Resettlement Plan November 2012 CAM: Greater Mekong Subregion: Northwestern Provincial Road Improvement Project Prepared by Ministry of Public Works and Transport, Royal Government of Cambodia for the Asian Development Bank. 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. 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. Resettlement Planning Document Updated Resettlement Plan NR56 Project Number: 42358-01 November 2012 Cambodia: Greater Mekong Subregion: Northwestern Provincial Road Improvement Project TABLE OF CONTENTS Currency Equivalents i Abbreviations i Weights and Measures i Definition of Terms ii List of Tables vi List of Figures vi List of Appendices vii Executive Summary viii I. INTRODUCTION ....... 1 A. Background 1 B. Project Location and Impact Areas 1 C. Civil Works to be Undertaken 1 D. Measures to Minimize Impacts 2 E. Updated Resettlement Plan 3 II. PROJECT ENTITLEMENTS ....... 6 A. Cut-off Date 6 B. Entitlements 6 III. PROJECT IMPACTS ....... 11 A. Methodology in Updating the RP 11 B. Inventory of Affected Assets 16 C. Summary of Impacts 24 IV. SOCIO-ECONOMIC PROFILES OF THE AFFECTED HOUSEHOLDS ....... 25 A. Gender of AH Heads, Age and Physical Condition 25 B. Educational Attainment of the Heads of Affected Households 26 C. Household Size and Number of Persons Earning a Living 28 D. Primary Occupation of the AH Heads and Household Income 29 E. Sanitation 32 F. Power for Lighting 34 G. Household Appliances 34 H. Transportation 34 I. Ownership of Residential and Land Outside of the ROW 37 V. RESETTLEMENT IMPLEMENTATION STRATEGY 38 A. Compensation for Affected Assets 38 B. Compensation of Assistance Allowances for AHs 38 C. Income Restoration 38 D. Relocation Strategy 39 E. Temporary Impacts 40 F. Unforeseen Impacts 40 G. Strategy to Address Gender Issues 40 H. Strategy to Assist Vulnerable Households 41 VI. ORGANIZATIONAL FRAMEWORK 41 A. The Social and Environmental Unit 42 B. IRC and the Resstlement Department 42 C. Provincial Resettlement Sub-committee 43 D. Detailed Design and Implementation Supervision Consultants 43 E. Indicative Implementation Schedule of the RP 43 VII. PUBLIC PARTICIPATION, CONSULTATION AND DISCLOSURE 44 A. Consultation 44 B. Disclosure 47 VIII. GRIEVANCE REDRESS 47 A. First Stage, Commune Level 47 B. Second Stage, Provincial Resettlement Sub-committee Working Group 47 C. Third Stage, Inter-ministerial Resettlement Committee 47 D. Final Stage, Court of Law 48 IX. MONITORING AND EVALUATION 48 A. Indicators for Internal Monitoring 48 B. External Monitoring Agency (EMA) 48 X. COST AND BUDGET 50 A. Procedures for Flow of Funds 50 B. Implementation, Administration and Contingency Costs 50 C. Estimated Cost of Resettlement 50 CURRENCY EQUIVALENTS (as of July 2012) Currency Unit - Riel (KHR) - US Dollar ($) KHR 4,000.00 = $1.00 ABBREVIATIONS ADB - Asian Development Bank AP/AH - affected person/affected household COI - corridor of impact DBST - double bituminous surface treatment DOL - Department of Land DMS - detailed measurement survey EA - executing agency EMA - external monitoring agency EMDP - ethnic minority development plan IOL - inventory of losses IRC - Inter-ministerial Resettlement Committee IRC-RD - IRC Resettlement Department IRP - Income Restoration Program MEF - Ministry of Economy and Finance MPWT - Ministry of Public Works and Transport NR - national road NTP - notice to proceed PMU - Project Management Unit PRSC - Provincial Resettlement Sub-Committee PRSC-WG - Provincial Resettlement Sub-Committee Working Group RCS - replacement cost study RGC - Royal Government of Cambodia ROW - right-of-way RP - resettlement plan RU - resettlement unit SEO - Social and Environmental Office SES - socio-economic survey WEIGHTS AND MEASURES Ha - hectare kg - kilogram km - kilometer lm - linear meter m - meter i DEFINITION OF TERMS Affected Person (AP) / Affected Household (AH)- Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement. In the case of affected household (AH), it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. Compensation - This is payment given in cash or in kind to affected persons (APs) at replacement cost for assets, resources or income acquired or adversely affected by the project Corridor of Impact (COI) - It is the area which is impacted by the road works or by the need to retain sites for future use for construction or for repair and maintenance, and is important in two particular respects: 1. Legally as the area within which APs will be entitled to compensation and other measures (in general coming under the heading of resettlement) for any loss of land, structures or land use and occupation and of livelihoods; and 2. Operationally as the agreed and demarcated area within which the road and related works will take place. Cut-off Date - This refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorized as AP. For NR 56, the cut-off date coincides with the period the census of affected persons and the inventory of losses (IOL) thereat were conducted; i.e., from 27 June to 12 July 2008. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the IOL; or (ii) they have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS). Detailed Measurement Survey (DMS) - With the use of approved detailed engineering drawings, this activity involves the finalization and/or validation of the results of the IOL, severity of impacts, and list of APs earlier done during resettlement plan (RP) preparation. The final cost of resettlement will be determined after the DMS. ii Entitlement - Refers to a range of measures, such as compensation, income restoration support, transfer assistance, livelihood substitution, relocation support, etc., which are provided the APs or AHs depending on the type and severity of their losses to restore their economic and social base. Income Restoration - This involves re-establishing sources of income and livelihood of APs or AHs Inventory of Losses (IOL)- This is the process where all fixed assets (i.e., land used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; standing crops and trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way (ROW) are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. The severity of impact on the affected assets and the severity of impact on the livelihood and productive capacity of the AP are determined. Involuntary Resettlement - It is the displacement of people from their homes, assets, sources of income and employment on account of development projects undertaken by the Government and the private sector, such as the improvement of NR 56 Project. Involuntary resettlement may result in any or a combination of the following: loss of abode, loss of fixed assets, loss of income and/or employment, relocation, separation of family members, disintegration of communities, etc. Unless appropriate and adequate mitigation measures are carried out, involuntary resettlement will result to further hardship and impoverishment among the APs, especially the marginal sectors of society. These adverse social impacts of development projects are often borne by APs not of their own volition but involuntarily. Land Acquisition - Refers to the process whereby an individual, household, firm or private institution is compelled by the government through the Project’s Executing Agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purpose in return for compensation at replacement cost. Rehabilitation - This refers to additional support provided to APs losing productive assets, incomes, employment or sources of living, to supplement compensation received for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life. Relocation - This is the physical relocation of an AP from his/her pre-project place of residence and/or business. Replacement Cost - This is the amount calculated before displacement which is needed to replace