUTIVE SUMMARY 1 A. Project and PRI Subprojects 1 B. Land Acquisition and Mitigation Requirements 1 C. Affected Assets of Households 2 D. Consultation, Participation and Grievance Mechanisms 2 E. Planning, Implementing and Monitoring 3 F. Conclusions 4 G. Reporting Notes 4 1. PROJECT DESCRIPTION 5 1.1 Northern Rural Infrastructure Development Sector Project – Additional Financing 5 1.2 Houay Bong Productive Rural Infrastructure Subproject 5 2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 9 3. SOCIO-ECONOMIC INFORMATION AND PROFILE 10 3.1 Socio-Economic Baseline 10 3.2 Social Impacts 11 3.3 Socio-Economic Survey of Affected Households 12 3.4 Ethnic Groups of Affected Households 12 3.5 Severely Affected Persons 12 4. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 13 4.1 Requirements 13 4.2 Achievements 13 5. COMPLAINTS AND GRIEVANCE REDRESS MECHANISMS 15 5.1 Requirements 15 5.2 Grievance Approach 15 6. LEGAL FRAMEWORK 17 6.1 Lao Requirements 17 6.2 ADB Regulations 17 6.3 Agreed Key Principles 17 7. ENTITLEMENT, ASSISTANCE AND BENEFITS 20 7.1 Entitled Affected Persons 20 7.2 Loss of Assets and Resources 20 7.2.1 Loss of Land 21 7.2.2 Loss of Houses and Other Structures 22 7.2.3 Loss of Crops and Trees 22 7.2.4 Loss of Common Property Resources 22 8. RELOCATION OF HOUSING AND RESETTLEMENT 22 9. INCOME RESTORATION AND REHABILITATION 22 9.1 Allowances 22 9.2 Special Assistance 22 10. RESETTLEMENT BUDGET AND FINANCING PLAN 23 10.1 Planned Land Acquisition and Compensation Cost Estimate 23 10.2 Compensation or Contribution 23 11. INSTITUTIONAL ARRANGEMENT 26 12. IMPLEMENTATION SCHEDULE 27 13. MONITORING AND REPORTING 28 13.1 Internal M&E 28 13.2 External M&E 28 A9 - i Northern Rural Infrastructure Development Sector Project – Additional Financing Annex 9 Feasibility Study on Houay Bong PRI Subproject LIST OF TABLES Table A9-1: PRI Subproject’s Summary of Affected Assets, Households and Impacts ................. 9 Table A9-2: PRI Subproject’s Feedback from Village Consultation Meetings on LARC .............. 14 Table A9-3: NRI-AF Main Steps of Grievance Mechanisms ....................................................... 16 Table A9-4: NRI-AF Key LARC Objectives ................................................................................. 18 Table A9-5: NRI-AF Main Components of Compensation Approaches ....................................... 19 Table A9-6: NRI-AF Categories of Entitled Affected People ....................................................... 20 Table A9-7: Subproject’s Entitlement Matrix ............................................................................... 21 Table A9-8: Subproject’s Land Acquisition and Compensation Budget ....................................... 25 Table A9-9: Phase II PRI Subprojects Performed and Scheduled LAC Activities........................ 27 LIST OF FIGURES Figure A9-1: Locations of PRI Subprojects .............................................................................. 7 Figure A9-2: Layout Map of Houay Bong PRI Subproject ....................................................... 8 ATTACHMENT Attachment A9-1 LARC Fact Finding and Screening Attachment A9-2 LARC Consultation and Coordination A9 - ii Northern Rural Infrastructure Development Sector Project – Additional Financing Annex 9 Feasibility Study on Houay Bong PRI Subproject WEIGHTS AND MEASURES ha - hectare kg - kilogram km - kilometer l - liter m - meter m2 or sqm - square meter m3 - cubic meter CURRENCY EQUIVALENTS (as of 13 August 2018 – kick-off meeting for tendering related additional work) Currency unit - LAK is the Lao currency kip $1.00 = LAK8,501 SELECTED ACRONYMS ADB Asian Development Bank AH Affected Household AP Affected Person CEF Compensation and Entitlement Form DAFO District Agriculture and Forestry Office DCO District Coordination Office DD Detailed Design DDR Due Diligence Report DMF Design and Monitoring Framework DLMA District Land Management Authority DMS Detailed Measurement Survey DOI Department of Irrigation DoNRE District Office of Natural Resources and Environment DOP Department of Planning of the Ministry of Agriculture and Forestry DPWT Provincial Department of Public Works and Transport DRC District Resettlement Committee EA Executing Agency EMO External Monitoring Organization FHH Female Headed Household FPG Farmers Production Group FS Feasibility Study GIC Grant Implementation Consultants GOL Government of Lao PDR HH Households IA Implementing Agency IOL Inventory of Loss Lao PDR Lao People's Democratic Republic LAC Land Acquisition and Compensation LACDDR Land Acquisition and Compensation Due Diligence Report LACR Land Acquisition and Compensation Report A9 - iii Northern Rural Infrastructure Development Sector Project – Additional Financing Annex 9 Feasibility Study on Houay Bong PRI Subproject SELECTED ACRONYMS LARC Land Acquisition, Resettlement and Compensation LFNC Lao Front for National Construction LMA Land Management Authority MAF Ministry of Agriculture and Forestry M&E Monitoring and Evaluation MoNRE Ministry of Natural Resources and Environment MPWT Ministry of Public Works and Transport NLMA National Land Management Authority NPMO National Project Management Office NRIDSP Northern Rural Infrastructure Development Sector Project NRI Northern Rural Infrastructure NRI-AF Northern Rural Infrastructure Additional Financing (the “Project”) NSC National Steering Committee OPWT Office of Public Works and Transport O&M Operation and Maintenance PAFO Provincial Agriculture and Forestry Office PAM Project Administration Manual PBME Project Benefit Monitoring and Evaluation PIU Project Implementation Unit PPME Project Performance Monitoring and Evaluation PPO Provincial Project Office PPSC Provincial Project Steering Committee PPTA Project Preparatory Technical Assistance PRI Productive Rural Infrastructure RCS Replacement Cost Survey RF Resettlement Framework ROW Right of Way RP Resettlement Plan SEBS Socio-Economic Baseline Survey SES Socio-Economic Survey SESAH Socio-Economic Survey of Affected Households SIR Subproject Investment Report TA Technical Assistance TOR Terms of Reference VLD Voluntary Land Donation VRC Village Resettlement Committee WUA Water Users Association WUG Water Users Group A9 - iv Northern Rural Infrastructure Development Sector Project – Additional Financing Annex 9 Feasibility Study on Houay Bong PRI Subproject DEFINITIONS OF LAND ACQUISITION, RESETTLEMENT AND COMPENSATION RELATED TERMS Affected An affected person indicates any juridical person being as it may an individual, Person (AP) a household, a firm or a private or public institution who, on account of the execution of the Program and its subprojects or parts thereof would have their: (i) Right, title or interest in any house, land (including residential, agricultural and grazing land), water resources or any other fixed or moveable asset acquired, possessed, restricted or otherwise adversely affected in full or in part, permanently or temporarily; and/or (ii) Business, occupation, place of work or residence or habitat adversely affected, with or without physical displacement; or, (iii) Standard of living adversely affected. Cut-off date This refers to the date that establishes the eligibility of affected persons. To be consistent with previous projects under the Ministry of Agriculture and Forestry, the cut-off date for this project coincides with the completion of the census of affected persons after the Provincial Coordination Unit officially informs the public about the Project and its locations. Anyone who occupies or encroaches into the defined boundaries of the Project area after the cut-off date will not be compensated for affected assets and incomes. Compensation Payment made in cash or in kind to APs at replacement cost for assets, resources and/or sources of livelihood and income acquired or adversely affected by the project. Indigenous A distinct, vulnerable, social and cultural group possessing the following Peoples characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. For the Lao context,
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