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Combined Resettlement Plan and Indigenous Peoples Plan

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Combined Resettlement Plan and Indigenous Peoples Plan Combined Resettlement Plan and Indigenous Peoples Plan Document Stage: Draft Project Number: P44219 (NEP) April 2014 NEP: South Asia Subregional Economic Cooperation (SASEC) Power System Expansion Project (SPEP) - Transmission Prepared by: Nepal Electricity Authority (NEA) Ministry of Energy (MoE), Government of Nepal The combined Resettlement and Indigenous Peoples Plan (RIPP) 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 TABLE OF CONTENTS CHAPTERS DESCRIPTION PAGE NO List Of Abbreviations Executive Summary I INTRODUCTION AND PROJECT DESCRIPTION A. Overview B. Subproject Components (Transmission) of NEA 1. Transmission Grid Substations (GSS) 2. Transmission Lines C. Scope and Limitation of RIPP D. Impact and Benefits of the Project II SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. General B. Impact on Permanent Land Acquisition 1.Transmission Grid Substations (GSS) 3. Transmission Tower Footings C. Temporary Impacts 1. Transmission Lines III SOCIOECONOMIC INFORMATION AND PROFILE A. Approach and Methodology B. Socio Economic Profile of Subproject Area 1. Types of Settlement 2. Demographic Features 3. Livelihood Pattern 4. Land and Crops 5. Financial Status 6. Health 7. Migration 8. Infrastructure 9. Power/Electricity C. Women/Gender D. Awareness on HIV/AIDS E. Indigenous People 1. Demographic Features of IPs 2. Major Economic Activities 3. Landholding Status 4. Major Cropping Pattern 5. Average Annual Income 6. Average Annual Expenditure 7. Possession of Durable Goods 8. Major Illnesses 9. Migration Pattern 10. Women’s Activities among Janjati 11. Women’s Say in Decision Making 12. Literacy 13. Source of Drinking Water 14. Sanitation Facilities 15. Usage Pattern of Fuel for Cooking 16. Type of Construction of Structures 17. Nature of Structures/Buildings 18. Status on Electrification 19. Average Usage Pattern 20. Purpose of Electricity Use 21. Unit Price CHAPTERS DESCRIPTION PAGE NO 22. Use of Non Electricity Sources F. Overall Findings and Conclusion of Socio-Economic Survey IV INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION A. Consultation B. Information Disclosure C. Continued Consultation and Participation V GRIEVANCE REDRESS MECHANISMS A. General B. Levels of GRM 1. First Level of GRM 2. Second Level of GRM 3. Third Level of GRM C. Court of Law/ Country’s Legal System VI LEGAL FRAMEWORK A. Constitutional Guarantees B. Government of Nepal’s Relevant Acts and Regulations 1. Land Acquisition Act 2034 (1977)- LAA 2. The Land Reform Act, 2021 (1964) - LRA 3. Land Revenue Act 2034 (1977) 4. Electricity Act 1992; and Electricity Regulations, 1992 5. Government’s Policies and Legal Framework for Janajathis in Nepal C. ADB’S Safeguard Policy Statement, 2009 (SPS) 1. Involuntary Resettlement Safeguard Principles 2. Indigenous Peoples Safeguards D. GoN and ADB Safeguard Policy Differences E. Social Safeguards Principles for this Project VII ENTITLEMENT, ASSISTANCE AND BENEFITS A. Eligibility B. Entitlements VIII RELOCATION AND INCOME RESTORATION IX RESETTLEMENT BUDGET AND FINANCIAL PLAN A. General B. Source of Funding and Fund Flow Management X INSTITUTIONAL ARRANGEMENTS A. Project Management Unit (PMU) B. Project Implementation Unit (PIU) C. Project Preparation Support consultant (PPS) D. Project Supervision Consultant (PSC) E. Training and Capacity Building XI IMPLEMENTATION SCHEDULE XII MONITORING AND REPORTING A. NEA Monitoring B. External Monitoring LIST OF TABLES Table-1.1 Details of Substations and Bay Extension and GSS Reinforcement Table-1.2 Details of Transmission Lines Table-2.1 Impact on Land Acquisition and Resettlement for GSS Table-2.2 Land Details on Tower Footings Table-2.3 Temporary Impacts on Transmission Lines Table-2.4 IP Population in some of Project Affected Districts CHAPTERS DESCRIPTION PAGE NO Table-3 Table-3.1 Demographic Feature of APs Table-3.2 Major Economic Activities of the Households Table-3.3 Landholding Status Table-3.4 Major cropping pattern and average Yield of different Crops Table-3.5 Average Annual Income Table-3.6 Average Annual Expenditure Table-3.7 Possession of Durable Goods Table-3.8 Benefits from Schemes Table-3.9 Major Illness in the Family Table-3.10 Migration Pattern Table-3.11 Type of work of the migrated members Table-3.12 Type of Activities for Women Table-3.13 Women’s Say in Decision Making Table-3.14 Women’s Participation in Decision Making Table-3.15 Literacy Status Table-3.16 Source of Drinking Water Table-3.17 Type of Sanitation Facilities Table-3.18 Type of Fuel Use for cooking Table-3.19 Type of Construction Table-3.20 Nature of Structure Table-3.21 Status on Electrification Table-3.22 Average Usage Pattern of Electricity Table-3.23 Purpose of Electricity Use Table-3.24 Average expenditure on electricity Table-3.25 Usage of non electricity energy sources Table-3.26 Daily usage of non electricity energy sources Table-4.1 Locations and Number of Participants for Public Consultations Table-4.2 Locations and Number of Participants for Gender Consultations Table-9.1 Resettlement Budget Table-10.1 Institutional Roles and Responsibilities for Resettlement Activities Table-11.1 Implementation Schedule LIST OF FIGURES Figure-1 Project Area / Rationale Figure-2 Transmission Project Corridors Figure-3 Transmission Subproject Components Figure-4 Grievance Redress Mechanism Figure-5 Project Management Directorate-ADB LIST OF ANNEXURES Annexure-1 Due Diligence Annexure-2 Inventory of Land Details on Transmission Lines Annexure-3 Baseline Socio-Economic Profile of Subproject Area Annexure-4 Details on Consultations (Public Consultations and Gender Consultations) Annexure-5 Policy Comparison (ADB’s SPS and GoN’s Laws) LIST OF ABBREVIATIONS ADB - Asian Development Bank AP - Affected Persons CDC - Compensation Determination Committee CDO - Chief District Officer CPR - Common Property Resources CPS - Country Partnership Strategy DDC - District Development Committee DPs - Displaced persons EA - Executing Agency FGD - Focused Group Discussions GRC - Grievance Redress Committee GRM - Grievance Redress Mechanism GoN - Government of Nepal’s GSS - Grid Substation IP - Indigenous Peoples IR - Involuntary resettlement KWh - Kilowatt Hours LAA - Land Acquisition Act LRA - Land Reform Act NEA - Nepal Electricity Authority NFDIN - National Committee for Development of Indigenous Nationalities NGOs - Non Governmental Organization NPR - Nepali Rupees PIU - Project Implementation Unit PMO - Project Manager Office PPS - Project Preparation Support PSC - Project Supervision Consultant RIPP - Resettlement and Indigenous Peoples Plan RoW - Right Of Way SASEC - South Asia Sub-regional Economic Cooperation SC - Supervision Consultant SPS - Safeguard Policy Statement SPEP - South Asia Sub-regional Economic Cooperation (SASEC) Power System Expansion Project SPS - Safeguard Policy Statement S/S - Sub Station EXECUTIVE SUMMARY i. This is a combined Resettlement and Indigenous Peoples Plan (RIPP) prepared for the transmission components for the proposed Project, “South Asia Subregional Economic Cooperation (SASEC) Power System Expansion Project (SPEP)”. The RIPP is in draft form because some of project components such as grid substations, location for tower footing etc are not yet finalized. The route survey is also preliminary at the moment. Therefore, RIPP is based on feasibility assessment and preliminary engineering design which will be updated and finalized during the detailed design and final check survey prior to construction activities. Nepal Electricity Authority (NEA) will be the executing and implementing agency for the transmission components and will be responsible for updating, finalizing and implementing the RIPP. This is prepared in accordance with ADB’s Safeguard Policy Statement, 2009 (SPS, 2009) and Government Nepal’s laws and regulations related to land acquisition. Based on ADB’s SPS 2009, the Project is categorized as “A” for involuntary resettlement and “B” for indigenous peoples. ii. As far as safeguard requirement-3 (SR-3) of ADB’s SPS-2009 is concerned, it is observed that the project will not trigger safeguard requirement-3 (SR- 3). However, the impacts on indigenous peoples are limited as some scheduled IPs under Nepali law, will suffer IR impacts, and these are documented as part of the RIPP. The impacts on indigenous peoples (Jan Jatis) are limited to IR related and does not threat to their existing socio-cultural set-up; therefore, separate Indigenous Peoples Plan (IPP) is not required. However, to address the IP impacts, a combined Resettlement and Indigenous Peoples Plan (RIPP) has been prepared with additional socio-economic analysis on IPs in the RIPP. iii. The Project outputs are: (i) Power transmission capacity from Kali Gandaki basin, Marsyangdi basin, Marsyangdi to Kathmandu basin and the Samundratar-Trishuli 3B hub corridor; (ii) Power distribution network in selected rural areas in East, Central and West regions; (iii) Mini-grid based renewable energy systems in off-grid areas for Alternative Energy Promotion Centre (AEPC) which includes installation of up to 4.3 MW of aggregated mini hydro-electric power plants and up to 0.5 MW of aggregated
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