Resettlement Policy Framework of Xining Urban Transit Project
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RP1456 Public Disclosure Authorized The World Bank Funded Qinghai Xining Urban Transit Project Resettlement Action Plan Public Disclosure Authorized Public Disclosure Authorized Project Construction Management Office for the World Bank Funded Qinghai Xining Urban Transit Project March 2013 Public Disclosure Authorized 1 Commitment Letter The World Bank Funded Qinghai Xining Urban Transit Project will involve land acquisition, demolition and resettlement. Thus, in order to protect the basic rights and interests of the displaced persons and restore or raise the production or living standard of the displaced persons after relocation, the Resettlement Action Plan is prepared as the basis for the implementation of land acquisition, demolition and resettlement of this project in accordance with the involuntary resettlement policy (OP4.12) of World Bank and the pertinent laws and regulations of the central and local governments. Xining municipal government has reviewed the Resettlement Action Plan and consented that the project is to be implemented in accordance with the requirements of this Plan to guarantee the distribution of resettlement funds at full amount in time and the proper relocation of the affected population with fair compensation. We therefore enjoin the Project Construction Management Office for the World Bank Funded Qinghai Xining Urban Transit Project to take charge of the implementation and management of land acquisition, demolition and resettlement of this project by coordinating related departments. Xining Municipal Government (Official Seal) Mayor (or deputy mayor-in-charge)： (signature) (date) 2 Foreword I. Purpose of preparing this resettlement action plan 1 The resettlement action plan (RAP) is prepared in accordance with the applicable laws of the People’s Republic of China and local regulations and a series of provisions in the Bank Operational Policy OP4.12 on Involuntary Resettlement for the purpose of “developing an action plan for resettlement and restoration for the people affected by the project, so that they benefit from the project, their standard of living is improved or at least restored after the completion of the project”. II. Definitions of terms Displaced persons 2 Based on the criteria for eligibility for compensation, “Displaced Persons” may be classified in one of the following three groups: a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the Resettlement Plan; and c) those who have no recognizable legal right or claim to the land they are occupying. 3 Persons covered under paragraphs 2(a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under paragraph 2(c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objective set out in this policy, if they occupy the project areas prior to a cut-off datei established by the borrower and acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in paragraph 2(a), (b), or (c) are provided compensation for loss of assets other than land. Compensation and resettlement measures 4 To address the following impacts of the involuntary taking of land: (i) displacement or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the APs must move to another location, a Resettlement Plan or a resettlement Policy Framework shall be prepared to cover the following: (a) The Resettlement Plan or resettlement Policy Framework includes measures to ensure that the displaced persons are: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement costii, for losses of assets attributable directly to the project. (b) If the impacts include physical displacement, the Resettlement Plan or resettlement Policy Framework includes measures to ensure that the displaced persons are: (i) provided assistance (such as moving allowances) during displacement; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for i Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project areas was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. ii "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. 3 which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. (c) Where necessary to achieve the objective of the policy, the Resettlement Plan or resettlement Policy Framework also includes measures to ensure that displaced persons are: (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; (ii) provided with development assistance in addition to compensation measures described in paragraph 4(a)(iii), such as land preparation, credit facilities, training, or job opportunities. 5 Cut-off date: means the date of publication of the announcement of land acquisition and property demolition in this project. After this date, the displaced persons shall not build, rebuild or expand their properties; shall not change the uses of their properties and land; shall not lease their land, lease, sell or purchase their properties; and any person that moves in after this date shall not qualify as a displaced person. 4 1. Project Introduction and the Results of the Already Conducted Public Consultation 1.1 Project background Xining is going through a fast process of urbanization and motorization, as urban construction land increased from 63.8km2 in 2003 to 72.9km2 in 2009 and the car parc increased ten fold from 1991 to 2011. In such context, the growth in roads can’t catch up with the increase in quantity of motor vehicles in this city, the contradiction between the two being increasingly apparent. During 2000 to 2009, the annual rate of growth in total length of roads within its jurisdiction was only 3.4%, but the annual rate of increase in car parc (excluding motorcycle) reached 14.8%. The supply of road facilities is far from enough to meet the demands arising from the increase of motor vehicles and therefore the traffic jam is getting worse in Xining, which is reflected on: the disordered traffic and frequent occurrence of accidents; the lower running speed of buses, which has seriously affected the transporting capacity and efficiency; the sharp contradiction between supply and demand of parking space has largely blocked the traffic smoothness. In order to improve the urban infrastructure of Xining city to meet the demands of urban traffic development, Xining city applied for loans from the World Bank to use them in the construction of urban infrastructure project. This project includes the construct of urban roads, public transit and intelligent transportation system as well as capacity building so as to improve Xining’s urban traffic conditions. The overall goal is to supply rapid, comfortable and safe services to citizens to facilitate the traffic between the center of the city and its western areas by implementing the green transport demonstration corridor project characterized by human orientation and buses priority. 1.2 Project composition Xining urban transit project mainly includes four subprojects: 1) urban roads; 2) public transit; 3) intelligent traffic management; and 4) organization setting and capacity building. See table 1-1 for the introduction to project contents. The 5 subproject of urban roads mainly contains three urban roads to be newly constructed: Xicheng Avenue, westward extension of Western Wusi Road and the Fifth Road, with land acquisition and demolition involved. In the subproject of public transit, Yanxiaocun (Yanxiao Village) public transit transfer junction involves land acquisition, but the land acquisition had been completed before the pre-appraisal of the World Bank funded project, so it won’t be considered in this Resettlement Action Plan. 6 Table 0-1 Introduction to Project Contents Project Subproject Contents of Construction Impacts 1) Xicheng Avenue (from south ring expressway overpass toll station to Qaidam Road), about 3.70km long from south to north, serving as urban trunk road, width of boundary lines: 50m, two-way six lanes; newly construct water supply & drainage system, rains and sewage pipe network, general pipe trench, as well as the supporting facilities, including lighting, traffic management