Resettlement Plan for Medium City Traffic Construction Project of Anhui Province
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RP825 V1 World Bank Financed Project Public Disclosure Authorized Resettlement Plan for Medium City Traffic Construction Project of Anhui Province Public Disclosure Authorized (Summary Report) Public Disclosure Authorized Public Disclosure Authorized July 2009 Final Report of Resettlement Action Plan for World Bank Financed Medium City Traffic Construction Project of Anhui Province Terms and Definitions I. Displaced persons 1. Displaced persons (DPs) may be classified in one of the following three groups by eligibility for compensation: A. those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); B. those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and C. those who have no recognizable legal right or claim to the land they are occupying. 2. Persons covered under para. 2(A) and (B) are provided compensation for the land they lose, and other assistance. Persons covered under para. 2(C) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date1 established by the borrower and acceptable to the Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in para. 2(A), (B), or (C) are provided compensation for loss of assets other than land. II. Compensation and resettlement measures 3. A resettlement plan or a resettlement policy framework that covers the following should be prepared in order to solve or eliminate the involuntary taking of land resulting in: (i) relocation or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location: A. The resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost2, for losses of assets attributable directly to the project. B. If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are: (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. 1 Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. 2 "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. 1 Final Report of Resettlement Action Plan for World Bank Financed Medium City Traffic Construction Project of Anhui Province C. Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are: (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standard of living; and (ii) provided with development assistance in addition to compensation measures described in paragraph 4(A)(iii), such as land preparation, credit facilities, training, or job opportunities. 4. Cut-off date: In the project, this date means the date of publication of the land acquisition and demolition notice. After this date, the DPs shall not build, expand or rebuild any house; not alter the use of any house and land; not lease or land lease or deal with any house; and people flowing in after this date will be ineligible as DPs. III. Vulnerable groups The vulnerable groups in the project refer to those below the poverty line, the elderly, women, the disabled, ethnic minorities, etc., to which particular attention will be paid in the project. IV. Definitions of house structures Frame structure: reinforced concrete beams and columns, partitioned with light sheets such as aerated concrete, expanded perlite, float stone and vermiculite; flat roof, with canopy, doors and windows, cement terrace, with water, electricity and sanitary facilities Composite structure: reinforced concrete beams and columns, solid brick wall; flat or tile roof, with canopy, doors and windows, coated wall surface, cement terrace, with water, electricity and sanitary facilities Masonry-timber structure: wooden roof truss, cement or wooden purlin; single or double rowlock wall, flat tile roof, with canopy, doors and windows, cement terrace, with water and electricity facilities Simple structure: bamboo substrate, grass, tile or asbestos tile roof; earth or brickbat wall, simple plastering, earth terrace, incomplete and irregular doors and windows, with electricity 2 Final Report of Resettlement Action Plan for World Bank Financed Medium City Traffic Construction Project of Anhui Province Contents 1 PROJECT BRIEF INTRODUCTION...................................................................................1 1.1 PURPOSE OF THE PROJECT ...........................................................................................1 1.2 PROJECT COMPOSITION ................................................................................................1 1.3 MEASURES TO REDUCE RESETTLEMENT .........................................................................4 1.4 IDENTIFICATION OF ASSOCIATED PROJECTS ....................................................................4 2 PROJECT IMPACTS ..........................................................................................................5 2.1 PROJECT IMPACT SURVEY .............................................................................................5 2.2 AFFECTED AREAS .........................................................................................................5 2.3 PROJECT IMPACTS ........................................................................................................6 2.3.1 Affected population.................................................................................................6 2.3.2 Permanent acquisition and temporary occupation of collective land .....................8 2.3.3 Permanent occupation of state land.....................................................................11 2.3.4 Demolition of residential houses ..........................................................................11 2.3.5 Demolition of nonresidential houses ....................................................................12 2.3.6 Vulnerable groups ................................................................................................16 2.3.7 Ground annexes...................................................................................................16 3 SOCIAL AND ECONOMIC OVERVIEW OF THE AFFECTED AREAS ..........................18 4 LEGAL FRAMEWORK AND POLICY OBJECTIVES......................................................22 4.1 POLICY FRAMEWORK...................................................................................................22 4.2 MAIN PRINCIPLES ........................................................................................................23 4.3 SUMMARY OF PROJECT POLICIES .................................................................................24 4.3.1 Acquisition of collective land and resettlement ....................................................24 4.3.2 Permanent occupation of state land.....................................................................25 4.3.3 Demolition of residential houses and resettlement ..............................................25 4.3.4 Demolition of nonresidential houses and resettlement ........................................27 4.3.5 Special facilities and ground annexes..................................................................28 5 COMPENSATION CRITERIA...........................................................................................29 5.1 COMPENSATION CRITERIA FOR ACQUISITION OF RURAL COLLECTIVE LAND ......................29 5.2 COMPENSATION CRITERIA FOR PERMANENT OCCUPATION OF STATE LAND ......................32 5.3 DEMOLITION OF RESIDENTIAL HOUSES..........................................................................32 5.3.1 Compensation criteria for demolition of urban residential houses.......................32 5.3.2 Compensation criteria for demolition of rural residential houses .........................33 5.4 COMPENSATION CRITERIA FOR DEMOLITION OF