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Study on Resettlement Policy Framework

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Study on Resettlement Policy Framework MINISTRY OF WATER RESOURCES ANDMINISTRY METEOROLOGY, OF WATER RESOURCES THE ANDKINGDOM METEOROLOGY, OF CAMBODIA THEMINISTRY KINGDOM OF OF WATER WATER OF CAMBODIA RESOURCES RESOURCES AND METEOROLOGY, THE KINGDOMKINGDOM OF OF CAMBODIA CAMBODIA PREPARATORY SURVEY PREPARATORYFOR SURVEY IRRIGATION AND DRAINAGEFOR SYSTEM PREPARATORY SURVEY REHABILITATIONIRRIGATIONPREPARATORY AND AND IMPROVEMENT DRAINAGE SURVEY SYSTEMPROJECT FOR REHABILITATION ANDIN FOR IMPROVEMENT PROJECT IRRIGATION AND DRAINAGE SYSTEM THEIRRIGATION KINGDOM AND OF IN DRAINAGECAMBODIA SYSTEM REHABILITATIONREHABILITATIONTHE KINGDOM ANDAND IMPROVEMENTIMPROVEMENT OF CAMBODIA PROJECT PROJECT IN THETHE KINGDOMKINGDOM OF CAMBODIACAMBODIA FINAL REPORT FINAL REPORT FINALSTUDY REPORT VOLUME - II VOLUMEON - II RESETTLEMENTANNEXES (1/3) POLICY ANNEXESVOLUME (1/3)- II FRAMEWORK ANNEXES (1/3) SEPTEMBER 2012 SEPTEMBER 2012 SEPTEMBER 2012 JAPAN INTERNATIONALSEPTEMBER COOPERATION 2012 AGENCY (JICA) JAPAN INTERNATIONAL COOPERATION AGENCY (JICA) NIPPON KOEI CO., LTD. JAPAN INTERNATIONAL COOPERATION AGENCY (JICA) JAPAN INTERNATIONALNIPPON KOEICOOPERATION CO., LTD. AGENCY (JICA) NIPPON KOEI CO., LTD. NIPPON KOEI CO., LTD. RD JR 12 - 081 MINISTRY OF WATER RESOURCES ANDMINISTRY METEOROLOGY, OF WATER RESOURCES THE ANDKINGDOM METEOROLOGY, OF CAMBODIA THEMINISTRY KINGDOM OF OF WATER WATER OF CAMBODIA RESOURCES RESOURCES AND METEOROLOGY, THE KINGDOMKINGDOM OF OF CAMBODIA CAMBODIA PREPARATORY SURVEY PREPARATORYFOR SURVEY IRRIGATION AND DRAINAGEFOR SYSTEM PREPARATORY SURVEY REHABILITATIONIRRIGATIONPREPARATORY AND AND IMPROVEMENT DRAINAGE SURVEY SYSTEMPROJECT FOR REHABILITATION ANDIN FOR IMPROVEMENT PROJECT IRRIGATION AND DRAINAGE SYSTEM THEIRRIGATION KINGDOM AND OF IN DRAINAGECAMBODIA SYSTEM REHABILITATIONREHABILITATIONTHE KINGDOM ANDAND IMPROVEMENTIMPROVEMENT OF CAMBODIA PROJECT PROJECT IN THETHE KINGDOMKINGDOM OF CAMBODIACAMBODIA FINAL REPORT FINAL REPORT FINALSTUDY REPORT VOLUME - II VOLUMEON - II RESETTLEMENTANNEXES (1/3) POLICY ANNEXESVOLUME (1/3)- II FRAMEWORK ANNEXES (1/3) SEPTEMBER 2012 SEPTEMBER 2012 SEPTEMBER 2012 JAPAN INTERNATIONALSEPTEMBER COOPERATION 2012 AGENCY (JICA) JAPAN INTERNATIONAL COOPERATION AGENCY (JICA) NIPPON KOEI CO., LTD. JAPAN INTERNATIONAL COOPERATION AGENCY (JICA) JAPAN INTERNATIONALNIPPON KOEICOOPERATION CO., LTD. AGENCY (JICA) NIPPON KOEI CO., LTD. NIPPON KOEI CO., LTD. PREPARATORY SURVEY FOR IRRIGATION AND DRAINAGE SYSTEM REHABILITATION AND IMPROVEMENT PROJECT IN THE KINGDOM OF CAMBODIA STUDUY ON RESETTLEMENT POLICY FRAMEWORK Table of Contents Location Map Abbreviations Measurement Units Page CHAPTER 1 INTRODUCTION····························································································1-1 1.1 Background and Objectives ··································································································1-1 1.2 Scope of the Resettlement Policy Framework ······································································1-2 CHAPTER 2 PROJECT DESCRIPTION ············································································2-1 2.1 Roleang Chrey Headworks Rehabilitation Sub-project ························································2-1 2.2 Upper Slakou Irrigation System Rehabilitation Sub-project ················································2-2 2.3 Kandal Stung-Bati Irrigation System Rehabilitation Sub-project·········································2-3 2.4 Main Canal 35 Rehabilitation Sub-project············································································2-4 2.5 Daun Pue Irrigation System Rehabilitation Sub-project·······················································2-5 CHAPTER 3 LEGAL AND POLICY FRAMEWORK ·······················································3-1 3.1 Cambodian Government's Legal Framework ·······································································3-1 3.2 JICA’s Policy for Involuntary Resettlement and Land Acquisition ······································3-1 3.3 Discrepancies between JICA Guidelines and Cambodian Law and Regulations ··················································································3-2 CHAPTER 4 SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS····················4-1 4.1 Roleang Chrey Headworks Rehabilitation Sub-project ························································4-1 4.2 Upper Slakou Irrigation System Rehabilitation Sub-project ············································· 4-11 4.3 Kandal Stung-Bati Irrigation System Rehabilitation Sub-project·······································4-19 4.4 Main Canal 35 Rehabilitation Sub-project··········································································4-28 4.5 Daun Pue Irrigation System Rehabilitation Sub-project·····················································4-35 - i – Page CHAPTER 5 COMPENSATION POLICY AND ENTITLEMENT MATRIX ·················5-1 5.1 Compensation Policy ············································································································5-1 5.2 Entitlement Matrix················································································································5-2 CHAPTER 6 INCOME AND LIVELIHOOD RESTORATION PROGRAM ··················6-1 CHAPTER 7 GRIEVANCE REDRESS ················································································7-1 7.1 Principal of Grievance Redress System················································································7-1 7.2 Function and Process of Grievance Redress System ····························································7-1 CHAPTER 8 IMPLEMENTATION STRUCTURE ····························································8-1 8.1 Implementation Schedule······································································································8-1 8.2 Institutional arrangement ······································································································8-3 8.3 Monitoring ····························································································································8-5 CHAPTER 9 PRELIMINARY COST ESTIMATION AND FUNDING ···························9-1 9.1 Preliminary Cost Estimation ·································································································9-1 9.2 Funding Procedures ··············································································································9-1 CHAPTER 10 PROCEDURE OF PUBLIC INVOLVEMENT···········································10-1 10.1 General Concept of Public Involvement·············································································10-1 10.2 Procedure of Public Involvement························································································10-1 CHAPTER 11 NECESSARY ACTIONS TO BE TAKEN BY MOWRAM·······························································································11-1 - ii - List of Tables Page Table 1.2.1 Situation of Sub-projects Related to Land Acquisition and Resettlement············1-2 Table 2.1.1 Main Features of Rehabilitation of Roleang Chrey Headworks···························2-1 Table 2.2.1 List of Irrigation and Drainage Facilities to be Rehabilitated under USISRSP····································································································2-2 Table 2.3.1 List of Irrigation and Drainage Facilities to be Rehabilitated under KSBISRSP··································································································2-3 Table 2.4.1 List of Irrigation and Drainage Facilities to be Rehabilitated under MC35RSP···································································································2-5 Table 2.5.1 List of Irrigation and Drainage Facilities to be Rehabilitated under DPISRSP····································································································2-6 Table 3.1.1 Main law and regulations related to land acquisition and resettlement in Cambodia··········································································································3-1 Table 3.3.1 Discrepancy between JICA Guidelines for Environmental and Social Considerations and Cambodian law and regulations·································3-2 Table 4.1.1 Survey Zones and Villages within Target Area·····················································4-1 Table 4.1.2 Population in sub-project area by communes in 2012··········································4-2 Table 4.1.3 Population in each affected villages in South Main Canal ···································4-2 Table 4.1.4 Population in each affected villages in North Main Canal ··································4-2 Table 4.1.5 Land Use in each Commune in Sub-project area ················································4-3 Table 4.1.6 Average Land Price of RCHRSP Area ·································································4-5 Table 4.1.7 Socio-Economic Survey Sample Distributions ····················································4-6 Table 4.1.8 Male-Female Balance of Respondents ·································································4-8 Table 4.1.9 Balance of Male and Female of Total 40 Families ···············································4-8 Table 4.1.10 Total Family Member and Working Person··························································4-8 Table 4.1.11 Main Occupation of Household Heads·································································4-8 Table 4.1.12 Education Levels of Sampled Household Member ··············································4-9
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