Due Diligence Report PRC: Guangxi Regional Cooperation And
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Due Diligence Report Project Number: 50050-004 July 2017 PRC: Guangxi Regional Cooperation and Integration Promotion Investment Program – Tranche 2 Prepared by the Guangxi Zhuang Autonomous Region Government for the Asian Development Bank. This due diligence 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. Your attention is directed to the “terms of use” section on ADB’s 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. PRC-ASEAN SME Synergy Innovative Development Project (New Campus Expansion Project of Guilin University of Aerospace Technology) Resettlement Due Diligence Report Guilin University of Aerospace Technology June, 2017 Table of Contents 1. INTRODUCTION ................................................................................................................ 1 1.1 PROJECT BACKGROUND ..................................................................................................... 1 1.2 LAND ACQUISITION AND RESETTLEMENT IMPACTS ................................................................ 1 1.3 THE OBJECTIVES AND METHODS OF DATA COLLECTION FOR RESETTLEMENT DUE DILIGENCE REVIEW ................................................................................................................................... 1 2. IMPACTS OF LAND ACQUISITION AND HOUSE DEMOLITION ....................................... 3 2.1 THE SCOPE AND SCALE OF LAND ACQUISITION .................................................................... 3 2.2 THE IMPACT ASSESSMENT OF LAND ACQUISITION ON RURAL COLLECTIVES ..................... 5 2.3 THE IMPACTS OF DEMOLITION ............................................................................................. 5 3. OVERVIEW OF THE COMPENSATION AND RESETTLEMENT IMPLEMENTATION ....... 6 3.1 THE IMPLEMENTING AGENCY .............................................................................................. 6 3.2 THE IMPLEMENTATION PROCESS ......................................................................................... 6 3.3 THE COMPENSATION STANDARDS FOR THE COLLECTIVE LAND ACQUISITION ......................... 7 3.4 RESTORATION AND RESETTLEMENT MEASURES ................................................................... 8 4. INFORMATION DISCLOSURE AND GRIEVANCE ADDRESS ......................................... 12 4.1 INFORMATION DISCLOSURE ............................................................................................... 12 4.2 GRIEVANCE REDRESS ...................................................................................................... 13 5. PENDING ISSUES AND FOLLOW-UP ACTION PLAN ................................................... 14 5.1 PENDING ISSUES ON LAND ACQUISITION AND RESETTLEMENT ............................................ 14 5.2 FOLLOW-UP ACTION PLAN ................................................................................................ 14 6. CONCLUSION AND RECOMMENDATIONS ..................................................................... 16 6.1 CONCLUSION ................................................................................................................... 16 6.2 RECOMMENDATIONS ......................................................................................................... 16 APPENDICES: ......................................................................................................................... 17 1. INTRODUCTION 1.1 Project Background 1. The China-ASEAN SME Synergy Innovative Development Project (the New Campus Expansion Project of Guilin University of Aerospace Technology) is a subproject of Guangxi Regional Cooperation and Integration Promotion Investment Program (Tranche 2). Land acquisition and resettlement (LAR) of the new campus has been completed. The acquisition of a few houses is near completion. When the land for the subproject was acquired, it was done not anticipating a loan from ADB for the Project. This Resettlement Due Diligence Review (RDDR) was conducted by Guilin University of Aerospace Technology (GUAT) with the assistance of a resettlement specialist. 1.2 Land Acquisition and Resettlement Impacts 2. 22.2493 hectares 1 of collective farm land, 6.9558 hectares of collective construction land, and 10.9 hectares of unused land were acquired from Lengshuitand group, Longhantang group, Shanjiaodi group and Yuan Li group in Xin Jian Village, Chao Yang Township, Qi Xing District, Guilin Municipality. The total land area acquired was 40.0963 hectares601.4mu. The land acquisition for the subproject will affect 232 households with 930 persons. 3. Five households with 28 persons will lose their houses to the subproject. The total structured area of the affected houses is about 661 m2. House demolition is still undergoing and is close to completion. To date, one of the 5 HHs has been relocated, and the remaining 4 will be relocated before the end of June, 2017. 1.3 The Objectives and Methods of Data Collection for Resettlement Due Diligence Review 4. The objectives for DDR are to：(a) review the LAR process; (b) evaluate compliance of LAR with the PCR’s land administration law and other related laws, regulations, and compensation regulations of in Guilin and Guangxi; (c) review LAR fund management and resettlement effectiveness; (d) assess the status of livelihood rehabilitation; (e) satisfaction level among the APs, and (f) find out if there are any pending issues and to suggest remedial actions, if any. 1.4 Data Collection Methods 5. During DDR, the following data collection methods were adapted: 1 One hectare equals to 15 Chinese mu. 1 1.4.1 Desk review of Literature, Review, and Verification of Documents related to LAR. 6. Planning proposals and site selection plans, land pre-examination, social security program for landless farmers, approval of construction land use, land survey results, compensation and resettlement plan of demolished houses, payment records of land compensation and other documents related to LAR were reviewed. 7. Documents on public participation and information disclosure notices on land acquisition, notices on compensation and resettlement scheme, public meeting minutes, booklet of LAR policies were also examined. 1.4.2 Field work 8. Meetings with Officials and the APs. DDR team held several FGDs at the district and township levels. The team discussed with the staff of the Land Resource Bureau and the Human Resources and Social Security Bureau of Qi Xing District, Guilin, the cadres of Xinjian Village and the APs the compensation payment and resettlement implementation status. In the meantime, the DDR team also reviewed to the related LAR documents and verified them during the field visits. 9. Key Informant Interviews. The DDR team interviewed key informants such as the staff from the Land Resource Bureau and the Human Resources and Social Security Bureau of Qi Xing District, Guilin, and the responsible persons in charge of LAR affairs, representatives of the affected women and vulnerable people in Xinjian Village, Chaoyang Township. 2 2. IMPACTS OF LAND ACQUISITION AND HOUSE DEMOLITION 2.1 The Scope and Scale of Land Acquisition 10. GUAT has acquired 40.0963 hectares land from Lengshuitang group, Longhantang group, Shanjiaodi group and Yuanli group in Xinjian Village, Chaoyang Township, Qixing District, Guilin -- 4.12 hectares dry land, 6.3753 hectares orchard land, 6.127 hectares of other garden land, 2.1676 hectares forest land, 0.3326 hectares of other forest land, 0.623 hectares rural road, 2.488 hectares pools, 0.0158 hectares of fields, 4.9352 hectares mineral land, 2.0206 hectares rural housing land and 10.8912 hectares grass land (table 2-1) The designed location map of the new campus of GUAT is given as Figure 1. Figure 1: The Designed Location Map of the New Campus at GUAT 3 Table 2-1: The Acquired Land Types of the Project by Impact Groups Unused Collective Construction land Collective Collective Farm Land (Hectare) (Hectare) land Total No.of No. of Impact group (Hectare) % (Hectare) Houses people Other Other Dry Orchard Forest Rural Sub Mineral Rural House Sub Grass Sub Garden Forest Pool Field Land Land Land Road total Land Construction total Land total land Land Lengshuitang 2.0619 0.155 0.2801 2.5 2.0109 2.01 0 4.5079 11.24 21 83 Xinjian Longhantang 1.809 0.48 0.3212 0.3326 0.1505 0.8567 3.95 2.9243 1.6433 4.57 4.4324 4.43 12.95 32.30 85 342 Village Shanjiaodi 3.2267 0.6709 0.2542 0.168 0.0158 4.34 0.213 0.21 2.8443 2.84 7.3929 18.44 48 198 Yuanli 0.8933 1.8335 5.647 1.5922 0.1495 1.3512 11.5 0.1643 0.16 3.6145 3.61 15.2455 38.02 78 307 Total 4.12 6.3753 6.127 2.1676 0.3326 0.623 2.488 0.0158 22.2 4.9352 2.0206 6.96 10.8912 10.9 40.0963 100.0 232 930 Source: Chaoyang Township Government in March 2017. 4 2.2 The Impact Assessment of Land Acquisition on Rural Collectives 11. There were 232 households with 930 persons who were affected by land acquisition for the subproject. Livelihoods of some AHs were affected by the acquisition of dry land, orchard land, garden land, and fish ponds. The impact was severe in case of the acquisition of dry land and other farm land. 12. Per capita land of village groups before and after acquisition is shown in Table 2-2.