Safeguards Due Diligence Report
Project Number: 42203 - 025
November 2020
Lao People’s Democratic Republic: Northern Rural Infrastructure Development Sector Project – Additional Financing
Houay Bong Irrigation Subproject
Prepared by the Ministry of Agriculture and Forestry for the Asian Development Bank.
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GRANT No. 0534-LAO (SF) LAO PDR
Ministry of Agriculture and Forestry Department of Planning and Cooperation
Northern Rural Infrastructure Development Sector Project Additional Financing
Final Land Acquisition and Mitigation Due Diligence Report
Houay Bong Irrigation Subproject Bokeo Province
November 2020
Nippon Koei Co., Ltd. in association with Lao Consulting Group Co., Ltd. NRI-AF LAMDDR Houay Bong PRI Subproject
TABLE OF CONTENTS
EXECUTIVE SUMMARY 1 1. INTRODUCTION 4 1.1 Project Status 4 1.2 Phase II Land Acquisition and Compensation Background 4 1.3 Objective of the DDR 5 2. PROJECT DESCRIPTION 6 2.1 Northern Rural Infrastructure Development Sector Project – Additional Financing 6 2.2 Houay Bong Productive Rural Infrastructure Subproject 6 3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 10 3.1 Loss of Private Land 10 3.2 No Physical Displacement 11 4. SOCIO-ECONOMIC INFORMATION AND PROFILE 11 4.1 Socio-Economic Baseline for Subproject Area 11 4.2 Social Impacts 12 4.3 Socio-Economic Survey of Affected Households 13 4.4 Existing Vulnerable Affected Households 13 4.5 Severely Affected Persons 14 5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 16 5.1 Requirements 16 5.2 Achievements 16 5.3 Villagers’ Feedback on Compensation and Rehabilitation Work 18 6. COMPLAINTS AND GRIEVANCE REDRESS MECHANISMS 18 6.1 Requirements 18 6.2 Grievance Approach 19 6.3 Complaints 19 6.3.1 No Complaints during FS and DED Stages 19 6.3.2 Expected Complaints during Construction Stage 20 7. LEGAL FRAMEWORK 20 7.1 Lao Requirements 20 7.2 ADB Regulations 20 7.3 Agreed Key Principles 21 8. ENTITLEMENT, ASSISTANCE AND BENEFITS 23 8.1 Entitled Affected Persons 23 8.2 Subproject’s Safeguards Conditions 23 8.3 Subproject Impacts and Mitigation 25 8.3.1 Loss of Land and Compensation 25 8.3.1.1 Land Acquisition 25 8.3.1.2 First Compensation Component: Land Titling 25 8.3.1.3 Second Compensation Component: Agriculture Support 27 8.3.2 Loss of Houses and Other Structures 27 8.3.3 Loss of Crops and Trees 27 8.3.4 Loss of Common Property Resources 27 8.3.5 Income Restoration 27 8.4 Benefits 27 9. RELOCATION OF HOUSEHING AND RESETTLEMENT 29 10. INCOME RESTORATION AND REHABILITATION 29 10.1 Allowances 29 10.2 Special Assistance 29 10.3 Complementary Mitigation Measures 30 11. RESETTLEMENT BUDGET AND FINANCING PLAN 30 11.1 Planned Land Acquisition and Actual Compensation Costs 30
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11.2 1st Approach: Compensation or Contribution 30 11.3 2nd Approach: In-kind Compensation - Land-Titling & Agricultural Support 31 11.4 Actual In-kind LAC Budget 31 11.5 Corrective In-cash Compensation Budget 32 12. INSTITUTIONAL ARRANGEMENT 32 13. IMPLEMENTATION SCHEDULE 33 13.1 Subproject Schedule 33 13.2 In-kind Compensation Implementation 35 14. MONITORING AND REPORTING 35 14.1 Internal M&E 36 14.2 External M&E 36 15. CONCLUSIONS AND RECOMMENDATIONS 37 15.1 Conclusions 37 15.2 Completed Compensation and Suggested Start of Rehabilitation Work 37 15.3 Recommendations 38 15.3.1 Integrated Tasks 38 15.3.2 Corrective Action Planning 38
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LIST OF TABLES Table 1: Subproject’s Summary of Affected Assets, Households and Impacts ...... 10 Table 2: Subproject’s Summary of Main Findings of SESAH ...... 15 Table 3: Subproject’s Feedback from Village Consultation Meetings on LARC...... 17 Table 4: NRI-AF Main Steps of Grievance Mechanisms ...... 19 Table 5: NRI-AF Key LARC Objectives...... 21 Table 6: NRI-AF Main Components of Compensation Approaches ...... 22 Table 7: NRI-AF Categories of Entitled Affected People ...... 23 Table 8: Subproject’s Social Safeguards Matrix ...... 24 Table 9: Subproject’s Compensation Components and Costs ...... 25 Table 10: Qualitative Assessment about Compensation Component Land Titling ...... 26 Table 11: Subproject’s Entitlement Matrix ...... 28 Table 12: Subproject’s Compensation Items and their Rates ...... 31 Table 13: Subproject’s Land Acquisition and Compensation Budget ...... 32 Table 14: Subproject Performed and Scheduled LAC Activities ...... 34 Table 15: Subproject’s Implementation Status of Compensation Package ...... 35 Table 16: Subproject’s Performance of Land Titling Compensation Activities ...... 35 Table 17: Compensation Completion Status ...... 38 Table 18: Overview on Land Acquisition, Compensation and Proposed Construction Start ...... 38 Table 19: Recommended Tasks ...... 38 Table 20: Corrective Action Plan ...... 39
LIST OF FIGURES Figure 1: Locations of PRI Subprojects ...... 8 Figure 2: Layout Map of Houay Bong PRI Subproject ...... 9
ATTACHMENT Attachment 1 LARC Fact Finding and Screening Attachment 2 LAC Consultation and Coordination Attachment 3 Survey Results Attachment 4 Survey Documentation Attachment 5 Complementary LAC Documentation Attachment 6 External Monitoring ToR
WEIGHTS AND MEASURES ha - hectare kg - kilogram km - kilometer m - meter m2 or sqm - square meter m3 - cubic meter
CURRENCY EQUIVALENTS (as of 02 November 2018)
Currency unit - LAK is the Lao currency kip $1.00 = LAK 8,548
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SELECTED ACRONYMS
ADB Asian Development Bank AH Affected Household AP Affected Person CA Corrective Action CAP Corrective Action Plan CEF Compensation and Entitlement Form DAFO District Agriculture and Forestry Office DCO District Coordination Office DDR Due Diligence Report DED Detailed Engineering Design DEDC Detailed Engineering Design Consultant DMF Design and Monitoring Framework DLMA District Land Management Authority DMS Detailed Measurement Survey DOI Department of Irrigation DONRE District Office of Natural Resources and Environment DOP Department of Planning of the Ministry of Agriculture and Forestry DPWT Provincial Department of Public Works and Transport DRC District Resettlement Committee EA Executing Agency EMO External Monitoring Organization FHH Female Headed Household FPG Farmers Production Group FS Feasibility Study FSD Feasibility Study Design GIC Grant Implementation Consultants GOL Government of Lao PDR HH Households IA Implementing Agency IOL Inventory of Loss ISbS Irrigation Sub-Scheme Lao PDR Lao People's Democratic Republic LAC Land Acquisition and Compensation LACR Land Acquisition and Compensation Report LAMDDR Land Acquisition and Mitigation Due Diligence Report LARC Land Acquisition, Resettlement and Compensation LFNC Lao Front for National Construction LMA Land Management Authority MAF Ministry of Agriculture and Forestry M&E Monitoring and Evaluation MoNRE Ministry of Natural Resources and Environment MPWT Ministry of Public Works and Transport NLMA National Land Management Authority NPMO National Project Management Office NRIDSP Northern Rural Infrastructure Development Sector Project NRI Northern Rural Infrastructure NRI-AF Northern Rural Infrastructure Additional Financing (the “Project”)
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SELECTED ACRONYMS
NSC National Steering Committee OPWT Office of Public Works and Transport O&M Operation and Maintenance PAFO Provincial Agriculture and Forestry Office PAM Project Administration Manual PBME Project Benefit Monitoring and Evaluation PIU Project Implementation Unit PONRE Provincial Office of Natural Resources and Environment PPME Project Performance Monitoring and Evaluation PPO Provincial Project Office PPSC Provincial Project Steering Committee PPTA Project Preparatory Technical Assistance PRI Productive Rural Infrastructure RCS Replacement Cost Survey RF Resettlement Framework ROW Right of Way RP Resettlement Plan SEBS Socio-Economic Baseline Survey SES Socio-Economic Survey SESAH Socio-Economic Survey of Affected Households SIR Subproject Investment Report SP Subproject SR Safeguard Requirements TA Technical Assistance ToR Terms of Reference VRC Village Resettlement Committee WUA Water Users Association WUG Water Users Group
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DEFINITIONS OF LAND ACQUISITION, RESETTLEMENT AND COMPENSATION RELATED TERMS Affected An affected person indicates any juridical person being as it may an individual, Person (AP) a household, a firm or a private or public institution who, on account of the execution of the Program and its subprojects or parts thereof would have their: (i) Right, title or interest in any house, land (including residential, agricultural and grazing land), water resources or any other fixed or moveable asset acquired, possessed, restricted or otherwise adversely affected in full or in part, permanently or temporarily; and/or (ii) Business, occupation, place of work or residence or habitat adversely affected, with or without physical displacement; or, (iii) Standard of living adversely affected. Cut-off date This refers to the date that establishes the eligibility of affected persons. To be consistent with previous projects under the Ministry of Agriculture and Forestry, the cut-off date for this project coincides with the completion of the census of affected persons after the Provincial Coordination Unit officially informs the public about the Project and its locations. Anyone who occupies or encroaches into the defined boundaries of the Project area after the cut-off date will not be compensated for affected assets and incomes. Compensation Payment made in cash or in kind to APs at replacement cost for assets, resources and/or sources of livelihood and income acquired or adversely affected by the project. Indigenous A distinct, vulnerable, social and cultural group possessing the following Peoples characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. For the Lao context, the term Ethnic Group is used rather than IP. Involuntary The SPS (2009) considers resettlement involuntary when the displaced Resettlement persons have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation. Land The process whereby an individual, household, firm or private institution is Acquisition compelled to alienate all or part of the land s/he/it owns or is in the process of getting ownership of in favor of the government for the Project in return for compensation at replacement cost. Rehabilitation The process to restore income earning capacity, production levels and living standards in a longer term. Rehabilitation measures are provided in the entitlement matrix as an integral part of the entitlements. Relocation The physical displacement of an AP from her/his pre-project place of residence and/or business. Replacement The amount in cash or in kind needed to replace lost assets at the time of Cost payment of compensation, including cost of transactions. If land, it means the cost of buying a replacement land near the lost land with equal productive potential and same or better legal status, including transaction costs. If structures, the replacement cost is the current fair market price of building materials and required labor cost without depreciation or deductions for salvaged building material or other transaction cost. Market prices will be used for crops, trees and other commodities.
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DEFINITIONS OF LAND ACQUISITION, RESETTLEMENT AND COMPENSATION RELATED TERMS Resettlement Resettlement Plans (RPs) are time-bound action plans with budget setting Plans out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation. Resettlement Refers to all physical and socioeconomic displacements and various measures provided to DPs or AHHs to mitigate all adverse impacts of the project, including compensation, relocation, and rehabilitation as needed. Severely This refers to Affected (a) AHs adversely impacted by the project, who will (i) lose 10% or more of Households their total productive assets (generating income); and/or (ii) have to relocate. (b) AHHs non-adversely affected who will lose over 30% of total irrigated land holding (in command area) as less than this level of impact is still comfortably within the modelled financial benefit of irrigation where net farm incomes increase on average by over 70%. Voluntary Land Voluntary Land Contribution refers to households voluntarily giving part of Contribution their land for the use of the project in exchange for direct and significant benefits for their household income and livelihoods. The important principles in the process are informed consent and power of choice. Informed consent means that the person involved is fully knowledgeable about the project and its implications and consequences and freely agree to participate. Power of choice means that the person involved has the option to agree or disagree with the land contribution, without adverse consequences being imposed formally or informally by the state. The HH is prepared to provide the land in exchange for securing project benefits without requesting any compensation for loss of land, or any other support/assistance. Voluntary Land Voluntary Land Donation refers to voluntary contribution to the Project Donation through donation of lost land of AH without requesting any (i) compensation for loss of land; and (ii) support/assistance for which they would be entitled. Voluntary donation of land shall be allowed under the following criteria: (i) The impacts are marginal (based on percentage of loss and minimum size of remaining assets); (ii) Impacts do not result in displacement of households or cause loss of household’s incomes and livelihood; (iii) The households making voluntary donations are direct beneficiaries of the project; (iv) Land donated is free from any dispute on ownership or any other encumbrances; (v) Consultations with the affected households is conducted in a free and transparent manner; (vi) Land transactions are supported by transfer of titles; and, (vii) Proper documentation of consultation meetings, grievances and actions taken to address such grievances is maintained. For sub-projects with voluntary land donation, an independent external party will be engaged to verify that land acquisition follows the principles and procedures set for the Project. Vulnerable These are distinct groups of people who might suffer disproportionately or Groups face the risk of being further marginalized due to the project and specifically include: (i) female-headed households with dependents; (ii) household heads with disabilities; (iii) households falling under the national poverty households; (iv) elderly headed households who have no other means of support; and (v) landless.
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EXECUTIVE SUMMARY Subproject 1. The Northern Rural Infrastructure Development Sector Project - Additional Financing (NRI-AF) is grouped in 4 phases with 22 irrigation subprojects. This Land Acquisition and Mitigation Due Diligence Report (DDR) concerns the subproject Houay Bong located in Bokeo Province, which is one of seven subprojects of phase II.
2. Houay Bong PRI Subproject is composed of 5 irrigation sub-schemes of i) Houay Mouak, ii) Houay Kin, iii) Houay Khong 1, iv) Houay Khong 2, and v) Houay Neuam. These 5 irrigation sub-schemes are located scattered by each other within a straight distance of 16 km to the north, 6 km to the south, and 11 km to the west from Pha Oudom district center. The subproject development plan for the 5 irrigation sub-schemes includes rehabilitation and construction of irrigation infrastructure. The Houay Bong PRI Subproject aims to increase the effective irrigated crop area from from 154 ha to 216 ha. The cropping system that will be introduced to maximize the use of irrigation water will be rice during the wet season and rice and other commercial crops during the dry season. The Project will also deliver productivity and impact enhancement initiatives.
Context 3. Based on the proposal made by the ADB Review Mission in December 2019 for an in- kind compensation containing both land titling and agricultural compensations, the NPMO and GIC elaborated on this approach as requested in the Aide Memoire (24 Dec. 2019). This in-kind compensation approach was presented ADB in LRM on 16 Jan. 2020.
4. As the implementation of this compensation started before clearance of the Revised Final Updated LACR a Due Diligence Report (DDR) is required. Main reasons for this DDR is to update the status of the latest Revised Final Updated LACR, to elaborate on safeguards aspects, verify the progress of compensation and mitigation measures, and to make recommendations and draw conclusion, so that the Land Acquisition and Mitigation Due Diligence Report (LAMDDR) can be approved and construction work start. Corrective activities have been proposed in an action plan, which can be carried out during construction phase.
Main Findings 5. The phase II is to be commended for becoming a transition period of the NRIAF. The approach within phase II was adjusted, as the already completed voluntary contribution has not been accepted by ADB on 20 Nov. 2019, and an in-kind compensation has been proposed and is currently implemented. Through this compensation approach it provides the change from voluntary land contribution in phase I to in-cash compensation to be applied for phases III and IV as agreed between ADB and MoF as contract partners in agreement with MAF and NPMO as executing agency.
6. The table below highlights main findings and interpretations of the LAMDDR exercise.
Due Diligence Main Findings No. Key Topic and Items 1 Scope of Land Requirement and Resettlement 1.1 This concerns 2,592 sqm private productive land owned by 6 AHs. The loss of private productive land ranges between 1.7% and 2.9% of the owners’ total productive land with an average of 2.1% for all AHs. No physical displacement. 1.2 Related survey data (DMS, SESAH) are documented and completed in a satisfactory way through a detailed and summarizing IOL table and analyzing SES tables. Action ➢ Not required.
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Due Diligence Main Findings No. Key Topic and Items 2 Status of 6 Affected Households 2.1 Through examination of the vulnerable status of AHs, the due diligence confirms that there are no affected households who will become vulnerable because of the subproject’s rehabilitation works for the irrigation sub-schemes. 2.2 There are no severely AHs, because they (i) will not be relocated, as there are no cases of loss of residential land or structure, and (ii) will not lose 10% or more of their productive assets (income generating). 2.3 As part of the due diligence investigation, the six categories of vulnerable households as listed in the RF have been reviewed. ▪ There are no (i) female headed households with dependents, (ii) disabled household heads, (iii) children and the elderly households who are landless and with no other means of support, (iv) landless households. ▪ There are 6 Lao-Thai AHs, but without marginalization in their villages, and no disadvantages or privileges for them in their communities. They participate in the subproject as all other benefiting farmers. ▪ Applying recent Decree 348 on the criteria for poverty graduation and development dated 16 Nov 2017, in relation with available village lists and complementary SESAH results, a re-grouping leads to 1 poor AH. Decree 348 requires explicitly that local authority shall identify an average income in alignment with the real situation of the villages. This has not been considered for this re-grouping, so that a verification through use of updated village-provided data has been proposed in the CAP for 1st Half 2021 to verify for the AHs the six criteria on graduation of families as defined by Decree 348. Action ➢ ADB, Do/NPMO, GIC: Discussion about SES data in relation with mitigation measures. 3 Consultation & Participation 3.1 Since May 2017, there has been a continuous disclosure of information, consultation and participation of residents of benefitting villages including AHs. 3.2 Villagers are informed about a set of topics including safeguards aspects and can actively participate in subproject matters, such as design, compensation and others. 3.3 Villagers are very supportive to the subproject. AHs even agreed in replacing their agreed voluntary land contribution by the offered in-kind compensation, although (i) their paramount interest is the urgent rehabilitation of the irrigation schemes and not the type of compensation, and (ii) a delay of construction start. 3.4 Public LAC consultation has been properly documented. The CAP proposes the preparation of an updated PIB and distribution to AHs during construction stage. 3.5 During FS and DED stage no complaints were issued. Any item requesting explanation were clarified in public and individual meetings. On an individual basis, this has also been achieved partly through a more direct-action approach to quickly address any item while avoiding formal procedures. This might change during construction stage. Action ➢ IA and GIC: Continuing consultation at community and individual AH level, but in a sensitive and efficient way: only required meetings and to avoid disturbance for villagers. 4 Entitlement, Assistance and Benefits 4.1 The compensation measures for all 6 AHs cover through land titling the loss of affected land, so that no complementary compensation through agricultural support has been required. A matrix provides an overview with details for each AH on value of land and compensation. Individual agreements with AHs have been achieved and are documented. 4.2 The provision of land title to AHs is an upgrading of the ownership status compared with their current land use certificate. This component conforms with ADB SR2 requirements where upgrading of ownership by land titles is not explicitly mentioned. This component supersedes the requirements of the RF, where no obligation is included towards such improvements of land ownership status. The subproject supports issuance of not only (i) permanent land titles by PONRE/DONRE but also (ii) agricultural land booklet/certificates by PAFO/DAFO. However, the NRI-AF provides to all landowners of irrigation sub-schemes land titles based on the same technical approach. Therefore, there are same related benefits for both affected and not affected landowners. Subsequently, the land titling should not be used as a compensation component, and a corrected in-cash payment included instead.
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Due Diligence Main Findings No. Key Topic and Items 4.4 Income restoration and rehabilitation: ▪ The subproject does not cause additional vulnerability to any household. ▪ There are no distinct groups of people who will suffer disproportionately or would face the risk of being marginalized or further marginalized due to the subproject. ▪ There are no severely AHs as there are (i) no cases of a loss of 10% or more of total productive assets (generating income) of a household; and/or (ii) no cases of relocation. ▪ The current socio-economic status of AHs will not be changed during the pre- construction or construction stage. This means, that the existing status concerning both non-vulnerable and vulnerable AHs will not change for the worse during construction stage. There are no cases, where AHs would be economically displaced during construction stage. ▪ The subproject infrastructure rehabilitation is perhaps unique in that it will cause no adverse impacts on livelihood. Against the above criteria, the subprojects’ rehabilitation of irrigation sub-schemes do not cause any new cases of severely affected AHs or vulnerable AHs. There is no need to bridge a gap covering period of vulnerability to manage livelihood. Therefore, the entitlement conditions of the RF are not triggered and no special assistance to socially or economically vulnerable households would be required. Action ➢ Land titling component: Has been completed. Corrected compensation approach to apply under CAP: In-cash compensation = value of affected land – value of received in kind agricultural support. ➢ Agricultural component: No action, as this component does not apply. Therefore, the compensation approach equals in-cash compensation of the value of acquired land. ➢ Income restoration: Clarification about applicability of vulnerability criteria for special assistance under the subproject specific conditions. 5 Implementation 5.1 Budget: ▪ The calculations of costs are based on IoL using DMS and SESAH data. ▪ Unit rates are documented, and refer to local authorities, calculations or experience from NRIAF, NRI and/or other projects in the province. AHs agreed on values of lost land. 5.2 Institutional Arrangements: ▪ The basic institutional set-up of NRI-AF remains unchanged and relates also to NRI. ▪ New implementation and delivery mechanisms have been established for in-kind compensation. ▪ The knowledge about safeguards within EA and IA has increased, their LAC planning capacities improved, and they gained LAC implementing experience. 5.3 LAC Schedule: ▪ Changing from the completed compensation approach voluntary land contribution (Nov. 2019) to the new in-kind compensation approach which started in January 2020. ▪ The land acquisition and in-kind compensation has been completed. 5.4 Civil Works (rehabilitation/construction): ▪ Contractor could be mobilized, however there has been a delay. ▪ 4 irrigation sub-schemes: No AHs, so civil work can start immediately ▪ 1 irrigation sub-scheme: 6 AHs compensated, so that civil works can start immediately. 5.5 M&E: ▪ Internal M&E: Procedures are established. ▪ External M&E: Continuing independent monitoring. Action ➢ NPMO/NPMO/PPO/DCO/GIC: Start of civil construction works. ➢ M&E: conducting performance and compliance monitoring and reporting.
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1. INTRODUCTION
1.1 Project Status 7. The Northern Rural Infrastructure Development Sector Project - Additional Financing (NRI-AF) is grouped in 4 phases with 22 irrigation subprojects with the following status as of August 2020:
• Phase I: Two (2) subprojects: - Feasibility Study (FS) and Detailed Engineering Design (DED) were prepared. - Land acquisition through voluntary land contribution completed. - Rehabilitation of irrigation sub-schemes completed. - Ongoing operation. • Phase II: Seven (7) subprojects: - FS and DED are completed for all 7 subprojects (SPs), namely SP 01 Nam Hao, SP02 Nam Tong, SP 03 Nam Ngene 2, SP04 Houay Xo 2, SP 05 Houay Bong, SP 06 Nam Sa, and SP07 Nam Lue-Nam Chang. - Land acquisition and compensation (LAC) through in-kind compensation (described in Chapter 8) has been completed for all 7 subprojects between May 2020 and October 2020 including this Nam Hao subproject. - Construction work could start for all 7 subprojects. The SPs 01 to 03 and 05 have completed setting out works by contractors for rehabilitation activities. For SPs 06 and 07 a retendering is undertaken. • Phase III: Seven (7) subprojects: - FS and DED are completed. This includes LAC reports at FS stage. - DED related LAC will consult the villages and carry out surveys (detailed measurement survey (DMS), socio-economic survey of affected households (SESAH)) and will apply in-cash compensation for affected private assets. • Phase IV: Six (6) subprojects: - The FS preparation is ongoing. - LAC will consult the villages indicating the in-cash compensation and carry out surveys (DMS, SESAH) at DED stage as required.
1.2 Phase II Land Acquisition and Compensation Background 8. At FS stage the 7 LAC reports have been approved by the Asian Development Bank (ADB) as of 29 February 2019.
9. At DED stage, three rounds of preparation and submission of seven LAC reports for the subprojects took place between September 2019 and April 2020. This led to three reviews by ADB and comments between November 2019 and April 2020.
10. Since the start of LAC work in 4th quarter 2017 for phase II and in parallel with the LAC reports preparation and reviews, there has been a continuous discussion between ADB, Department of Irrigation (DoI), National Project Management Office (NPMO) and Grant Implementation Consultants (GIC) about the types of land acquisitions and related safeguards aspects. The latest LACRs were not accepted in April 2020 by ADB.
11. With regard to land acquisition and compensation, this led to:
(i) Land requirements and compensation was generally discussed during FS stage. During DED stage, land contribution was discussed with affected households (AHs). Land contribution was agreed with all affected landowners in August
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2019. On request of ADB it was also re-confirmed during this fieldwork that the Compensation Entitlement Forms (CEFs) were applied correctly. This approach on land contribution for productive land was agreed in a meeting on 16 November 2017 by ADB (NRIAF safeguard officer), NMPO and GIC and has been based on ADB's explanation about the difference between land donation and land contribution.
(ii) However, ADB did then not accept the principle of land contribution (20 November 2019) and asked for compensation payment instead. ADB also offered that should there be a need to change the financing allocation to cover resettlement costs, then NPMO should submit a request to ADB. Meanwhile the use of grant funds has been confirmed to finance resettlement expenditures, however with priority for phase III and IV.
(iii) Based on the proposal made by the ADB Review Mission in December 2019 for an in-kind compensation package containing both land titling and agricultural compensations, the NPMO and GIC elaborated on this approach as requested in the Aide Memoire (24 Dec. 2019). This was presented to ADB in LRM on 16 January 2020 leading to the agreed understanding by NPMO and GIC with ADB that this compensation approach can be applied. In addition, there was no objection from the bank in this matter.
(iv) Therefore, the in-kind compensation has been planned and prepared, AHs consulted and approved between early January and mid-April 2020 by implementing and executing agencies. Provision of compensation through land titling has been completed in 2nd quarter 2020.
1.3 Objective of the DDR 12. As the implementation of the in-kind compensation started before ADB's approval of the revised and final updated LACR, a Due Diligence Report (DDR) is required. Main reasons for this DDR are: (i) to update the status of the latest Revised Final Updated LACR; (ii) to elaborate on safeguards aspects, including verifying the progress of compensation and mitigation measures, and; (iii) to make recommendations and draw conclusions, so that the DDR can be approved and construction work start. A Corrective Action Plan (CAP) has been proposed containing some required actions. A CAP can be implemented in parallel with construction work.
13. The aim of the DDR is to assess the adequacy of the LACR implementing activities, and to identify any outstanding social risks associated with the subproject, thereby satisfying the Project’s Resettlement Framework. The due diligence review aims to (a) identify past or present concerns related to impacts on involuntary resettlement (physical or economic displacement); (b) determine whether actions were in accordance with ADB’s principles and requirements; and (c) elaborate remedial actions if required.
14. It has been agreed among the participants from ADB and GIC in the 3rd technical conference on 27 June 2020, that a DDR should be firstly prepared for one or two subprojects in order to work efficiently and to avoid duplications of efforts for the preparation of the remaining 6 DDRs of the other subprojects including the Houay Bong subproject.
15. The content of the DDR is oriented towards the technical chapters of the LACR. However, it includes a new first “chapter 1 Introduction” and a new last “chapter 15 Conclusions and Recommendations”. In addition, the technical sections 2 to 14 combine the description of planned and actual situations with due diligence reviews.
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2. PROJECT DESCRIPTION
2.1 Northern Rural Infrastructure Development Sector Project – Additional Financing 16. The Northern Rural Infrastructure Development Sector Project - Additional Financing (NRI-AF) main aim is to provide the rural community with access to and participation in the market economy. This is to be realized through the increase in incremental production in saleable commodities and promotion of agricultural productivity. NRI-AF has four main outputs:
(i) Production and productivity enhancing rural infrastructure constructed and/or rehabilitated. (ii) Productivity and impact enhancing initiatives adopted. (iii) Capacities of national, provincial and district agencies strengthened to enable a sector development approach. (iv) Project managed and subprojects delivered efficiently and effectively.
17. Considering satisfactory project implementation progress, the Government requested for additional financing. This was investigated during the project midterm review in April 2014 and in more detail during the ADB review mission in November 2014. The additional financing was approved by the ADB on 31 May 2017 for $35.6 million and became effective on 26 July 2017. The government of Lao PDR will contribute $2.0 million equivalent towards the project’s estimated total cost of $37.6 million. It will cover construction, rehabilitation and/or improvement of rural roads and irrigation systems intended to bring socio-economic benefits to rural communities. It will entail: (i) an increase in the total number of productive rural infrastructure (PRI) subprojects to be implemented; and (ii) extension of rural infrastructure activities into Oudomxay Province which originally was provided only with agricultural extension activities. The indicative number of additional PRI subprojects totals 22 with four in Oudomxay Province and six each in the other three provinces Bokeo, Luang Namtha, and Phongsaly. Although it is expected that 22 PRI subprojects will be implemented, a list of 30 PRI subprojects will be identified in case a proposed PRI subproject will be found not feasible during the feasibility study process. The map in Figure 1 shows the 4 project provinces with its PRI subproject districts.
2.2 Houay Bong Productive Rural Infrastructure Subproject 18. The Houay Bong PRI subproject was initially proposed as part of the shortlist of potential subprojects by the province through the provincial planning process which is based on the provincial five-year economic development plan.
19. The PRI subproject development plan was examined in view of (i) beneficiary needs, (ii) economical and technical viability, and (iii) climate resilience. The proposed Houay Bong PRI subproject development plan for the 5 irrigation sub-schemes has reviewed the technical requirements i) replacement/rehabilitation of weir, ii) upstream and downstream erosion protection of the weir, iii) construction of fish pass at the weir, iv) improvement of main/secondary canal as well as construction of new canals, and v) rehabilitation of O&M of irrigation facilities. The final detailed engineering designed infrastructures of the subproject is described in (see Attachment 1.3).
20. The total PRI subproject command area is 310 ha, out of which, 50 ha for Houay Mouak, 70 ha for Houay Kin, 68 ha for Houay Khong 1, 67 ha for Houay Khong 2, and 55 ha for Houay Neuam irrigation sub-scheme. The PRI subproject aims to increase the effective irrigated crop area from 154 ha to 216 ha. The cropping system that will be introduced to maximize the use of irrigation water will be rice during the wet season and rice and other commercial crops during the dry season.
6 NRI-AF LAMDDR Houay Bong PRI Subproject
21. Houay Bong PRI Subproject is composed of 5 irrigation sub-schemes of i) Houay Mouak, ii) Houay Kin, iii) Houay Khong 1, iv) Houay Khong 2, and Houay Neuam. These 5 irrigation sub-schemes are located scattered by each other within a straight distance of 16 km to the north, 6 km to the south, and 11 km to the west from Pha Oudom district center. All the sub-schemes are accessible via laterite road by all types of vehicle only during the dry season.
22. Besides the irrigation improvement, productivity and impact enhancement initiatives will be delivered by the Project. These initiatives will comprise compulsory and optional initiatives. The compulsory initiatives will include (i) support for Water Users’ Groups (WUGs) established to operate and maintain the rehabilitated irrigation facilities; and (ii) water catchments identification and zoning. Establishment of a WUG includes formulation of WUG rules, roles and regulations, WUG registration and WUG capability development. The WUG capacity building will focus on WUG management, WUG financial management and irrigation system O&M training, further strengthening to be a WUGA, an active association for enabling sustainable marketing of agricultural products. Through consultation with the district office a Catchment Management Plan will be developed for the area upstream of the river. Optional initiatives are also discussed with the beneficiaries during detailed design stage and could be selected from production, post-harvest handling, processing and the development of market linkage initiatives.
23. Figure 2 contains a map showing the layout of the PRI subproject’s infrastructure.
24. The implementation status is described in Chapter 13.
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Figure 1: Locations of PRI Subprojects
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Figure 2: Layout Map of Houay Bong PRI Subproject
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3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
25. The surveys clearly define the loss of private physical assets and detail the number of AHs and APs at confirmed DED stage. This also confirmed that no cases of physical displacement will occur. The Inventory of Loss (IoL) has been prepared under Attachment 3.3.
3.1 Loss of Private Land
26. A Preliminary Measurement Survey (PMS) has been conducted in October 2017 combined with joint transect walks of farmers, village representatives, PPO/DCO staff and consultant along the corridor of impacts to indicate potential loss of private assets and quantifying it directly at the affected location. This has been revised in November/December 2017 followed by a FS final verification in September/October 2018. At DED stage this has been updated through a Detailed Measurement Survey (DMS) in January 2019 and finalized through a final confirmation in September 2019. LARC screening including photos has been prepared in Attachment 1.2 summarizing requirements for acquisition of private land for this PRI subproject.
27. This PRI subproject will involve physical changes through rehabilitation of existing and construction of new irrigation infrastructure. For 1 out of 5 irrigation sub-schemes (Houay Khong 2) land requirements have been confirmed at DED stage. Technical features and number of AHs have prepared under Attachments 1.2 and 1.4.
28. For any temporary site installation and access roads the contractor will have to propose a site installation and access plan and obtain approval by the resident site engineer. Where possible, public land will be used. Through a transparent and contractual approach, the Employer will provide the contractor with the Project’s land acquisition and compensation principles to ensure that (i) official compensation rates are applied, (ii) re-instatement of affected assets contractually defined, (iii) consultation taking place, (iv) grievance mechanism followed, (v) EMP applied, (vi) and other items specified. The Employer will have to monitor this. The item temporary site installation and access roads are covered in the General Conditions of Contract under item 69.
29. There are impacts on productive land, but not on residential land, structures, and trees.
Table 1: Subproject’s Summary of Affected Assets, Households and Impacts Affected Households Type Level of Affectedness Sex of Severity of Head of Affected No Yes of Asset Affected Persons Impact Irrigation Sub-schemes Household
Houay Mouk, Houay Khong 2: 2,592 sqm Houay Kin, Productive 6 male Houay Khong 3 AHs between 1% and <2%; Minor 26 Land headed AHs 1, Houay and 3 AHs between 2% and <3% Neuam Trees None 0 Res. Land None 0 Prim. Structure None 0 Sec. Structure None 0
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3.2 No Physical Displacement 30. As no primary structures are affected, there is no requirement for physical relocation of households.
31. There is also no impact on community resources including their access and use for villagers.
32. In this context can be noted that the loss of private agricultural land is minor and does not lead to socio-economic displacement of AHs. This is described in detail in Chapter 8.
4. SOCIO-ECONOMIC INFORMATION AND PROFILE
4.1 Socio-Economic Baseline for Subproject Area 33. The information of this Chapter 4.1 has been extracted from the Social Impact Assessment (chapter 4.1 socio-economic conditions) of the approved feasibility study and serves as baseline information of the subproject area.
34. The Houay Bong PRI Subproject is located in Pha Oudom District, Bokeo Province. The Subproject is expected to benefit twelve (12) villages: (i) Nam Gnao; ii) Houay Bong; (iii) Sidonechai; (iv) Haad Lee; (v) Houay Sang, (vi) Hangdoi, (vii) Phonxay; (viii) Phounglath; (ix) Homsouk; (x) Xaysavang; (xi) Nahom; and (xii) Pangthong. The villages are located at the range of 2 to 35 km from Pha Oudom District center and 66 to 85 km from Houaysay District, the provincial capital of Bokeo. Their features can be summarized as follows:
(i) The twelve beneficiary villages have a total of 1,445 households (HHs) composed of 6 different ethnic groups; Lao-Tai 580 HHs (40%) (Tai Lue, Tai Dam and Lao Loum), Mon-Khmer 798 HHs (55%) (Khmou and Lamet), and Hmong-Mien 67 HHs (5%) (100% Hmong). Tai Lue ethnic group, firstly, came to settle in small valleys along the Mekong River and its tributaries from 19th to mid- 20th century. Tai Lue villages such as Xaysavang (1893), Haad Lee (1912) and Sidonechai (1943) were established during the period. Tai Dam people, which also belong to Lao-Tai ethno-linguistic group, set up Phounglath village in 1945. At the end of the 2nd Indochina War, non-Lao-Tai ethno-linguistic groups living along the mountain slopes in Pha Oudom started to move down to the lowland area following the government’s promotion to settle in the lowland area. Khmou villages such as Homsouk, Phonxay and Houay Sang were created from 1975 to 1980. Pangthong, Haad Mouak and Nahom, which are composed of Lamet, Khmou and Lue ethnic groups, were established from 1988 to 1999. Hangdoi, a new Hmong village, was set up in 2006 (ii) Although the different ethnic groups have their own language/dialect, more than 95% of the population of the twelve villages can speak Lao National Language. Among the non-Lao-Tai Ethno-Linguistic Group in the twelve villages, more than 99% of both male and female Lamet people (Mon-Khmer Ethno-Linguistic Group), 93% of male and 92% of female Khmou people (Mon-Khmer Ethno- Linguistic Group), and 88% of male and 86% of female Hmong people (Hmong- Mien Ethno-Linguistic Group) can communicate in the Lao National Language. The different ethnic groups had been living in the area for quite some time and according to interviews, there had been no differences or conflicts among or between ethnic groups. There are existing village Lao Front for National Construction (LFNC) who are very active in representing ethnic groups and are functioning as the grievance and mediation groups for the villages in coordination with village authorities. The LFNC represents the interests of all ethnic groups in village meetings and community development activities. (iii) This PRI Subproject is expected not to affect any of the culture, traditions, beliefs and existing production system in the area.
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(iv) The leaderships of village organizations are dominated by men, although there are women in the memberships. Women are burdened with household responsibilities, work alongside men in agriculture/production activities and share decision-making responsibilities with men. The representation, involvement and participation of women besides the community development activities, should be promoted in the PRI Subproject activities including the associated initiatives. (v) On work distribution for agriculture production works, men are seen to be responsible of many of the activities, especially those that are considered “muscle” or masculine works such as land preparation, irrigation, fertilizer application, hauling/transport and milling. Women are seen to be responsible of planting/transplanting. Most of the agriculture production works are seen to be shared responsibilities such as seed sowing/nursery, pulling seedlings, harvesting, threshing, fish pond management and business (store, buy and sell, trading, etc.). Decision-making responsibilities are considered to be dominated by men or shared by both gender. Decision-making responsibilities such as, budget allocation/utilization, education of children, crops to plant, livestock to raise, equipment to buy, and home appliances to buy are recognized to share by both genders in the subproject area. (vi) Regarding the labor requirement for subproject implementation, the total available labor in the 12 villages is 4,514 persons. The available labor in the villages is substantial to support the labor requirement of the PRI subproject. (vii) Rice sufficiency situation based on the Village Household Masterlist shows that 30% of the total 1,445 HHs are insufficient with rice more than one month, while 70% are either rice sufficient or surplus with rice. Village Agro-Socio-Economic Survey reveals that the total rice production in the 12 villages for the last 3 years (2014, 2015, 2016) had been sufficient for the rice requirement of the population in the beneficiary villages. However, 4 villages of Vangpom, Haad Lee, Houay Sang and Pangthong could not produce enough rice for the requirement of the each village. This is due to the limited irrigated and rainfed lowlands in the villages compared to the other villages. In addition, the population density is relatively high as the PRI subproject area is located nearby the district center. (viii) Based the Village Household Masterlist, 1,075 HHs (or 74%) in the area are classified to be at medium income level, 320 HHs (or 22%) are reported to be poor and 50 HHs (or 3%) are high income category. For the distribution on type of houses, 26% are modern houses made of concrete and iron/tile roofing, 52% are medium houses made of combination of local materials, concrete and iron roofing, and 22% of houses are small ordinary houses made of local materials such as bamboo, wood and grass.
4.2 Social Impacts 35. This PRI subproject will improve the livelihood and living standards of the benefitting villagers ( see Chapter 8.4)
36. The subproject will enable intensification (increased frequency) of cropping in the irrigation sub-scheme areas through increased reliability of irrigation water supply.
37. During its fieldwork the GIC could notice a widespread support for the irrigation sub- schemes amongst those with irrigated land in the scheme demand area, as the improvement of the irrigation facilities will lead to a better livelihood situation in the villages.
38. Those without irrigated land also support the subproject and expressed the need for improved irrigation sub-schemes as it will increase the demand for farm labor and there will also be employment opportunities from the construction.
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4.3 Socio-Economic Survey of Affected Households 39. The 6 AHs have been surveyed through a household questionnaire in order to describe their socio-economic features. No other sources were used. The interviewed AHs participated in this survey, as they were explained before the start of surveys and in public village meetings, that this is a requirement of both GoL and ADB. They were also informed that the survey results will not only describe the general socio-economic situation of the AHs, but also find out the prioritized access of vulnerable AHs to subproject associated initiatives and other support measures.
40. These 6 AHs were surveyed in December 2018 and results again verified in August 2019 (see also Attachment 3.1 to 3.3). The main results as summarized in Table 2. which provides an overview about key-topics in relation with LARC aspects as collected during fieldwork through DMS, IOL SESAH, public consultation, and meetings by PPO, DCO and GIC.
4.4 Existing Vulnerable Affected Households 41. Through examination of the vulnerable status of AHs, due diligence confirms that there are no affected households who will become vulnerable because of the subproject’s rehabilitation works for the irrigation sub-schemes (see also Chapter 8). Decree 348 requires that local authority shall identify an average income in alignment with the real situation of the villages. This has not yet been considered. The DDR used village lists (see Attachment 3-2.2) but not verified yet specifically with local authorities. Thus, it is included as verification action in the Corrective Action Plan (CAP) with 1st Half 2021 as a timeline.
42. The reconciliation of GOL and ADB policies is outlined in the Resettlement Framework (RF) and lists agreed measures to close any policy gaps, including those relating to vulnerable households. As part of the due diligence investigation, the six categories of vulnerable households listed in the RF have been reviewed:
(i) Female headed households with dependents: - No cases, as all 6 heads of AHs are male, not widowed. - There are 6 female spouses. (ii) Disabled household heads: - No cases. (iii) Poor households: - For this criterion, as part of this due diligence exercise the latest Decree 348 on the criteria for poverty graduation and development dated 16 Nov 2017 has replaced the previous Decree 309 on poverty classification and development, 14 Nov. 2013. Decree 348 raises the cash income level to 467.000 LAK/month/capita, compared with 180.000 LAK/month/capita for rural areas and 240.000 LAK/month/capita for urban area both defined in Decree 309. It should be noted that the LACR used the higher Decree 348 value to define income poverty. - Re-grouping the monetary income of 6 AHs changes the number of poor AHs from 2 to 3. - However, Decree 348 requires explicitly that the local authority shall identify an average income in alignment with the real situation of the villages. This has not been considered for this re-grouping. - As part of the due diligence investigation the available names of AHs were compared with available village lists. Three (3) of the 6 AHs were found in these lists and are classified as middle by the local authorities. From the remaining 3 AHs not mentioned in the available village lists 1 AH could be grouped as poor household according to the results of the SESAH. This leads to a current
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estimate of 1 poor AH. This is subject of review as proposed under the CAP. - The AHs meet the criteria on graduation of families from poverty (see also Chapter 10.2): 1. Have safe and strong house. 2. Have assets and equipment necessary for their livelihoods and income generation. 3. Have labour, stable income or employment. 4. School age family members receive lower secondary school education. 5. Have access to clean water and stable sources of energy. 6. Have access to primary public health services. All AHs meet items 1 to 3. For items 4 to 6 all villages depend on local authorities and line agencies to provide services. No cases were found among AHs where their children at school age did not attend school classes, because these would have been unaffordable for these households. (iv) Children and the elderly households who are landless and with no other means of support: - There are no elderly headed AHs. (v) Landless households: - There are no such cases, as all AHs are landowners. (vi) Ethnic groups: All 6 AHs are from the Lao-Thai ethnic group. These AHs informed in general that there is no marginalization of ethnic groups in their villages. Furthermore, they indicated: - No disadvantages or privileges for them in their communities. - No geographically distinct habitats or ancestral territories of importance for them in their village. - Their free access to any cultural, economic, social and political institution. - No differences made between households with regard to (i) access and use of natural resources, and (ii) provision of and connection to irrigation water supply through the subproject as direct beneficiaries of the subproject. - Their equal participation in public meetings. - Their equal procedures applied for all AHs concerning LAC aspects.
4.5 Severely Affected Persons 43. There is no such case to report as the 6 AHs (i) will not be physically displaced (relocation), as there are no cases of loss of residential land or structure, and (ii) will not lose 10% or more of their productive assets (income generating).
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Table 2: Subproject’s Summary of Main Findings of SESAH Key Topics Description Demography • There are 6 male headed affected households (AHs). Heads • All are younger than 65 years. Of • There are no disabled heads of AHs. Affected Household • All are users of the affected land. • There is no widowed head of AH. Spouses • There are 6 female spouses Of • They are all younger than 65 years. Affected • They are no disabled spouses. Household • For AHs with head of household and spouse, the couples regards themselves as owners. • There are 6 Lao-Thai AHs with 26 APs • There is a 50:50% ratio of female and male family members. • Average size is 4.3 members/family. Families Of • About 35% of family members of AHs are younger than 18 years and 0% older than 65 years, with Affected the remaining 65% having an age between 18 and 65 years. Household • Concerning education of female APs, 0% are not yet in the school age, 23% do not have a formal education, and the remaining 77% did/do attend school at different levels. • Concerning education of male APs, 0% are not yet in the school age, 0% do not have a formal education, so that all did/do attend school at different levels. Livelihood Working • Concerning agriculture and livestock all potential economically active family members contribute to Household the income of AHs. Members • Manual labour, salary/wage and handicraft is related more to individual APs. The distribution of income activities by percentages are as follows: • 1st group: 67% and 100% of AHs have livestock and/or do agriculture respectively. Income nd Activities • 2 group: 17% and 33% has also manual labour, salary/wage and/or handicraft as income sources. NOTE: AHs have several income sources of these groups. The ranking applied for occurring cases referring to average amounts of annual incomes are: Importance • 1st group: LAK >10 million/year/AH: salary and agriculture. Of • 2nd group: LAK <10 million/year/AH: livestock, manual labor and/or livestock Income sources • The surveyed AHs have an average monthly income of rounded LAK 2 million/month. • This totals to an annual income of rounded LAK 23.7 million/year. • As average, there calculates for all 6 AHs a rounded 456.400 LAK/person/month. Based on the income information as provided by the surveyed head of households 50% would be below the minimum of million 5.6 LAK/person/year averaging to about 467.000 LAK/person//month. Social Status NOTE: Decree 348 on the Criteria for Poverty Graduation and Development, Chapter, Item 2-5: “Having an average income over 5,6 to 7,2 million kip/person/year or approximately 700 to 900 USD/person/year (local authority shall identify an average income in alignment with the real situation of the villages)”. Acquisition of Assets and Compensation • The AHs live in their villages since 38 years on average. • The AHs use their land since 35 years on average Land Use • They have 1.8 residential compounds on average. • They cultivate on average 1.7 plots with a calculated area of rounded 1.26 ha/plot. • AHs informed that they do not expect severe impacts for their HHs as they regard the portion of their affected land as minor, which will be used for the proposed rehabilitation and/or construction of infrastructure. • All heads of AHs and spouses regarded themselves as owners of the land. Acquisition • Concerning affected productive land 100% of the AHs have ownership proving documents (land use certificates). NOTE: The subproject supports all faming households of the scheme to receive land titles. See also Chapter 8.3. • The AHs agreed in the results of the detailed measurement survey. Compensation • The AHs decided for compensation of the loss of affected land.
Note 1: This table provides a socio-economic overview about AHs based on the SESAH. Note 2: All socio-economic baseline data are provided in the SIA of the FS.
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5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION
5.1 Requirements 44. In general a meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive; (v) enables the incorporation of all relevant views of affected people and other stakeholders into project design and implementation; and (vi) ensures the participation of AHs in planning, implementation, and monitoring and evaluation of resettlement programs.
45. The DED related DMS indicates that this PRI subproject causes resettlement impacts. An inventory of loss and census survey of all APs were performed to determine a record of accurate measurements of type and level of loss related. The socio-economic data has been collected, (i) as this is required for RP development to understand fully how the existing socio- economic profiles of AHs may be affected by the subproject, particularly the adverse impacts, (ii) but also to identify and assess social dimensions that are needed to formulate plans to restore and improve the quality of life of the APs if applicable or required; and (iii) to serve as basis for the final SESAH at detailed design stage. These steps are embedded in a transparent consultation process with public village meetings both during detailed design and construction stages as defined by the resettlement planning section of the Resettlement Framework (RF). The APs have participated throughout the various steps of LAC planning during both FS and DED stages of this PRI subproject. They were properly informed of all activities to be carried out. The information includes among others the specific activities, schedules, and potential impacts as well as compensation, voluntary donation and mitigation measures. The information exchange was in form of public meetings hold by the respective PPO, DPO and village committees or representatives as required in the consultation and participation section of the RF.
5.2 Achievements 46. The Project’s continuous disclosure of information, consultation and participation of residents has already a history. It started in 2010 with the PPTA for 3 representative subprojects and continued under the NRI between 2011 and 2015 during the implementation of 26 subprojects of project years 1 to 3. In 2015 and 2016 a Small PPTA for 2 representative PRI subprojects under project year 4 (phase I) was undertaken. In 2017 the implementation under NRIAF for 22 PRI subprojects started for project years 4 to 7 (phase I to IV) scheduled to be completed in 2022. Attachment 2 provides an overview of general project and specific social safeguard consultation between May 2017 and February 2020 both related to project phase II. The consulted residents have a fair idea about this PRI subproject, and show an open attitude and a very supportive behavior towards the irrigation sub-schemes in their villages, as irrigation is a topic of high interest. They did not raise concerns or issues.
47. Provincial and district officials, as well as village representatives, households and families have been provided with an overview of the PRI subproject in general and LARC aspects in particular. The PRI subproject ensured that potential APs, other villagers and other stakeholders have (a) obtained information at various subproject stages, and (b) opportunities to participate in the land acquisition process. An overview about LARC related governmental coordination and community consultation has been prepared in Attachment 2.2 and 2.3.
48. The Attachment 2.4 present the documentation and achievements for the DED related public consultation, whereas Attachment 2.5 concerns the final consultation with AHs on compensation leading to signed agreements.
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Table 3: Subproject’s Feedback from Village Consultation Meetings on LARC Indicative Totals of Responses by Gender Item All Majority Average Minority None Do not No. Question Applic- 100% ca. 75% ca. 50% ca.25% 0% know Content ation F M F M F M F M F M F M
Irrigation sub-schemes: Irrigation Abbreviations Houay Mouak = ISbS-HM; Houay Kin = ISbS-HK ; Houay Khong 1 = ISbS-HK1; Houay Sub- Khong 2 = ISbS-HK2; Houay Nauam = ISbS-HN; scheme LAC requirements One ISbS has requirements for acquisition and compensation of private land
Q-1 Do you support the Project? Yes All ISbS
Q-2 Do you support the canal scheme? Yes All ISbS
Would you agree in permanent canal/road Q-3 Yes ISbS-HK2 alignments on your land?
Would you agree in temporary construction Q-4 Possibly All ISbS access on your land?
Contribution to PRI For land or other subproject assets to be No such cases Land for land acquired, what is Q-5 compensation your preferred In-kind compensation compensation as offered by Yes ISbS-HK2 option? subproject
What is your Village committee All ISbS preferred District committee Q-6 Yes conflict resolution Provincial committee option? Civil court
If land or other Education of children assets will be Building new houses acquired, what is No such cases, as compensation is provided through land titling Q-7 Small business your preferred use Deposit in bank measures of compensation Consumption fees? Others
If you will lose Work outside majority of your Open shops land, what are your Run restaurants or Q-8 No such cases preferred options hotels for future Have small business livelihoods? Training, etc.
Comments from Participants C-1 This table summarises the feedback obtained from all irrigation sub-schemes. C-2 Villagers confirmed their willingness to cooperate with the PRI Subproject.
Notes from Consultant N-1 Main facilitators: PPO, DCO, GIC. Main items discussed: (i) Introduction and status of the PRI Subproject; (ii) Briefing on LARC aspects; (iii) Land requirements and impacts; (iv) Agreeing on joint transect walks; (v) Clarifying survey requirements; (vi) Formal N-2 land acquisition procedures; (viii) Construction schedule; (viii) Others; (ix) Open discussion with interest of participants only in (a) irrigation sub-scheme areas; and/or (b) construction. Abbreviations: F:= Female; M:= Male; PPO:= Provincial Project Office; DCO:= District Coordination Office; GIC:= Grant Implementation Consultant
49. The dissemination and consultation activities are performed as an integral part of the resettlement planning process to inform the concerned villages about LARC items through (a) village meeting/s and (b) individual clarifications, in addition to (c) joint transect walks. During LAC fieldwork, GIC initially explained to both staff from implementing agencies and consulted farming residents general aspects about participation of affected people in land acquisition activities, the involvement of district and village leaders in the overall process, type of compensation and mitigation measures. As the provision of the information for villagers was regarded satisfactory a Project Information Booklet (PIB) was not used. However, such a PIB will be prepared under CAP to provide updated status and selected information to relevant topics to the AHs.
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50. The feedback of contacted people given to GIC concerned mainly their opinion and support to the irrigation sub-schemes, some design items, and possible impacts and benefits for the villages. As part of the LAC related fieldwork measurement surveys were carried out, as well as consultation and discussions undertaken with villagers, so that their findings have been considered by the preparation of this LACR.
5.3 Villagers’ Feedback on Compensation and Rehabilitation Work 51. The benefitting villages of the Houay Bong Hao sub-project showed throughout the consultation process a continuous collaboration with the IA and GIC. The consultation started in December 2016 under NRIAF, and in October 2017 the first LAC field work was undertaken (see Attachment 2.2-1). After nearly 3 years of FS and DED stage followed by completed setting-out works but delayed construction start, those remarks EA/IA/GIC received from the villagers are increasing that there “are too many public meetings for the different teams and topics” which includes land acquisition and compensation.
52. In connection with compensation, the due diligence review includes the following key items on consultation concerning land requirements and compensation:
• Firstly, the villagers’ discussion with IA/GIC about FSD discussed and DED agreed alignments of existing and new canals to be rehabilitated and constructed newly respectively. This took land requirements into account and necessary acquisition of private and. Such loss of portion of land the AHs indicated since the earliest consultations as not of serious concern for them, as related impacts are negligible. • Secondly, their decision on voluntary contributions of portions of their affected land. This was prepared and verified during 2nd and 3rd quarter 2019 leading to final signed compensation entitlement forms in August 2019. • Thirdly, the decision not to follow the achieved agreement on voluntary contribution. AHs accepted this decision. They got offered an in-kind compensation package composed of land titling and agricultural support measures.
53. With regard to construction work, the villagers are observing delays in commencing construction. During DED stage it was expected that construction would start around September/October 2019 at the end of the rainy season. However, contractor was mobilized and set out works early 2020 only, but since March 2020 no construction activities were carried out. EA/GIC understand that villagers in general wonder about this situation. For AHs this could even be more surprising, as the acquisition of portions of their land is not an issue or problem from their perspective and should not be a reason for further delay of start of construction. The feedback from all farming villagers of the irrigation sub-schemes is clear and obvious, as they want the construction work to start as quickly as possible.
6. COMPLAINTS AND GRIEVANCE REDRESS MECHANISMS
6.1 Requirements 54. These mechanisms are defined in the Project’s RF aiming at the participation of APs throughout the various stages of LARC planning and implementation of PRI subprojects. The information for APs about entitlements, compensation and supportive mitigation options and grievance mechanisms is provided by the Project’s relevant agencies and committees. Extensive meetings with APs also allow the implementing agencies to identify needs and preferences of APs pertaining to compensation and rehabilitation assistance and to reduce any negative potential impacts caused by the proposed PRI subprojects.
55. In terms of grievance redresses, the villagers have been briefed about rights to grievance and the procedures during feasibility study in case LARC items would become a PRI subprojects related issue. This is repeated combined with further consultation at the start of construction work.
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Villagers present their complaints to the concerned local administrative officials and resettlement committees. The complaint can be filed first at the village level and can be elevated to the highest or provincial level if the complainants are not satisfied with the decisions made by the village and district levels/committees. APs are exempted from all taxes, administrative and legal fees associated with their claims and grievance redress.
6.2 Grievance Approach 56. The main steps outlined below serve as an orientation for the grievance main approach. For each step details shall be described, agreed and explained to both resettlement responsible committees and the residents of affected villages. In addition, an A0 formatted poster showing the GRM steps have been distributed to the heads of villages (“Naibans”) for their offices and/or the villages’ meeting places.
57. APs are entitled to lodge complaints regarding any aspect of the preparation and implementation of this LACR without prejudice to their right to file complaints with the court of law at any point in the process. The implementing agencies will shoulder all administrative and legal fees that will be incurred in the resolution of grievances and complaints.
58. It is recognized that members of AHs might not have writing skills or ability to articulate their grievances verbally, however, then AHs are encouraged to seek assistance from the PRI subprojects and/or nominated local non-governmental organizations and/or other family members, village heads to have their grievances recorded in writing and to have access to the LARC documentation, and to any survey or valuation of assets, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly. All complaints and resolutions will be properly documented by the PPO/DCO and be available for (i) the public and (ii) any monitoring purposes.
6.3 Complaints 6.3.1 No Complaints during FS and DED Stages 59. During FS and DED stage no complaints were issued. Any item requesting explanation were clarified in public and individual meetings. On an individual basis, this has also been achieved partly through a more direct-action approach to quickly address any item while avoiding formal procedures. Therefore, there were no complaints formally registered and addressed to a village committee under step 1 of the GRM.
Table 4: NRI-AF Main Steps of Grievance Mechanisms
No. Procedural Steps In each village existing mediation committees would be the first contact for APs to address their concerns. It is recommended that in agreement with villages either this committee would be responsible for LARC issues or the 1 village would establish a sub-project related LARC committee. The village shall decide about its community internal approach. ▼ APs would address their complaints to committee/s that would have to react within a defined time (5 days to be 2 defined by village) after submission of the complaint. ▼ In case provided responses are not satisfying to APs the grievance applications would be forwarded to the 3 district council for resolution within a defined time (5 days) from the date of filing the complaint with this court. ▼ In case APs are still not satisfied next steps could involve provincial authorities that would have to issue a final 4 decision within a defined time (10 days). ▼ If irrigation sub-scheme APs are still not satisfied with the response given or decisions made, the complaint can be elevated at national level either to the national court, if legal decision at provincial level will require this, or to 5 the NPMO which is to be established by the DOP through which the MAF will be responsible for the overall project management for final clarification in this matter within 15 days.
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6.3.2 Expected Complaints during Construction Stage 60. During construction work, it can be expected that issues will come up and cannot be solved in the direct-action approach mentioned above. Therefore, complaints are anticipated. For this reason, the GRM has already been operationalized.
61. It is a mandatory procedure which must be available to all APs, with complaints lodged and tracked. A robust GRM indicates a confident Project being able to address both anticipated and unforeseen issues as and when they arise. It is a useful mechanism to assist the Project to distinguish genuine cases of grievance as opposed to cases of opportunistic claims. This is of particular importance for the construction stage.
7. LEGAL FRAMEWORK
7.1 Lao Requirements 62. The Project’s RF describes the legal framework. Each subproject has to follow relevant Lao PDR laws, decrees and regulations including but not limited to the:
(i) The Decree on the Promulgation of the Amended Constitution of Lao PDR dates on 28 May 2003 and concern the constitution dated 06 May 2003. It replaces the Constitution of the year 1999. It describes very generally among others the (a) socio-economic system, (b) fundamental rights and duties of citizens, (c) local administrations, (d) judicial organs. (ii) Lao National Land Law, dated 2003, including among others (a) defining land use and land ownership, (b) describing land tenure system, (c) providing the regulation framework for compensation of land but also including relocation of people that are affected by development schemes. (iii) Lao National Forestry Law, dated 1999, including among others (a) defining policies on forest and watershed management, and (b) promoting conservation and rehabilitation of forest resources. (iv) Lao National Water and Water Resources Law, dated 1996, including among others (a) principles/rules defining exploitation of the water and water resources, (b) management regulations for protection and preservation of the water and water resources, (c) outlining water resources classification systems. (v) Lao National Road Law dated 1999, including among other (a) describing public roads and road activities, (b) defining management and land use for roads, (c) explanations to construction of roads and monitoring of roads’ conditions. (vi) Decree No.192/PM of the Prime Minister, dated 7 July 2005, concerning the compensation and resettlement of people affected by development projects. This decree has been replaced by a new improved Decree No. 699/PMO of the Prime Minister Office 12 March 2010 on Compensation and Resettlement of Development Projects. This decree has been replaced by the Decree No. 84/PM “Compensation and Resettlement Management in Development Projects” of the Prime Minister dated 04 May 2016. (vii) Regulations for implementing the Prime Minister on Compensation and Resettlement of People Affected by Development Projects (No.2432/STEA, dated 11 November 2005), are assumed remaining valid and to be applied. (viii) Reduction of Poverty Fund’s Social and Environmental Guidelines dated 2008. Then Decree 309 on Poverty Classification and Development dates 14 Nov.2013. It was replaced by Decree 348 GoL on Criteria for Poverty Graduation and Development, 16 Nov. 2017.
7.2 ADB Regulations 63. In general, the national Lao policies on land acquisition, compensation, assistance and resettlement are aligned with the ADB’s key guidelines for involuntary resettlement such as:
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(i) Safeguard Policy Statement dated June 2009. SR2 (Involuntary Resettlement )and SR3 (Indigenous People) both apply. (ii) Operational Manual Section F1/OP dated March 2010.
7.3 Agreed Key Principles 64. Based on these key references the Project has defined the following key principles aiming at LARC objectives the subprojects shall achieve, as shown in Table 5.
Table 5: NRI-AF Key LARC Objectives
No. Key Principles If possible, involuntary resettlement and loss of land, structures and other assets and incomes shall 1 be avoided and minimized by exploring all viable options. All project affected people shall be provided with compensation for their lost assets. In case of loss of incomes or other adverse impacts on businesses the provision with rehabilitation measures shall 2 be sufficient to assist project affected people in improving or at least maintaining their pre-project living standards, income levels and productive capacity. Lack of legal rights to the assets lost will not bar the project affected people from entitlement to such 3 compensation and rehabilitation measures. Replacement of affected assets shall be provided following the principle of replacement costs, 4 without deduction for the value of salvaged materials, taxes, transaction costs and depreciation. Preparation of resettlement plans and their implementation shall be carried out with participation 5 and consultation of project affected people. Schedule of budget for resettlement planning (including socio-economic surveys and/or census) and 6 implementation shall be incorporated in project planning and financing. Payment of compensation or replacement of affected assets and any relocation of all project 7 affected people shall be completed before issuing the notice to commence work in a given subproject. Rehabilitation measures must also be in place prior to issuing the notice. Special assistance for AHs if they become vulnerable because of subproject activities or triggered 8 by other conditions.
65. These all support the guiding principle of ADB that “...project affected people compensated and assisted so that their economic and social future will generally be at least as favorable with the project as without it”. This policy intends to ensure that the absence of formal and legal titles to land by affected users is not a bar to compensation, and that “particular attention should be paid to the needs of the poorest affected persons including those without legal title to assets, female-headed households, and other vulnerable groups, such as indigenous people, and appropriate assistance provided to help them improve their status”. Currently, both ADB guidelines and policies, and Lao PDR national laws and regulations entitle subproject affected persons to compensation of private assets.
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Table 6: NRI-AF Main Components of Compensation Approaches Internationally Applied Lao PDR Key Item NRIDS Project Best Practice Legislation Shall include all affected persons in Include all affected residential, agricultural and commercial persons including those areas that are: Scope of impact affected by construction (i) Permanently /temporarily and operational acquired,
sites/facilities (ii) Construction and O&M related,
(iii) Private and/or public areas. All Shall define all assets: (iv) Legally acknowledged, Definition of All fixed and movable (v) As identified during PMS/DMS assets assets and SESAH regardless of land tenure/legal status.
Shall be offered and provided to eligible: Compensation to Compensation legally (vi) Private users, formal owners / Listed required (vii) Private organizations (WUG, users of assets etc.),
(viii) Public users.
Shall be applied to eligible households Compensation to Compensation to be or individuals: informal / provide to users of (ix) Whose user rights are proven unregistered assets and resources by tax or other formal payments, owners / users of based on traditional (x) Socio-economically surveyed as assets rights Key users of affected assets.
Special support to Shall be for households or individuals: ethnic groups (xi) Formally known or using assets acknowledged at community Special mitigation level as related to one of these measures throughout groups, the project cycle Special support to (xii) During pre-construction, Items vulnerable groups construction and post- construction phases.
Compensation to be Shall include, among others: Livelihood provided in addition to (xiii) Income rehabilitation measures, restoration loss of assets, crops etc. (xiv) Others to be defined.
Shall be applied and shown through:
(xv) Technical optimized design of
proposed infrastructure, Avoiding physical Relocation (xvi) If not avoidable, relocated displacement are households shall receive (for no
costs or payments) issued land titles for their new compounds.
Before start of construction:
(xvii) Funds made available and Timing of Before construction start proven to be accessible compensation of any infrastructure conditional to release of and support subproject Mandatory construction funds, measures (xviii) Paid and/or provided to affected individuals / households. Note 1: International best practices as applied by ADB. Note 2: Final resettlement planning shall provide details of these and other items
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8. ENTITLEMENT, ASSISTANCE AND BENEFITS
8.1 Entitled Affected Persons 66. In general a PRI subproject defines eligibility as “those people residing, cultivating and/or making a living within the area to be acquired for the project as of the formally recognized cut-off date should be considered as project affected persons for the purposes of entitlements to compensation, resettlement and rehabilitation assistance in accordance with the provisions of laws and regulations. Lack of legal land use certificate or any acceptable proof indicating land use right to the land or structure affected by the project should not bar any person from such entitlement/assistance.” In accordance with this definition for the purpose of resettlement planning NRI-AF includes affected people as shown in Table 7.
Table 7: NRI-AF Categories of Entitled Affected People No. Categorized APs Persons/ households whose agricultural, residential, or commercial land is in part or in total affected 1 (temporarily or permanently) by the PRI-subproject. Persons/households whose houses and other structures are in part or in total affected (temporarily or 2 permanently) by the PRI subproject. Persons/ households whose businesses or source of income (i.e. employment) are affected 3 (temporarily or permanently) by the PRI subproject. 4 Persons/households whose crops (annual/perennial) and trees are affected by the PRI subproject. Persons or households who stand to lose access to common property resources and community 5 assets (temporarily or permanently) due to the PRI subproject.
67. Entitlements for each AH are based on types and levels of losses. General orientation was provided by the Project’s RF. The defined entitlements have been followed and complementary details provided by explanations are given below.
68. AHs have been offered in-kind compensation firstly through land titling as this applies to all AHs as landowners. As this component covers for all AHs the value of lost land, no second compensation through the agricultural support is required. AHs shall be taken into consideration for priorities concerning construction related employment and jobs which is part of contract negotiations with contractors to consider these AHs for rehabilitation and construction work related job opportunities.
8.2 Subproject’s Safeguards Conditions
69. As part of the due diligence review, an overview has been prepared about social safeguards aspects in relation with the pre-construction, construction, and post-construction (operation) stages. Table 8 shows self-explanatory the subproject’s situation. In addition, in Chapter 8.3 further findings are given about impacts and Chapter 10 describes the subproject conditions on income restoration.
70. After completion of the feasibility study including the PMS from October 2017, the final LARC related DMS was carried out in December 2018, which served as cut-off date, and was verified in September 2019 both at DED stage. An IOL has been conducted and summarized in Attachment 3.3. The entitlements are summarized in the subproject’s entitlement matrix in Table 11.
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Table 8: Subproject’s Social Safeguards Matrix
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8.3 Subproject Impacts and Mitigation
71. The due diligence reviews impacts and mitigation measures in the 5 sections below, according to the 5 types of losses as defined in the RF and used in the applied EM. 8.3.1 Loss of Land and Compensation 8.3.1.1 Land Acquisition 72. The Houay Kong 2 irrigation sub-scheme has impacts on private land, the four other irrigation sub-schemes do not have such adverse impacts. It has been confirmed that for rehabilitation or construction of canals, existing alignments are followed, while any new alignments are laid out in accordance with design requirements and agreements with farmers. The proposed rehabilitation will take place mainly in existing corridors along current alignments of irrigation canals and/or tracks both along existing rights-of-way.
73. Therefore, the subproject requires minor land acquisition. Some private land will be affected for both the extension of main canals and the construction of a new main canal. This concerns 2,592 sqm private productive land owned by 6 AHs with whom a DMS has been performed on their land to define plots and the size of affected areas. The compensation was calculated and had been included in the resettlement budget. The loss of private productive land caused by the PRI subproject ranges between 1.3% and 2.9% of the owners’ total productive land with an average of 2.1% for all AHs (see Attachment 3.3 and 3.4).
74. No AHs will be affected by loss of residential land.
75. Temporary land requirements for establishing construction installation areas and camps affect public land, and therefore do not require compensation costs. In case contractor/s damage property the contractor/s will be obliged to pay compensation at replacement costs immediately to affected communities or government agencies. Damaged property will be restored immediately to its former condition. Standard contractual obligations with contractor/s are to be applied as a precaution in contracts (i) to pay compensation immediately, and/or (ii) restore property to its former condition in case contractor/s would damage such property.
76. The subproject compensates through the in-kind compensation package for the loss of land, as shown in Table 9.
Table 9: Subproject’s Compensation Components and Costs
8.3.1.2 First Compensation Component: Land Titling 77. This component applies to all 6 AHs as landowners. It relates to the remaining area of the affected plot and cannot be linked to the affected portion of that plot as the ownership changed with the acquisition. This approach covers 100% of the total compensation amount, as shown in detail in Attachment 3.4. For AHs a complementary benefit has been achieved. Their exemption from the payments of fees for issuing land titles of affected and other plots within the irrigation scheme is based on a provincial governor decision (see Attachment 5.3). This calculates on average to rounded million 1.9 LAK/ha (see Attachment 3.5-2).
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78. It should be noted that the subproject supports issuance of not only (i) permanent land titles by PONRE/DONRE but also (ii) agricultural land booklet/certificates by PAFO/DAFO. Table 10 assesses the advantages and disadvantages of this compensation component. The advantages are of monetary and non-monetary nature.
Table 10: Qualitative Assessment about Compensation Component Land Titling Advantages / Benefits Disadvantages + Yes - None + Service through subprojects to receive land titles in a transparent approach instead of own private time-demanding efforts in relation with land surveys and issuance of land titles. + Official confirmation of ownership through formal documents provides security of land ownership and use. This leads to safety of investments and improvements of productive land, as this concerns own property. + Land title as collateral can be used as a security or guarantee (usually an asset) pledged for the repayment of a loan if a borrower cannot procure enough funds to repay. + Land title as mortgage can be used as a secured loan where the purpose of the loan must be specified to the lender. Land as legal property of the borrower but the lender can seize it and dispose of it if repayment of a loan cannot be met. The landowner keeps its status after repayment is completed. + Titles can be legally transferred to family members and other relatives. + Land titles reduce boundary disputes and improves clarity on land disputes. + Land titles can help to reduce inheritance disputes about size of land and other related issues. + Potential of increase of land prices, however this is subject of future development in general, and could be monitored.
79. The land titling as compensation meets safeguards aspects. The RF concerns in a more general way ensuring of rights and entitlements for landowners with or without title. For voluntary land donation any land transaction is supported by transfer of title. However, the subproject is upgrading the ownership from land use certificates by providing land titles, which is not mentioned in the RF. Therefore, the compensation through land survey costs combined with handing over upgrading land titles and exemption of related fees for AHs supersedes the requirements of the RF.
80. This component also conforms with ADB SR2 safeguards requirements. The SPS focuses on ensuring that affected people without titles to land or other assets are actively involved in participation and consultation and will have access to the entitlements of a Project. It expects adjusting existing land ownership of remaining portions of affected land. However, the upgrading of ownership by land titles is not explicitly mentioned. Therefore, the subproject’s approach applies more than the required minimum.
81. In addition, it is also in line with ADB safeguard thinking, as the ADB Review Mission in December 2019 proposed in the signed Aide Memoire under paragraph 22 that “The Project and the Mission discussed that the Project support to AHs including agriculture extension activities, land titling and land price increase resulted from issuance of land registration will be considered as a part of compensation. The Project will elaborate a strategy to prepare for construction so that upon resolution of safeguard compensation, work can commence immediately”. Some background is provided in Attachment 5.5.
82. The land titling has been included for phase I and phase II subprojects as a piloting component for NRI-AF supporting all owners of plots within the irrigation sub-schemes under same conditions. This included subproject delivered cadastral surveys for no costs and handing over of issued land titles against a service fee to be paid by landowners. However, in Sep./Oct. 2020 this due diligence analyzed that land titling as compensation does not provide an added benefit compared with other beneficiary non-affected landowners. The advantages as listed in
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Table 10 concern all landowners. Beside the non-payment of service fees for AHs, there is no significant top-up benefit compared with the other farmers of the sub-schemes. Therefore, the land titling as a compensation component should be corrected though in-cash compensation. The revised compensation approach shall be in-cash compensation of the value of affected land. The exemption of service fees as approved by the provincial govern remains valid. This revised approach will have to be implemented under the CAP (see Chapter 11.5 and 15.3).
8.3.1.3 Second Compensation Component: Agriculture Support 83. This compensation component does not apply, as the value of affected land is covered by the land titling component.
8.3.2 Loss of Houses and Other Structures 84. There are no cases of loss of houses or other structures to report.
8.3.3 Loss of Crops and Trees 85. There will be no damage of standing crops and trees.
8.3.4 Loss of Common Property Resources 86. No cases occurring of affected common property resources or communal services.
8.3.5 Income Restoration 87. No cases occurring requiring such restoration (see also Chapter 10 Income Restoration and Rehabilitation).
8.4 Benefits 88. This subproject has the following benefits: (i) Increase household income and hence, reduce poverty. (ii) Improvement of the economic conditions of beneficiary households due to: (a) improved irrigation water availability in irrigated areas; (b) increase in irrigated area in both seasons; (c) increase rice yield and production; (d) and promote production of high value for other crops during the dry season. (iii) Generate additional demand for hired labour due to increase in crop production activities in the area for two seasons. (iv) Promote a more active economy for the villages due to increased production of rice and other crops, increased household income, potential commercialization of rice surplus and high value crops, and demand for production inputs. (v) Savings on labor, time and local materials for the beneficiary households from any repair of the existing irrigation infrastructure particular during wet seasons.
89. It should be noted that in addition to the agricultural compensation, the agricultural extension activities started for the wet season 2020 in phase II subprojects. The activities aim to strengthen FPGs through (i) agricultural extension (technical demonstration) training, (ii) organizing farmers’ study tour for exchanging experience, and (iii) support the farmers in preparation of contract farming.
90. In addition, the subproject includes associate initiatives to which AHs have also access.
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Table 11: Subproject’s Entitlement Matrix Type of Entitled Compensation and Implementation Loss Persons Rehabilitation Measures Issues Loss of land and impacts on AHs concern the irrigation sub-scheme Houay Khong 2, the other 4 irrigation sub-schemes have no such impacts. I. LOSS OF LAND A Temporarily Affected A-1 Agricultural Land A-2 Residential Land 0 A-3 Commercial Land B Permanently Affected • Entitled are all affected landowners. • Value of lost land will be compensated through compensation: • Measured private 2,592 - Only, land titling component, as this sqm. compensation amount is bigger 6 AHs • Formal land acquisition than the lost value of affected land. B-1 Agricultural Land with required. • AHs know the applied unit rates (see 26 APs • Compensation for attachments 3.4 and 3.5), agreed on private agricultural them, did not raise issues and made land required. also no complaints about this. • All AHs agreed in this approach and signed their compensation forms. B-2 Residential Land 0 B-3 Commercial Land II. LOSS OF HOUSES & OTHER STRUCTURES C Temporarily Affected C-1 Houses C-2 Shelter/Dwelling 0 C-3 Fence D Permanently Affected D-1 to 3 same as C-1 to C-3 0 III. LOSS OF CROPS & TREES E Temporary Loss of E-1 Crops 0 E-2 Trees E Permanent Loss of E-3 to 4 same as E-1 to E-2 0 IV. LOSS OF COMMON PROPERTY RESOURCES F Temporary Loss of Services F-1 Administration 0 F-2 Water & Sanitation F-3 Health & Education F-4 Transport G Permanent Loss of Services G-1 to 5 same as F-1 to F-5 0 V. INCOME RESTORATION H-1 Material Transport Allowance H-2 Housing Transition Allowance 0 H-3 Business Transition Allowance • 0 elderly AH • There are 6 AHs. Three (3) are listed in available village lists all members under the category middle. From the other 3 AHs, 1 AH has • 0 female been grouped under poor based on the SESAH. headed AHs • This makes 1 poor AH H-4 Special Assistance for Socially • This is subject to be reviewed for all AHs under the CAP. and/or Economically Vulnerable Households • These are existing vulnerable households. There are no cases where AHs become vulnerable because of the subproject. • 1 poor AH • These AHs do not suffer disproportionately and/or do not face the risk of being further marginalized due to the subproject. • There are no severely AHs. • AHs have access to other support measures and can obtain H-5 Other Support Measures For all AHs priority for temporary job opportunities through contractor.
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9. RELOCATION OF HOUSEHING AND RESETTLEMENT 91. No such cases to report.
10. INCOME RESTORATION AND REHABILITATION 92. During pre-construction and construction stages, there will be no loss of income for AHs in the subproject area. This is mainly because farmers do not practice dry season cultivation using canals so that the subproject has with its rehabilitation work no adverse impact on cultivation arrangements as set-up by farming communities. There are no cases, where AHs are economically displaced during construction stage. The loss of land will not lead to loss of income during the dry season, as there is traditionally either no cultivation during this period, or some limited cultivation, but without use of canals. For wet season agriculture, no loss is expected.
93. Any construction related damages to assets will be compensated by the contractor as set out in contract with contractor and in compliance with the RF.
94. For the operation stage it should be noted that the improved irrigation sub-schemes will boost the income situation for irrigated farming. For this subproject the net farm income has been estimated by the Present Agriculture and Agricultural Development Plan (see Annex 3 of FS) to increase from 3,603,788 LAK/ha to 13,837,178 LAK/ha equivalent to 384%.
10.1 Allowances 95. As there are no relocation cases, no materials transport and housing, transition allowance are required.
96. No business is affected by the subproject, so that no business transition allowance is to be paid.
10.2 Special Assistance 97. The due diligence review understands that:
• The subproject does not cause additional vulnerability to any household. • There are no distinct groups of people who will suffer disproportionately or would face the risk of being marginalized or further marginalized due to the subproject. • There are no severely AHs as there are (i) no cases of a loss of 10% or more of total productive assets (generating income) of a household; and/or (ii) no cases of relocation. • The current socio-economic status of AHs will not be changed during the pre- construction or construction stage. This means, that the existing status concerning both non-vulnerable and vulnerable AHs will not change for the worse during construction stage (see also Table 8). There are no cases expected, where AHs would be economically displaced during construction stage. This will be verified through internal and external monitoring. • The subproject rehabilitation is perhaps unique in that it will cause no adverse impacts on livelihood (see Table 8). 98. Against the above criteria, the subprojects’ rehabilitation of irrigation sub-schemes do not cause any new cases of severely affected AHs or vulnerable AHs. There is no need to bridge a gap covering period of vulnerability to manage livelihood. Therefore, the entitlement conditions of the RF are not triggered and therefore no special assistance to socially or economically vulnerable households would be required.
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99. This is also in compliance with the Aide Memoire of the Grant Review Mission of December 2019, where paragraph 22 indicate the need for monitoring “… to see if there is any unforeseen impact especially for the poor and vulnerable HHs so that special assistant can be provided if necessary.”
10.3 Complementary Mitigation Measures 100. As all AHs are direct beneficiaries, they shall in addition to the in-kind compensation be taken into consideration for other subproject measures. This will include the priority for: (i) Possible job opportunities with the contractor. (ii) Technical support/services (extension, demonstration plots, etc.). (iii) Group strengthening (WUG, WUA, FPG). (iv) Marketing and processing equipment; and/or (v) Land use planning.
11. RESETTLEMENT BUDGET AND FINANCING PLAN
11.1 Planned Land Acquisition and Actual Compensation Costs 101. The review of the LAC budget for the implementation phase has been prepared during the DED stage as part of LAC updating and verified again by the due diligence exercise. A cost estimate of rounded LAK 6.48 million equivalent to rounded USD 758 has been prepared under Table 13 based on prevailing local prices (see Attachment 3.5) in combination with the IOL results of the DMS (see Attachment 3.1) and SES (see Attachments 3.2 and 3.3).
102. This estimate does not include costs for resources related to safeguard implementing and M&E both at national (resettlement committee and specialist/s), provincial (resettlement committee and provincial project office), and district levels (resettlement committee, community development and safeguard officer/s). Concerning External M&E, the Executing Agency has a separate budget to contract an independent external monitoring organization (EMO). Operating costs of executing and implementing agencies concerning planning and implementing social safeguards are borne by the governmental budget.
11.2 1st Approach: Compensation or Contribution 103. The options for compensation and contribution have been presented in the public village meetings, to ensure villagers know about these options, their differences and conditional requirements from ADB. After the DMS and SESAH, the affected landowners were again consulted about confirmed findings with values of their land affected as calculated in the IOL. The AHs have been contacted in a sequence of public and individual meetings between May 2017 and February 2020 (see Attachment 2).
104. The individual AHs underlined their willingness to cooperate with the PRI subproject and regarded their loss of small portions of land as minor. In addition, the AHs have a sense of community related participative support for any improvement and development offered for their villages. Their major motivations are the perceived benefits from their need for reliable irrigation water supply and increased farming income.
105. As all affected landowners contributed their affected land to the subproject there were no costs for compensation of loss of land. The PRI subproject’s associated initiatives, however, are covered by separate budgets of the Project. Costs for LARC and safeguards implementations are also borne by separate budgets.
106. However, this approach is no longer accepted by ADB (see Chapter 1.2).
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11.3 2nd Approach: In-kind Compensation - Land-Titling & Agricultural Support 107. In reference to the ADB Review Mission and the related Aide Memoire dated 24 December 2019, and technical presentation by NPMO/GIC To LADB in the LRM on 16 January 2020, a 2nd approach has been defined instead. This states that “The EA will provide a sustainable compensation package which includes land titling extension and monetary/cash compensation. Other measures such as project support for the AHs to facilitate and support their livelihood such as providing seeds, agriculture inputs or material technical training as well as on marketing will be considered”.
108. This compensation approach is composed of two components, namely land titling and agricultural support. It has been explained, discussed and agreed with each AH. Compensation statements have been signed and are documented in Attachment 5.1.
(i) The value of lost land has been recorded based on the DMS and IoL; (ii) The value for issuing a land title has been applied for all 6 AHs, as this component applies to all AHs as land owners; (iii) As for all 6 AHs the land titling component covers the total compensation value for the lost land, no agricultural support was required; (iv) The in-kind compensation for each AH has been transparently put together and the agreement signed by the project partners. Table 12: Subproject’s Compensation Items and their Rates No. Affected Asset Rate Basis & Reasons 1 Agricultural land 2.500 LAK/sqm The district government has confirmed the validity of the land unit rates as applied by the subproject (see Attachment 3.5-1). This matches the actual conditions in villages of the subproject area as noticed by IA/GIC, where no changes of land values occurred, because of the following main reasons: - No expansion of land or land conversion. - No habit/market for sale of agr. land, meaning no monetary exchange of land. - Land ownership changes within family members and in case of inheritance. No. Compensation package Rate Basis 2 Technical surveys 3.000.000 LAK/ha Experienced costs from completed land titling (including GPS) for land surveys by PPO and PoNRE. titling A 300 LAK/sqm was used for compensation calculations. 3 SRI Rice sees production 3.800.000 Lak/set 4 Cardamom production 9.500.000 Lak/AH Deriving from ongoing NRI-AF subprojects, 5 Buying plants / tree 100.000 Lak/piece other projects of PAFO and/or market prices. 6 Goat raising 1.600.000 Lak/piece
109. The discussions also included the clarification about applied unit rates as shown in Table 12. They are calculated and proposed by PPO and DCO and discussed with all AHs who agreed upon in their compensation statements (see Attachment 5.1). There were no complaints or disagreements from AHs about these unit rates.
11.4 Actual In-kind LAC Budget 110. The actual budget comprises the total costs for all in-kind compensation of the AHs and has a higher total amount than the total value of the affected land. The actual budget adds to rounded LAK 21.3 million equivalent to rounded USD 2,485 (see Table 13 and Attachment 3.4). This will be reviewed and verified through M&E.
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Table 13: Subproject’s Land Acquisition and Compensation Budget Item Description Amounts [LAK] Comments Loss of land and impacts on AHs concern the irrigation sub-scheme Houay Khong 2, the other 4 irrigation sub-schemes have no such impacts. Private 2,592m2 prod. land. The value of affected land based on This land is owned by 4 AHs 6,480,000 the DMS and IoL. Loss of land for which it represents 1.6% of No costs for governmental land. their total productive area. No residential land affected Loss of houses No structures affected and structures There is no irrigated dry season No damage of crops by cultivation in the command area. Loss of crops construction works. Harvesting is considered in the construction schedule. Loss of trees No trees affected Loss of common The subproject does not cause property any relocation of common resources properties. No costs The subproject does not cause Income The AHs will be given priority for: effects which would require the restoration (i) Job opportunities. provision of allowances. (ii) Participation in PRI subproject associated initiatives. Special No entitled severely AHs. (iii) Tech. support/services. assistance No entitled vulnerable AHs. (iv) Group strengthening (WUG, WUA, FPG); Complementary (v) Marketing/processing equipment. Not required but included. measures (vi) Others as needed or required. Planned Sub-Total 1: Mitigation 6,480,000 LARC Administrative matters Costs are separately budgeted of GoL implementation Project associated initiatives Costs are separately covered by Project budget Safeguard External M&E Costs are separately budgeted of GoL implementation Internal M&E Costs are separately covered by PIA budget Planned Sub-Total 2: Implementation 0 Planned TOTAL 6,480,000 Applied exchange rate: 1 US$ = 8.548 LAK 758 USD The actual compensation budget for the land-titling is higher than the Actual COSTS 21,240,300 above shown value of affected land. 2,485 USD
11.5 Corrective In-cash Compensation Budget
111. As this subproject applies only land titling as compensation component, the corrective compensation budget (see Table 9) equals to the value of affected land of LAK 6,480,000 or USD 759. The individual values of each affected portions of private plots were already agreed upon with AHs as part of the in-kind compensation (see Attachment 3.4).
12. INSTITUTIONAL ARRANGEMENT 112. To ensure inter-agency cooperation at the national level, a National Steering Committee (NSC) was established. The NSC will meet annually or as required to review overall implementation progress, approve annual work plans and budgets, and provide overall policy guidance. The National Project Management Office (NPMO) under the guidance of its National Project Coordinator will provide secretariat services to NSC. Provincial Steering Committees (PSCs) was established to ensure inter-agency coordination at the provincial level. The PSCs are chaired by provincial vice governors with equivalent representation to that for the NSC, including governors from the participating districts. The PSC will meet bi-annually or as required to review implementation progress and to ensure adequate levels of coordination between key
32 NRI-AF LAMDDR Houay Bong PRI Subproject agencies for project coordination. Subproject Investment Reports shall be approved by PSCs after obtaining the necessary concurrence of ADB for social and environmental safeguards. The PPO will provide secretariat services to PSCs.
113. The Ministry of Agriculture and Forestry (MAF) is the Executing Agency for the Project with the responsibility for overall project coordination and management transferred to its Department of Planning (DOP) who has established the NPMO for day-to-day coordination and management of the Project. The implementing agencies at the provincial level are the Provincial Agriculture and Forestry Offices (PAFOs). PPOs have been established in each PAFO to be responsible for financial management at provincial level, and coordination and management of implementation of subprojects. To assist implementation of the Project at the district level, District Coordination Offices (DCOs) have been established within District Agriculture and Forestry Offices to mainly coordinate and supervise subproject activities.
114. At provincial and district levels staff has been nominated for committees responsible for LARC matters. They were among the 105 provincial and district staff attending the NRI orientation workshops between 24 and 29 October 2011 organized and conducted by GIC for all four Project provinces including among other topics: (i) General introduction into LARC planning. (ii) Specific explanations about country safeguard standards and Lao legal context. (iii) Briefing about ADB involuntary resettlement and social safeguards standards. (iv) Description of compensation approach for subproject conditions. 115. Relevant LARC related legal documents were distributed to the attendants of this workshop. The same staff has been involved in the consultation process, LARC-DMS screening socio-economic surveys and IOLs during the subproject’s feasibility and detailed design stages. In addition, an NRI related LARC follow-up training took place between 24 and 27 Dec. 2012.
116. For NRI-AF, there was one Project Inception Workshop in October in Vientiane and four Inception Training Session in the four provinces in November to introduce the governmental provincial and district staff into the Project and provide technical introduction on selected topics. Some of the staff had been involved in NRI and will continue in NRI-AF, other will start with the NRI-AF their involvement.
13. IMPLEMENTATION SCHEDULE
13.1 Subproject Schedule 117. An overview about performed and scheduled activities of feasibility study, detailed engineering design and construction works, together with related LAC activities has been prepared in Table 14. It should be noted that the schedule of some activities concerns all subprojects of phase II, (partly same civil and contract engineering, or LAC report preparation). Other activities, such as LAC fieldwork, have been performed for all phase II subprojects within one or two field work missions and can therefore differ in the implementation months. 118. It shows that: • Engineering and contracting were completed by November 2019 so that construction could have started in December 2019. However, the currently scheduled commencement of construction falls into 4th quarter 2020 meaning a one-year delay. • The land acquisition and mitigation measures take more time as two approaches are implemented. Firstly, the voluntary land contribution, which was completed by August 2019, but not accepted by ADB in November 2019. The second approach in form of an in-kind compensation as brought into consideration by ADB Review Mission December 2019. Its implementation started in January 2020 with achieved completion in March 2020.
33 NRI-AF LAMDDR Houay Bong PRI Subproject
Table 14: Subproject Performed and Scheduled LAC Activities
34 NRI-AF LAMDDR Houay Xo 2 PRI Subproject
13.2 In-kind Compensation Implementation 119. The implementation status of the in-kind compensation is shown in Table 15.
Table 15: Subproject’s Implementation Status of Compensation Package
120. The performance status of all main activities of the land-titling compensation measures for this subproject is detailed in Table 16.
Table 16: Subproject’s Performance of Land Titling Compensation Activities Step Main Activities Time 1 Consultation & Coordination 1-1 Public village meetings Feb. – Mar. 2018 1-2 Technical meetings PPO/DCO/GIC Apr. – May 2018 1-3 Provincial approval of implementation and budget plan 6 Jul 2018 1-4 MAF approval of provincial implementation and budget plan by MAF 1 Aug 2018 2 Land Survey 2-1 Procurement of tools and preparing team Aug. 2018 – Mar. 2019 2-2 Conducting field survey Oct. 2019 – Jan. 2020 2-3 Data analyzing and preparation 3 Land Titles 3-1 Public display of land survey results for landowners (1 month) Dec. 2019 3-2 Completion of preparation of issuing titles Mid- Jan. 2020 3-3 Handing over ceremony at district level 25 January 2020 3-4 Handing over titles to AHs March 2020
121. For the 6 AHs the compensation amounts through land-titling are higher than the total value of affected land lost. Therefore, no agriculture compensation measures are required.
14. MONITORING AND REPORTING 122. The LAC monitoring is embedded in the overall M&E approach of PRI subprojects. The M&E distinguish between internal and external components. The technical approach of the LAC related M&E will have to be transparent, and any data or information made available to involved stakeholders in Lao and/or English language, whichever is more comprehendible to a given stakeholder group.
123. In case impacts were identified during detailed design stage, the LAC included the related compensation for implementation as required through the RF. In case unexpected impacts would occur during construction on AHs’ assets and/or on APs, the PPO and DCO will have to report on this in order to allow decision-making whether (i) mitigation measures can be satisfactorily provided, or otherwise (ii) there would be a need for suitable requirements and arrangements concerning affected assets and compensation actions.
35 NRI-AF LAMDDR Houay Xo 2 PRI Subproject
14.1 Internal M&E 124. The PPO within PAFO in cooperation with DCO within DAFO is responsible for internal monitoring of LAC implementation. The monitoring strategy will have to be defined and agreed upon on a participative approach involving different stakeholders, such as communities, organizations, individuals, representatives and others, but certainly subproject affected people. A resettlement related internal monitoring concerns mainly LAC-performance in terms of whether the overall PRI subproject and resettlement objectives are being met mainly with focus on (i) assessing if mitigation measures and compensation are sufficient, (ii) identifying methods of responding immediately to mitigate problems through remedial actions, (iii) smooth transition between LARC activities and civil works, and (iv) others, as regarded necessary.
125. Verifying the internal monitoring reporting it can be confirmed that the prepared documents cover both required safeguard content as well as different periods (monthly, quarterly to half yearly): • Provincial monthly monitoring report from PPO provides achievements and progress including the LAC. • The NPMO and GIC verify and consolidate these reports in its quarterly M&E reports forwarded to ADB. • NPMO and GIC prepare half yearly safeguard monitoring reports covering (i) all three safeguards topics environment, involuntary resettlement and indigenous people and their compliance, but also (ii) consultation, and (iii) grievances.
14.2 External M&E 126. An external monitoring organization (EMO) undertakes independent monitoring on behalf of NPMO. As external monitor, the Faculty of Environmental Sciences from the National University of Lao was contracted by NPMO on 16 May 2018. This organization has already carried out post- resettlement impact evaluation for NRI to assess whether impacts of the proposed Project were mitigated adequately and the pre-project standard of living of APs restored as a result of resettlement and project activities. The same organization has been contracted to continue to provide these services for the PRI subprojects funded through additional financing (NRI-AF), and review of contribution procedures have been added to their Terms of Reference.
127. The EMO covers impact and effects monitoring including but not limited to the following: (i) consultation, (ii) involuntary land acquisition and compensation, (iii) socio-economic effects, particularly changes in living standards and livelihoods, (iv) need for additional mitigation measures, as required, and (v) compliance of contractor with land acquisition, compensation and mitigation measures, where applicable. Once the land acquisition and LACR have been completed, this monitoring will evaluate post-land acquisition impacts to assess whether impacts of the PRI subproject have been mitigated. The current ToR (see Attachment 6) will be reviewed with the external monitor to include DDR related monitoring requirements. In addition, a technical MS conference between ADB, NPMO, ESM and GIC has been scheduled for mid-October 2020.
128. The external monitoring evaluates the implementation of social and environmental safeguard, including:
• Review of the EMPs, LACRs, EGDPs, and GAPs. • Review of the Project’ assessment strategies of affected lands and assets, grievance mechanisms and procedures applied for grievance with the AHs. • Consultations with relevant stakeholders e.g. PPOs, DCOs, beneficiary communities, and AHs to evaluate and verify land acquisition and potential impacts. • Site visits to the construction sites to collect the information of preparatory and ongoing construction activities of subprojects. • Collection of water samples and analysis for both general parameters and pesticides.
36 NRI-AF LAMDDR Houay Xo 2 PRI Subproject
• Collection of water, soil, and crops for analysis on site with field-test kits for demonstration and awareness raising to the beneficiary communities regarding the impacts and risks of pesticide and herbicide uses. • Provision of recommendations to PPOs and DCOs regarding mitigation measures and possible corrective actions.
129. The schedule of external monitoring considers two monitoring mission per year and the preparation of related external safeguards monitoring reports.
15. CONCLUSIONS AND RECOMMENDATIONS 130. The phase II is to be commended for becoming a transition period of the NRIAF. Through its in-kind compensation it provides the change from voluntary land contribution as successfully completed in phase I, to in-cash compensation to be applied for phases III and IV as agreed between ADB and MoF as contract partners in agreement with MAF and NPMO as executing agency.
15.1 Conclusions 131. EA, IA and GIC have taken their planning, preparing, and implementing of compensation measures seriously for making such substantial changes to the phase II approach to be in compliance with SR2 and SR3. This includes: • Active participation of farming villagers in discussions and transect walks during FSD and DED stages. • The communities’ good cooperation with EA/IA, thus avoiding significant issues which would have required formal application of the GRMs. • Their consultation in public meetings on LAC aspects. • The collaboration of AHs for surveys. • The AHs supportive and flexible attitude towards land contribution and compensation package. • The AHs acceptance about the offered in-kind compensation components based on discussed and agreed unit rates. • Others.
132. It is understood that following ADB safeguards aims at helping everyone achieve good implementation, smooth progress and to ensure APs are satisfied with outcomes. However, it can be observed and was partly experienced, that benefitting communities and farmers started questioning the seriousness of the subproject in construction work to provide new and rehabilitated irrigation infrastructure.
133. The compensation measure for all 6 AHs is covered by land titling. It provides all 6 AHs with the reliable safety as landowners to invest on their land, and equally important, strengthens their income base.
15.2 Completed Compensation and Suggested Start of Rehabilitation Work 134. The PPO informed about the compensation package as shown in Table 17.
135. The subproject has proven its sincere efforts to provide the compensation as agreed with AHs. The status indicates that all compensation activities have been completed in Q2 2020.
136. The completion of compensation has been documented in Attachment 5.4, which covers the requirement for compensation completion reporting. This will be part of the half-yearly safeguard monitoring report as proposed under the CAP.
37 NRI-AF LAMDDR Houay Bong PRI Subproject
Table 17: Compensation Completion Status Status by PPO Component 23 Sept. 2020 Handing over completed Land Titling Completed Documented receipt Agriculture Not applied
137. Therefore, the subproject is in a position, where start of civil work of irrigation infrastructure should be approved. Table 18 recommends a full civil work implementation concerning rehabilitation of existing and construction of new irrigation infrastructure. This also takes into account (i) the range of numbers of AHs varying between 0 and 4 for the different irrigation sub- schemes, and (ii) different irrigation infrastructure, for which no land acquisition is required. Table 18: Overview on Land Acquisition, Compensation and Proposed Construction Start
15.3 Recommendations 15.3.1 Integrated Tasks 138. There are four activities under Table 19 recommended as tasks. They should be taken into consideration by the planning of current subproject activities. As they can be integrated in ongoing activities, there is no need to initiate additional work for EA, IAs and GIC, however, their implementation has to be supervised.
Table 19: Recommended Tasks Tasks No. Topic By Item T-1 Livelihood NPMO ➢ Ensuring offered priority of AHs for job opportunities. PPO / DCO ➢ AHs might or might not show interest in such opportunities. GIC T-2 PPO / DCO ➢ Ensuring participation of AHs in subproject associated GIC initiatives in case AHs show interest in such opportunities. T-3 NPMO Monitoring GIC ➢ Internal monitoring about CAP implementation T-4 NPMO ➢ External monitoring about LAC safeguard items. EMO
15.3.2 Corrective Action Planning 139. There are five corrective actions (CAs) recommended under Table 20. 140. The required CA-1 concerns the provision of the corrective in-cash compensation. This has priority. 141. The required CA-2 and CA-3 cover the reporting on compensation completion. 142. The CA-4 should take into consideration the subproject conditions concerning adverse impacts on vulnerable AHs during construction, and whether support mechanisms would trigger.
38 NRI-AF LAMDDR Houay Bong PRI Subproject
Subsequently, the CA-4 could, as option 1, be carried out to have data available in case of special assistance would have to be provided to vulnerable AHs, but could, as option 2, also be performed in dependence whether such impacts occur actually. From an implementing perspective under the given subproject circumstances, option 2 is the most pragmatic approach. 143. The last action CA-5 concerns provision of an Updated PIB and selected information on chosen topics for AHs in relation with the current status of the subproject. Table 20: Corrective Action Plan Corrective Action No. Topic Purpose Schedule By Main Items CA-1 Provision of NPMO ➢ Preparation of work plan ➢ Completing in-cash Half 1 in-cash PPO incl. , how the corrective compensation 2021 compensation DCO in-cash compensation ➢ Replacing in-kind will be consulted with compensation in form AHs, recorded, and of land-titling delivered to AHs. ➢ AH consultation. ➢ Coordination with Agr. Development Bank ➢ Others. CA-2 In-kind Quarter 1 Compensation 2021 Completion Through Reporting ➢ Filing receipts signed Internal by AHs. Safeguard ➢ Verification of received NPMO ➢ Comparison Monitoring compen-sation by AHs PPO between planned Report ➢ PPO/DCO to document CA-3 In-cash DCO compensation Quarter 3 received compensation Compensation GIC agreement and 2021 as signed by AH. Completion actual provision of Through Reporting compensation. Internal Safeguard Monitoring Report CA-4 Verification of PPO ➢ Updating information ➢ Documenting actual Half 1 AH vulnerability DCO about vulnerability status. 2021 status GIC status of AHs. ➢ Establishing basis ➢ Verification of real for external situation in villages. monitoring. ➢ Combined fieldwork ➢ Establishing set of with CA-1 data about vulnerable AHs if special assistance should be required in case subproject construction would cause adverse impacts on income and livelihood of vulnerable AHs. CA-5 PIB PPO ➢ Preparation of updated ➢ Provision of updated Quarter 1 DCO PIB. information for AHs. 2021 GIC
39 NRI-AF LAMDDR Houay Bong PRI Subproject
ATTACHMENT 1.1-1: FS STAGE LARC FACT FINDING: PHOTO DOCUMENTATION PRI Subproject Houay Bong IRRIGATION SELECTED FEATURES SUB- ACCESS WEIR CANAL AREA SCHEME
Houay Mouak
PHOTO 1: PHOTO 2: PHOTO 3: PHOTO 4: WALKING TRACK TO LOCATION OF WEIR EARTH MAIN CANAL TYPICAL LANDSCAPE AND WEIR PRODUCTIVE LAND
Houay Kin
PHOTO 5: PHOTO 6: PHOTO 7: PHOTO 8: ACCESS CONDITIONS TO WEIR WOODEN WEIR EARTH MAIN CANAL TYPICAL LANDSCAPE AND PRODUCTIVE LAND
Houay Khong 1
PHOTO 9: PHOTO 10: PHOTO 11: PHOTO 12: ACCESS CONDITIONS TO WEIR CONCRETE WEIR TYPICAL CONDITIONS TYPICAL LANDSCAPE AND AND MAIN CANAL PRODUCTIVE LAND
Houay Khong 2
PHOTO 13: PHOTO 14: PHOTO 15: PHOTO 16: ACCESS CONDITIONS ALONG MAIN CONCRETE WEIR TYPICAL CONDITIONS TYPICAL LANDSCAPE AND CANAL PRODUCTIVE LAND
Houay Neuam
PHOTO 17: PHOTO18: PHOTO 19: PHOTO 20: ACCESS CONDITION IN SUB- CONCRETE WEIR TYPICAL CONDITIONS TYPICAL LANDSCAPE AND SCHEME PRODUCTIVE LAND
A - 1 NRI-AF LAMDDR Houay Bong PRI Subproject
ATTACHMENT 1.1-2A: DED STAGE LAC-DESIGN FACT FINDING: PHOTO DOCUMENTATION PRI Subproject Houay Bong subproject IRRIGATION SELECTED FEATURES SUB - ACCESS WEIR CANAL AREA SCHEME
Houay Mouak
PHOTO 21: PHOTO 22: PHOTO 23: PHOTO 24: TRANSECT WALK ALONG TRACKS TAKING MEASUREMENT AT EARTH MAIN CANAL TYPICAL LANDSCAPE AND LOCATION OF NEW WEIR PRODUCTIVE LAND
Houay Kin
PHOTO 25: PHOTO 26: PHOTO 27: PHOTO 28: TRANSECT WALK ALONG TRACKS CONCRETE WEIR EARTH MAIN CANAL TYPICAL LANDSCAPE AND PRODUCTIVE LAND
Houay Khong 1
PHOTO 29: PHOTO 30: PHOTO 31: PHOTO 32: ACCESS TO WEIR CONCRETE WEIR AND CANAL MAIN CANAL BETWEEN RESID. TYPICAL PADDY FIELD AND AGR. AREAS
A - 2 NRI-AF LAMDDR Houay Bong PRI Subproject
ATTACHMENT 1.1-2B: DED STAGE LAC-DESIGN FACT FINDING: PHOTO DOCUMENTATION PRI Subproject Houay Bong subproject IRRIGATION SELECTED FEATURES SUB - ACCESS WEIR CANAL AREA SCHEME
Houay Khong 2
PHOTO 33: PHOTO 34 AND 35: PHOTO 36: ACCESS TO MAIN CANAL VERIFYING ALIGNMENTS OF CANALS. TYPICAL PADDY FIELD
Houay Neuam
PHOTO 37: PHOTO38: PHOTO 39: PHOTO 40: TYPICAL TRACK TO FIELDS CONCRETE MASONRY WEIR TYPICAL EARTH CANAL TYPICAL LANDSCAPE AND PRODUCTIVE LAND
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ATTACHMENT 1.2: LARC FACT FINDING: SCREENING PRI Subproject Houay Bong
TECHNICAL DESCRIPTION
MAIN COMPONENTS YES NO DESCRIPTION Upgrading or rehabilitation x Rehabilitation Construction of new physical facilities x Some new facilities to be constructed In Houay Mouak irrigation sub-scheme, some part of main canal Residential area x passes through village Non-residential area x Nearly all land of irrigation sub-schemes concerns agricultural land
Access x There are existing access roads and tracks Weir x Rehabilitating and constructing new ones Main canal x Rehabilitation and new ones Other canal/s x ISbS-Houay Khong 2: Secondary canals Gates x They can include intake gate, sluice gate, sluice stop log gate, etc. They can include farm turnouts, divisions, crossings, drainage Canal structures x culverts, flumes, side spillways, and others. Drains x Road x O&M road
POTENTIAL LAND ACQUISITION, RESETTLEMENT AND COMPENSATION (LARC) RELATED IMPACTS
SELECTED KEY ITEMS YES NO DESCRIPTION Permanent land acquisition x Irrigation Sub-scheme: Houay Kong 2 Only in case contractor would have requirements for his Temporary land acquisition x construction approach. Loss of houses/compounds x Loss of agricultural land x Same as above under permanent land acquisition Displacement of people x Change of land ownership and usage x
Loss of crops/trees x Loss of incomes and livelihoods x Loss of businesses/enterprises x Loss of access to facilities/services x Loss of community assets/ties x Loss of cultural/historical properties x AHs can participate in the subprojects’ associated initiatives, such as agricultural extension program, female-focused extension Affected non-titled or vulnerable groups x service activities, but also obtain priority for temporary job opportunities through contractor (defined contract specifications) Affected socio-economic activities x
FINDING: There are involuntary resettlement impacts that, however, are not deemed significant. Remaining as Category B in DED stage compared with Category B at Final FS stage CATEGORY: A B √ C D Feasibility Study Detailed Eng. Design √ NOTE: Listed screening items are in accordance with checklists of both Lao PDR guidelines and ADB regulations
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ATTACHMENT 1.3-1: MAJOR WORKS OF PROPOSED IRRIGATION DEVELOPMENT PLAN PRI Subproject Houay Bong Irrigation Present situation Rehabilitation of the canals Rehabilitation of the weir sub-scheme of the weir and related structures 1. Houay Mouak Earth weir (W=24m) • Construction of KKU-Lao Type of • MC: Total MC=1,600m, Concrete RC weir (W=24m, H=1.55m, lining (proposed plan) =1,600m, L=12.5m) with 5 stop log type sluice Flume (2 nos.), Farm turnout (7 gates. nos.), Drop structure (3 nos.), Check • Installation of one steel intake structure (1 no.), End canal structure control gate. (1 no.). • Increase of height of earth dike • Total 1.5 km of O&M road along spillway by 1.0m (top W=4m, main canal. L=34m). • Cover of surface of dike with stone concrete for emergency spillway. • River bank protection upstream and downstream with gabion. • Downstream river bed erosion protection (6mx34m). • One fish pass (W=2.0m) with stone concrete. 2. Houay Kin Total five (5) • Construction of 5 nos. of KKU-Lao • MC1: Total MC1=450m, Concrete bamboo weirs Type of RC weir (W=8-10m, H=0.8- lining (proposed plan) =100m, Drop (Houay Kin 1 to 5) 2.0m, L=15m) with 3 stop log type structure (1 no.), Farm turnout (2 with earth open sluice gates (W=1.0m) for each nos.), Drainage inlet structure (1no.) intake for each weir weir. • MC2: Total MC2=817m, Concrete • Fish passes (W=2m) with stone lining (proposed plan) =200m, Drop concrete are provided for 4 weirs, structure (4 nos.), Farm turnout (6 the height of which is more than nos.), Check structure (1 no.), Drop 1.0m. structure (2 nos.), Farm turnout (4 nos.), Division structure (1 no.) • MC3: Total MC3=485m, Concrete lining (proposed plan) =200m, Drop structure (2 nos.), Farm turnout (4 nos.), Division structure (1 no.) • MC4: Total MC4=600m, Concrete lining (proposed plan) =200m, Drop structure (1 no.), Farm turnout (5 nos.), Drainage inlet structure (1 no.) • MC5: Total MC5=750m, Concrete lining (proposed plan) =200m, Drop structure (2 nos.), Farm turnout (5 nos.), Drainage inlet structure (1 no.) • Total 0.9 km of O&M road along main canal.
3. Houay Khong 1 Concrete weir • Desilting sediment from weir basin • MC: Total MC=250m, Concrete lining (W=18m, H=2m, (1.8mx21mx40m) (proposed plan) =250m, Division L=14m) with one • Install steel intake control gate structure (2 nos.), Farm turnout (2 stop log intake (right (0.8mx0.8m) nos.) bank) and 2 stop log • RSC: Total RSC=300m, Concrete sluice gates • Install steel sluice control gate (1.0mx1.0m) lining (proposed plan) =300m, Farm turnout (6 nos.) • Downstream protection of both sides of river bank with gabion • LSC: Total LSC=300m, Concrete lining (proposed plan) =300m, Farm • Fish pass (W=2m) with stone turnout (3 nos.), Drop structure (1 concrete block no.) • Total 0.25 km of O&M road along main canal.
A - 5 NRI-AF LAMDDR Houay Bong PRI Subproject
ATTACHMENT 1.3-2: MAJOR WORKS OF PROPOSED IRRIGATION DEVELOPMENT PLAN PRI Subproject Houay Bong Irrigation Present situation Rehabilitation of the canals Rehabilitation of the weir sub-scheme of the weir and related structures 4. Houay Khong 2 Concrete weir • Install steel intake control gate • RMC: Total RMC=1,500m, Concrete (W=20m, H=1.8m, (0.7mx0.7m) lining (plan) =1,500m, Farm turnout L=14m) with one • Downstream protection both sides (6 nos.), Division box (1 no.) stop log intake (right river bank with gabion • LSC: Total LSC=200m, Concrete bank) and 2 stop log lining (proposed plan) = 200m, Farm sluice gates • Fish pass (W=2m) with stone concrete block turnout (1 no.) • Total 1.5 km of O&M road along main canal. 5. Houay Neuam Concrete weir • Increase weir crest by 20 cm and • MC1: Total MC1=1,000m, Concrete (W=20m, H=2.0m, additional cut-off lining (proposed plan)=1,000m and L=10m) with one • Construct new intake with steel concrete cover of the canal, Slope open intake (right control gate (0.8mx0.6m) protection by gabion and bio- bank) and 2 stop log engineering including grass/tree sluice gates • Fish pass (W=2m) with stone planting and bamboo frame (L=80m) concrete block • MC2: Total MC2=1,000m, Concrete lining (proposed plan)=1,000m • MC3: Total MC3=1,000m, Concrete lining (proposed plan) =1,000m, Drop structure (1 no.), Canal bridge (3 nos.), Farm turnout (15 nos.) • Total 3.0 km of O&M road along main canal.
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ATTACHMENT 1.4: TECHNICAL FEATURES AND RELATED AFFECTED HOUSEHOLDS
A - 7 NRI-AF LAMDDR Houay Bong PRI Subproject
ATTACHMENT 1.5: MAPPING OF AHS AND THE LOCATION OF THEIR AFFECTED LAND
A - 8 NRI-AF LAMDDR Houay Bong PRI Subproject
ATTACHMENT 2.1-1: LAC CONSULTATION & COORDINATION: PHOTO DOCUMENTATION Feasibility Study Stage PRI Subproject Houay Bong Houay Mouak Irrigation Sub-scheme
PHOTO 1-3: PUBLIC VILLAGE MEETING HAAD MOUAK VILLAGE
Houay Kin Irrigation Sub-scheme
PHOTO 4-6: PUBLIC VILLAGE MEETING IN SIDONECHAI VILLAGE
Houay Khong 1 and 2 Irrigation Sub-schemes
PHOTO 7-9: PUBLIC VILLAGE MEETINGS IN THE VILLAGES HOUAY SANG AND HOMSOUK
Houay Neuam Irrigation Sub-scheme
PHOTO 10-12: PUBLIC VILLAGE MEETING NAHOM VILLAGE
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ATTACHMENT 2.1-2: LAC CONSULTATION & COORDINATION: PHOTO DOCUMENTATION
DETAILED ENGINEERING DESIGN STAGE: VILLAGE MEETINGS PRI Subproject Houay Bong
PHOTO 13: NAHOUM VILLAGE PHOTO 14: NAHOUM VILLAGE PUBLIC DED CONSULTATION FOR HOUAY KIN SUB SCHEME PUBLIC DED CONSULTATION FOR HOUAY KIN SUB SCHEME
PHOTO 15: HOUAY KHONG 2 SUBPROJECT: PHOTO 16:PONGLATH VILLAGE PRESENTATION OF DED TO VILLAGERS IN PUBLIC MEETING DISCUSSION AFTER DED PRESENTATION
ATTACHMENT 2.1-3: LAC CONSULTATION & COORDINATION: PHOTO DOCUMENTATION
DETAILED ENGINEERING DESIGN STAGE: INDIVIDUAL MEETINGS WITH AHS PRI SUBPROJECT HOUAY BONG
PHOTO 17 AND 18: DURING TRANSECT WALK ALONG CANAL ALIGNMENTS
PHOTO 19: AH SIGNING THE CEF IN LONGNAI KAO VILLAGE PHOTO 20: AH DURING CLARIFICATION OF LAND REQUIREMENTS
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ATTACHMENT 2.2-1: LAC CONSULTATION & COORDINATION: EVENTS PRI Subproject Houay Bong SELECTIVE LAC RELATED ITINERARY DATE ACTION DESCRIPTION N R I
Inception workshop (i) Introduction to key stakeholders including 03 August representatives from MAF, MoF and Project staff from ------2011 Bokeo, Luang Namtha, Phongsaly and Oudomxay Vientiane City provinces.
Training Component Social Safeguard for Project Staff: Capacity Development Training 24-27 December (i) General M&E of LARC related items; ------2012 Oudomxay Town (ii) Specific criteria concerning pre-construction, con- struction and post-construction (operation) phases. S P P T A 23 February S-PPTA orientation meeting (i) S-PPTA introduction to key stakeholders of Oudomxay 2015 ------Province. Oudomxay Town
Assessment of proposed PRI For all four provinces and all potential PRI subprojects: Dec. subprojects for all provinces (i) Elaboration on irrigation facilities. 2015 ------(ii) Verification on irrigation requirements and potentials. All PRI subproject areas (iii) Preparing list of irrigation sub-schemes. N R I A F For the 7 PRI subprojects of Project Year 5: (i) Review of scheme layouts. Irrigation pre-design evaluation (ii) Verification of options for scheme development. Dec. ------(iii) Clarification with farming communities on their rainfed 2016 PY 5 Subproject areas and irrigated farming practices. (iv) Discussing technical issues and O&M aspects. (v) Others.
23 May Project orientation mission 2017 ------Meeting and Prel. FS related LAC Houay Mouak assessment in village Haad Mouak Irrigation Total participants: 79 Sub-scheme (25 female and 54 male) 24 May Project orientation mission Topics presented to PPO, DCO, district/village authorities, 2017 ------residents: Meeting and Prel. FS related LAC Houay Kin (i) Background of Project. assessment in village Sidonechai Irrigation Total participants: 72 (ii) Scope of rehabilitation/construction of irrigation Sub-scheme (37 female and 61 male) infrastructure. 28 July Project orientation mission (iii) Briefing on Project’s associated initiatives. 2017 ------(iv) Introducing social and environmental safeguards Meeting and Prel. FS related LAC Houay Khong 1 aspects (ADB regulations and Lao laws. assessment in village Hangdoi Irrigation Total participants: 30 (v) Benefit Monitoring & Evaluation. Sub-scheme (3 female and 27male) (vi) Other. 27 July Project orientation mission 2017 ------Meeting and Prel. FS related LAC Houay Khong 2 assessment in village Phouglath Irrigation Total participants: 35 Sub-scheme (3 female and 32 male)
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ATTACHMENT 2.2-2: LAC CONSULTATION & COORDINATION: EVENTS PRI Subproject Houay Bong SELECTIVE LAC RELATED ITINERARY DATE ACTION DESCRIPTION N R I A F Project orientation mission 26 July ------2017 Meeting and Prel. FS related LAC Houay Neuam assessment in village Nahom Irrigation Total participants: 44 Sub-scheme (4 female and 40 male) (i) Inception Phase related topics. Project Inception Workshop Oct. (ii) Revised Project Schedule. ------2017 (iii) Presenting safeguards, incl. ADB about LARC items. Vientiane (iv) Others. (i) Implementation steps. Provincial Inception Training Nov. (ii) Schedule of activities. ------2017 4 provincial capitals (iii) Methodologies. (iv) Others. 27 December PMS fact finding mission 2017 ------Houay Mouak LARC meeting in village Haad Mouak LAC topics presented and discussed: Irrigation Total participants: 36 (i) Phase of the Project, stage of the PRI subproject, and Sub-scheme (5 female and 31 male) status of irrigation sub-scheme. 13 November PMS fact finding mission (ii) Introduction into social and environmental safeguards. 2017 ------Houay Kin LARC meeting in village Sidonechai (iii) Briefing into ADB and Lao regulations and laws. Irrigation Total participants: 63 (iv) Explaining Acquisition and Compensation. Sub-scheme (11 female and 52 male) (v) Explaining type of ownership (title, certificates, tax 15. November PMS fact finding mission payments). 2017 ------(vi) Presenting GRM. Houay Khong 1 LARC meeting in village Houay Sang (vii) Presenting EMP aspects. Irrigation Total participants: 54 Sub-scheme (6 female and 48 male) (viii) Discussion about dry season cultivation. 14. November PMS fact finding mission (ix) Open round for clarification and questions & answers. 2017 ------(x) Other. Houay Khong 2 LARC meeting in village Homsouk Agreed actions: Irrigation Total participants: 43 Sub-scheme (10 female and 33 male) (xi) Joint transect walks of villagers, IA/EA, and GIC in irrigation sub-schemes with focus on locations and 11. November PMS fact finding mission alignments of existing and future irrigation infrastructure. 2017 ------(xii) Verification of impacts on private assets through Houay Neuam LARC meeting in village Nahom Preliminary Measurement Survey. Irrigation Total participants: 55 Sub-scheme (7 female 48 male)
Review of selection and technical aspects including among Final irrigation engineering others: 25 Nov – 05 Dec. verification site visit (i) Conditions of existing irrigation infrastructure. 2017 ------7 Subproject areas (ii) Existing and/or new canal alignments. (iii) Irrigation related requirements of villagers/WUAs.
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ATTACHMENT 2.2-3: LAC CONSULTATION & COORDINATION: EVENTS PRI Subproject Houay Bong SELECTIVE LAC RELATED ITINERARY DATE ACTION DESCRIPTION N R I A F – DED S T A G E Items: (i) Village meeting with DED team about scheme layout. 9 and 10 DED consultation to villagers (ii) Presentation of design and verification with farmers December ------(iii) Specific details clarified among farmers and engineers 2018 Houay Bong (iv) Validation of LAC items (v) Others N R I A F – LAC S T A G E 4 to 5 Sep Items: 2019 (i) Review of final land acquisition. LAC Steps (ii) Adjusting and/or confirming surveys. ------07 (iii) Application of compensation entitlement forms. Houay Bong February (iv) Final compensation statement. 2020 (v) Others
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ATTACHMENT 2.3-1: LARC CONSULTATION & COORDINATION: ATTENDANCE SHEETS
HOUAY MOUAK IRRIGATION SUB-SCHEME PUBLIC PROJECT ORIENTATION MEETING INCL. PREL. LAC BRIEFING IN HAAD MOUAK VILLAGE STAGE: FS VENUE: VILLAGE MEETING HALL DATE: 23 MAY 2017 TIME: 9:15 – 11:35 PARTICIPANTS: TOTAL: 79 (FEMALE 25) ETHNICITY: Lao-Tai 79 (Female 25) FACILITATOR: PPO/DCO AND GIC SUPPORTED BY HEAD OF VILLAGE
Shown is one page out of 4 attendance sheets. The complete original set of attendance sheets is administered by GIC HOUAY KIN IRRIGATION SUB-SCHEME PUBLIC PROJECT ORIENTATION MEETING INCL. PREL. LAC BRIEFING IN SIDONECHAI VILLAGE STAGE: FS VENUE: VILLAGE MEETING HALL DATE: 24 MAY 2017 TIME: 9:35 – 11:25 PARTICIPANTS: TOTAL: 98 (FEMALE 37) ETHNICITY: Lao-Tai 96 (Female 37), Hmong-Mien 2 (Female 0) FACILITATOR: PPO/DCO AND GIC SUPPORTED BY HEAD OF VILLAGE
Shown is one page out of 7 attendance sheets. The complete original set of attendance sheets is administered by GIC
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ATTACHMENT 2.3-2: LARC CONSULTATION & COORDINATION: ATTENDANCE SHEETS
HOUAY KHONG 1 IRRIGATION SUB-SCHEME PUBLIC PROJECT ORIENTATION MEETING INCL. PREL. LAC BRIEFING IN HANGDOI VILLAGE STAGE: FS VENUE: VILLAGE MEETING HALL DATE: 28 JULY 2017 TIME: 09:35 – 10:35 PARTICIPANTS: TOTAL: 30 (FEMALE 3) ETHNICITY: LAO-TAI 30 (FEMALE 3) FACILITATOR: PPO/DCO SUPPORTED BY HEAD OF VILLAGE
Shown is the first page out of 2 attendance sheets. The complete original set of attendance sheets is administered by GIC
HOUAY KHONG 2 IRRIGATION SUB-SCHEME PUBLIC PROJECT ORIENTATION MEETING INCL. PREL. LAC BRIEFING IN PHOUGLATH VILLAGE STAGE: FS VENUE: VILLAGE MEETING HALL DATE: 27 JULY 2017 TIME: 08:45 – 11:25 PARTICIPANTS: TOTAL: 35 (FEMALE 3) ETHNICITY: Lao-Tai 35 (Female 3) FACILITATOR: PPO/DCO SUPPORTED BY HEAD OF VILLAGE
Shown is one page out of 2 attendance sheets. The complete original set of attendance sheets is administered by GIC
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ATTACHMENT 2.3-3: LARC CONSULTATION & COORDINATION: ATTENDANCE SHEETS
HOUAY NEUAM IRRIGATION SUB-SCHEME PUBLIC PROJECT ORIENTATION MEETING INCL. PREL. LAC BRIEFING IN NAHOM VILLAGE STAGE: FS VENUE: VILLAGE MEETING HALL DATE: 26 JULY 2017 TIME: 09:00 – 11:15 PARTICIPANTS: TOTAL: 44 (FEMALE 4) ETHNICITY: Lao-Tai 43 (Female 4), Mon Khmer 1 (Female 0) FACILITATOR: PPO/DCO SUPPORTED BY HEAD OF VILLAGE
Shown is the first page out of 3 attendance sheets. The complete original set of attendance sheets is administered by GIC HOUAY MOUAK IRRIGATION SUB-SCHEME PUBLIC LAC MEETING IN HAAD MOUAK VILLAGE STAGE: FS DATE: 27 MAY 2017 TIME: 09:35 – 11:25 PARTICIPANTS: TOTAL: 36 (FEMALE 5) ETHNICITY: Lao-Tai 29 (Female 5); Mon Khmer 6 (Female 0) Hmong-Mien 1 (Female 0) FACILITATOR: PPO/DCO AND GIC SUPPORTED BY HEAD OF VILLAGE
Shown is the first page out of 4 attendance sheets. The complete original set of attendance sheets is administered by GIC
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ATTACHMENT 2.3-4: LARC CONSULTATION & COORDINATION: ATTENDANCE SHEETS
HOUAY KIN IRRIGATION SUB-SCHEME PUBLIC LAC MEETING IN SIDONECHAI VILLAGE STAGE: FS VENUE: Village meeting hall DATE: 13 NOV 2017 TIME: 09:10 – 10:50 PARTICIPANTS: Total: 63 (Female 11) Ethnicity: Lao-Tai 62 (Female 11), Mon Khmer 1 (Female 0) FACILITATOR: DCO and GIC supported by head of village
Shown is one page out of 5 attendance sheets. The complete original set of attendance sheets is administered by GIC HOUAY KHONG 2 IRRIGATION SUB-SCHEME PUBLIC LAC MEETING IN HOMSOUK VILLAGE STAGE: FS VENUE: Village meeting hall DATE: 14 NOV 2017 TIME: 09:35 – 11:05 PARTICIPANTS: Total: 43 (Female 10) Ethnicity: Lao-Tai 41 (Female 10); Tibet-Chinese 2 (Female 0) FACILITATOR: DCO and GIC supported by head of village
Shown is one page out of 3 attendance sheets. The complete original set of attendance sheets is administered by GIC
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ATTACHMENT 2.3-5: LARC CONSULTATION & COORDINATION: ATTENDANCE SHEETS
HOUAY KHONG 1 IRRIGATION SUB-SCHEME PUBLIC LAC MEETING IN HOUAY SANG VILLAGE STAGE: FS VENUE: Village meeting hall DATE: 15 NOV 2017 TIME: 09:45 – 11:15 PARTICIPANTS: Total: 54 (Female 6) Ethnicity: Lao-Tai 11 (Female 1); Mon Khmer 22 (Female 1); Hmong-Mien 21 (Female 4) FACILITATOR: DCO and GIC supported by head of village
Shown is the first page out of 5 attendance sheets. The complete original set of attendance sheets is administered by GIC NEUAM IRRIGATION SUB-SCHEME PUBLIC LAC MEETING IN NAHOM VILLAGE STAGE: FS VENUE: Village meeting hall DATE: 15 NOV 2017 TIME: 09:10 – 10:55 PARTICIPANTS: Total: 55 (Female 7) Ethnicity: Lao-Tai 33 (Female 7); Mon Khmer 22 (Female 0) FACILITATOR: DCO and GIC supported by head of village
Shown is the first page out of 5 attendance sheets. The complete original set of attendance sheets is administered by GIC
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ATTACHMENT 2.3-6: LAC CONSULTATION & COORDINATION: ATTENDANCE SHEETS
HOUAY BONG IRRIGATION SUB-SCHEME PUBLIC LAC MEETING FOR VILLAGES POUNGLATH AND HOUMSOUK STAGE: DED VENUE: Pounglath Village meeting hall DATE: 09 DEC 2019 TIME: 08:20 – 11:25 PARTICIPANTS: Total: 56 (Female 12) Ethnicity: Lao-Tai 56 (Female 12) FACILITATOR: PPO/DCO and GIC supported by head of village
Shown is the first page out of 4 attendance sheets. The complete original set of attendance sheets is administered by GIC HOUAY BONG IRRIGATION SUB-SCHEME PUBLIC LAC MEETING FOR VILLAGES NAHOME; XAYSAVANG; HOUAY PAN AND PANGTHONG STAGE: DED VENUE: NAHOME Village meeting hall DATE: 10 DEC 2018 TIME: 08:10 – 11:30 PARTICIPANTS: Total: 34 (Female 7) Ethnicity: Lao-Tai 34 (Female 7) FACILITATOR: DCO and GIC supported by head of village
Shown is the first page out of 3 attendance sheets. The complete original set of attendance sheets is administered by GIC
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ATTACHMENT 2.4: LAC CONSULTATION & COORDINATION: SUMMARY OF FEEDBACK FROM DED PUBLIC VILLAGE MEETINGS
TYPE OF SUB-SCHEMES AND DATE PARTICIPANTS PRESENTATION AND DISCUSSION MEETING VILLAGES 09 Public ISbS ▪ See Presentation: Dec. Village Houay Mouk attendance ▪ General introduction to Subproject. 2018 Meetings Houay Kin sheets in ▪ Specific description on engineering topics: about ▪ Houay Noum Attachment - Current design status of Subproject. DED ▪ Pangthong 2.3 - Scheme layout: Considered improvements through rehabilitation and/or new infrastructure. ▪ Houay Panh - Potential work and contribution for O&M of scheme; and ▪ Nahoum - Others. ▪ Saysavang ▪ Specific description on land acquisition and compensation: - Briefing on potential temporary / permanent loss of land/trees, vulnerable groups, entitlement; surveys. 10 ISbS - Explanation of ADB policy and Lao policy on entitlement and eligibility. Dec. Houay Khong1 - Introducing of Grievance Redress Mechanism. 2018 Houay Khong2 - Explaining cut-off-date, compensation/contribution; value of land (market and gov. prices); and ▪ Ponglath - Others. ▪ Houmsouk Summary of discussions of meetings which had same or similar thematic areas and items ▪ Houay Sang General: ▪ Hangdoy ▪ The village heads confirmed the cooperation of villages with the project; and
▪ The villagers expressed their satisfaction about the improvement of their schemes for better irrigated agriculture. ▪ The villagers mentioned their motivation to support the project. Specific clarification and/or actions Note: At that DED stage in all public meetings of sub-projects same/similar items were raised and discussed with farmers: (1) The design considers geographic local conditions and requirements from farmers on infrastructure for consideration in the scheme layout to the extent possible. (2) A joint transect walk has been agreed and performed in order to have final clarifications on alignments of canals and the ownership of land. (3) Compensation and contribution options concerning affected land have been presented and discussed. Value of affected land has been based on the DMS and calculated in the CEF on which the owners sign for in-cash compensation or donation (4) O&M aspects have been explained including irrigation rotations and fees. (5) Construction issues (workers not coming from your village or neighborhood, transport, solid waste issues) will be supervised by engineering team. Villagers should take care and inform village authority or Engineering team. (6) All the subproject households can participate in the subprojects’ associated initiatives, such as agricultural extension program, female-focused extension service activities. (7) Numerous village meetings took place, so that villagers wondered about the reasons for this. The context was explained, nevertheless, there is a need for reducing such events by combining them for different topics and/or purposes. (8) Others
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ATTACHMENT 2.5-1A: FINAL CONSULTATION AND AGREEMENTS ON COMPENSATION
HOUAY BONG SUBPROJECT SUMMARY OF FINAL FIELD WORK ON LAND ACQUISITION AND COMPENSATION 1. Objectives: 1.1 Purpose of this field work: Consultation on new compensation approach of the Project (between Government of Lao and ADB on in-kind compensation through land and agriculture components signed in the Aide Memoire signed on 24 December 2019 in Vientiane) with AHs and village representatives. 1.2 Outcome: Conducted meetings with PPO; DCO; APs; village authorities to review already agreed voluntary donation and replace them with compensation agreements with each AH. 2. Consultation with AHs: 2.1 Meetings with AHs: ▪ Date: 07/2/2020. Meeting with PPO and DCO and AHs in Dong village. Participants: 9; Female 1 and Male 8; Lao-Tai 9. ▪ Total participants: 9; Female 1 and Male 8; Lao-Tai 9. 2.2 Presented and discussed items: ▪ Current subproject status. ▪ Voluntary contribution and compensation according to ADB safeguard policy and Project policy on resettlement and compensation. ▪ Modified compensation approach for productive land: In-kind compensation through land titling component and agriculture component as agreed in ADB Review Mission related Aide Memoire signed on 24 December 2019. ▪ Features of Agriculture Compensation: Extension, green house and SRI rice seed production. 3. Results:
3.1 Understanding: APs understand the new element of the compensation policy of the project 3.2 Discussion: APs appreciated the two compensation components: ▪ This concerns private land but can also be applied for communal land. ▪ It is important for both the subprojects and the communities. APs proposed to PPO, DCO and district authorities to issues new land titles: ▪ For project affected land ▪ For land with not correct land certificates. In this context has been mentioned that all owners of land in the irrigation scheme will receive a land title. Confirmed the importance of agriculture related income and that they are highly motivated to cooperate and support the subproject, as the new irrigation infrastructure will provide a more reliable water supply throughout the year with at least two possible agricultural seasons. 3.3 Compensation Status: ▪ Compensation component land titling: Started in Feb. 2018 and is currently at completion stage for handing over titles. ▪ Compensation component agriculture: APs also acknowledged that they have no requests for such a component, as their loss of land has been compensated already through the land titling value. 3.4 Signed Compensation Statement: APs have signed compensation statements.
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ATTACHMENT 2.5-1B: FINAL CONSULTATION AND AGREEMENTS ON COMPENSATION
PHOTO DOCUMENTATION
Photos 1 to 3 ▪ Consulting AHs in Gnong village, Paktha District, 07 February 2020. ▪ PPO, DCO, GIC, village authorities with APs during meeting explaining policy and method of compensation through land titling and agriculture activities. ▪ Explaining impacts on land. ▪ Signing compensation agreements.
ATTACHMENT 2.5-1C: FINAL CONSULTATION AND AGREEMENTS ON COMPENSATION
ATTENDANT SHEET OF CONSULTATION MEETING IN DONG VILLAGE ; 07 FEBRUARY 2020
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ATTACHMENT 3.1: ANALYZED RESULTS: SOCIO-ECONOMIC SURVEY OF AHS
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ATTACHMENT 3.2: ANALYZED RESULTS: SOCIAL STATUS, VULNERABILITY AND AFFECTEDNESS OF AHS
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ATTACHMENT 3.2-2: SELECTED VULNERABILITY CRITERIA AS EXTRACTED FROM AVAILABLE VILLAGE LISTS
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ATTACHMENT 3.3: ANALYZED RESULTS: INVENTORY OF LOSS – DETAILS ABOUT AHS AND LAND OR OTHER ASSETS
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ATTACHMENT 3.5-1A: INVENTORY OF LOSS – UNIT RATES AS APPLIED IN PHA OUDOM DISTRICT IN 2019
Non-literal translation of extract of Table 1
Regulation for Province Bokeo
Bokeo Governor No. 77/BK Date 25 January 2017
Article 1. Agreement for used unit rate on compensation for land used in Bokeo Province
1. Unit rate for land compensation as in table below
Value/unit No. Type of land unit Remark rate 1 Residential Land M2 3000 2 Agriculture Land; Trees plantation Land M2 2500 3 Fallow Land or non-development land M2 1000 4 Paddy land 1 season (rainfed land) M2 3000 5 Paddy land 2 season M2 6000 6 New area crop M2 2000 7 Land not used M2 1200 N - 11 - -
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ATTACHMENT 3.5-1B: INVENTORY OF LOSS – UNIT RATES AS APPLIED IN PHA OUDOM DISTRICT IN 2019 AND CURRENT 2020
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ATTACHMENT 3.5-2A UNIT RATES – FOR BOTH LAND AND AGRICULTURAL COMPONENTS
COMPONENT DEFINED RATES BY PAFO BOKEO PROVINCE Non-literal English translation
Lao People’s Democratic Republic Peace Independence Democracy Unity Prosperity
Province: Phongsaly Department of PAFO No. 208/ PAF 2020 Phongsaly; Date 05 Feb 2020
Certification Letter Funding for unit rate of agriculture activities NRI-AF Project of Bokeo Province - Based on ADB Grant No. 0534 – Lao (FS) date 16 June 2017 - Based on Notification Letter of NRI AF No. 0031/ NRIAF; Date 16 January 2020 - Base on discussing with PPO and Technician on 28 January 2020 Forestry and Agriculture Department of Bokeo Province has allocated the budget for the compensation package in NRI-AF through land titling activities and provision of livestock to AHs in reference to estimated implementation of each compensation activity on budgeted average rates as follows: 1. Land titling activity: 300 Lak/sqm 2. SRI Rice seed production 3.800.000 Lak/AH 3. Cardamom production: 9.500.000 Lak/AH 4. Buying plants / tree: 100.000 Lak/tree 5. Goat raising: 1.600.000 Lak/piece
Therefore, PAFO of Bokeo has confirmed through this certificated letter for unit rates for the implementation of compensation measures through agriculture activities as mentioned above.
Deputy of PAFO Mr. Paramy Sonboudtasane
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ATTACHMENT 3.5-2B UNIT RATES – CALCULATED EXAMPLES
Land Titling: Land related fees and rate:
Agricultural Support Measures
No details provided, as the support measures are not required by the subproject
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ATTACHMENT 4.1: SURVEY DOCUMENTATION: DMS
DMS SHEET
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ATTACHMENT 4.2-1: SURVEY DOCUMENTATION: SESAH APPLIED HOUSEHOLD QUESTIONNAIRE – EXAMPLE AH NO. 1 (ALL QUESTIONNAIRES ARE ADMINISTERED BY PPO/GIC)
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ATTACHMENT 4.2-2: SURVEY DOCUMENTATION: SESAH APPLIED HOUSEHOLD QUESTIONNAIRE – EXAMPLE AH NO. 1 (ALL QUESTIONNAIRES ARE ADMINISTERED BY PPO/GIC)
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ATTACHMENT 4.2-3: SURVEY DOCUMENTATION: SESAH APPLIED HOUSEHOLD QUESTIONNAIRE – EXAMPLE AH NO. 1 (ALL QUESTIONNAIRES ARE ADMINISTERED BY PPO/GIC)
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ATTACHMENT 4.2-4: SURVEY DOCUMENTATION: SESAH APPLIED HOUSEHOLD QUESTIONNAIRE – EXAMPLE AH NO. 1 (ALL QUESTIONNAIRES ARE ADMINISTERED BY PPO/GIC)
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ATTACHMENT 4.3-1: SURVEY DOCUMENTATION: LAND OWNERSHIP
LAND USE CERTIFICATES AND/OR OTHER DOCUMENTS ▪ The authorities of the administrative area in which the Houay Bong irrigation sub- schemes is located, confirmed that the AHs are the owners of the affected land. ▪ During different surveys the DCO and GIC staff have been shown and/or informed about land ownership documents by the AHs. ▪ Booklet Agriculture Land Certificates includes: - Table for Residential Land. - Table for Agriculture Land. - Description & Field Neighbourhoods; - Land Used Certificate; and - Land Use Maps. ▪ During the LAC surveys these documents were not available, because the subproject’s land titling component had collected them from all land owners including AHs for procedural steps of preparing and issuing land titles. This concerns all 5 irrigation sub-schemes.
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ATTACHMENT 4.3-2: SURVEY DOCUMENTATION: LAND OWNERSHIP EXAMPLE
Non-literal translation of extracted pages
Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity
Ministry of Forestry and Agriculture
Agriculture Booklet Land Use.
Mr. Nou and Ms. Vanh
No. 135
Date: 30 May 2019
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ATTACHMENT 4.3-3: SURVEY DOCUMENTATION: LAND OWNERSHIP EXAMPLE
Extracted pages and content Extracted pages and content
Tax Receipt for Land ( new) 1. Paddy Land : 2500m2 2. Paddy Land : 6600m2 3. Tree Plantation Land : 9200m2 Total: 18,300 m2
Address and Personal Data about Land Owner Total: 1.83 ha = 18,300 m2
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ATTACHMENT 4.4: SURVEY DOCUMENTATION: CULTIVATION – PRACTICE PRI Subproject Nam Bong Irrigation Sub-scheme Information on Dry Season Cultivation Houay Mouak The head and representatives of the village Haad Mouak and Vangpom, and Irrigation attending residential villagers confirmed in the public village meeting, that there is Sub-scheme no dry season rice cultivation in this irrigation scheme, nor do they cultivate any other crops (vegetable, cash crops). Houay Kin The head and representatives of the villages Sidonechai and Haad Lee, and Irrigation attending residential villagers confirmed in the public village meeting, that there is Sub-scheme no dry season rice cultivation in this irrigation scheme, nor do they cultivate any other crops (vegetable, cash crops). Houay Khong 1 The head and representatives of the villages Houay Sang, Hangdoi and Phonxai, Irrigation and attending residential villagers confirmed in the public village meeting, that Sub-scheme there is no dry season rice cultivation in this irrigation scheme, nor do they cultivate any other crops (vegetable, cash crops). Houay Khong 2 The head and representatives of the villages Phouglath and Homsouk, and Irrigation attending residential villagers confirmed in the public village meeting, that there is Sub-scheme no dry season rice cultivation in this irrigation scheme, nor do they cultivate any other crops (vegetable, cash crops). Houay Neuam The head and representatives of the villages Xaysavang, Nahom and Pangthong, Irrigation and attending residential villagers confirmed in the public village meeting, that Sub-scheme there is no dry season rice cultivation in this irrigation scheme, nor do they cultivate any other crops (vegetable, cash crops).
Verification PPO, DCO and GIC have also been informed by farmers during transect walks, during preliminary and detailed measurement surveys, that there is no cultivation during Feasibility Study dry season in the irrigation sub-scheme areas.
Final Review As there is no change of the irrigation sub-scheme layouts by the detailed design, during there is no further action required. Detailed Design Stage
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ATTACHMENT 5.1-1: AGREEMENTS ON IN-KIND COMPENSATIONS THROUGH LAND-TITLING AND AGRICULTURE COMPONENTS
Houay Bong Subproject; Pah Oudom District; Bokeo Province - No. 01 Mr. Nou
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ATTACHMENT 5.1-2: AGREEMENTS ON IN-KIND COMPENSATIONS THROUGH LAND-TITLING AND AGRICULTURE COMPONENTS
Houay Bong Subproject; Pah Oudom District; Bokeo Province - No. 02 Mr. Maiseng
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ATTACHMENT 5.1-3: AGREEMENTS ON IN-KIND COMPENSATIONS THROUGH LAND-TITLING AND AGRICULTURE COMPONENTS
Houay Bong Subproject; Pah Oudom District; Bokeo Province - No. 03 Mr. Seng
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ATTACHMENT 5.1-4: AGREEMENTS ON IN-KIND COMPENSATIONS THROUGH LAND-TITLING AND AGRICULTURE COMPONENTS
Houay Bong Subproject; Pah Oudom District; Bokeo Province - No. 04 Mr. Khamxay
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ATTACHMENT 5.1-5: AGREEMENTS ON IN-KIND COMPENSATIONS THROUGH LAND-TITLING AND AGRICULTURE COMPONENTS
Houay Bong Subproject; Pah Oudom District; Bokeo Province - No. 05 Mr. Peng
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ATTACHMENT 5.1-6: AGREEMENTS ON IN-KIND COMPENSATIONS THROUGH LAND-TITLING AND AGRICULTURE COMPONENTS
Houay Bong Subproject; Pah Oudom District; Bokeo Province - No. 06 Mr. Chay
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ATTACHMENT 5.2: AGREEMENTS ON IN-KIND COMPENSATIONS THROUGH LAND-TITLING AND AGRICULTURE COMPONENTS LAO PDR Northern Rural Infrastructure Development Sector Project – Additional Financing (NRI-AF) PLAN FOR COMPENSATION THROUGH LAND TITLING AND AGRICULTURE COMPONENTS - SUBPROJECT:
Province: District: Village:
I/We: Mr. and/or Mrs./Ms.: Resident in: Confirm: 1. To be head or spouse of the household. 2. Having been fully informed by NRI-AF authorities in public meeting/s, during household survey/s and/or detailed measurement survey of my/our rights to entitlement to compensation for any loss of property (land, trees, crops, structures) by the subproject in relation to the NRI-AF land acquisition, resettlement and compensation policy. 3. Having been introduced into complaints/grievance procedures in case of disagreement with the assessment of loss of asset/s. 4. That Mr. or Mrs./Ms. ______is the owner of the affected asset/s listed below. 5. That the asset is free of squatters/encroachers and not subject to any other claim/dispute on ownership or any other encumbrances. 6. The loss of assets is related to the provision to the local authority for the subproject. 7. Losing the listed assets located in the subproject area to be provided to local authority to register asset loss for compensation. 8. I/We agree on the overview about affected asset/s and their values as shown in the table: LOSS Type of Affected Asset Quantity Units Affectedness Unit Rates Sub-Total/s (land, structures, (area of land/structure, [m2, trees, [%] of total land, [KIP/Unit] [KIP] trees, crop, etc.) number of trees, etc.) house, etc.] trees, etc.
Total Value of Loss 9. I/We agree on the land titling costs and the from me/us selected agricultural component/s as shown in the table: IN-KIND COMPENSATION Components Quantity Quantity Unit Rates Sub-Total/s [no] [name] [no] [unit] [KIP/Unit] [KIP] 1 Land Titling 2.1 SRI Rice seed production 2.2 Cardamon Production 2.3 Plants-Trees 2.4 Provision of livestock Total Value of Compensation 10. The value of compensation is same or higher than the value of lost assets. 11. I/We decided to voluntarily donate the affected land as contribution to the subproject, and do not request any compensation: AP/s as Indicate APs’ Expected Impacts Indicate Type of land Indicate Beneficiary Minor impact/s for AH Residential Direct beneficiary Serious impact/s for AH Business/Commercial 12. PPO confirms to take all possible precautions to avoid damage to any assets adjacent to the affected land, structures and other assets. 13. The provisions of this agreement will come into force from the date of signing of this deed. This date will serve also as cut-off-date. This document is final and executable and cannot be changed unless all signatories will conduct a consultation meeting to find an agreement.
Village: District: Date: Survey-Number:
Affected Household: Mr.: Mrs./Ms.:
Chief of Village: Chief of DAFO/CDO:
District Governor: Chief of PPO:
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ATTACHMENT 5.3-1: COMPLEMENTARY DOCUMENTATION CONFIRMATION BY PORVINCIAL GOVERNOR ON EXEMPTION ON FEES RELATED TO LAND TITLES
Houay Bong Subproject in Pha Oudom District and Houay Xo2 Subproject in Paktha District in Bokeo Province Non-literal English translation
Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity Governor No. 266/BK Bokeo; Date on 19 March 2020 Agreement on
Exemption of service fees in relation to handing over issued land titles for affected person concerning the planned construction work of the NRI-AF subprojects in Houay Xo2 and Houay Bong in Bokeo Province.
- According to the grant agreement ( Special Operations) NRI-AF between LAO PDR and ADB No. 534-LAO (SF) Date on 16 June 2017.
- According to the proposal letter of the Department of Agriculture and Forestry; No. 0410/PF;BK; Date on 16 March 2020. The Governor of Bokeo Province: Article 1: Agreement between Department of Agriculture and Forestry (PAFO) and the Department of Environmental and Natural Resource (PONRE) of the Bokeo Province to exempt fees in relation with the provision of land titles issued in Houay Xo2 and Houay Bong subprojects of Bokeo province to 10 Affected People (APs).
Article 2: For handing under NRI-AF in the Bokeo Province together with PAFO and PONRE the land titles for no costs to the APs as the
list below:
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ATTACHMENT 5.3-2 COMPLEMENTARY DOCUMENTATION CONFIRMATION BY PORVINCIAL GOVERNOR ON EXEMPTION ON FEES RELATED TO LAND TITLES
Houay Bong Subproject in Pha Oudom District and Houay Xo2 Subproject in Paktha District in Bokeo Province Non-literal English translation
Houay Xo2 Subproject in Paktha District: 4 APs 1. Mr. Khankhamlue in Dong village; 2. Mr. Somphone in Dong village; 3. Mr. Souvin in Dong village; 4. Mr. Somyoth in Dong village Houay Bong Subproject in Pha Oudom District: 6 APs 1. Mr. Nou in Ponglath Village; 2. Mr. Maiseng in Ponglath Village; 3. Mr. Seng in Ponglath Village ; 4. Mr. Xay in Ponglath village; 5. Mr. Peng in Pong village; 6. Mr. Chay in Pong village Article 3: After completion the handing over of the agriculture land titles the project team shall report to the concerned authorities. Article 4: This agreement shall enter into force on the date of signature. Deputy of Bokeo Governor Stamp and Signed Mr. Khamking Ouymanisack
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ATTACHMENT 5.4-1 COMPLEMENTARY DOCUMENTATION DOCUMENTED HANDING OVER AND RECEIPT OF LAND TITLES: AH NO 1: MR. NOU
Houay Bong Subproject in Pha Oudom District Non-literal English translation (Note: Locally different names are used for same AP)
Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity
Handing over / Receiving Land Title
Land titling map No. A-686-220; Land plot No. 20 Arear: 2,503 m2 ; Booklet land No. 08; Document No. 32 ; Land titling No. 382; Type of Land Paddy land; Region: suburban Plans; Road No; Unit: 07; Ponglath Village; Pha Uodom District; Bokeo Province;
Name of Owner Land; Mr. Nou House No.
Confirmation: Value of Land titling issue: 410,000 kip (Forty hundred and ten thousand kip)
According to the Agreement of Governor No. 266/Bokeo dated 19 March 2020 on the exemption of fees and in relation with land titling service for affected person because of the construction of the NRI-AF in Houay Xo 2 and Houay Bong subproject, Bokeo Province.
Landowner Village Chief Signature Signature Mr. Nou Stamp Ms. Oun Pheteawmixay
A - 49 NRI-AF LAMDDR Houay Bong PRI Subproject
ATTACHMENT 5.4-2 COMPLEMENTARY DOCUMENTATION DOCUMENTED HANDING OVER AND RECEIPT OF LAND TITLES: AH NO. 2: MR. MAISENG
Houay Bong Subproject in Pha Oudom District Non-literal English translation (Note: Locally different names are used for same AP)
Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity
Handing over / Receiving Land Title
Land titling map No. A-686-220; Land plot No. 13 Arear: 13,903 m2 ; Booklet land No. 08; Document No. 23 ; Land titling No. 373; Type of Land: Paddy land;
Region: suburban Plans; Road No; Unit: 06; Ponglath Village; Pha Uodom District; Bokeo Province;
Name of Owner Land; Mr. Maiseng Khounthapheng House No.
Confirmation: Value of Land titling issue: 451,000 kip (Four hundred and fifty-one thousand kip)
According to the Agreement of Governor No. 266/Bokeo dated 19 March 2020 on the exemption of fees and in relation with land titling service for affected person because of the construction of the NRI-AF in Houay Xo 2 and Houay Bong subproject, Bokeo Province.
Landowner Village Chief Signature Signature Mr. Maiseng Stamp Ms. Oun Pheteawmixay
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ATTACHMENT 5.4-3 COMPLEMENTARY DOCUMENTATION DOCUMENTED HANDING OVER AND RECEIPT OF LAND TITLES: AH NO 3: MR SENG
Houay Bong Subproject in Pha Oudom District Non-literal English translation (Note: Locally different names are used for same AP)
Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity
Handing over / Receiving Land Title
Land titling map No. A-686-220; Land plot No. 21 Arear: 25,397 m2 ; Booklet land No. 08; Document No. 31 ; Land titling No. 381; Type of Land Paddy land;
Region: suburban Plans; Road No; Unit: 07; Ponglath Village; Pha Uodom District; Bokeo Province;
Name of Owner Land; Mr. Seng House No.
Confirmation: Value of Land titling issue: 658,000 kip (Six hundred and fifty-eight thousand kip)
According to the Agreement of Governor No. 266/Bokeo dated 19 March 2020 on the exemption of fees and in relation with land titling service for affected person because of the construction of the NRI-AF in Houay Xo 2 and Houay Bong subproject, Bokeo Province.
Landowner Village Chief Signature Signature Mr. Seng Pheteawmixay Stamp Ms. Oun Pheteawmixay
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ATTACHMENT 5.4-4A COMPLEMENTARY DOCUMENTATION DOCUMENTED HANDING OVER AND RECEIPT OF LAND TITLES: AH NO. 4: MR. KHAMXAY
Houay Bong Subproject in Pha Oudom District Non-literal English translation (Note: Locally different names are used for same AP)
Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity
Handing over / Receiving Land Title
Land titling map No. A-686-220; Land plot No. 19 Arear: 2,514 m2 ; Booklet land No. 08; Document No. 33 ; Land titling No. 383; Type of Land Paddy land;
Region: suburban Plans; Road No; Unit: 08; Ponglath Village; Pha Uodom District; Bokeo Province;
Name of Owner Land; Mr. Khamxay House No.
Confirmation: Value of Land titling issue: 246,000 kip (Two hundred and forty-six thousand kip)
According to the Agreement of Governor No. 266/Bokeo dated 19 March 2020 on the exemption of fees and in relation with land titling service for affected person because of the construction of the NRI-AF in Houay Xo 2 and Houay Bong subproject, Bokeo Province.
Landowner Village Chief Signature Signature Mr. Khamxay Stamp Ms. Oun Pheteawmixay
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ATTACHMENT 5.4-4B COMPLEMENTARY DOCUMENTATION DOCUMENTED HANDING OVER AND RECEIPT OF LAND TITLES: AH NO. 4: MR. KHAMXAY
Houay Bong Subproject in Pha Oudom District Non-literal English translation (Note: Locally different names are used for same AP)
Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity
Handing over / Receiving Land Title
Land titling map No. A-686-220; Land plot No. 15 Arear: 3,823 m2 ; Booklet land No. 08; Document No. 28 ; Land titling No. 378; Type of Land Paddy land;
Region: suburban Plans; Road No; Unit: 08; Ponglath Village; Pha Uodom District; Bokeo Province;
Name of Owner Land; Mr. Khamxay House No. Confirmation: Value of land titling issue: 309,000 kip (Three hundred and nine thousand kip)
According to the Agreement of Governor No. 266/Bokeo dated 19 March 2020 on the exemption of fees and in relation with land titling service for affected person because of the construction of the NRI-AF in Houay Xo 2 and Houay Bong subproject, Bokeo Province.
Landowner Village Chief Signature Signature Mr. Khamxay Stamp Ms. Oun Pheteawmixay
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ATTACHMENT 5.4-5 COMPLEMENTARY DOCUMENTATION DOCUMENTED HANDING OVER AND RECEIPT OF LAND TITLES: AH NO. 5: MR. PENG
Houay Bong Subproject in Pha Oudom District Non-literal English translation (Note: Locally different names are used for same AP)
Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity
Handing over / Receiving Land Title
Land titling map No. A-686-220; Land plot No. 18 Arear: 8,479 m2 ; Booklet land No. 08; Document No. 25 ; Land titling No. 375; Type of Land Paddy land; Region: suburban Plans; Road No; Unit: 08; Ponglath Village; Pha Uodom District; Bokeo Province;
Name of Owner Land; Mr. Peng House No.
Confirmation: Value of Land titling issue: 353,000 kip (Three hundred and fifty-three thousand kip)
According to the Agreement of Governor No. 266/Bokeo dated 19 March 2020 on the exemption of fees and in relation with land titling service for affected person because of the construction of the NRI-AF in Houay Xo 2 and Houay Bong subproject, Bokeo Province.
Landowner Village Chief Signature Signature Mr. Peng Sengpheth Stamp Ms. Oun Pheteawmixay
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ATTACHMENT 5.4-6 COMPLEMENTARY DOCUMENTATION DOCUMENTED HANDING OVER AND RECEIPT OF LAND TITLES: AH NO. 6: MR. CHAY
Houay Bong Subproject in Pha Oudom District
Non-literal English translation (Note: Locally different names are used for same AP)
Lao People`s Democratic Republic Pease independent Democracy Unity Prosperity
Handing over / Receiving Land Title
Land titling map No. A-686-220; Land plot No. 22 Area: 9652 m2 ; Booklet land No. 08; Document No. 30 ; Land titling No. 360; Type of Land Paddy land;
Region: suburban Plans; Road No; Unit: 08; Ponglath Village; Pha Uodom District; Bokeo Province;
Name of Owner Land; Mr. Chay Kunyahack House No.
Confirmation: Value of Land titling issue: 374,000 kip (Three hundred and seventy-four thousand kip)
According to the Agreement of Governor No. 266/Bokeo dated 19 March 2020 on the exemption of fees and in relation with land titling service for affected person because of the construction of the NRI-AF in Houay Xo 2 and Houay Bong subproject, Bokeo Province.
Landowner Village Chief Signature Signature Mr. Chay Kunyahack Stamp Ms. Oun Pheteawmixay
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ATTACHMENT 5.5-1: COMPLEMENTARY LAC DOCUMENTATION: AGRICULTURAL COMPENSATION COMPONENT The agriculture extension has a promoting and piloting basis. This includes also direct and indirect measures for agriculture including (i) water user groups (WUGs) and water user group associations (WUGAs), (ii) participatory catchment pilot activities (PCMPA), (iii) promotion of clean agriculture, (iv) female-focused extension services (FFES), (v) farmer production group (FPG)/Contract Farming, (vi) rice seed multiplication demonstration (RSMD). This has been planned and is under ongoing implementation and requires for sustainability reasons continuous support and guidance throughout the subproject cycle. As the Project undertakes a change in the compensation approach during phase II, the in-kind compensation also includes an agricultural support component. This includes options for affected households to discuss about ad chose for their individual requirements and needs. The component 2 activities are at a stage, where first feedback indicates already satisfying results so that confirmed achievements provide a basis for applying the shown options 3 to 8 and 10. In addition these 6 options received interest in such agricultural and livestock related investments by households for their livelihood improvements. The option 9 was introduced, as additional option based on first experience gained in PCMPA. In addition, the options 1 and 2 (cow and buffalo) were included based on experience PAFO gained from other projects in their provinces.
Agricultural Compensation Component 1 2 3 4 5 6 7 8 9 10 Component Livestock Crops Cardamone SRI Rice Seed Trees Greenhouse Cow Buffalo Pig Goat Chicken Dug Production Production Agricultural Extension x x Female-focus Extension Service x x x x x Water Shed Management x x x In-kind Compensation x x x x x x x x x x
Therefore, the agricultural compensation component: ➢ Has received priority for the Project rather than extending agricultural extension initiatives. ➢ Subsequently, the provision of agricultural support is separately implemented as compensation measures instead of new agricultural piloting initiatives. ➢ Is part of the in-kind compensation which provides compensation for loss of private land. No other private assets are affected by the phase II subprojects.
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ATTACHMENT 5.5-2: COMPLEMENTARY LAC DOCUMENTATION: LAND-TITLING COMPENSATION COMPONENT BACKGROUND Land titling activity of NRI-AF Project is delivered to all farmers in command areas of all subprojects from Phase I to IV. Land certificates guarantee legal rights of the farmers over the parcels in the command areas of the subprojects. Securing land tenure through land titling builds up confidence of the farmers on their land ownership and is expected to promote investments into rice and other commercial crops in a longer-term view. In addition, strengthening of land ownership reduces conflicts and encroachments over the farmland, and contributes to poverty reduction. The number of target households, who obtain land ownership certificate was originally set at 5,000 households in the PAM. Land titling activities of NRI-AF Project have following features. (1) Land titling activity of NRI-AF Project targets only individual (private) paddy land in the command area of subprojects, because the objective of the land titling activities is to enhance effectiveness of PRI rehabilitation of the Project. (2) The Project supports issuance of both (a) permanent land titles by PONRE/DONRE and (b) agricultural land booklet/certificates by PAFO/DAFO. OBJECTIVES (1) Securing land tenure and access to agricultural land (paddy field) for all farmers in the NRI-AF Project area through upgrading land ownership status from land user to landowner. (2) Maintaining and securing agricultural land (paddy field) that have benefited from the project in order not to decrease the area or change the form of land use to other purposes (3) Plans and strategies of agricultural land management and allocation as well as permanent land titling to be implemented and expended in the province and districts (4) Performance and skills of provincial and district officials to be strengthened and improved IMLEMENTATION PROCEDURES Step 1: Consultation and Preparation of Management Structure Step 2: Implementation and Budget Plan at Provincial Level Step 3: Preparation of Field Survey Step 4: Implementation of Field Survey, Mediation and Database Management Step 5: Public Display, Dealing of Complaints and Concurrence Step 6: Verification and Issuance of Land Certificates and Hand-Over PROGRESS STATUS 3QAURTER 2020 Phase I and II have a total of 9 subprojects with 3,429 ha of command area. The land titling activities for the Phase I and II subprojects are implemented at 61 villages and the target of land certificates issuance is 5,918 plots. As of the end of September 2020, a total of 7,079 land certificates for 2,090.7ha of 4,650 HHs has been issued, and 4,416 land certificates were handed over to the landowners.
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ATTACHMENT 6.1-1: ADDITIONAL DOCUMENTS: TOR OF EXTERNAL SAFEGUARD MONITOR
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ATTACHMENT 6.1-2: ADDITIONAL DOCUMENTS: TOR OF EXTERNAL SAFEGUARD MONITOR
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ATTACHMENT 6.1-3: ADDITIONAL DOCUMENTS: TOR OF EXTERNAL SAFEGUARD MONITOR
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ATTACHMENT 6.1-4: ADDITIONAL DOCUMENTS: TOR OF EXTERNAL SAFEGUARD MONITOR
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ATTACHMENT 6.1-5: ADDITIONAL DOCUMENTS: TOR OF EXTERNAL SAFEGUARD MONITOR
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