Supplementary Appendix H.3

NORTHWEST IRRIGATION SECTOR PROJECT PONLEY SUBPROJECT RESETTLEMENT PLAN

List of Contents

Page 1. The Project 2 2. The Project Area and Population 3 2.1 Land Use 3 2.2 Socioeconomic Profile 4 2.2.1 Overview 4 2.2.2 Population 4 2.3 Age & Sex of APs: 5 2.4 Poverty and Vulnerability 6 2.5 Literacy 7 2.6 Health and Drinking Water 9 2.7 Agriculture and Livestock 9 2.8 Community-Based Organisations 12 3. Subproject Impact 13 4. Mitigating the Impact of the Project 13 4.1 Minimising Impact and Compensation for Losses 13 4.2 Other Mitigating Actions 14 5. Policy, Principles and Entitlements 14 5.1 Policy 14 5.2 Principles 15 5.3 Emtitlements 16 6. Participation, Information and Consultation and Grievance Redress 16 6.1 AP Participation 16 6.2 Informing APs 16 6.3 The Grievance Process 20 7. Management and Organisation 22 8. Resettlement Budget 23 8.1 Resettlement Costs and Administrative Budget 23 8.2. Estimated Cost of Resettlement Plan Implementation. 24 9. Implementation Schedule. 27 10. Monitoring and Evaluation 27

i Supplementary Appendix H.3

List of Tables Number Title Page No. 2.1 District Populations and Proportion of Poor households in Villages 5 2.2 Demographics of Subproject areas 5 2.3 Age & Sex Profile of APs in Impact Area 5 2.4 Size of household of APs 6 2.5 AP households migrated to present location, number of years 6 2.6 Wealth Grouping Criteria 6 2.7 Proportion of Poor Households 7 2.8 Vulnerability of household of AP households 7 2.9 Literacy of household head and spouse of AP households 8 2.10 School attendance of children of primary school age of AP households 8 2.11 Reason for non-attendance school 8 2.12 School attendance of children of lower secondary school age of AP households 8 2.13 Reason for non-attendance at school 8 2.14 Preferred Sources of Health Care 9 3.1 Project Impact 12 8.1 Incremental Administrative Costs for RAP Implementation 22 8.2 Estimate of Compensation Costs 24

List of Figures Number Title Follows Page No. 1.1 Location of Ponley Subproject 2 7.1 Project Management Organisation 23

List of Boxes Number Title Page No. 2.1 Focal Group Perspectives 10 5.1 Entitlement Matrix of Proposed Compensation and Resettlement: NWISP Ponley Subproject4 16

ii Supplementary Appendix H.3

Executive Summary

The Government of Cambodia proposes to reconstruct and further develop the Ponley irrigation scheme in 60 km north of Sisophon in Banteay Meanchey, and which is one of four core subprojects being prepared under the Northwest Irrigation Sector Project with the assistance of ADB financing.

This document is the Draft Resettlement Plan (RP), which has been prepared to provide a planned basis for the restoration of assets and livelihoods, mainly in the form of agricultural land, of people affected by the project (APs), in accordance with national policy and ADB Guidelines on involuntary resettlement.

The subproject involves the reconstruction and improvement of a scheme that was constructed during the Khmer Rouge period. The capacity of the existing reservoir will be increased from 1.0 to 3.0 MCM, a full irrigation system will be constructed and two branch canals built to serve up to 600 ha. The embankment will be raised to achieve the increased reservoir capacity and developed, with bridging of the spillway and laterite surfacing, as an improved rural access road. The embankment will be extended to provide flood protection to the village of Ponley Cheung. A system will be installed to provide Ponley Cheung and a neighbouring village with safe drinking water.

Impact on APs will mainly be through the acquisition of land for a Corridor of Impact (COI) of the canal works, of average width of 14 m. and the increase in area of the reservoir. The COI, including areas required outside the main canal works, has been marked out as a basis for conducting a detailed measurement survey of land of people affected by the project (APs) and as a means of identifying and providing information to APs. 189 households, approximately 1,062 people, will be affected by the Project. There are no houses affected in the COI of the canals or in the enlarged reservoir. A total of 91 ha. agricultural land will be acquired in the canal COI and in the enlarged reservoir, requiring replacement or compensation, but some land in the reservoir will be usable for recession cropping. Compensation costs are provisionally calculated on the basis of replacement or compensation for agricultural land along the canal and in the reservoir. Compensation payments will, by agreement with APs be sufficient for the replacement of land through local purchase in the irrigation area. It is expected that land replacement in the irrigation area will be conducted as part of a process of farmer to farmer exchange and taking into account increased irrigated cropping areas and cropping intensities. A land price of $400 per ha. is based on this expectation as well as on consultation which have been held with community leaders and APs and studies of current land market prices. The total cost of IRP implementation is estimated to be US$63,596. This includes $13,700.00 for the administrative costs of IRP implementation, of which $6,000 is for the specific subproject costs of an independent External Monitor, who will be contracted for all NWISP sub-project monitoring and evaluation throughout the project duration. The draft Indicative Resettlement Plan (IRP) has been prepared for the project in accordance with ADB Guidelines on Involuntary Resettlement, and provides a framework within which the households negatively affected by land acquisition and the displacement of structures are

1 Supplementary Appendix H.3 identified, their location and assets recorded, compensation entitlements defined, and implementation and monitoring mechanisms explained. The draft IRP has been prepared on the basis of consultation between MOWRAM, the Inter- Ministerial Resettlement Committee, the Provincial Resettlement Sub-Committee of the Province of Banteay Meanchey, village leaders and APs. It has been based on preliminary identification and registration of APs and a detailed measurement survey of AP livelihoods and property affected by the project in the reservoir and in the COI of the canals, including a socio- economic survey of AP households and a cadastral survey of their land. The purpose of the socio-economic survey was to identiify the social characteristics and livelihood sources of households in the COI, including the identification of vulnerable households, specifically for purpose of calculating entitlements and taking any mitigating measures to maintain and restore livelihoods and assets. These studies have been further assisted by two other surveys conducted as part of the feasibility studies: social and agricultural surveys reported in Annex A of the Final Report, which have provided detailed data on households in the wider project village and commune areas; and a detailed socio-economic survey of 20% of households in the COI which was conducted by an independent agency on behalf of the RU both to supplement data on APs and to provide a baseline for monitoring and evaluation, the results of which are provided in Appendix J.2.5. This baseline survey was conducted for each of the core four subprojects by an independent local consultant team with experience of external monitoring of resettlement plan implementation, supplementing socio-economic and land use data on APs and will permit rapid implementation of external monitoring. The timely and effective conduct of monitoring and evaluation will be further assisted by the provision of a long-term contract to the external monitor, which will be a non-governmental organisation or research agency appointed for all subprojects under NWISP for the six-year period of the Project (Appendix J.2.3). Methodology, planning, conduct and application of the external monitoring and evaluation in the core subprojects RP and Appendix J.2.3 are intended to permit it to serve as a model and training ground for all subprojects under the NWISP. It will also for that purpose be conducted as an integral part of Project Benefit Monitoring and Evaluation.

1. The Project

The Ponley Reservoir scheme is one of the four sample core subprojects selected for feasibility level study as a basis for the preparation of NWISP that is proposed for financing by ADB. The subproject site is located about 50 km north east of Sisophon town in an isolated and backward part of Banteay Meanchey province and some 20 km north of RN 6 (see Figure 1.1). This region has until recently been the scene of civil conflict and has only in the past few years become accessible to the national government. It has thus missed out on many of the development efforts that have taken place in the rest of the country over the past decade. It is one of the poorest regions of the country and villages in the project area are ranked poor to very poor in the commune poverty survey. The scheme was originally constructed in 1979 by the Khmer Rouge through the forced labour of the beneficiaries. The beneficiaries undertook rehabilitation in 1989 and a WUG formed but not trained. The wet season area was intended to serve 2,500 ha used by 810 households, and a much smaller dry season area used by about 100 households, but these expectations were unrealistic. The WUG and Commune chief are responsible for Operation and Maintenance (O&M), but scheme has never been implemented and consists mainly of a small reservoir that is subject to heavy inflow, which damages the irrigated areas. The scheme has been poorly

2 Supplementary Appendix H.3 managed in the past and the beneficiaries have requested government assistance to rehabilitate it. The subproject site consists of a reservoir, formed by an embankment across the Prek Srae Memay, constructed during the Khmer Rouge regime in 1976. Four structures are incorporated in the embankment, one spillway and three outlets. There is no formal canal network associated with the outlets. The reservoir extends over approximately 200 ha at full design capacity of 1.0 MCM and is shallow, on average 0.5 m deep. It has a mainly flat or gently sloping catchment area some 60 square kilometers in extent to the east and northwest. As the whole region recovers from the years of instability, this catchment area is being increasingly cultivated and hence the amount of runoff has probably decreased and will continue to do so. More recently the spillway was rehabilitated and one new outlet added under the UNDP CARERE programme. No observations of water level in or water abstracted from the reservoir have been made. The subproject involves the reconstruction and improvement of the scheme that was constructed during the Khmer Rouge period. The capacity of the existing reservoir would be increased from 1.0 to 3.0 MCM and a full irrigation system would be constructed and a canal built to serve up to 600 ha The embankment would be raised and its crest used as a rural access road, including bridging over the spillway. The embankment would be extended to provide flood protection to the village of Ponley Cheung. A system would be installed to provide the village with drinking water. Operation and maintenance of the works would initially be under the direct control of PDWRAM. They would work in consultation with a multi-agency Ponley Reservoir Committee that it is proposed be set up and Farmer Water User Communities (FWUCs). In order to realize the predicted benefits from the investment, the subproject beneficiaries will require considerable support especially with respect to the setting up, training, encouragement, supervision and monitoring of FWUCs/WUGs and with improved agricultural services. The necessary services will be supported as components of the subproject.

2. The Project Area and Population

2.1 Land Use

The general area surrounding the reservoir and its service area is in a transition zone between paddy land development and forest. The general land use within a five-kilometre radius of the subproject area consists of about 60 percent paddy land and 40 percent sparse, heavily encroached forest.

The service area, lying east of the reservoir, is a wide plain almost entirely devoted to rainfed paddy cultivation with very few trees and only sparsely scattered farm compounds or settled areas. The reservoir area is quite steeply sloping on its northern side and ringed by some sparse forest as well as recession rice, especially on the western side.

The major land use within the subproject is intensive small-scale paddy cultivation in the wet season and cattle grazing in the dry season. Fish capture within the paddies is also a common source of protein, and some fishing is also done within the reservoir

3 Supplementary Appendix H.3

2.2 Socioeconomic Profile

2.2.1 Overview

The Ponley reservoir subproject area and its environs are frontier country. A high proportion of the population are comparatively recent settlers and scrub forest is still being cleared and turned into rice paddies. Ponley Cheung, the main village in the area, has a rough and ready atmosphere to it, with houses built of weathered wood and salvaged forest material rather than more permanent materials. The population is, moreover, visibly badly off. Their household compounds contain no indication of common modern day items now found in many Cambodian villages such as motorbikes or TV antenna. Road access has recently been improved by a WFP/PDRD road improvement program. In 2002, people were especially badly off since many of them have not been able to plant their rice crop due to the on-going drought and extremely low levels in the reservoir. One interviewee reported that her family had gone into debt to purchase food.

Virtually all economic activities, within the subproject area, is agriculture based. Besides paddy cultivation and fishing, livestock rising is another major activity and herds of cattle were observed grazing on unplanted paddies within the service area. The reservoir itself is used to some extent for fisheries, however, in 2002 catches were low due to low water levels and only a few people seemed to be engaged in this activity.

2.2.2 Population

Population data for the province of Banteay Meanchey as a whole are given in Table 2.1. The existing reservoir and its service area fall within Ponley commune of Phnom Srok district, while the extended reservoir area will fall partly in Ponley and partly in Phhoam commune of Svay Chek district.

Population data for the four villages in Ponley commune that were surveyed are given in Table 2.2

4 Supplementary Appendix H.3

Table 2.1 District Populations and Proportion of Poor Households in Villages

Populatin 1998 HHs Villages %Poor HHs Province District in Villages Total. Female Male (No, 1998) (No) In 2001 Banteay Mongkol Borei 137,583 70,266 67,317 25,694 157 38.3 Meanchey Phnum Srok 43,349 22,534 20,815 8,305 55 51.7 8 districts Preah Netr Preah 70,497 36,567 33,840 13,211 102 42.5 Ou Chrov 98,495 49,924 48,571 20,144 73 38 Serei Saophoan* 98,266 50,479 47,787 18,299 59 0.8 Thma Puok 52,086 26,631 25,455 10,631 58 47.7 Svay Chek 47,233 24,377 22,856 9,987 63 26.8 Malai 22,176 10,823 11,353 4,270 36 40.2 Banteay Meanchey Provincial Total 569,685 291,601 277,994 110,541 603 Source: WFP PT Database *Urban area of Sisophon; while having a low percentage of poor by the criteria of this survey, this probably understates the level of poverty in and around the town.

Table 2.2 Demographics of Sub-Project areas Province Commune

% Poor o. No. Total Total Single Headed N .Landless Male Female in Villages HHs Pop HHs HH Villages

Banteay Ponley 6 2125 11384 5665 5719 333 (16%) 35% to 13 (1%) Meanchey 70%

2.3 Age & Sex of APs:

A separate socio-economic baseline survey of a 20% sample of households in the reservoir and in the COI of the two canals provided detailed data on 7 households in Ponley Kaeut, 17 households in Ponley Lech and 16 households in Ponley Cheung, set out in the following tables:

Table 2.3 Age & Sex Profile of APs in Impact Area

Male Female

0-5 6-12 13-18 19-25 26-60 60+ 0-5 6-12 13-18 19-25 26-60 60+ 6 20 31 13 35 0 10 22 31 16 39 2

Total = 225

2.5% 9% 14% 5.5% 15.5% 0 4.5% 10% 14% 7% 17% 1%

Table 2.4 Size of household of APs

1 2 3 4 5 6 7 8 9 10+

0 2 2 7 10 5 8 4 1 1 Total 0 4 6 28 50 30 56 32 9 10 225 people / 40 h-h Average 5.6

5 Supplementary Appendix H.3

2.4 Poverty and Vulnerability

As given in Table 2.1 above, Phnom Srok district, which includes Ponley, has the highest proportion of poor households, 52%, in the province of Banteay Meanchey as a whole as reported in 2000 by WFP. Project investigations indicated that in the four villages surveyed in Ponley commune. The proportion of poor and very poor ranged from 35% in Svay Sa to 70% in Ponley Cheung itself Ranking criteria used by Village Development Committees to assess poverty status are given in Table 2.2. While housing constructed of thatch and local wood are common throughout the countryside, and are indicators of poverty and often of fairly recent settlement, food deficit for a period of from a third to most of the year, are clear indicators of extreme poverty which is widespread in the project area. The baseline survey of a 20% sample of APs in the impact area of the canals and the reservoir showed that the great majority of households are relatively long settled, 90% for more than ten years, so that food deficit can be seen as a long term and, in the light of population increases and land and water shortage, an increasing indication of poverty and lessening self-sufficiency.

Table 2.5 AP households migrated to present location, number of years 1 2 3 4 5-10 10+ 0 0 0 1 3 36 HH = 40 0 0 0 2.5% 7.5% 90%

The deficit refers specifically to household rice, and survival strategies for households without rice for periods of the year include fishing for own consumption and trading, vegetables production, including water melon production for the market if dry season irrigation is available, other trading and laboring, migrant labor of household members and credit obtained at high interest rates from neighbors or traders. About 60% of all households are ranked by the village committees (VDC) as being either "poor"or "very poor" (poorest). Around 30% of households face food deficit periods of over 6 months per year, although in specific villages this number could be a high as 73% of households. Svay Khmau with 35% of households, and Svay Sa, with 73% of households with a food deficit for more than six months of the year, are communities with a level of poverty which both demands intervention and suggests that present levels of intervention by Government and aid agencies are insufficient to redress a radical lack of resources.

Table 2.6 Wealth Grouping Criteria Socio-economic Level Criteria Most Often Used Period of Food Deficit Well Off Big house, tile/galvanized sheet roof, have large livestock, fields Usually enough between 5 to 10 ha and gardens, mechanized plow, thresher, rice mill, pump, motorcycle, perhaps a car, some have shop, and have savings. Have TV, radio,VDO, enough rice all year. All children go to school. Average Wooden weatherproof house, galvanized roof, have field up to 4 Usually enough ha and small garden. 2 to 3 buffalo and cows. Radio and TV. Some have hand tractor. Enough food. Many children. Poor Small house with thatch roof, pair of cows, bicycle. Small plot of 4 to 6 months land up to 2.0 ha. Not enough food. Many children Poorest Small thatch house, no rice field or production land under 0.2 ha. 7 to 12 months No livestock. Insufficient food most of year. Many children. Poor sanitation

6 Supplementary Appendix H.3

Key data for the four surveyed villages are given in Table 2.7, these include poverty status, vulnerable groups (single-headed households, disabled, landless), food deficit and literacy.

Table 2.7 Proportion of Poor Households (%) Commune Village Total % % HH % % HH % Single & Ave % % HH with %HH HH HH Average HH Poorest Disabled Literacy Food Landless Well Poor Head (Can Deficit > 6 Off (HHs) Read) Mths Ponley Ta Vong 460 6 25 35 34 14.6 57 10.9 18 Ponley 550 5 25 20 50 20.2 55 16.4 2 Svay Sa 437 12 53 15 20 21.5 47 73.2 0 Sv.Khmau 246 2 32 36 30 21.1 33 35 3

The incidence of disabled and single head households is about 20% compared with a 1990 national average of 25.7%. Villages with the worst food deficits usually corresponded with the highest proportion of vulnerable households and lowest literacy rates.

Poverty is exacerbated by the incidence of households with one or more factors making them vulnerable in general and reducing their capacity to sustain livelihoods or to participate in project actions or other development. The sample survey of APs showed an expected level of households having single female heads, but only one out of 40 heads as being disabled and one being over 60 years of age without other able bodied members of the household.

Table 2.8 Vulnerability of household of AP households: Female head of household HH % 6 40 15

Aged (60+) HH % 1 40 2.5

Disabled household head HH % 1 40 2.5

2.5 Literacy The number of literate men outnumbers women, usually in the range of 5 to 10%. In the baseline survey of APs 14 out of 40 women, 35%, as against 21 men, 52.5%, were literate. Ponley commune is significantly below the regional average in terms of literacy, and villages with the lowest literacy rates, the greater is the variance between male and female rates. In general female literacy goes together with poverty and has been shown in related WFP and MoH/WHP surveys to be closely linked with knowledge of and access to measures for disease prevention, including STD and HIV/AIDs.

7 Supplementary Appendix H.3

Table 2.9 Literacy of household head and spouse of AP households

D. Ponley N° literate HH % Male household head 21 52.5 Female household head 1 40 2.5 Spouse 13 32.5

School Attendance This gender differential also applies to the number of boys and girls currently attending school.

While 81% of children of primary school age in the baseline survey of AP households are attending primary school, only 38% of children of secondary school age are in school The need of the household for their labour on the farm or in trading or in migrant labour, and the lack of money for school fees, materials and clothes, but also for bicycles for the journey to school, are the main factors in non-attendance at secondary school.

Table 2.10 School attendance of children of primary school age of AP households School attendance of children of Attending in primary school (B) (B/A) 100 % primary school age (A) 57 46 81

Table 2.11 Reason for non-attendance school: 1= Cannot afford school costs; 2= Have to help in business; 3= Take too long to get to school; 4= Have to help on the farm; 5= Looking after house/ younger sibling.

1 2 3 4 5 3 0 0 0 4 HH = 40 7.5% 0 0 0 10%

Table 2.12 School attendance of children of lower secondary school age of AP households

Children of lower secondary school Attending in lower secondary school (B/A) 100 % age(A) (B) 53 20 38

Table 2.13 Reason for non-attendance at school: 1= Cannot afford school costs; 2= Have to help in business; 3= Take too long to get to school; 4= Have to help on the farm; 5= Looking after house/ younger sibling; 1 2 3 4 5 1 6 0 14 2 HH = 40 2.5% 15% 0 35% 5%

Most schools lack facilities and often do not have regular teaching staff. Split classes means that pupils are only receiving a half day's instruction each school day.

8 Supplementary Appendix H.3

2.6 Health and Drinking Water All villages reported access to health services within one hour's travel time in the wet season. The service available was not always adequate.

All villages reported access to health services within one hour's travel time in the wet season. In practice the baseline survey of AP households indicated that most households sought treatment from a local village doctor or pharmacist, citing lack of facilities, staff and medicines, cost of travel and the cost of treatment as reasons for not using the health clinic.

Table 2.14 Preferred Sources of Health Care

1= Clinic/Hospital; 2= Village Doctor; 3= Village Traditional Healer; 4= Local Pharmacist or Drug Shop; 5= No Treatment; 1 2 3 4 5 6 23 0 11 0 HH = 40 15% 57.5% 0 27.5% 0

There is no public water supply in the area. Most of the population obtains water from the reservoir and various shallow wells that have been installed over the last 15 years by NGOs, funded by numerous donors. Little rainwater harvesting is practiced as most houses have thatched roofs. There are water supply problems during the dry season when many sources dry up.

2.7 Agriculture and Livestock

Within the command area of the irrigation system the rice based cropping system that has evolved continues to be dominated by the traditional long season photoperiod insensitive varieties that are broadcast in April and May. Under the present situation the rice crop is largely rainfed due to the very unreliable water supply from the reservoir. Production of crops other than rice is done on a very limited scale within the irrigated area. The areas being cultivated in this way are very small in area and are predominantly cropped with dry season beans and watermelon irrigated from the reservoir.

Every household maintains a small home garden adjacent to the house. Within this area a wide range of crops are cultivated for home consumption. Crops commonly seen include bananas, various fruit trees, local vegetables, cassava, maize, etc.,

Fertilizers are not widely applied and where this is being used it is at low rates of application. Farmers do not get good responses to fertiliser use, which is linked to the inherently low levels of organic matter and the incapacity of the soil to absorb nutrients. Most of the fertiliser application appears to take place at land preparation and the rates of fertiliser use as top dressing are below recommended rates. Organic manure is mainly cattle dung.

The rice yields within the area are low with many farmers only achieving 1 ton per hectare or less. This is largely from rainfed production and very few farmers appear to be achieving yields of over 2 tons per hectare.

Cattle are widely owned within the area and used as the main source of draft power. However, water buffalo are not often seen within this area. The cattle are generally allowed to graze within

9 Supplementary Appendix H.3 the rice growing areas in the dry season but in the wet season are fed around the homestead from stacks of rice straw and other crop by-products. Some households also keep pigs that are normally raised for fattening and sale and are fed exclusively on local feeds. Poultry is also kept on a small scale but some farmers have ducks. Most of the duck raising is in the hands of farmers who have established large flocks of several hundred birds.

The reservoir is an important habitat for fish and other wildlife. However, as 2002 has been so dry, fishers reported very poor catches in the reservoir, as the water was so low.

10 Supplementary Appendix H.3

Box 2.1: Focal Group Perspectives

Lack of water for both domestic and agriculture was the main development issue, as well as a lack of agricultural skill. s

p Irrigation and water supply improvement and canal rehabilitation and extension are badly needed, as is organization to u manage. FWUCs need to be established to manage and maintain schemes. Users should have to pay for the service gro which should be of good quality. Fees should vary according to land area, season. Those with bad yields could pay less. The community need to dicuss the construction process. If they understand can contribute labor to construction and maintenance. Land compensation issues must be discussed with the community so that they understand and make good decisions. Disputes resolved by FWUC, village and commune chief. People may voluntarily give up some land if they understand community benefit. Community participation must be encouraged. The community should resolve its own operational and management problems. Scheme operators should be paid a daily rate. Issues not resolved by the Leadership

• FWUC would be referred to DoWRAM, they would review real situation. Poor families will benefit from the project from more paid laboring jobs. Main role of the FWUC is scheme operation, maintenance and repair. The communities need training in financial management, scheme operation, repair and maintenance. De-fragmentation of land holdings could be organized as part of a community mobilization plan, may be difficult as parcels are different sizes, needs titling. Lack of water and irrigation facilities were seen as the main livelihood issues, as well as lack of agriculture skills and equipment. Canals and reservoir need rehabilitation. The community should elect a body to manage the new scheme, and users should pay a water fee per hectare for R&M. Not everyone would pay the same rate, depends on quality of groups water supply, land area. To make the FWUC sustainable, people must follow the rules. Community can contribute land, cash and labor for construction. Land appropriation and compensation could be managed by the community with approval from authorities. Disputes over water distribution/management would be resolved by community meetings and the FWUC, after that problems referred to the commune chief, and then DoWRAM. The FWUC chief, gate operators should be paid. Poor people would benefit from the project as it will provide more jobs. Main role of the FWUC is to Women’s

• maintain the scheme, manage water distribution, and promote sense of ownership by community. The community could set up the FWUC but require training in technical and financial management, operations and maintenance, community organization and agriculture skills. Land parcel de-fragmentation would be difficult but easier when parcels are the same size and would be up to individuals to decide otherwise may create conflict. Must be officially registered. Shortage of water, lack of cash for inputs seed and pumps were considered priority issues. Irrigation development, canal rehabilitation and new gates are badly needed and community could contribute labor and cash to construction, and would also have to pay water fees for maintenance. The community would have to set up a community management body. Previously irrigation managed poorly. Fees would vary according to land location and quality of -vantaged service, area and water used and season. People must respect and believe the management body. If land is appropriated for construction, the community must pay compensation to the owner. The community, village chief and then commune chief would make final decisions regarding land and water distribution problems. Scheme operators should be paid in cash on a daily basis. The poor may not benefit as their fields are too far away. They can also Disad

• organize digging field channels to irrigate their land. The community could set up a FWUC but would need training in scheme management, repair and maintenance, administration, and that training should take 6 months. It would not be possible to attempt land parcel de-fragmentation.

Lack of domestic and production water and the need for rehabilitated irrigation were priority development issues. Canals are too shallow, need new reservoir. A FWUC must be established by the community to manage the scheme with DoWRAM support. The community could contribute labor, land and cash to any construction. People need training

groups in water use and must pay water user fees in order to maintain the scheme. Fees should vary as service quality varies depending on field location. Land appropriation for construction would require the FWUC to discuss, explain need to the owner. The FWUC would be responsible for resolving disputes over water distribution, also responsible for maintenance, water distribution, general mangement. FWUC officials should be paid. Any problems not solved by the

Mixed FWUC would be referred to DoWRAM. The poor should benefit from extra jobs. The community can form a FWUC but • needs training in repairs and maintenance as well in agriculture technology. De-fragmentation of land may be possible, owners to organize amongst themselves and report to village and commune for official registration.

11 Supplementary Appendix H.3

Villagers reported that the reservoir used to be a very productive fishery, providing food security for all living in the region. Fish production has decreased in the last few years, due to the shortage of water. As reported, the shortage of water is mainly because the condition of the embankment does not allow adequate storage either for fish or for irrigation.

2.8 Community-Based Organisations

The Commune Council was created February 2002 following elections. Each of the six villages has a Village Development Committee.

The following were reported to have been or be active in the area: UNDP, WFP, Red Cross, Halo Trust, Buddhists for Development, World Crane Foundation.

A WUG was set up in 1989 by the PDWRAM (formerly Provincial Department of Hydrology) but it is not active at present due to the poor condition of the scheme.

In general existing FWUCs and WUGs, and indeed any previously established WUGs, have all been weak, inadequately prepared and unable to function effectively. As borne out in the social investigations at commune, village and household level, communities acknowledge the need for a local management body to be responsible for operations and maintenance of irrigation and also accept the need to pay irrigation service fees (ISFs) to pay for upkeep. The communities’ studied expressed a willingness to form FWUCs and be organized into WUGs.

Agricultural Extension Services are provided through the Phnom Srok District Agriculture Office that is staffed by a Deputy Chief, 3 Agronomists, 2 Veterinarians, and 1 Extension Worker. These staff have received technical skills training funded under the ADESS program.

Within the district of Phnom Srok area there are three villages that are currently receiving support under the Production Start Up Programme (PSP) that directly assists the very poorest farm families to attain food security. An additional three villages are being supported under the Agricultural Improvement Programme (AIP), which is the next phase to assist farmers to increase and diversify crop production, livestock production and promote forest conservation.

Rural Micro-Finance support are scheduled to be provided to allow farmers who have gained confidence in the new technologies through the PSP and AIP Programmes to access credit. At present this support is not targeting the areas will benefit from the development of the Ponley Irrigation System.

There are no agricultural research stations in NW of the province and the nearest seed production farm is Spean Kralor station located in Mongkol Borei.

The SEILA programme is supporting the RGC decentralisation process and is encouraging and financially assisting local development activities, mainly through the MRD and offices set up in the Provincial Government EXCOM. Donor support for the programme managed by UNDP under PLG is committed for the next three years.

The Social Fund of the Kingdom of Cambodia (SFKC), supported by a number of donors including the World Bank funds small-scale works identified as priorities at village and commune level.

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The EU-assisted ECOSORN project is likely to include Banteay Meanchey province. A mission to prepare the project is due in Q1 of 2003. Components are likely to include credit,

3. Subproject Impact

The main impact is that of a Corridor of Impact (COI) of average width of 14 m. cleared for the construction of two feeder canals in the command area and the enlargement of the reservoir caused by the raising of the embankment.

The impact of the project is on land of 189 households along the two canals and in the reservoir, and on the livelihood of households, and especially vulnerable households, of disruption caused by project operations.

No houses of APs are affected. Of the 118 AP households with rice plots in the reservoir, 98 are expected to lose more than 10% of their agricultural land use, and 15 less than 10%. The total loss of land cultivated under the present regime in the reservoir is 75 ha. Afurther 15 ha. will be lost in the COI of the two canals.

The impact is expected at least initially to be greatest on cropping in the wet season, the reservoir being at its greatest extent in October/November. However, some benefit is expected to be obtained by these farmers from cultivation at other times of the year, in dry season or recessional crop production and in the improved regularity of the water regime.

Table 3.1 :Project Impact

Total Affected Affected Female Disabled Income Landless Affected Households House HHH HHH <10$ HHH People 189 0 24 5 41 0 1062

Total Affected Land Loss of Agriculture Land Total Agric. Residential Agriculture Land use of (m²) (ha.) <10% 10%-20% 20%-50% 50%-100% AP(ha) 0 91.0 79 34 51 25 422

4. Mitigating the Impact of the Project

4.1 Minimising Impact and Compensation for Losses

Minimising the impact of the Project on APs will be mainly sought through keeping the width of canals to the minimum required, and by their positioning on higher contours in locations out of command or with least favourable irrigation potential. In the reservoir, land lost to the higher level and wider extent of the reservoir in flood periods will to some extent be offset by improved regularity of the water regime and the availability of water for recession and dry season production. These losses of land use will also be addressed through compensation sufficient for land purchase and through the participation of the community and a FWUC in farmer land exchanges facilitated by compensation payments sufficient for APs to purchase land within the community in the irrigation system.

13 Supplementary Appendix H.3

However, as well as the general acceptance in the community of the overall benefits which will be achieved by restoration of the irrigation system, there are also a number of specific benefits which will accrue to APs and others from subproject actions, notably:

4.2 Other Mitigating Actions

• Water Supply

A planned system to bring safe water for domestic use into two of the villages close to the reservoir will improve health and greatly decrease the amount of time needed for fetching water to local households.

• Drainage and Flood Protection

There is an annual flooding problem affecting some 250 households in Ponley Cheung. In rehabilitating the reservoir the embankment will be raised, preventing the flow of flood water into the village.

• Embankment Road

The rehabilitation of the reservoir will also provide 8 km of road along the embankment, which will be surfaced with laterite. A bridge will be built across the spillway so as to connect sections of this embankment road. It is expected that this road will greatly improve travel between area villages. In addition, part of the road will provide an improved connection between some of the villages and other roads in the area.

5. Policy, Principles and Entitlements

5.1 Policy The RGC has, in its loan agreements with the ADB, adhered to the ADB’s Guidelines and Policy on Involuntary Resettlement. Under the Loan Agreement, where national policy and practice conflict with the ADB Guidelines the latter take precedence. RGC is currently in process of formulating, with ADB assistance under RETA 5935 a National Policy on Involuntary Resettlement. This is in line with the ADB Guidelines and affirms that APs will be fully compensated for all assets lost as a result of water resource and other infrastructure projects, regardless of whether APs have formal title to the land, which they occupy and use. The 30 August 2001 Land Law establishes this right of ownership based on occupancy regardless of the possession of title. In accordance with ADB’S requirements, people eligible for compensation are those who will experience negative impacts on their assets and livelihoods as a result of the Project. (see Box 5.1) In general, people eligible for compensation would include those affected in the following categories:

• Land to be permanently acquired for the project: - Owners with formal legal title - Owners/occupiers eligible for formal legal title under Cambodian law - Owners/occupiers not eligible for formal legal title under Cambodian law but who can provide evidence of occupation of such land prior to August 30 2001

14 Supplementary Appendix H.3

- Leaseholders and tenants of land

• Permanent removal of houses, other structures and improvements and land based assets, such as trees and crops: - Owners of houses and other structures (whether with land title or not) and whether the house or structure was built with permit or not - Tenants of houses and other structures - Temporary effects, such as disturbance to land, crops, business operations during construction, of farmers, land users and businesses

5.2 Principles The following principles have been adopted in the formulation of the Draft RP:

– Land acquisition, involuntary resettlement and other negative impacts are to be minimized as much as possible by exploring alternative project designs;

– Community participation in project benefits is assured;

– The economic and social future of people shall not be unfavorably affected, and they will not face a material reduction in income, living standards or unnecessary social and cultural dislocation as a result of the project;

– Resettlement measures will wherever possible contribute to the social and economic development of the affected population and area;

– The compensation to be provided is:

– Compensation at replacement cost for houses and other affected structures without deduction for depreciation or salvageable materials

– For agriculture land, at the choice of APs, compensation in terms of land for land of equal productive capacity or compensation in cash permitting land purchase by APs of equal quality and productivity to that lost*;

– Replacement of premise/residential land of equal size acceptable to the affected person

– Replacement of commercial land of equal size and commercial potential acceptable to the affected person

– Disruption allowances and transfer and subsistence allowance when appropriate.

– Resettlement will be monitored by the Government and the ADB and by an independent external monitor

– People affected shall not be required to have formal legal title to the land used by them to be eligible for compensation;

– Positive steps will be taken to ensure that poor and vulnerable groups receive adequate compensation and additional assistance when needed to restore their social and economic well being to at least its level prior to the project. ADB Guidelines and the draft national policy express a preference for compensation for land losses by means of land replacement rather than in cash. In practice, land replacement has proven to be more cost-effective and socially feasible when undertaken by APs themselves, mainly because of better AP access to locally available land and the distortion, which would be caused to the land market by government intervention. An external agency appointed as an

15 Supplementary Appendix H.3 independent monitor will follow up and evaluate the effectiveness of APs of achieving land replacement and restoration of livelihoods through cash compensation for land.

5.3 Emtitlements The Entitlements Matrix set out in Box 5.1 includes all entitlements, which may be applicable in this and other subprojects under NWISP. Following discussion with the IRC, it intentionally includes entitlements which may not be directly applicable in the Ponley subproject or any specific subproject, since it will be a matter of policy to provide and make known all potential entitlements uniformly in RPs, and secondly to facilitate the preparation and replication of RPs without repeated research, except to amend and strengthen the Entitlements Matrix in the light of experience and monitoring.

6. Participation, Information and Consultation and Grievance Redress

6.1 AP Participation An important aspect of the participation of APs will be that of their membership of Commune or Village Resettlement Committees consulting with the Provincial Resettlement Sub-Committee and Working Group on the implementation of the IRP, and especially on replacement and compensation for losses of land, houses or other property and livelihoods. They will also be directly involved in the irrigation development, in decisions on means of avoiding unnecessary adverse impact and on land adjustment, and in achieving direct and related benefits from the development, especially through membership of Farmer Water User Committees. Both men and women will have the opportunity of employment in project construction works. Village and Commune Resettlement Sub-Committees will also be responsible for providing assistance to vulnerable households with land purchase and land and irrigation system development. The Provincial and District governments will be fully and continuously involved in these consultations through the Provincial Resettlement Sub-Committee, Provincial and District staff and commune leaders will be involved in training programs to ensure their full understanding and management of the resettlement programme.

6.2 Informing APs Those potentially affected by irrigation works will be informed of the situation in a series of community meetings prior to the marking out of the alignment and the conduct of a final Identification Survey, the DMS and registration of APs at the design stage. They will be further informed of, and consulted as to developments, as final decisions on widths and alignment are taken

16 Supplementary Appendix H.3

Box 5.1 Entitlement Matrix of Proposed Compensation and Resettlement: NWISP Ponley Subproject1

Type of Loss Application Entitled Person Compensation 1 Arable land Loss of arable land. Eligible landholder with formal legal title, possessory land holder Land for land as a priority, or cash compensation for lost land at replacement cost; or “Land eligible for formal title, and possessory landholder not eligible for land” will be provided in terms of a new parcel of land of equivalent productivity and with for formal legal title under Cambodian law and can provide long-term security of tenure at the wish of APs. evidence of occupation of such land before August 30th, 2001 No distinction between titled and not-titled landholders. In irrigation areas this entitlement includes land lost to the Replacement land to be free from taxes, registration and transfer costs. construction of secondary canals and will also include any Severely affected farmers eligible for economic rehabilitation assistance and other severe loss to individual APs in tertiary systems allowances (disruption allowance; assistance to obtain training and employment. Agricultural laborer Cash compensation equivalent to three months salary and assistance in obtaining alternative employment. Lease holder or tenant, including non-paying tenants with Cash compensation equivalent to replacement cost of gross harvest for one year. Disruption permissory rights of land use allowance and other allowances as applicable. Temporary acquisition Eligible landholder Cash compensation based on opportunity lost during the period. Land returned to the or easement landholder after use, fully restored or improved. 2 Residential land Loss of residential Eligible landholder with formal legal title, possessory land holder Compensation in cash at replacement cost or, at AP’s choice, replacement land of minimum land eligible for formal title, and possessory landholder not eligible plot of acceptable size or a plot of equivalent size, whichever is larger, either on fully for fomal legal title under Cambodian law and can provide serviced resettlement sites if provided or on other sites acceptable to APs. evidence of occupation of such land before August 30th, 2001 Replacement land to be free from taxes, registration and transfer costs. Eligible for relocation assistance and other allowances as applicable. Assistance to APs to permit on their own remaining land adjoining channel or reservoir embankment house/shop sites, or if no remaining land, for provision of a house/shop site along the embankment or in another suitable location. Lessee, tenants or non-paying tenants with permissory land use Eligible for relocation assistance and other allowances, as applicable. rights. Temporary acquisition Landholder with formal legal title, possessory land holder Cash compensation for the net loss of income and damaged assets. eligible for formal title and possessory landholder not eligible for Land returned to original owner after temporary use, restored to previous condition or formal legal title under Cambodian law and can provide improved. evidence of occupation of such land before August 30th, 2001 Lessee, tenant or non-paying tenant with permissory land use Cash compensation and other allowances, as applicable. rights 3 Commercial land Plots used for Landholder with formal legal title, possessory land holder At AP’s option, provision of alternative business site of equal size and accessibility to business affected eligible for formal title and possessory landholder not eligible for customers, satisfactory to the AP OR compensation in cash at replacement cost for the formal legal title under Cambodian law and can provide affected land. When the affected premises are larger than the relocation plot, cash evidence of occupation of such land before August 30th, 2001 compensation at replacement cost to cover the difference in area. No distinction between titled and non-titled landholders. Replacement land to be free from taxes, registration and transfer costs. Cash compensation for lost income during the transition period. Eligible for relocation assistance and other allowances and rehabilitation assistance, as applicable. Lessee, tenant or non-paying tenant with permissory land use Assistance for finding new commercial site. rights Eligible for relocation assistance and other allowances and relocation assistance, as applicable. Type of Loss Application Entitled Person Compensation 4 Loss of structure Loss of house, well, APs who are the recognised owner Compensation in cash or materials at full replacement cost at current market value, with no pond, fence, latrine, deduction in compensation for depreciation or salvageable materials. Compensation will be kiosk or shop, etc. based on a competent technical survey Tenants renting structures Three months’ rent and other assistance with relocation (transport allowance, disturbance allowance) 5 Loss of business / Loss of business / Affected APs Cash compensation for the loss of business, incomes and wages. incomes or incomes / employment Assistance during the transition period. employment Eligible for rehabilitation assistance and other allowances, as applicable.

1 (Certain of these entitlements are “residual” in the sense that they are not necessarily applicable to any AP under the sub-project)

17 Supplementary Appendix H.3

6 Standing crops, Crops or trees Owner of crops or trees Compensation in cash calculated on the basis of type, age and productive value of affected trees affected by land crops or trees or replacement by tree planting at cost. acquisition or Other allowances as applicable. temporary acquisition/easement 7 Common Loss of access to Affected communities Replacement or compensation at the full cost of replacement at current market value with no resources or community water deduction for age or depreciation or salvaged materials, or improved resource to increase infrastructure supply, sanitation and benefits from the project. drainage or other utility, market facilities, community grazing land or forest 8 Public Utilities Loss of, or damage to, AP Communities and public agencies. Replacement or improvement to the facilities. affected assets, partially or entirely (not applicable in this project). 9 Public facilities Loss of, or damage to, Concerned agencies Replacement or improvement to increase the benefits from the project, and compensation in public infrastructure cash at replacement cost to respective agencies. 1 Special assistance Special assistance to APs belonging to vulnerable groups including households who A $20 allowance plus additional cash and other assistance based on identified needs and 0 / allowance for vulnerable groups are very poor (earning less than $10 per month), headed by the priorities, households with more than one factor of vulnerability being entitled to a $20 vulnerable groups aged, women, disabled, or otherwise vulnerable such as ethnic allowance for each factor. For example, households that are very poor and headed by a minorities woman would be entitled to $40.

Disruption All severely affected Relocating households and households that lose more than Either a disruption allowance of $40 or of the price of 6 months rice consumption for all allowance households 10% of their total productive landholding members of the household, whichever is the greater, payable to all severely affected APs (i.e. who lose more than 10% of their total landholding)

Advice and All severely affected Households that lose more than 10% of their total productive Advice and support of the Provincial and local authorities in obtaining training and assistance for farming households landholding employment for the household head and members of the household training and employment Transport All relocating Relocating households and businesses Either provision of transportation by local authorities or cash sufficient to be able to transport allowance households and possessions. businesses who must move their personal possessions and old and new building materials

18 Supplementary Appendix H.3

While the majority of farmers along the alignment are aware of the imminent commencement of the project and know that some of them may be required to give up land, there remains a major need both to inform APs accurately of the physical aspects of the project, to advise them of the IRP and of their rights and entitlements, and to provide training and support both to APs and to the community as a whole in managing land adjustment and farmer land exchanges in the creation of the irrigation system. The information and consultation programme has been commenced prior to the marking of the alignment and the conduct of a Detailed Measurement Survey (DMS) and will be be continued through AP representation at all stages of decision making. This will be particularly important during implementation when APs must be involved in agreement on compensation and any relocation of land. The Provincial Resettlement Sub-Committee and Working Group, assisted by PDWRAM, will carry out an information campaign before conducting the registration of APs, and will for this purpose publish a booklet in Khmer, based on the draft provided in Appendix J.2.2. The information booklet will contain information on the Project compensation policy, compensation payment procedures, and construction schedule aimed at social preparation for relocation and resettlement of the affected persons. PDWRAM will be responsible for distribution of the booklets as well as monthly newsletters to affected communities for the duration of the Project through the provincial, district and village government offices. During the DMS, each household will be personally informed about the project, entitlements and procedures. The disclosure and consultation process is designed to achieve the following:

• Explain the relevant details of the Project scope and schedule,

• Explain the IRP and the various degrees of project impact,

• Provide details of the entitlements under the IRP and what is required of APs in order to claim their entitlement,

• Explain the relocation and resettlement operations and options and enlist the agreement and support of affected people in participating in these operations,

• Explain the Implementation Schedule with a timetable for the delivery of entitlements,

• Explain the compensation process and set out compensation rates,

• Provide a detailed explanation of the grievance process,

• Enlist the help of village leaders and other influential community officials in encouraging the participation of the APs in IRP implementation, and

• Attempt to ensure that all vulnerable groups understand the process and that their needs are specifically taken into consideration and are met by assistance by the Project and by commune and village resettlement sub-committees. APs will take part in the selection and development of any replacement land or in receiving compensation, if this is the preferred option. They will also be consulted and asked to participate in any assistance needed to restore farming viability and restoration of livelihoods on the part of vulnerable households and in any restoration of community facilities. A continued information and consultation programme will be conducted prior to agreement and payment of compensation and relocation and will be continued for purposes of grievance procedures and for post-implementation development.

19 Supplementary Appendix H.3

6.3 The Grievance Process

(a) Grievance Rights All APs have the right of appeal against any aspect of decisions made not in accordance with the IRP or with commitments given to them, or on which they disagree with the level or manner of compensation, including land, house or shop or stall relocation and compensation. The main objectives of the grievance procedure are to provide a mechanism to ensure that the compensation and resettlement programme have been implemented accurately and fairly, alleviating any adverse effects on APs, to mediate conflict and to avoid lengthy litigation that is unfair to APs and can delay the project. It also provides people who have objections or concerns about their compensation of other assistance with an accessible and known procedure through which to raise their objections and have them resolved. (b) Function The functions of the grievance process will be:

• To make all APs aware of the process of the RP and entitlement policy and of the timetable for implementation;

• To provide support for the APs being relocated on problems arising out of their adjustment to their new environments;

• To record grievances of the APs and categorise and prioritise those grievances that need to be resolved by the Grievance Committee;

• To record grievances of the APs and categorise and prioritise those grievances that need to be resolved by the Grievance Committee;

• To assist the APs in dealing with the decisions of the Grievance Committee (the Grievance Committee should be given the power to resolve all but the most serious of grievances);

• To report new developments to the aggrieved parties regarding the hearing of their grievances. The decisions of the Grievance Committee will not be contested in any other forum, except in the courts of law. (c) Steps Involved The grievance process must be explained to every AP at the time of compensation. The process should be as follows: (i) As a first stage, APs will present their complaints and grievances to the Village or Commune Resettlement Sub-Committee and, if he or she wishes, to the NGO External Monitor and/or to any NGO working in the Community. The NGO will record the complaint in writing and accompany the AP to the Village or Commune Resettlement Sub-Committee. The Sub-Committee will be obliged to provide immediate written confirmation of receiving the complaint. At the same time, the complaint will be forwarded to the Provincial Resettlement Sub-Committee and the Provincial Grievance Committee.

• If the Village or Commune Resettlement Sub-Committee is unable to resolve the grievance, it will refer the grievance with any relevant information or documents to the Provincial Resettlement Sub-Committee through the PIU at PDWRAM, which will advise the Provincial Grievance Committee.

• At this or any subsequent stage the External Monitor (EM) may be asked by the AP or the PIU to carry out a survey and valuation of structures or land which is the subject of dispute and to provide this or otherwise assist in further review or arbitration.

20 Supplementary Appendix H.3

• The Provincial Grievance Committee meets with the aggrieved party and tries to resolve the situation. The Committee may ask for a review of the DMS by the external monitor. Within 21 days of the submission of the grievance the Committee must make a written decision and submit copies to Provincial MOWRAM, the monitoring agency, and the AP

• A judgment on the complaint will be made by the Provincial Grievance Committee with the participation of the village head, Commune Chairman and the NGO within 21 days of the written acknowledgement being issued. The Provincial Grievance Committee will provide the AP with its decision within 21 days of the complaint being lodged.

• If the AP is not satisfied with the solution of the Provincial Grievance Committee, the case may be submitted for consideration by the legal system, however, every effort shall be made to avoid this by resolving grievances within the framework of the Provincial administration and the Project, and with the assistance of the EM.

• If the decision is in favour of the aggrieved party, corrective actions must be prescribed in the letter and implemented within 14 days of the decision with interest added for any back payment of compensation.

• If no decision can be agreed to and the settlement of the grievance is essential to the successful implementation of the Project, MOWRAM may ask for arbitration to be undertaken by an independent agency, assisted by any survey or valuation by the EM and with the presence of the EM.

• In the event that this procedure does not achieve an agreed resolution of the grievance, MOWRAM may take the matter to court, with the plea that an order for eviction be granted, but must advise the ADB of its intention to take this step one month in advance, and must in any case make payment of the full compensation costs and allowances to which the AP is entitled.

• The grievance procedures do not take away the constitutional rights of any AP him or herself to lodge a complaint with the court at the municipal level. This may be followed by subsequent appeals to the court at the provincial level and national level, but the purpose of the grievance procedure is that citizens, particularly people in the municipal and Commune/village level, will not need to take their complaints to the formal legal institutions and that most complaints will be settled at the lowest level.

• APs will be exempted from all administrative, transfer and legal fees.

• It is recognized that, in many cases, APs do not have writing skills and the possibility of being able to express grievances verbally has been considered, however, APs are encouraged to seek assistance from the EM, other local NGOs or other family members, village heads or community chiefs to have their grievances recorded in writing and to have access to the DMS or other documentation, and to any survey or valuation by the EM, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly. (d) Makeup of the Grievance Committee Banteay Meanchey Province will have a Grievance Committee under the Provincial Resettlement Sub-Committee comprising four permanent members and one local member, according to where the aggrieved party is from. The Committee will be chaired by the Provincial Governor or his representative and have as members the Provincial Head of the Department of Water Resources, the Provincial Head of the Department of Finance, Justice Department, a member from the external monitoring agency and one or more local leaders (such as the Village Head or Commune Chairman) familiar with the area and the circumstances of the complaint,

21 Supplementary Appendix H.3 any local NGO and the External Monitor contracted by MOWRAM. (see below section 10 and Appendix J.2.3)

7. Management and Organisation

The planning and management of involuntary resettlement from water resources projects in Cambodia has derived from cooperation with the Asian Development Bank over a two year period. Overall policy and regularity supervision for resettlement is the responsibility of the Inter- Ministerial Resettlement Committee, which is a Committee of the Council of Ministers and is administrated by the Ministry of Economy and Finance. A Resettlement Unit was established in the Project Management Office at MOWRAM under the direction of H.E. Veng Sakhon, with a Head of Unit and three other staff members, one of whom has been trained as a database and data management specialist. The PMO was also provided with computers and EXCEL and ACCESS database systems installed to permit the analysis of Detailed Measurement Cadastral and Socio-economic Surveys of households affected by these projects, to permit the preparation of Resettlement Plans and compensation. The ACCESS system is being further upgraded, and training provided to RU staff, to store and utilise sociological, environmental and agricultural survey data from the Project feasibility study and the DMS. A Provincial Steering Committee and Resettlement Sub-Committee will be established for the project. District and Commune Resettlement Sub-Committees will be established in the project areas, and Grievance Committees set up at these various levels to help in resolving grievances or disputes over compensation and relocation of affected people. An external organisation, which will be an NGO or independent research agency will be appointed under contract to the Ministry of Economy and Finance on behalf of the Inter-Ministerial Resettlement Committee, to provide independent monitoring and evaluation of these resettlement programmes. Specific responsibilities are given to an External Monitor, both to conduct monitoring and evaluation over the six year period of the project based on baseline surveys to be conducted in each subproject (section 11 and Appendices B and E below), and to provide support to APs, especially in any resolution of grievances related to relocation and compensation and in providing an independent assessment of the measurement and valuation of property in cases of grievance or arbitration. These institutional arrangements are set out in the diagram, Figure 7.1. They are standard arrangements for the management of involuntary resettlement, and are based on the ADB Guidelines for Involuntary Resettlement (which are closely similar to the World Bank Guidelines) and on current consultation on a draft National Policy and Guidelines for Involuntary Resettlement of RGC assisted under ADB RETA 5935. One of the purposes of the North West Irrigation Sector Project is to further strengthen and adapt the institutional structure to provide a more effective basis for involuntary resettlement arising from irrigation and other water resource projects. A particular objective sought be MOWRAM and the ADB is that of a strengthened capacity in MOWRAM for resettlement planning, management, monitoring and evaluation in the context of environmentally and socially sound water resource development. A second objective is that of the devolution and strengthening of resettlement management responsibilities, first as between the IRC and MOWRAM, and secondly as between MOWRAM and Provincial DWRAM, or more generally Provincial Government. To handle these matters the Provincial DWRAM is responsible both to MOWRAM and the Governor’s Office, or EXCOM, in

22 Supplementary Appendix H.3 setting up a Provincial Resettlement Sub-Committee, and for liaison with Districts, Communes and Villages in project areas to undertake the various operations for which it is responsible. These include: a. the conduct of an information programme, an identification survey in the Corridor of Impact of the project, to identify people affected by the project who will be entitled to compensation and other assistance; b. carrying out a Detailed Measurement Survey of all APs, including a cadastral survey of their land and houses and other structures, and a socio-economic survey to determine any special needs and also to find out what loss of livelihoods will occur as a result of the project; and c. the creation of Grievance Committees at Provincial, District and Commune levels to hear and resolve grievances over compensation, replacement of fixed assets and relocation; d. supporting the IRC, MEF and MOWRAM Resettlement Unit in deciding and administering compensation, replacement of assets and relocation. The overall Organisation and Management of the Project and of resettlement policy, including IRP planning and implementation, monitoring and evaluation, is the responsibility (a) of MOWRAM, and (b) of a Regulatory Body responsible to the IRC (Figure 7.1). This position is currently occupied by the ADB Division of the International Cooperation and Investment Department of MEF acting as a secretariat of the IRC. The identification of APs, detailed measurement survey (DMS) and socio-economic survey and compensation has been carried out by the Resettlement Unit in MOWRAM PMO, under the management of the Head of the RU, assisted by a local consultant. A Provincial Working Group combining staff of these organisations and of the Battambang Provincial Water Resources and Meteorology Department and Provincial Department of Land Management assisted the physical work of cadastral and socio-economic survey. Consultation and compensation will be carried out by the Provincial Sub-Committee under the supervision of the Inter-Ministerial Resettlement Committee with the support of the MOWRAM and the IRC. As describe above and explained further below, an External Monitor, which will be a non-governmental organisation or independent research agency, will be appointed by the IRC or Regulatory Agency, to monitor and evaluate implementation of the IRP (see Section 10 and Appendix J.2.2).

8. Resettlement Budget

8.1 Resettlement Costs and Administrative Budget

The cost of compensation and other entitlements and assistance and of administrative costs, monitoring and evaluation are set out in Table 8.1 Administrative costs have are estimated in the Supplementary Resettlement Administration Budget in Table 8.1 below.

23 Supplementary Appendix H.3

Table 8.1 Incremental Administrative Costs For RAP Implementation

Item Unit Quantity Unit Rate Total Detailed Measurement Survey Mth 1 3,000 3,000 Community Consultation Mth 1 2,500 2,500 Reporting Mth 2 300 600 Administration Mth 2 300 600 Grievance Committee L/S 0 0 1,000 External Monitor Mth 10 600 6,000 TOTAL 13,700

8.2. Estimated Cost of Resettlement Plan Implementation.

Figures used in estimating the compensation costs for the Resettlement Plan are estimates based on provisional figures for land, houses and crops, which will be revised following a repeated DMS at the design stage. The total estimate for the IRP including the Incremental Administrative Costs determined above is US$ 63,596.

24 Supplementary Appendix H.3

Project MOWRAM Planning and Ministry of Under Secretary of State Interministerial Ministry of National Women’s Coordination MAFF Interior PMO Resettlement MEF MLMUPC MRD Steering Committee & Vet Affairs Committee

MOWRAM Resettlement Unit

Office of Governor

Ex Com Project Ma

PDWRAM

Project Implementation Resettlement PD PD. Women’s Provincial Project PDAFF Unit Sub- Finance PD of PDRD & Vet. Affairs Steering Implementation Committee MLM/Cadastre Committee nagement Organization

Agricultural Subproject O&M including Irrigation Benefit Monitoring Land Rural Development/ Project Resettlement Components/ Support support to FWUCs Infrastructure and Evaluation Management Anti-Poverty initiatives Activities

25 Supplementary Appendix H.3

Table 8.2 assumes: (1) that farmers are able to harvest crops, mainly rice and some vegetables, prior to construction works or the increase in reservoir surface area, and that therefore no compensation is paid for lost crops; (2) that farmers cultivating in the reservoir area will continue to be able to cultivate on this land on a regular basis, now controlled by with project reservoir management, for at least four months of the dry season. These assumptions and costings will be the subject of detailed study and consultation at the design stage, which will also reflect any benefits to farmers from permanent access to land and dry season irrigation in the reservoir area. Table 8.2 – Estimate Of Compensation Costs

Unit Avg/Unit Unit Rate Quantity TOTAL Remarks AP Households 1 Disruption Allowance No. 1 40.00 189 7,560

Households Households – Vulnerable Groups 2.1 Female-headed H/holds No 1 20.00 24 480 2.2 Disabled-headed H/hold No 1 20.00 5 100 2.3 H/holds

Land 3.1 Residential/Commercial M2 - 3.2 Agricultural( Ha. - 400.00 91 36,400 3.3 Farmland tenancy - 3.4 Ponds M2 - - - - Structures: houses 4.1 Type 1 M2 4.2 Type 2 M2 4.3 Type 3 M2 - - - - 4.4 Type 4 M2 - -

Annual Crops 5.1 Rice Ha. 1 - - - 5.2 Vegetables Ha. 1 - - - 5.4 Sugar Cane M2 1 - - -

Perennial Crops / Trees 6.1 Mango No - - - - 6.2 Coconut No - - - - 6.3 Sugar Palm No - - - - 6.4 Tamarind No - - - - 6.5 Bamboo No. - - - - 6.6 Banana No. - - - - Other Assets 7.1 Wells No - - - - 7.2 Fences M - - - - 7.3 Graves No - - - -

Community Assets 8.1 Meeting Areas No - - - - 8.2 Utilities No - - - - 8.3 Clinic, Schools, etc No - - - - 8.4 Temples No - - - - Sub-Total 45,360 10% Contingencies 4,536 Administration Costs 13,700

Total IRP Costs 63,596

26 Supplementary Appendix H.3

9. Implementation Schedule.

Initial Identification of APs, consultation, DMS and socio-economic survey were completed for purposes of the draft Indicative IRP in August/September, 2002. Final DMS, Identification of APs, further consultation and compensation for affected land and structures and payment of allowances will be conducted immediately following detailed design and the setting out of the canal and reervoir area. A final RP based on these studies and on the identification and registration of APs will be concluded three months prior to the commencement of works on the headworks structure and canal. All relocation and compensation will be concluded prior to the commencement of works.

10. Monitoring and Evaluation

The RU in MOWRAM Project Management Office (PMO) is responsible for internal monitoring and evaluation. The RU has been assisted to establish a database on the EXCEL and ACCESS system in the PMO under the ADB Capacity Building Project, primarily to store benchmark data from the cadastral survey and socio-economic survey but with the potential to store environmental and social impact data for use in project M&E and future project selection and design. A single independent non-governmental agency will be appointed to conduct external monitoring of all projects in the North West Irrigation Sector Project throughout its six year duration. The terms of reference provided as part of their contract, which include a baseline Knowledge, Attitude, Response and Experience survey, observational and focus group monitoring, are attached in Appendix J.2.3. The monitor will conduct a follow up evaluation survey eight months after implementation and during years 3 and 5. The external monitor has been instructed to make a specific study of the implementation and effectiveness of compensation and income restoration measures. A feedback mechanism has been required in the RU and the external monitor’s reporting on IRP implementation, especially for purposes of reporting to MOWRAM PMO, the IRC and to the Provincial Resettlement Sub-Committee on the implementation and effectiveness of compensation, relocation and livelihood restoration procedures. The external monitor will pay particular attention to gender mainstreaming and to the situation of vulnerable groups following compensation and other measures for livelihood restoration. Resettlement Monitoring and Evaluation will constitute part of Project Benefit Monitoring and Evaluation, the terms of reference for which are set out in the Appendix to the Institutions Section, under the supervision of MOWRAM PMO

27