Resettlement Plan May 2011 Document Stage: Updated BHU: Road Network Project II Tsebar–Mikuri–Shingchungri Section Prepared by Department of Roads, Ministry of Works and Human Settlement for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 16 May 2011) Currency unit – ngultrum (Nu) Nu1.00 = $0.0222878476 $1.00 = Nu 44.867500 ABBREVIATIONS ADB – Asian Development Bank AP – affected person BHU – basic health unit BSR – Bhutan schedule of rates CBO – community-based organization DAO – District Agriculture Officer DE – District Engineer DFO – District Forest Officer DOA – Department of Agriculture DoR – Department of Roads EA – Executing Agency FO – Finance Officer FCB – Food Corporation of Bhutan IR – involuntary resettlement LRO – land record officer MoWHS – Ministry of Works and Human Settlement NCWC – National Commission for Women and Children NEC – National Environment Commission NGO – non-government organization NPAG – National Plan of Action for Gender NWAB – National Women Association of Bhutan PAVA – Poverty Assessment and Valuation Agency PMO – Project Management Office RGoB – Royal Government of Bhutan RF – resettlement framework RNR – renewable natural resources ROW – right of way RP – resettlement plan WEIGHTS AND MEASURES km – kilometer m – meter GLOSSARY Chiwog – Combination of several villages Chuzing – Wet land Dasho Dzongdag – District Administrator Dzongkhag – District Dungkhag – Sub-district DYT – Dzongkhag Yargay Tshogdu (District Development Community) Gup – Block head GYT – Geog Yargay Tshogchung (Block Development Committee) Satshab – Land Substitution Thram – Land record Thromde – Municipal NOTE In this report, "$" refers to US dollars. This resettlement plan 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. 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. CONTENTS Page EXECUTIVE SUMMARY i I. THE PROJECT BACKGROUND 1 A. Project Description 1 B. Subproject Benefits and Impacts 1 C. Measures to Minimize Impact 1 D. Scope and Objectives of the Resettlement Plan (RP) 2 II. SOCIAL PROFILE OF SUBPROJECT AREA 3 A. Socioeconomic Survey Methodology 3 B. Social Profile of Affected Persons (APs) 3 C. Economic Activities/Livelihood 3 D. Religion 4 E. Education and Health 4 F. Drinking Water 4 G. Gender Analysis 4 III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS 5 A. Types of loss and ownership 5 B. Subproject Impacts 7 C. Options of Relocation 7 IV. RESETTLEMENT POLICY, LEGAL FRAMEWORK AND ENTITLEMENT MATRIX 8 A. Objective 8 B. Existing Bhutanese Law 9 C. Resettlement Principles for the Project 9 V. PUBLIC CONSULTATION AND DISCLOSURE OF INFORMATION 17 A. Methods of Public Consultation 17 B. Scope of Consultation and Issues 18 C. Major Findings of the Consultations 18 D. Plan for Further Consultation in the Subproject 20 E. Disclosure of RP 21 VI. INSTITUTIONAL FRAMEWORK 22 A. Institutional Requirement 22 B. Resettlement Management 22 C. Grievance Redressal Mechanism 22 VII. RESETTLEMENT BUDGET AND FINANCING 23 VIII. IMPLEMENTATION SCHEDULE 24 IX. MONITORING AND EVALUATION 25 APPENDIXES 1. List of Affected Persons, Affected Assets, and Resettlement Budget 26 2. List of Focus Group Discussion Participants 30 EXECUTIVE SUMMARY A. Project Background 1. The Royal Government of Bhutan (RGoB), through the Department of Roads (DoR) of the Ministry of Works and Human Settlement, has proposed to implement the Road Network Project II with the assistance of the Asian Development Bank (ADB). The DoR is in charge for implementing the project. The Project components involve the construction of four national roads and one feeder road of 186.74 km. The Project will impact road network efficiency in the southern east-west corridor and sub-regional connectivity, contributing to expanded economic and regionally-balanced development, leading to poverty reduction. B. Land Acquisition and Resettlement Impacts 2. The preliminary design of the subproject is based on the available gravelled and fair weather alignment for single lane traffic with minor widening only for drainage and hard shoulders without land acquisition. During detailed design phase, though the extent of land requirement for the project is 111.21 acres, some parts of land have to be acquired in the landslide area. Besides, the subproject is also likely to bring other resettlement impacts in different sections along the corridor. The resettlement impact will be significant.1 The census revealed that the total number affected households were 155. There are 690 affected persons from 155 households. There are 109 households who will be losing more than 10% of their productive assets. A total of 14 structures will be affected, and an additional five structures mainly one water tank and four water taps are also affected which is to be reinstated prior to the start of construction work. A total 2228 fruit tree (bearing and non-bearing) will be also affected. Table 1: Summary Profile of Project Affected Assets Sl. No. Impacts Number 1 Total land affected(dry land) 111.21 acre 2 Total land affected(wet land) - 3 Total number of affected households 155 4 Total number of affected persons 690 5 Total number of private land owner affected 155 6 Total number of non-titled holders (women headed households) 29 7 Total number of structures affected 14 8 Total number of other structures (water tank/water taps) affected 5 9 Total number of fruit tress affected 2228 10 Total households losing 10% or more of productive assets 109 Source: Resettlement Census Survey, 2011 C. Resettlement Principles for the Project 3. In accordance with the resettlement principles suggested for the Project, all affected households and persons will be entitled to a combination of compensation packages and resettlement assistance, depending on the nature of ownership rights on lost assets and scope of the impacts, including socioe-conomic vulnerability of the affected persons and measures to 1 In accordance to ADB Resettlement Policy (1995) and OM F2/BP (2006), resettlement is “significant” when 200 or more people experience major impacts. Major impacts are defined as involving affected people being physically displaced from housing and/or having 10% or more of their productive, income generating assets lost. ii support livelihood restoration if livelihood impacts are envisaged. The affected persons will be entitled to the following six types of compensation and assistance packages: Compensation for land at replacement cost, or land for land; Compensation for structures (residential/ commercial) and other immovable assets at replacement cost; Compensation for cash crops/fruit trees/annual crops at market value; Assistance for shifting and rebuilding the APs' structures, Rehabilitation assistance in lieu of the loss of business/ wage/income/livelihood; Special assistance for vulnerable groups; and Rebuilding and/ or restoration of community infrastructure and amenities. D. Entitlement Matrix 4. This Entitlement Matrix (Table 9) has been formulated according to the resettlement principles for this Project and specifically reflects various types of losses resulting out of this particular subproject and specific compensation and resettlement packages. E. Public Consultation and Disclosure of Information 5. Consultations and discussions were held along the subproject with the affected families and other stakeholders including village heads, heads of households, women’s groups, farmers, business communities, and other vulnerable APs like people living below poverty line. 6. The primary stakeholders of the Project have been identified as those residing in and around the vicinity of the proposed road. Apart from the APs, the other stakeholders identified are; MoWHS (DOR), MoA, (Land and Survey Division) and Dzongkhag Administration (District Agriculture Officer [DAO]), Finance Officer (FO), Land Record Officer (LRO), Gup, and Mangiap and village Headmen. 7. Focus group discussions (public consultations) were conducted with the villagers during the time of feasibility study. These meetings were organized to get wider public input from both the primary and secondary stakeholders. Further individual public consultations were carried out during detail design phase. F. Institutional Framework 8. For implementation of RP there will be a set of institutions involved at various levels and stages of the Project. The primary institutions who will be involved in this implementation are the following; (i) Department of Roads, (ii) Dzongkhag (District Administration), (iii) Project Management Office, (iv) Dzongkhag Land Record Officer, Dzongkhag Survey Officer (v) Surveyors, (v) Grievance Redressal Committees, and (v) Supervision Consultant. G. Resettlement Management 9. The DoR will be the executing agency (EA) for the Project. A Project Management Office (PMO), headed by a Project Coordinator (PC) will be established and will be responsible for the overall execution of the Project. The PC, in coordination with the Dzongkhag (District Administration), will be responsible for implementing the resettlement and rehabilitation activities, and ensuring availability of budget for land acquisition and resettlement activities. The PC will iii request