48368-001: Myingyan Natural Gas Power Project

Social Monitoring Report (Part 1)

Project Number: 48368-001 August 2017

MYA: Myingyan Natural Gas Power Project

Prepared by Environ Myanmar Co., Ltd.

The social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “Terms of Use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Prepared for: The Asian Development Bank, Manila, Philippines and The International Finance Corporation, Hong Kong Multilateral Investment Guaranty Agency

Prepared By: Environ Myanmar Co Ltd Yangon, Myanmar

Date August 2017

Project Number: MM110015

LAND ACQUISITION AND RESETTLEMENT PLAN OBSERVATION REPORT MYINGYAN 225 MW GAS-FIRED COMBINED CYCLE POWER PLANT

(Volume 1 Main Report)

Revision This report is a revision of the draft report submitted in February 2017 and it includes Environ's responses to questions and comments submitted by ADB, IFC and MIGA, and it also reflects updated land acquisition and compensation information. Date August 2017 Made by Sharon Maharg, Josiah Bowles, Zin Mar Lwin and Esther Su Nwe Checked by Juliana Ding Approved by Juliana Ding Description Land Acquisition and Resettlement Plan Observer Report

Ref MM110015

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CONTENTS

1. INTRODUCTION 1 1.1 Background 1 1.2 Scope and Objective of the Observer Report 1 1.3 Change in Scope of Involuntary Resettlement Impacts in the project 1 1.4 Report Structure 2 1.5 November 2016 Site Visit 2 2. PROJECT DESCRIPTION 4 2.1 Location and General Description 4 2.2 Villages within the Project’s Area of Influence 5 2.3 Village Locations 5 3. LEGAL AND REGULATORY FRAMEWORK AND APPLICABLE INTERNATIONAL STANDARDS 7 3.1 Legal and Other Requirements 7 3.2 National Laws 7 3.3 Relevant Agencies 7 3.4 Applicable International Standards 7 3.5 Sembcorp’s Stakeholder and Community Engagement Policy 8 4. STAKEHOLDER ENGAGEMENT AND PUBLIC DISCLOSURE 9 4.1 Project Stakeholders 9 4.2 Engagement with Governmental Agencies 10 4.3 Community Consultations/Public Meetings 10 4.3.1 Initial Seven Villages 10 4.3.2 Additional Six Villages 12 5. THE PROJECT’S RESETTLEMENT IMPACTS 13 5.1 Physical Resettlement 13 5.1.1 Temporary Physical Displacement 14 5.2 Economic Displacement 15 5.2.1 Permanent Economic Displacement 15 5.2.2 Temporary Economic Displacement 15 5.3 No Impacts to Other Assets 17 6. LAND AND CROP COMPENSATION PROCESS 18 6.1 Methodology 18 6.1.1 Land Acquisition Act 18 6.1.2 Project-specific Considerations 18 6.1.3 Compensation Rate Determination 19 6.1.4 The Negotiation Process 19 6.1.4.1 Water Supply Pipeline Right-of-Way and Power Poles 19 6.1.4.2 Transmission Line Towers and Power Line 20 6.1.4.3 Other Non-Titleholders (squatters) 20 6.2 Steering Committee Meetings with the People Affected by the Project 21 6.3 Land and Crops Inventory 21 6.3.1 Significance of Land Loss 23 6.4 Negotiation Meetings with the PAPs 23 6.4.1 October, 2016 Negotiation Meetings 23 6.4.1.1 Taung Thar Township, 18 October 2016 23 6.4.1.2 Hta Naung Taing Village, 19 October 2016 23 6.4.2 Hta Naung Taing Village, 1 December 2016 24 6.5 Compensation Ceremonies 24 6.5.1 Hnann and Sa Khar Villages, 23 November 2016 24 6.5.2 Taung Thar Township, 1 & 4 February 2017 24

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6.5.3 Myingyan Township, 2 February 2017 24 6.5.4 Hta Naung Taing Village, 3 February 2017 25 6.6 Community Grievance Mechanism 25 6.7 Status of Compensation 26 7. CONCLUSIONS AND RECOMMENDATIONS 37 7.1 Conclusion and Recommendations 37 8. REFERENCES 38

TABLES

Table 1.1: November 2016 Site Visit Activities Table 4.1: Project Stakeholders Table 4.2: Stakeholder Engagement with Governmental Agencies Table 4.3: Stakeholder Engagement with Initial Seven Villages Table 4.4: Stakeholder Engagement with Additional Six Villages Table 6.1: Non-Title holders (squatters) Table 6.2: Number of Affected PAPs in Myingyan Township (as of October 2016) Table 6.3: Number of Affected PAPs in Taung Thar Township (as of October 2016) Table 6.4: Significance of Land Loss Table 6.5: Myingyan Land Acquisition (Crop Compensation Meeting) Table 6.6: Summary of Results of Negotiation and Compensation Meetings

FIGURES

Figure 2.1: Project Location (source: Sembcorp) Figure 5.1: Tea house in Aye Village (source: Sembcorp) Figure 5.2: Mini-grocery shop in Hta Naung Taing Village Figure 5.3: House with fence to be removed in Aye Village (source: Sembcorp)

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APPENDICES

Appendix A Updated Land and Crops Inventory as of February 2017 (Redacted for Confidential Information)

Appendix B Observer Social Site Visit 14-18 November 2016 Photolog

Appendix C June 2016 Stakeholder Engagement Meeting Records

Appendix D Observer 23 November 2016 Compensation Meeting Photolog

Appendix E Observer 1-4 February 2017 Compensation Meeting Photolog

Appendix F Stakeholder Engagement Database

Appendix G River Water Pipeline Route with Locations of Three Squatters

Appendix H Power Pole Route Along the River Water Pipeline

Appendix I Crop Pricing and Full replacement Land Compensation Report

Appendix J Payment Agreement Contract-Towers

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ACRONYMS AND ABBREVIATIONS

ADB: Asian Development Bank

AID: Agriculture and Irrigation Department

AOI: Area of Influence

BOT: Build, Operate and Transfer

CCGT: Combined Cycle Gas Turbine

CDP: Community Development Plan

DAI: Direct Area of Influence

EPGE: Electric Power Generation Enterprise

ERM: Environmental Resource Management

ESIA: Environmental and Social Impact Assessment

ESMP: Environmental and Social Management Plan

GAD: General Administrative Department

GOM: Government of Myanmar

IAI: Indirect Area of Influence

IFC: International Finance Corporation

IPP: Independent Power Producer

LRD: Land Registration Department

LUCs: Land U se Certificates

MIGA: Multilateral Investment Guarantee Agency

MOEE: Ministry of Energy and Electricity

MOEP: Ministry of Electric Power

MOI: Ministry of Industry

PAPS: People Affected by the Project

PSs: Performance Standards

RAP: Resettlement Action Plan

RF: Resettlement Framework

ROW: Right of Way

SMP: Social Management Plan

T-Line: Transmission Line

Environ Myanmar

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1. INTRODUCTION

1.1 Background The consortium of Sembcorp Utilities Pte Ltd and MMID Utilities Pte Ltd (“the Sponsors”) hasve been selected by the Ministry of Electric Power (MOEP) of the Government of Myanmar (GOM) as a private sector Independent Power Producer (IPP) to develop a 225 MW Combined Cycle Gas Turbine (CCGT) Power Plant on a Build, Operate and Transfer (BOT) basis in Myingyan Township, in the Mandalay region in Union Republic of Myanmar. A special purpose company (“Project Company” or “PCo”) has been established in Myanmar and ultimately will be beneficially owned by the Sponsors for the sole purpose of developing and operating the Project.

1.2 Scope and Objective of the Observer Report Environ Myanmar Co. Ltd (“Environ”) was engaged to, based on information provided by the party/ies responsible for the land acquisition and observations made during the site visits, inform the Lenders on the land acquisition process followed at the site, identify gaps and determine the actions required to bridge the gaps. Environ’s findings are documented in this Land Acquisition and Resettlement Plan Observer Report.

ENVIRON prepared its Final Observer Report (August 2017), based on information provided by the party/ies responsible for the land acquisition and observations made during its attendance at the following meetings to observe the land acquisition process:

Negotiation Meetings with PAPs

• 18 October 2016 Taung Thar Township;

• 19 October 2016 Hta Naung Taing Village; and

• 1 December 2016 Hta Naung Taing Village.

Compensation Ceremonies

• 23 November 2016 Hnann and Sa Khar Villages;

• 1 & 4 February 2017 Taung Thar Township;

• 2 February 2017 Myingyan Township; and

• 3 February 2017 Hta Naung Taing Village.

In addition, during meetings with stakeholders during ENVIRON’s November 2016 monitoring site visit, to inform the Lenders on the land acquisition process followed at the Project, to identify gaps in compliance with Applicable Standards, and determine the actions required to bridge the gaps. ENVIRON’s findings are documented in its Final Observer Report.

1.3 Change in Scope of Involuntary Resettlement Impacts in the project

At the time of resettlement framework preparation, GoM was to permanently acquire the lands required for the transmission line towers’ footprints, electric poles and water pipelines, adopting national requirements. The resettlement framework required Sembcorp to bridge the gaps in compensation between the national requirements and SPS/IFC PS requirements.

However, after approval of the project by the lenders (ADB/IFC), the GoM took a decision not to carry out permanent acquisition of the lands required for the transmission lines, towers, electric poles and the water pipeline. Instead, an approach to enter into agreements with the individual land owners for right of use of the lands required after payment of compensation. Therefore, the river water pipeline was buried under private lands and the land uses (mostly agriculture) will continue undisrupted post laying of the pipelines. Similarly, for the transmission lines and towers,

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there was no permanent land acquisition and permanent impacts were envisaged only for the lands under footprints of the transmission line towers and electric poles.

With this approach, the permanent impacts occurred only to the footprints of the transmission towers and the footprints of the electric poles, all of which were on agricultural land. For all other sections of the river water pipeline and the route of the transmission line (stringing), the impacts were limited to the construction phase.

1.4 Report Structure The remainder of this report is structured in the following manner: • Section 2 of this Land Acquisition and Resettlement Plan Observer Report provides a concise summary of the Project and the villages within the Project’s area of influence. • Section 3 describes the legal and other (voluntary) requirements under which the Project’s land acquisition and resettlement activities will be conducted. • Section 4 presents the Project’s stakeholders and stakeholder engagement activities conducted to date. • Section 5 describes the Resettlement Framework and the Project’s resettlement impacts. • Section 6 presents the land and crop compensation process. • Section 8 presents Environ’s conclusions and recommendations. • Section 9 lists the external reference documents cited in the body of the report.

1.5 November 2016 Site Visit From 14 to 18 November 2016, Environ performed a site visit to the Project, met with key Sembcorp managers and their contractors/subcontractors and conducted the following socially- relevant tasks: rode and walked along a section of the track adjacent to the future water supply pipeline ROW; held interviews in Myingyan Township with the District Hospital Administrator and Police Chief; drove through Sa Khar village and observed where one T-Line Tower will be installed; and held informal discussions with three women in Aye (along the pipeline route) and the Hpet Taw Village Chief.

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The dates and complete activities of the site visit are outlined in Table 1.1 below:

Table 1.1: November 2016 Site Visit Activities

Date Activities

14 November (Mon) Arrival in Myingyan 15 November (Tues) 8:30 - 9:00 Travel to the Project Site 9:00 - 12:00 Project Briefing 12:00 - 13:00 Lunch 13:00 - 16:30 Ride and walk along the track adjacent to the future water supply pipeline route and held an informal discussion in Aye Village with three young women 16:30 - 17:00 Planning for Next Day Activities 16 November (Wed) 8:30 - 9:00 Travel to the Project Site 9:00 - 11:00 Discussion with HR Manager and Community Relations Executive 11:00 - 12:00 Lunch 13:00 - 17:00 Visit to three workers’ accommodation camps (camps of one contractor and two subcontractors) and discussions with camp managers 17 November (Thurs) 8:30 - 9:00 Travel to the Project Site 9:00 - 9:30 Informal discussion with Hpet Taw Village Chief 9:30 - 10:00 Travel to Myingyan Township 10:00 - 11:00 Interview with District Hospital Administrator 11:00 - 12:00 Interview with District Police Chief 12:00 - 12:30 Travel to Project Site 12:30 - 13:30 Lunch 13:30 - 15:00 Participated in Teleconference with IFC and Sembcorp

18 November (Fri) 8:30 - 9:00 Travel to the Project Site 9:00 - 12:00 Site Visit Close-Out Meeting and presentation of key findings 12:00 - 13:00 Lunch 13:00 - 15:00 Ride-through Sa Khar Village and visit to the site where one of the four T-Line Towers will be installed 15:00 - 17:00 Travel to Airport

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2. PROJECT DESCRIPTION

2.1 Location and General Description The Project Site is located approximately 8 km south of the Myingyan Township, on a predominately green field site adjacent to an existing steel mill (Myingyan Steel Mill No. 4) owned by the Ministry of Industry (MOI). The Project will invest and establish an efficient form of CCGT Power Plant which was designed for high reliability and efficient operation with lower environmental impact, operating with Natural Gas as its only fuel. Project Facilities include: (i) 225MW CCGT Power Plant comprising 2 sets of Gas Turbine (GT) units, 2 sets of Heat Recovery System Generator (HRSG); 1 steam turbine generating unit with associated auxiliary equipment; Switchyard area; Cooling Water System; Demineralized Water System; and Wastewater Treatment Facility; (ii) Gas Supply Pipeline; (iii) 230kV Overhead Transmission Line; and (iv) Water Supply Pipeline, Wastewater Discharge Pipeline and Water Intake Pumping Station.

Figure 2.1: Project Location (source: Sembcorp)

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2.2 Villages within the Project’s Area of Influence As indicated in the Stakeholder Engagement Plan (SEP), and in Figure 2.1, there are 13 villages located in close proximity to the Project site boundary. These include: • Sa Khar Village; • Hnan Ywa Village; • Hpet Taw Village; • Nyaung Kan Village; • Gyoke Pin Village; • Thien Ywa Village; • Tha Pyay Thar Village; • Kyun U Village*; • Ka Laing Chon Village*; • Aye Village*; • Seik Nyan Village*; • Ma Yoe Kone Village*; and • Hta Nyaung Thai Village*.

According to the SEP, during the last stakeholder engagement meeting undertaken for the ESIA (September 2015), six additional villages were identified (indicated above with an asterisk) within the Project’s direct area of influence (DAI). While information on these additional six villages was not included in the Revised ESIA (November 2015), Project-related information was disclosed to the six additional villages during community consultation meetings in June-July 2016 (see Appendix C), and additional photos of these meetings are included in Annex I to the ESIA Revision 2 (August 2016).

2.3 Village Locations Figure 2.1 provides the location of the power plant and its facilities, the planned water supply pipeline and the 13 villages located within the Project’s DAI. Villagers (both households and businesses) within these villages are the ones that are most likely to be impacted (positively and/or negatively) by the Project. This includes villagers from:

• Sa Khar Village. The village is located less than 1km north east of the Project site, and is the closest village to the Project site. The village is also located along the road that connects the Project site to Myingyan and Mandalay; • Hnan Ywa Village. The village is located approximately 1.5km south east of the Project site; • Hpet Taw Village. The village is located approximately 3.2km south of the Project site; • Nyaung Kan Village. The village is located approximately 2.7km south west of the Project site; • Gyoke Pin Village. The village is located approximately 2.7km north west of the Project site; • Thien Ywa Village. The village is located approximately 2.7km north of the Project Site; • Tha Pyay Thar Village. The village is located approximately 650 m from the water supply pipeline / wastewater discharge pipeline; • Seik Nyan Village. The village is located approximately 50 m from the water supply pipeline /wastewater discharge pipeline; • Ma Yoe Kone Village. The village is located approximately 390 m from the water supply pipeline / wastewater discharge pipeline; • Aye Village. The village is located approximately 50 m from the water supply pipeline / wastewater discharge pipeline; • Kyun U Village. The village is located approximately 80 m from the water supply pipeline / wastewater discharge pipeline; • Ka Laing Chon Village. The village is located approximately 150 m from the water supply pipeline / wastewater discharge pipeline;

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• Hta Nyaung Thai Village. The village, found beside Gyoke Pin village, is located approximately 625 m from the water supply pipeline / wastewater discharge pipeline; and; • The temporary accommodation camp located adjacent to the Project site, which is home to approximately 30 people. The accommodation camp was constructed by the nearby steel mill to house a small portion of its workforce on a temporary basis.

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3. LEGAL AND REGULATORY FRAMEWORK AND APPLICABLE INTERNATIONAL STANDARDS

3.1 Legal and Other Requirements As stated in the Project’s SEP (2016), the Project will conform to the legal and administrative requirements of the Republic of the Union of Myanmar, international treaties to which Myanmar is signatory, and to relevant international standards, including the ADB Safeguard Policy Statements (2009) and the IFC Performance Standards (2012). In addition, the Project will conform to Sembcorp’s corporate policies, including those relating to stakeholder engagement, in particular the Stakeholder and Community Engagement Policy. Sembcorp’s Resettlement Framework (2015) provided detailed information on the multiple laws in Myanmar that address land ownership, transfer, rights use, as well as expropriation by the State. Details are provided in Section 3.1.1 below.

3.2 National Laws The laws having central relevance to ownership, transfer and/or rights use, as well as expropriation by the State are: (i) the Constitution of the Republic of the Union of Myanmar, (ii) the Land Acquisition Act (1894), (iii) the Farmland Act (2012), and the Vacant, Fallow, and Virgin Land Act (2012).

• Under Section 37 of the Constitution of the Republic of the Union of Myanmar the State is essentially the ultimate owner of all land in Myanmar (except for freehold title in some urban areas, such as Yangon). • The Land Acquisition Act (1894) (LAA 1894) provides the basis for the GOM to acquire land for public and other purposes and addresses processes for required notice; procedures for objecting to acquisition; land valuation methods; the process for taking possession of land; the process for appeals; and rules for the temporary occupation of land. The Farmland Law (2012) pertains to rights and responsibilities to tenure and provides for the processes and management of farmlands by establishing a system of land registration for farmers that ostensibly provides land use certificates (LUCs) that, once secured, create rights to sell, exchange, access credit, inherit and lease the land over which they hold rights. In 2014 Myanmar drafted a National Land Use Policy but this is still under consideration. • Section 23. (1) of the Land Acquisition Act, provides the basis for determining the amount of compensation to be awarded for land acquired under this Act. For details on the methodology applied for the Project’s land acquisition and land and crop compensation, see Section 5. • In addition to the market-value of the land as above provided, the Court shall in every case award a sum of twelve per centum on such market-value, in consideration of the compulsory nature of the acquisition1.

3.3 Relevant Agencies There are many Governmental agencies that are viewed as stakeholders to the Project, including, at the Union government level, the Ministry of Electricity and Energy, Electric Power Generation Enterprise, and Ministry of Natural Resources and Environmental Conservation, and at the local level, the township governments of Myingyan and Taung Thar. For the complete list, refer to Table 4.1 in Section 4 below.

3.4 Applicable International Standards We understand that the Applicable International Standards in regards to Land Acquisition and Resettlement comprise: • ADB Safeguard Policy Statement 2009 and related ADB Safeguard policies including ADB Social Protection Strategy, 2001;

1 This condition does not seem to apply to the Myingyan power project.

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• IFC Environmental and Social Performance Standards, PS1 and PS5 (January 1, 2012); and • Environmental and Social Action Plan (ESAP) included in the legal agreement between IFC and Project Company.

3.5 Sembcorp’s Stakeholder and Community Engagement Policy As described in the SEP, Sembcorp’s Stakeholder and Community Engagement Policy states that ‘every Sembcorp Company endeavours to take cognizance of the needs and welfare of our stakeholders’. This is applied by committing to the following principles:

• Congruence and materiality. The engagement activities undertaken shall be aligned to the business objectives, priorities and the identified issues/impacts/risks associated with the Sembcorp project; • Cultural appropriateness and inclusivity. The engagement activities undertaken shall be in cognizance of the cultural norms and practices of the stakeholder groups as well as the differences in social status of the various groups; • Transparency. In order to ensure that engagement activities are undertaken in a collaborative manner, it is essential that the stakeholders have access to certain key information; and • Rights compatibility. The stakeholder engagement activities and planning shall promote processes and agreements based on decisions that promote equity and human rights.

At the project level, Project affected communities are an important stakeholder, as poor engagement at this level may harm the overall reputation and operation of the businesses. Sembcorp also has a Community Grievance Management Policy, which provides guidance for the grievance management mechanism detailed in Section 6 of the SEP.

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4. STAKEHOLDER ENGAGEMENT AND PUBLIC DISCLOSURE

4.1 Project Stakeholders As per the Project’s SEP, the Project’s Stakeholders are identified in Table 4.1 below.

Table 4.1: Project Stakeholders

Stakeholder Group Stakeholder

Union government Ministry of Electricity and Energy (MOEE) Electric Power Generation Enterprise (EPGE) Ministry of Natural Resources and Environmental Conservation and (MONREC) Ministry of Industry (MOI) Directorate of Water Resources & Improvement of River systems(DWIR)

Regional government (Mandalay) Chief Minister Steel Mill

Township government General Administration Department (GAD) (Myingyan and Taung Thar) Department of Livestock, Fisheries and Rural Development Department of Irrigation and Agriculture Department of Electric Power Department of Industry and Trade Department of Social Welfare, Relief and Resettlements Department of Labour Water Resources Utilization Department Myingyan City Development Council Income tax and Revenue Department Development Committee Local villages/ communities Village Tract Leaders Local villagers - Sa Khar, Hnan Ywa, Hpet Taw, Nyaung Kan, Gyoke Pin, Thien Ywa, Tha Pyay Thar, Kyun U, Ka Laing, Chon, Aye, Seik Nyan, Ma Yoe Kone, and Hta Nyaung Thai Farmers within local villages Fishermen within local villages Women’s group representatives within local villages Youth representatives within local villages Healthcare workers within local villages and regional health care facilities Community based organisations General manager at the Steel Mill Steel Mill workers Vulnerable groups (e.g. landless, poor) within the local villages

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4.2 Engagement with Governmental Agencies A series of face-to-face meetings were held with representatives of the Myingyan and Taung Thar Townships’ GADs and other Myanmar Governmental agencies, all viewed as stakeholders to the Project, to disclose Project information and to gather stakeholder feedback. The face-to-face meetings took place in 2015 during the time period when Sembcorp and ERM were developing the ESIA. For details on the timing of the face-to-face meetings, please refer to Table 4.2 below.

Table 4.2: Stakeholder Engagement with Governmental Agencies

Stakeholders July 2015 August 2015 September 2015

Myingyan GAD 15 July 2 September

Taung Thar GAD 16 July 3 September

Ministry of Electricity and Industry 14 July

Ministry of Electric Power 15 July

Myingyan Township 20 August Development Committee

Myingyan Township Water 27 August Utilization Department

Myingyan GAD 15 July 2 September

Taung Thar GAD 16 July 3 September

Myingyan Township Municipal 28 August Department

4.3 Community Consultations/Public Meetings 4.3.1 Initial Seven Villages

A series of three public meetings were held with each of the seven villages initially identified as being potentially affected by the Project to disclose Project information and gather stakeholder feedback. The public meetings took place in 2015 during the time period when Sembcorp and ERM were developing the ESIA. For details on the public meetings, please refer to following Table 4.3.

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Table 4.3: Stakeholder Engagement with Initial Seven Villages

Stakeholders Township Distance from Project July 2015 August 2015 September 2015

Myingyan Less than 1km northeast of the Sa Khar 18 July 19 August 4 September Project site

Approximately 1.5km Hnan Ywa Myingyan 16 July 19 August 4 September southeast of the Project site

Approximately 3.2km south of Hpet Taw Taung Thar 17 July 19 August 3 September the Project site

Approximately 2.7km Nyaung Kan Taung Thar 17 July 19 August 5 September southwest of the Project site

Approximately 2.7km 5 September Gyoke Pin Myingyan 19 July 18 August northwest of the Project site

Approximately 2.7km north of Thien Ywa Myingyan 18 July 18 August 5 September the Project site

Approximately 650m from the 19 July 18 August 2 September water supply Tha Pyay Thar Myingyan pipeline/wastewater discharge pipeline Steel Mill Workers Along the access road outside the entrance to the Power Plant 4 September (located in temporary Myingyan n/a 19 August accommodations) site

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4.3.2 Additional Six Villages As mentioned in Section 2.3, during the last public meeting undertaken for the ESIA (September 2015), six additional villages were identified. While information on these additional six villages was not included in the Revised ESIA (November 2015), Project-related information was disclosed to the six additional villages during public meetings held in June-July 2016. For details on these additional public meetings, please see Table 4.4 below, and for the meeting records, see Appendix C; additional photos of these meetings are included in Annex I to the ESIA Revision 2 (August 2016). There is no information provided in the ESIA Revision 2 on any subsequent stakeholder engagement activities undertaken with these additional six villages.

The ESIA Revision 2, Section 6, does include a select amount of socioeconomic baseline data on the additional six villages, including village overview, healthcare, water sources, energy sources and educational facilities.

Table 4.4: Stakeholder Engagement with Additional Six Villages

Stakeholders Township Distance from Project June 2016

50m from the water supply Seik Nyan Village Myingyan pipeline/wastewater 11 June discharge pipeline

390m from the water supply Ma Yoe Kone Myingyan pipeline/wastewater 11 June Village discharge pipeline

50m from the water supply Aye Village Taung Thar pipeline/wastewater 9 June discharge pipeline

Kyun U Village 80m from the water supply Myingyan pipeline/wastewater 10 June discharge pipeline

150m from the water supply Ka Laing Chone Myingyan pipeline/wastewater 10 June Village discharge pipeline

Village, found beside Gyoke Hta Nyaung Thai Pin village, is 625m from the Myingyan 24 June Village water supply pipeline/wastewater discharge pipeline

Refer to Appendix F, Stakeholder Engagement Database, for the history of stakeholder engagement conducted by Sembcorp from 2015 to early 2017.

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5. THE PROJECT’S RESETTLEMENT IMPACTS

5.1 Physical Resettlement While the original Project design envisioned physical resettlement of 4-5 households and small businesses located along the track adjacent to the future water supply pipeline ROW, Sembcorp decided to alter the water supply pipeline route to avoid the need to physically resettle any homes or businesses, but when PCo’s engineers were carrying out the alignment survey they realized that they could not re-align the pipeline so two businesses and a house would be temporarily impacted. Sections 5.2.1 and 5.3 below describe these impacts.

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5.1.1 Temporary Physical Displacement Land to be acquired temporarily (for approximately one month) from a squatter who runs a tea house along the water supply pipeline ROW to permit the installation of pipe for the water supply pipeline to connect the power plant to the water intake point and new pumping station at the Ayeyarwady River (about 12km away), along with a wastewater discharge pipeline that will connect the power plant to an existing irrigation canal (about 2.5km away). Once the pipe is installed and buried, the squatter can re-build his tea house on the same land plot. The squatter lives in Aye Village so there will be no physical displacement of his household. He was compensated for his loss of revenue for one month which should cover the two weeks it will take to dig the trench and bury the pipe plus provide him funds to cover materials needed to re-build the tea house.

Entire Tea house needs to be removed by owner's arrangement and agreement. The land is just outside the Village area, so it is purely farm land and such a business is not allowed, but owner can re-build once pipeline is buried.

Figure 5.1: Tea house in Aye Village (source: Sembcorp)

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5.2 Economic Displacement 5.2.1 Permanent Economic Displacement Land to be acquired from three land owners for the four T-Line Tower footprints (3 towers are of 14m X 14m square while one is 12m x 12m square) in Sa Khar village.

In addition, land to be acquired from approximately 120 land users along the water supply pipeline ROW who will need to give up land (1m X 1m square) for the installation of between 340- 350 concrete Power Poles.

5.2.2 Temporary Economic Displacement Land to be acquired temporarily from the following PAPs:

1) Land users (farmers) for approximately three to seven months for the installation of pipe for the water supply pipeline to connect the power plant to the water intake point and new pumping station at the Ayeyarwady River, along with a wastewater discharge pipeline that will connect the power plant to an existing irrigation canal.

2) Land users during T-Line tower erection and the stringing of power lines.

3) Land users (two additional squatters) for approximately one month for the installation of pipe for the water supply pipeline, as described below:

• Owner of a mini-grocery shop in Hta Naung Taing who will lose the back half of her shop, but will be able to stay open during the construction and can re-build after the pipe is installed and buried. See Figure 5.2 below.

Only this section of the shop needs to be removed by owner's arrangement and agreement.

Figure 5.2: Mini-grocery shop in Hta Naung Taing Village

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• Owner of a house next to the tea house in Aye Village where part of a fence needs to be removed so the pipe can be buried. The family can remain in the house during the construction since only the fence will be impacted and can re-build the fence after the pipe is installed and buried. See Figure 5.3 below.

Pipe will be buried just beside this house, and only need to cut fencing. But do need to remove fence by owner's arrangement and agreement.

Figure 5.3: House with fence to be removed in Aye Village (source: Sembcorp)

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5.3 No Impacts to Other Assets As Environ was informed, with the exception of the assets owned by the three squatters, described in Sections 5.2 and 5.3, there will be no impacts to other assets, such as wells, fences or other commercial structures that may have been erected on government land.

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6. LAND AND CROP COMPENSATION PROCESS

6.1 Methodology 6.1.1 Land Acquisition Act Section 23. (1) of the Land Acquisition Act, provides the basis for determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration:

i. First, the market value of the land at the date of the publication of the notification under section 4, subsection (1); ii. Secondly, the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector’s taking possession thereof; iii. Thirdly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land; iv. Fourthly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, moveable or immoveable, in any other manner, or his earnings; v. Fifthly, if in consequence of the acquisition of the land by the Collector the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and vi. Sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector’s taking possession of the land.

6.1.2 Project-specific Considerations Land Acquisition: Sembcorp has confirmed that (i) there will be no acquisition of land or transfer of title for the project footprints, and (ii) the compensation for land that is paid is to compensate for the temporary impacts on lands. There is no permanent land acquisition (apart from the footprints of the power poles and the transmission towers).

Eligibility Cut-off Date: According to Sembcorp, once the final pipeline route was confirmed by EPGE, the cut-off date was set at January 1, 2017.

As stated in the cover letter to the initial Land and Crops Inventory, dated October 4, 2016 (notarized English translation), are the following agreements for the Project:

i. The land compensation and crop indemnification are to be paid under coordination and performance as per the prevailing market rate.

ii. The GADs of Myingyan and Taung Thar Townships have been informed that the performance is to be resubmitted and a survey and clarification is to be made in the villages by the Township’s indemnification team in a timely manner in regards to the T-Line tower construction land area along the 230 KV T-Line for the 225 MW power plant project and the land/crop indemnification areas of land along the river water pipeline.

iii. According to the Farmland Rule (2012), Chapter 8, Section 67, Sub-clause (a) (1), along the water pipeline ROW route and T-Line for the 225 MW power plant construction and according to Chapter 8, Section 67, sub-clause (b) the compensation will be 3 times the value calculated based on the prevailing market price of the region and a 1 acre average yield for current cultivated paddy and seasonal crops. The prevailing market price of the region and the status of the calculation of land and crop indemnification have been resubmitted.

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iv. The Thermal Power Department of the Electric Power Generation Enterprise has confirmed that adequate funds have been allocated for the 2016-2017 fiscal year in order to pay for damages to land and crops in the region for the construction of the water pipeline and transmission line.

Please note: The initial Land and Crops Inventory has been superseded by the updated Land and Crops Inventory that was prepared in February 2017, and translated by Environ, see Appendix A.

6.1.3 Compensation Rate Determination Based on information provided to Environ, in our role as Observer, the following procedures were followed in order to determine the compensation rate and compensation due to each PAP:

Under the supervision of the Mandalay Regional Government, representatives from Myingyan Township’s General Administrative Department (GAD), Agriculture and Irrigation Department (AID), and Land Registration Department (LRD), together with a representative from the Ministry of Energy and Electricity (MOEE) formed a steering committee for the negotiation process (the Steering Committee). In complete reversal from the past government’s land acquisition practices, the Steering Committee strictly adheres to transparent and fair negotiation processes in compliance with the apparent specific guidelines from the new administration. It is apparent that serious attempts have been made to fairly compensate for all potential losses inflicted on the farmers.

After determining the pipeline routes and the maximum width required for all activities of the pipeline installation, the Steering Committee identified the affected farmers and coverage of the affected lands. Each individual farmer was informed and asked to join in the area measurement of the affected properties. With the assistance from the AID and the farmers themselves, the existing crops and subsequent crops were documented for each individual plot.

The productivity level and yearly crop yields were provided by individual farmers. The Steering Committee then obtained productivity levels and crop yields for relevant crops from the Government demonstration plot, which in fact, significantly exceed the yield of any individual farmer’s output. In addition, the Steering Committee confirmed with the AID’s statistics for the crops and yield. The Steering Committee adapted the yield for compensation to that of the Government’s demonstration plot’s yield.

The Steering Committee asked the farmers for the price of each crop raised for the past five years. The AID’s price record and the price record from the relevant commercial trading organization were compared as well. After careful consideration, the Steering Committee adopted the highest price from the past five years for each crop.

Hence, the Steering Committee computed the yield from the parcel of land that will be affected by the pipeline installation and potential income based on the highest price in the last 5 consecutive years.

Then, the result was multiplied by three (i.e., for three crop cycles per year).

6.1.4 The Negotiation Process 6.1.4.1 Water Supply Pipeline Right-of-Way and Power Poles The Steering Committee emphasized during the negotiations with the farmers for the water supply pipeline installation that there is no land acquisition; it is only for the right-of-way. The compensation is only for the interruption in the farmers’ general income during the pipeline’s construction, which is estimated to take seven months to lay the pipes underground.

The Steering Committee carried out collective negotiation meetings with the farmers from Taung Thar Township and Myingyan Township in October 2016, meetings that were attended by Environ, as Observer.

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Full replacement cost for land loss due to the river waterline power poles was compensated at 10,000 kyat/power pole. For farmers cultivating higher value crop (onions), additional compensation was made to the affected PAP for permanent land loss due to the power poles. This additional compensation was paid in kind (i.e. fertilizer in 25 Kg bags) to the 55 affected PAP.

A betel leaf farmer was also given additional cash compensation for the permanent loss of a betel plant.

6.1.4.2 Transmission Line Towers and Power Line The Steering Committee followed the same process as noted above in the negotiation for the land to be acquired for the T-Line Towers and Power Line construction. Permanent land acquisition from three land owners for 4 tower footprints, where the T-Line Towers will be set, and compensation for the crops to be affected were involved in the negotiation. The Steering Committee, 8 farmers from Sa Khar Village, and 2 farmers from Nham Village were in agreement on terms and amount of the compensation to be paid. Environ is in receipt of 10 signed contracts that document the farmers’ agreement to the terms and amount of compensation paid.

Please note: While the Steering Committee and villagers in Sa Khar and Nham were in agreement on terms and amount of the compensation to be paid for land loss from the tower footprints, Sembcorp, the Lenders and Environ agreed on an amount of extra compensation to be paid to reach full replacement cost compensation for the land loss from the tower footprints. The additional full replacement cost was agreed with the GOM support and was paid out in early April 2017.

6.1.4.3 Other Non-Titleholders (squatters) There are three squatters on government land that will be impacted by the Project, as described in Section 5. Information available regarding these affected people is summarized below.

As we were informed, the squatters did attend meetings that PCo had with the villages during the time between the public meetings and the commencement of the negotiation meetings with the PAPs. In addition, the GOM directly consulted with them at least 3 times individually, and PCo was present at some meetings. During conversations with EPGE and the squatters, it was apparent that they were fully aware that they are not entitled to ask for relocation assistance, special treatment, etc., but they wanted to know how many days it will take for construction in their area and the construction method. After checking with the PCo construction team, it was determined that construction would take a maximum of 4 weeks. No minutes of these meetings were available for Environ’s review.

It appears that there were not any compensation discussions by the GOM with these squatters as these are seen as illegal occupancy of government land. Sembcorp agreed to compensate the squatters for their lost revenue and the cost of materials to dismantle and re-build their structures after the pipe is installed and buried.

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Table 6.1: Non-Title holders (squatters)

Name Land Use and Impact Status of Compensation

Mini-grocery shop

Paid on March 25, 2017 Part of the shop (the back) would be Squatter no. 1 removed by owner’s arrangement as agreed, and can be re-constructed on the same land after the pipe is installed and buried

Teahouse

Entire teahouse needs to be removed Paid on March 25, 2017 Squatter no. 2 temporarily, by owner’s arrangement as agreed, and can be re-constructed on the same land after the pipe is installed and buried.

Dwelling house near tea house

Pipeline is just adjacent to the house and only the fencing needs to be removed by Paid on March 25, 2017 Squatter no. 3 owner’s arrangement as agreed, and can be re-constructed on the same land after the pipe is installed and buried.

6.2 Steering Committee Meetings with the People Affected by the Project While Environ was informed that the Steering Committee met numerous times with the affected land owners and land users (the People Affected by the Project, or “PAPs”), we have not received any information on the meetings (e.g., dates of the meetings, who attended, feedback received from the PAPs or any other details on these meetings) and as a result we cannot confirm that all PAPs were consulted on their potential land loss or crop damage prior to the date of their negotiation meetings. As Environ was informed, the Steering Committee did not make this information available to Sembcorp.

6.3 Land and Crops Inventory As per the 31-page initial Land and Crops Inventory, with underlying documents dated from September- October 2016 (which was superseded by the updated Land and Crops Inventory, prepared in February 2017 and translated by Environ, see Appendix A), the following villages listed in Tables 6.1 and 6.2 had farmers who were identified as being eligible for land and/or crop compensation for their loss as of October 2016.

Please note: one of these villages, Lint Gyi, is not included in the lists of villages that attended the public meetings from 2015-2016, see Tables 4.2 and 4.3.

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Table 6.2: Number of Affected PAPs in Myingyan Township (as of October 2016)

Village Name Number of Farmers (PAPs) Number of Land Plots

Sa Khar 5 6

Gyoke Pin 15 15

Hta Hnaung Taing 48 49

Lint Gyi2 38 46

Totals 106 116

Table 6.3: Number of Affected PAPs in Taung Thar Township (as of October 2016)

Village Name Number of Farmers (PAPs) Number of Land Plots

Aye 7 10

Hta Nyaung Thai 14 16

Nyaung Kan 17 21

Ywar Tha Gone3 4 5

Totals 43 52

Please note: The 31-page initial Land and Crops Inventory, which provided land and crops information on the 137 farmers to be compensated, was revised in February 2017 to reflect an increase in the number of farmers and squatters to be compensated which we understand now stands at 148 (as noted in Table 6.3 in Section 6.6 below).

Compensation will be paid for the following five categories: 1) Lands compensation; 2) Crops compensation; 3) T-Line Tower footprints; 4) Concrete power poles compensation; and 5) Loss of revenue from businesses and cost of materials to dismantle and re-build the squatters’ structures (i.e., the tea house, back of one shop and a fence).

Gaps in documenting the process on land owners: As Environ was informed by Sembcorp, for the land to be acquired from the 3 land owners for installation of the 4 footprints where the T-Line Towers will be set, there is: • No record of a preliminary notice being provided by GOM to land owners; and • No declaration of a cut-off date for eligibility for entitlements.

2 Not included in the lists of villages that attended the public meetings. 3 A small village within the Hta Nyaung Thai village tract

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Gaps in documenting the process on non-titleholders (i.e., land users (farmers) and squatters): For the land to be acquired from the land users (farmers) and squatters for installation of the water supply pipeline and concrete power poles, we were not provided the information below and are, therefore, not aware if these actions took place: • The extent of impacts on standing crops; and • Whether any notice will be provided for the harvest of standing crops or cut-off date declared.

6.3.1 Significance of Land Loss The initial and updated Land and Crops Inventories do not provide information on each of the three land owners affected by the T-Line tower footprints total land (in acres), information that is needed for Environ to determine the materiality of each land owner’s land loss. While this information is not included in the Land and Crops Inventories, it was provided by Sembcorp to Environ and was taken into consideration in determining that each of these three land owners will not suffer a material loss of land, defined as more than 15% of each land owner’s total land. All three land owners are losing less than 1% of their total land, as indicated below:

Table 6.4: Significance of Land Loss

Name Total Acres Acreage Lost % of Land Loss Daw Htay 8 0.035 0.004 U Oo Maung (Sein Aung) 1 0.035 0.035 Daw Nyunt Shein 6 0.07 0.012

In addition, for the land to be acquired from the land users (farmers) and squatters for installation of the concrete power poles, each of the farmers and squatters will lose only 1sq m per pole, which would amount to a maximum of 5 square m, assuming 5 poles within a farmer's or squatter’s land. This will be less than 1% of the land holding, and will be a minor impact.

6.4 Negotiation Meetings with the PAPs 6.4.1 October, 2016 Negotiation Meetings 6.4.1.1 Taung Thar Township, 18 October 2016 The negotiation for Taung Thar took place on 18 October 2016, and Environ attended as Observer. The township national parliamentarian from the ruling party, the head of the local GAD, representatives from the LRD and the AID, and approximately 40 affected farmers took part in the negotiation. There was no objection to determination of crop price and production rate. However, almost every farmer requested to include the compensation for a second additional crop as their schedules will be interrupted with the installation work. They have to start field preparation in March and the installation work will not be over until May and hence, they will not be able to grow a second crop and their income will be lost for that season. The AID admitted that they did not take this into consideration. The farmers’ demand seems legitimate. General consensus is that the agreement will be reached if the Settlement Committee reconsiders the second crop.

The agreement with the farmers from Taung Thar Township was reached in November 2016.

6.4.1.2 Hta Naung Taing Village, 19 October 2016 The negotiation for Hta Naung Taing took place on 19 October 2016, and Environ attended as Observer. An elected local member for the National Parliament, the representatives from the Settlement Committee, and approximately 38 farmers took part in the negotiation. The atmosphere was different from the Taung Thar negotiation. A group of farmers led by a businessman insisted on receiving the land price for the affected land (they asked the Settlement Committee to purchase the land). They claimed that affected land could not be used for agriculture as soil gets compacted from the vehicular activities during the installation work. The Settlement Committee tried to offer compensation for two years. However, the group was not convinced and asked only for the land price. The group walked out as the Committee could not give in to the demand. Some farmers

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recognized that the Settlement Committee’s offer was reasonable and agreed with the compensation for two years.

6.4.2 Hta Naung Taing Village, 1 December 2016 The negotiation for Hta Naung Taing village took place on 1 December 2016, and Environ attended as Observer. During the meeting, the farmers were still asking for the second seasonal crop compensation. The farmers said that they were not in a position to continue asking for the additional seasonal crop as they still deem that the Government holds power.

Like the previous negotiation meeting, a serious debate was observed. There were several issues raised by the farmers. First, the assessment was made a while ago and the crop the Committee noted at that time was not the same crop this time since the negotiation process has been dragging for some time. Thus the farmers were not pleased with the crop determination set by the negotiation committee. A few farmers walked out of the negotiation meeting. The Observer noted that some farmers were not included in the Settlement Committee's list. There were a couple complaints for the rate of compensation for long term fruit plants (the Committee is determined to pay only as seasonal crops). Some farmers signed but with some reservations.

The negotiation committee (including the LRD) when requested by the farmers, did not share the route and maps of the areas they are negotiating with the PCo.

6.5 Compensation Ceremonies 6.5.1 Hnann and Sa Khar Villages, 23 November 2016 The Compensation Ceremony for Hnann Village & Sa Khar Village took place on 23 November 2016, and Environ attended as Observer. U Than Naing Oo, Chief Engineer from EPGE gave a “Thank you speech” to land owners and land users and explained that this project is a government project and the purpose of this project. U Than Tun Aung, Executive Engineer from MOGE, explained to land owners and land users about the construction area, plan, process and affected areas. 3 land owners and 4 land users have signed the compensation agreements and received payment as per the contract amount. All the land users received 3 times the crop price for compensation. Environ obtained copies of the 10 contracts.

6.5.2 Taung Thar Township, 1 & 4 February 2017 The Compensation Ceremony for Taung Thar Township took place on 1 & 4 February 2017, and Environ attended as Observer. A total of 41 farmers from Hta Naung Taing Village.were compensated with 51 contracts because some of them were due compensation for 2 to 3 land plots.

Most of the farmers agreed to accept the proposed amount and signed the contract on 1 February. However, it was unclear who signed or did not sign when the team went to their farms on 3 February.

In addition, a compensation of 10,000 kyats per concrete power pole for the water supply line was given by adding to the crop compensation amount.

6.5.3 Myingyan Township, 2 February 2017 An all-day event was held on 2 February in the Myingyan GAD office and almost 100 farmers attended and 70 accepted the compensation terms. Total number of farmers to be compensated is 107 with 108 contracts in total and they are from 4 village tracks: - Sa Khar; - Gyoke pin; - Hta Naung Taing; and - Aye.

Villagers who didn’t attend the compensation meeting on 2 February included more than 30 farmers from Hta Naung Taing village; and about 5 farmers from Sa Khar village. The major issue for them

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is that they would like to get more money for concrete power poles and more money for their title crops (e.g., when data collection period took place for land and crop compensation, they were growing sorghum in their fields, but they used to grow onions on the same land and they would like to get compensation for onions instead of sorghum value).

6.5.4 Hta Naung Taing Village, 3 February 2017 The compensation committee, along with Environ as Observer, visited the Hta Naung Taing village and tried to explain about the proposed project as some of the farmers were still confused about the process to be carried out. Some farmers were not clear as to when the project will start and how many square meters of their land is to be compensated.

So MOGI representative U Than Htut Aung and the rest of the party explained and requested that they sign their contract for agreement. Some of them understood and accepted money. But some of them could not understand, so the team explained many times and requested that they accept the compensated amount. Some farmers want to get more money as they compared themselves to the other farmers who received more money. They know about the difference in price for different crops, but they want to get more, as the others did. Because of their poor understanding on land measurements and different crop prices, they refused to accept their actual crop price and compensated money. It was very difficult to explain to them. But, finally, more than 25 people accepted their compensation money.

6.6 Community Grievance Mechanism Sembcorp has a comprehensive Grievance Mechanism that is included in its Stakeholder Engagement Plan, except that it does not include a Grievance Redress Committee with external members as per ADB requirements. In addition, Sembcorp has a Community Grievance Management Policy, which provides guidance for implementing the grievance mechanism procedures.

The key steps of the Community Grievance Mechanism procedure are as follows: 1) Submission of grievances (in person, by phone, letter, or email using the designated contact details); 2) Grievance is recorded in a ‘grievance log’ (written and electronic) within 3 days of submission; 3) The significance of the grievance is assessed within five to seven days using defined criteria (three levels); 4) Grievance is acknowledged through a personal meeting, phone call, or letter as appropriate, with the complainant 10-14 working days after submission; 5) The Project Community Relations (CR)/ Development Manager is notified of Level 1, 2 or 3 grievance and the Project CEO is notified of all Level 3 grievances; 6) Responsibility for the grievance is delegated to the relevant departments(s)/personnel to develop a response; 7) A response is developed within 14 days after acknowledging the grievance; 8) The response is signed-off within 14 days of issuing a response by the designated level of Project management, based on the grievance level; and 9) The response received from the complainant is recorded in the grievance log.

Environ is now in receipt of PCo’s community grievance mechanism log which included three examples of grievances (i.e., two community grievances plus one worker grievance) all entered in August 2016, and PCo has confirmed that no actual grievances have been submitted. While no one has formerly registered a grievance with PCo, from Environ’s observations during the negotiation meetings, we are aware that some PAPs were not satisfied with their compensation but decided to accept it since they felt that they couldn’t win in fighting the Government who holds power.

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6.7 Status of Compensation As per Sembcorp, the four components of cash compensation that were to be paid in 31 January – 4 February 2016 include: 1) Crop compensation (130++ people) 2) Electric power pole compensation (approx.120 people for 350 ++ power poles) for 1 square meter for each foot print. 3) Delay compensation (5+ people), because they asked for more money. So, they need to treat these PAPs separately. 4) The number of non-title holders (squatters) alongside pipeline.

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Environ has since received from Sembcorp the updated information included in Table 6.5 below, which is as of April 11, 2017 when the last PAP was paid.

Table 6.5: Myingyan Land Acquisition (Crop Compensation Meeting) Name of Township/ Villages Myingyan Township Taung Thar SaKhar, Gyoke Pin, Htanaung Township Tai, Aye Htanaung Tai Village Total No. of Farmers/ Land Owners 106 41 Total No. of Contracts 116 51 Total No. of Accepted Land Owners/ Users 106 41 Total No. of Balance of Land Owners / Users for Land Compensation 0 0 Total No. of Balance of Contracts to be signed for Land Compensation 0 0

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Table 6.6: Summary of Results of Negotiation and Compensation Meetings

Negotiation Meetings

Date Village Number of Negotiations Summary of Current status Remarks farmers reached discussions, of the who grievances/issues grievance, if attended during the meeting, if any any

18 October 2016 Taung 40 • No objection to determination None. Agreement According to Sembcorp, Thar of crop price and production reached in agreement was reached rate; and Towns November 2016. with all PAPs and they were • Request for inclusion of hip compensation for second compensated for three crop crop cycles. The Taung Thar Township GAD was supportive and well organized.

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19 October 2016 Hta Naung 38 • A group of farmers led by a PAPs were compensated According to Sembcorp, Taing businessman insisted on for three crop cycles. there are no detailed receiving the land price for Village meeting records or minutes the affected land (they asked the Settlement Committee to of the meeting. purchase the land). They claimed that affected land could not be used for agricultural purposes since soil gets compacted from the vehicular activities during the installation work. • The Settlement Committee tried to offer compensation for two years. However, the group was not convinced and asked only for the land price. The group walked out as the Committee could not give in to the demand. • Some farmers recognized that the Settlement Committee’s offer was reasonable and agreed with the compensation for two years.

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1 December 2016 Hta Naung • Like the previous negotiation According to Sembcorp, According to Sembcorp, Taing meeting, a serious debate in the end, agreement there are no detailed Village was observed, and there was reached with all. meeting records or minutes were several issues raised of the meeting, and they by the farmers. In regards to the rate of are not aware of how many compensation for long people attended the • The farmers were not pleased term fruit plants, meeting. with the crop determination according to Sembcorp, set by the negotiation the betel leaf farmer was committee since the assessment was made a while paid almost three years’ of production for the ago and the crop the plant, which goes beyond Committee noted at that time common practice. was not the same crop this time since the negotiation process has been dragging for The betel leaf farmer, the some time. last PAP to be compensated, was paid • A few farmers walked out of by April 11, 2017. the negotiation meeting. • The Observer noted that some farmers were not included in the Settlement Committee's list. •

•

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23 November 2016 Hnann 8 The land users • U Than Tun Aung, Executive No grievances that we Environ obtained Village & Sa received 3 times Engineer from MOGE, are aware of. copies of the 10 explained to land owners and Khar Village the crop price for contracts. land users about the compensation. construction area, plan, According to Sembcorp, process and affected areas. there are no detailed 3 land owners meeting records or minutes and 4 land users of the meeting. have signed the compensation agreements and received payment as per the contract amount. Compensation Ceremonies Date Village Number of Compensation Summary of discussions, Current status of the Remarks farmers Paid grievances/issues during the grievance, if any who meeting, if any attended

23 November2016 Hnann 8 The land users U Than Tun Aung, Executive No grievances that we Environ obtained Village & Sa received 3 times Engineer from MOGE, explained to are aware of. copies of the 10 Khar Village the crop price for land owners and land users about contracts. the construction area, plan, compensation. process and affected areas. According to 3 land owners Sembcorp, there are and 4 land users no detailed meeting have signed the records or minutes of compensation the meeting. agreements and received payment as per the contract amount.

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1 & 4 February 2017 Taung Thar A total of 41 Most of the farmers agreed to 41 farmers have Township farmers from Hta accept the proposed amount and reached agreement Naung Taing signed the contract on 1 February. and have been However, it was unclear who Village.were compensated, but we signed or did not sign when the compensated team went to their farms on 3 do not know the total with 51 contracts February. number to be because some of compensated them were due compensation for 2 to 3 land plots.

In addition, a compensation of 10,000 kyats per concrete power pole for the water supply line was given by adding to the crop compensation amount.

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2 February 2017 Myin Gyan Almost 100 70 accepted the Total number of farmers to be Villagers who didn’t GAD office compensation compensated is 107 with 108 attend the compensation terms. contracts in total. meeting on 2 February included more than 30 farmers from Hta Naung Taing village; and about 5 farmers from Sa Khar village.

The major issue for them is that they would like to get more money for concrete power poles and more money for their title crops (e.g., when data collection period took place for land and crop compen sation, they were growing sorghum in their fields, but they used to grow onions on the same land and they would like to get compensation for onions instead of sorghum value.

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3 February 2017 Hta Naung More than 25 • The compensation committee Taing people accepted visited the village and tried to explain about the proposed Village their project as some of the farmers compensation were still confused about the money. process to be carried out. Some farmers were not clear as to when the project will start and how many square meters of their land is to be compensated.

• MOGI representative U Than Htut Aung and the rest of the party explained and requested that they sign their contract for agreement. Some of them understood and accepted money.

Some farmers want to get more money as they compared themselves to the other farmers who received more money. Because of their poor understanding on land measurements and different crop prices, they refused to accept their actual crop price and compensated money.

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7. CONCLUSIONS AND RECOMMENDATIONS

7.1 Conclusion and Recommendations As of April 11, 2017, all PAPs were compensated at full replacement cost. However, gaps remain related to furnishing of complete information to Environ on the land and crop compensation process. Requested information from Sembcorp includes complete records of all consultations with the PAPs (farmers and squatters), was not provided by GOM to Sembcorp or Environ and, therefore, we cannot confirm to ADB and IFC that there was full Project disclosure and that each PAP was properly consulted. According to Sembcorp, they do not have such a level of detail available to them as the GOM assigned their spokesperson to speak to each land owner individually before the Myingyan and Thau Tar township consultative meetings and minutes of these meetings were not provided to Sembcorp. Sembcorp has clarified to Environ that the consultations were government led and these meetings have not been documented, However, Sembcorp has shared signed contracts with Environ for each of the affected persons for review. Based on Environ’s attendance as an observer in these negotiation meetings and compensation ceremonies and discussions with the affected persons on field, there were no grievances received regarding the compensation for crops and assets impacted. In our opinion, Sembcorp has put forth its best efforts to work with the Government throughout the land acquisition process and we believe that it is their intention to construct a first class project in compliance with international standards. As we have been informed by Sembcorp, the outstanding requested information listed in Section 7.2 below was not made available to them by GOM.

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8. REFERENCES

The following documents received from Sembcorp and/or obtained from ADB and IFC websites were reviewed:

ADB, Undated. Initial Poverty and Social Analysis for the Myingyan Natural Gas Power Project

ADB, 2009. Safeguards Policy Statement

ERM-Siam Co Ltd, 2015. Revised Environmental and Social Impact Assessment (ESIA) Report for Myingyan IPP Project – 225 MW Gas-fired Combined Cycle Power Station, November.

IFC. 2015, Myingyan Environmental and Social Review Summary. 18 September. IFC, 2012. Performance Standards

Sembcorp, undated. Code of Business Conduct

Sembcorp, 2016. Community Development Plan

Sembcorp. 2015. Resettlement Framework (RF). MYA: Myingyan Natural Gas Power Project. October.

Sembcorp. 2016. Stakeholder Engagement Plan

Environ Myanmar

Prepared for: The Asian Development Bank, Manila, Philippines and The International Finance Corporation, Hong Kong Multilateral Investment Guaranty Agency

Prepared By: Environ Myanmar Co Ltd Yangon, Myanmar

Date August 2017

Project Number: MM110015

LAND ACQUISITION AND RESETTLEMENT PLAN OBSERVATION REPORT MYINGYAN 225 MW GAS-FIRED COMBINED CYCLE POWER PLANT

(Volume 2 Appendices A-H)

Ref MM110015

MYINGYAN 225 MW GAS-FIRED COMBINED CYCLE POWER Plant

APPENDICES

Appendix A Updated Land and Crops Inventory as of February 2017 (Redacted for Confidential Information)

Appendix B Observer Social Site Visit 14-18 November 2016 Photolog

Appendix C June 2016 Stakeholder Engagement Meeting Records

Appendix D Observer 23 November 2016 Compensation Meeting Photolog

Appendix E Observer 1-4 February 2017 Compensation Meeting Photolog

Appendix F Stakeholder Engagement Database

Appendix G River Water Pipeline Route with Locations of Three Squatters

Appendix H Power Pole Route Along the River Water Pipeline

Appendix I Crop Pricing and Full replacement Land Compensation Report

Appendix J Payment Agreement Contract-Towers

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LAND ACQUISITION AND RESETTLEMENT PLAN OBSERVER REPORT 1-1

APPENDIX A UPDATED LAND AND CROPS INVENTORY AS OF FEBRURARY 2017

LAND ACQUISITION AND RESETTLEMENT PLAN OBSERVER REPORT 2-2

APPENDIX B OBSERVER SOCIAL SITE VISIT 14-18 NOVEMBER 2016 PHOTOLOG

Photo 1. Track along the future water supply pipeline route. View is towards the steel mill and power plant site.

Photo 2. Canal along the future water supply pipeline route. View is towards the river.

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Photo 3. Water rest stop along the track.

Photo 4. Crops growing along the track.

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Photo 5. A house to the west along the track in Ayeywar Village.

Photo 6. A shop and tea house to the west along the track in Ayeywar Village.

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Photo 7. Another view of the shop and tea house to the west along the track in Ayeywar Village.

Photo 8. Three villagers we spoke with at a shop along the track in Ayeywar Village.

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Photo 9. Workers at a shop to the west along the track in Ayeywar Village.

Photo 10. Another house to the west along the track in Ayeywar Village.

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Photo 11. The District hospital in Myingyan Township.

Photo 12. The District police station in Myingyan Township.

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Photo 13. A dwelling, which is part of the steel mill temporary workers camp, along the access road to the power plant site.

Photo 14. Another dwelling, which is part of the steel mill temporary workers camp, along the access road to the power plant site.

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Photo 11. Witnesses are signing the compensation agreement contract in Myingyan EPC Office.

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Photo 15. Villagers with crops in Sa Klar Village.

Photo 16. Villager and house in Sa Klar Village.

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Photo 17. School in Sa Klar Village.

Photo 18. House in Sa Klar Village.

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Photo 19. Crops growing on the site where one of the four T-Line towers will be constructed in Sa Klar Village.

Photo 20. Business across the road from where one of the four T-Line towers will be constructed in Sa Klar Village.

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Photo 21. Restaurant across the road from where one of the four T-Line towers will be constructed in Sa Klar Village.

Photo 22. Pagoda in Sa Klar Village.

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LAND ACQUISITION AND RESETTLEMENT PLAN OBSERVER REPORT 3-3

APPENDIX C JUNE 2016 STAKEHOLDER ENGAGEMENT MEETING RECORDS

Records of Stakeholder Engagement for Additional 6 villages

Travel Itinerary: Date Time Program/Meeting Concern Person Meeting place 9 June Morning Meeting with Myingyan REM and ALO OK Hotel 2016 GAD Morning Ayeywar Village REM and ALO 10 June Afternoon Ka Lain Chon REM and ALO 2016 Kyun U 11 June Morning Seik Nyan REM and ALO 2016 Ma Yo Kone Programme Outline of the Stakeholder Engagement:

1. Presentation to villagers; 2. Summary of villager feedback / expectations; 3. Stakeholder engagement photos (including village head); 4. Baseline data (population, number of households, village water sources, village health care facilities, village educational facilities and village energy sources). Photo Gallery:

001 U Tin Soe 002 U Toe Myaing 003 U Win Maung (Ayeywar Village Leader) (Ka Laing Chon Village Leader) (Ma Yoe Kone Village Leader)

004 U Aung Win 005 U Toe Aung 006 U Aung Khin Myint (Chaung Pauk Village Tract Leader) (Lin Gyi Village Tract Leader) (Kyun U Village Leader)

007 U Yar Thit (Seik Nyan Village Leader) 008 Ayeywar Village Engagement Meeting REM making a presentation on the project

008 Ayeywar Village Engagement Meeting Briefing by the 009 Kyun U and Ka Laing Chon Village Tin Aung Swe sembcorp engineer and EPGE engineer REM making a presentation on the project

010 Kyun U and Ka Laing Chon Village 011 Seik Nyan and Ma Yoe Kone Village REM making a presentation on the project REM making a presentation on the project 012 Seik Nyan and Ma Yoe Kone Village 013 Seik Nyan and Ma Yoe Kone Village Villagers raise question ALO and engineers answering questions

014 Myingyan GAD Meeting 015 Myingyan GAD Meeting Discussion on villages for stakeholder engagement Discussion on villages for stakeholder engagement Meeting records for Kyun U & Ka Laing Chon

Meeting Minutes- Kyun U and Ka Laing Chon Village Meeting Venue- Monastery Date- 10-6-16 Time- 1 pm

Sembcorp Company: Currently, the land for the water supply pipeline / wastewater discharge pipeline is being measured by the land record and electricity departments. The pipeline will be buried 6 feet underground. The schedule for laying the pipeline is approximately 3 months. The land required to accommodate the machineries will be approximately 50 feet. After laying the pipeline, the land will be refilled and plantations of crops can continue as before. For the land compensation, there will be negotiations with the township administrator and land committee. The government will deal with crop compensation. After agreeing the land compensation, we can start implementing the Project.

Villager : Will the building of pipelines affect my plantations in the future? Sembcorp Company: The plantations can be carried out again. They will be affected only temporarily at the time of laying the pipeline.

Villager: Will there be any river pollution because of the wastewater? Sembcorp Company: The wastewater will be treated in accordance with International Standards. The river water we will use also contains sediments. We cannot use the river water directly; it has to be treated. The wastewater discharged will have a lower turbidity than the river water. We will also install instruments to measure the wastewater quality. When the pH level is more or less than pH7 it will be automatically cut. The wastewater cannot be discharged directly into the river. There is a river tract conservation group, and they will monitor the wastewater as well. The wastewater will be tested once a month. The Project will be implemented only if we get permission from the Ministry of National Resources and Environmental Conservation. Ka Laing Chon and Kyun U Villages Attendees List Date: 10/6/2016

No. Name Village Name Phone Number 1 U Toe Myaing Ka Laing Chon 2 U Khin Maung San Ka Laing Chon 3 U Than Bo Ka Laing Chon 4 U Win Sein Ka Laing Chon 5 U Thein Zaw Ka Laing Chon 9798864826 6 U Win Kyaw Soe Ka Laing Chon 7 U Tun Kyaw Ka Laing Chon 8 U Nyunt Win Ka Laing Chon 9 U Shwe Man Ka Laing Chon 10 U Zaw Min Khine Ka Laing Chon 11 U Aye Gyi Ka Laing Chon 12 U Toe Aung Lint Zin Gyi 933131015 13 U Than Naing Oo Ka Laing Chon 9798755185 14 U Than Nyunt Ka Laing Chon 15 U Phoe Swe Kyun U 933579091 16 U Maw Tint Kyi Ka Laing Chon 17 U Han Myo Tun Ka Laing Chon 18 U Kyaw Swe Kyun U 19 Daw Khin Mar Tin Kyun U 20 Daw Pyone Kyun U 21 Daw Kyi Thein Kyun U 22 Daw San Mya Kyun U 23 Daw Kyin San Kyun U 24 Daw Cho Mar Kyun U 25 Daw Nu Kyi Kyun U 26 U Tin Win Kyun U 27 Daw Khin San Yee Kyun U 28 Daw Ni Ni Win Kyun U 29 U Phoe Swe Kyun U 30 Daw Than Htay Yee Kyun U 31 U Than Tun Aung Kyun U 32 U Aung Thein Kyun U 33 Daw Htay Myint Kyun U 34 Daw Khin Myo Win Kyun U 35 Daw Khin San Win Kyun U 36 Daw Win Htay Kyun U 37 Daw Khin San Yee Kyun U 38 Daw Khin Mar Win Kyun U 39 Daw Tin Aye Kyun U 40 U Kyaw Soe Kyun U 41 U Kyaw Toe Kyun U 42 Daw Tin Oo Kyun U 43 Daw New Yin Myint Kyun U 44 Daw Toe Yin Kyun U 45 Daw Pyone Kyun U 46 Chew Sembcrop 47 U Myint Soe Sembcrop 48 U Aung Khin Myint Kyun U 49 U Kyaw Han Kyun U 50 U San Lin Kyun U 51 U Myint Soe Kyun U 52 U Aye Kyun U 53 U Myon Thant Kyun U 54 Daw Khin May Kyun U 55 Daw Ohn Kyi Kyun U 56 Daw Yay Twe Kyun U 57 Daw Ohn Than Kyun U 58 U Thein Tun Kyun U 59 U Nay San Kyun U 60 U Thaung Shein Kyun U 61 U Nan Soe Kyun U 62 Daw Kyi Aye Kyun U 63 Daw Hla Moe Kyun U 64 Daw Soe Kyun U 65 U Thet Aung Ka Laing Chon 66 U Nyein Saung Ka Laing Chon 67 Daw Mya Win Kyun U 68 Daw Ohn Kyun U 69 Daw Win Htay Yee Kyun U 70 Daw Aye Mya Win Kyun U 71 Daw New Zin Win Kyun U 72 Daw Than Than Kyun U 73 Daw Khin Mar Thin Kyun U 74 Daw Kay Thi Win Kyun U 75 U Aung Lwin Oo SMPC 09-972608080 76 U Than Htut Aung EPGE 09-256350855 Kyun U and Ka Laing Chon Villages

U Toe Aung (Lin Gyi Village Tract Leader) Meeting Minutes –Hta Nyaung Thai Village Meeting Venue: Latpan yat Pavilion, Hta Naung Daing Village Date: 24-6-2016 Time: 9:50 am

Question – Daw May Aye (Villager): How do you plan for job opportunity?

Sembcorp Company: Local people will be appointed based on their skills and qualifications.

Question – U Sein Maung Win (Villager): Few farmers have attended the meeting. The farmers who are impacted by the water pipeline laying and water pipeline crossing their fields should be asked for their opinion. Information should be transparent and this project can’t happen without consent by the farmers. There should be reasonable discussions on this.

REM Company: The objective of the meeting is not to discuss compensation but to disclose Project information. Subsequent meetings will be held concerning the water pipeline and all households to be impacted are being surveyed individually.

U Than Tun Aung (EPGE): Water will be taken from the Ayeyawady River for use in the power plant. There will be two parallel pipelines six feet in depth. It will be take approximately three months for pipeline laying work. The crops can be planted after pipeline laying and earth refilling. Land Records Department and MEPE are surveying the pipeline laying alignment now. We will compensate for crops of impacted land by pipeline laying after negotiation and consultation with respective township General Administration Departments and Agricultural Land Use and Management Committee. The project will be implemented after compensation has been made. Hta Nyaung Thai Village Attendees List Date: 24-06-2016

Sr. Name Village Name Phone Number 1 U Kwe Thoe Hta Nyaung Thai 2 U Cho Hta Nyaung Thai 3 U Chit Thae Hta Nyaung Thai 09-797257856 4 U Tin Aung Hta Nyaung Thai 5 U Ant Kyi Hta Nyaung Thai 09-420188390 6 U Aung Maung Hta Nyaung Thai 7 U Min Naing Hta Nyaung Thai 8 U Thein Than Oo Hta Nyaung Thai 9 U San Min Oo Hta Nyaung Thai 10 U Ye Tun Win Hta Nyaung Thai 11 U Htin Kyaw Hta Nyaung Thai 12 U Wai Tun Aung Hta Nyaung Thai 13 U Zaw Naing Hta Nyaung Thai 14 U Than Moe Hta Nyaung Thai 15 U Than Tun Aung EPGE 16 U Aung Lwin Oo Sembcorp Co,ltd 17 U Aung Myint Than SDCI (Myanmar Co.ltd) 18 Daw Khin Myint Mu Hta Nyaung Thai 09-403716329 19 Daw Win Mya Yarthar Kone 20 Daw Khin San Hta Nyaung Thai 09-77773861 21 Daw Thin Thin Naing Hta Nyaung Thai 22 Daw Aye Hta Nyaung Thai 23 Daw Than Ngwe Hta Nyaung Thai 24 Daw Moe Hta Nyaung Thai 25 Daw Htay Sein Hta Nyaung Thai 26 Daw Khin Shwe Hta Nyaung Thai 27 Daw Mie Mie Lwin Hta Nyaung Thai 28 Daw Aye Hta Nyaung Thai 29 Daw Poe Ei Phyu Hta Nyaung Thai 30 U San Min Oo Hta Nyaung Thai 31 Daw Htike Htike Win Hta Nyaung Thai 32 Daw Aye Ngwe Mu Hta Nyaung Thai 33 U Tun Aung Hta Nyaung Thai 34 Daw Thin Thin Swe Hta Nyaung Thai 35 Daw Htay Htay New Hta Nyaung Thai 36 Daw War War Swe Hta Nyaung Thai 37 Daw Wutmon Hta Nyaung Thai 38 Daw Zin Mar Hta Nyaung Thai 39 Daw Aye Khing Hta Nyaung Thai 40 Daw Aye Aye Hta Nyaung Thai 41 U Win Aung Yarthar Kone 42 U Win Kyaing Hta Nyaung Thai 43 Daw Myo Myo Myat Hta Nyaung Thai 44 Daw Nandar Myint Hta Nyaung Thai 45 U Hlaing Min Hta Nyaung Thai 46 U Aung Min Soe Hta Nyaung Thai 47 Daw War War Win Hta Nyaung Thai 48 U Win Naing Tun REM Co,ltd 49 Daw Wai Mar Lwin Latpan 50 U Sein Maung Win Shweyaung Lin 09-402609759 51 Daw Myint Htay Hta Nyaung Thai 52 U Aung Aung Hta Nyaung Thai 53 Daw Mya Mya Moe Latpan 54 Daw Malar Latpan 55 U Nay Soe Hta Nyaung Thai 09-400475298 U Nay Soe (Hta Nyaung Thai Village Leader)

LAND ACQUISITION AND RESETTLEMENT PLAN OBSERVER REPORT 4-4

APPENDIX D OBSERVER 23 NOVEMBER 2016 COMPENSATION MEETING PHOTOLOG

Photo 1. Land and crop compensation ceremony at Myingyan EPC Office, Myingyan Township.

Photo 2. Attended Landowners and Land users from Hnann Village and Sa Khar Village at Myingyan EPC Office, Myingyan Township.

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Photo 3. U Than Naing Oo, Chief Engineer is reading all the contracts at Myingyan EPC Office, Myingyan Township.

Photo 4. EE U Than Tun Aung is explaining the construction area, plan and affected lands to landowners and land users.

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Photo 5. Another Landowner is signing the compensation agreement contract.

Photo 6. Another Landowner is signing the compensation agreement contract.

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Photo 7. Another Landowner is signing the compensation agreement contract.

Photo 8. Another Landowner is accepting the compensated money for their land in Myingyan EPC Office.

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Photo 9. Another Landuser is accepting the compensated money for their land in Myingyan EPC Office.

Photo 10. Witnesses are signing the compensation agreement contract in Myingyan EPC Office.

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