Dps Resettlement Plan
Total Page:16
File Type:pdf, Size:1020Kb
World Bank Preferential Emergency Loan Project Public Disclosure Authorized Gansu Province Chengxian County Urban Area Water Supply Mobaxia Water Source (Reservoir) Project Public Disclosure Authorized DPs Resettlement Plan Public Disclosure Authorized Gansu Province Longnan City Earthquake Recovery and Reconstruction World Bank Loan Project Management Office Public Disclosure Authorized Luoyang Water Survey and Design Limited Liability Company March 2012 Relocation plan for ADB-financed Mobaxia water source (reservior) project for urba n water supply of Cheng County, Gansu Province Letter of Commitment C.G.D 2012-18 Chengxian County People's Government applies for bank loans of the World Bank for Gansu Province Chengxian County Urban Area Water supply Mobaxia Water Source (Reservoir) Project. Therefore, the implementation of the project must meet the World Bank's social security policy. The DPs Resettlement Plan complis with thelaws and regulations of People's Republic of China, Gansu Province, and Longnan relevant, as well as the World Bank's social security policy, and became the basis for land acquisition, relocation and resettlement involved in the project. Chengxian County People's Government hereby confirms that the contents of this report, and ensures that the project land acquisition, demolition, resettlement, compensation, and budget funds will be implementated according to this plan, while ensuring that all the resettlement funds will be paid in a timely manner and in full amount. The resettlement plan is prepared according to the project feasibility study report and preliminary socio-economic survey data. If the project‟s finally implemented engineering contents are inconsistent with engineering contents described in the project feasibility study report, and caused an actual effect on this resettlement plan, the resettlement plan will be amended accordingly. The amended resettlement plan should get World Bank's approval prior to implementation. Chengxian County People's Government Mar.31th 2012 i Relocation plan for ADB-financed Mobaxia water source (reservior) project for urba n water supply of Cheng County, Gansu Province The definitions of relevant terms I. Displaced Persons, DPs 1. From the eligibility criteria for compensation, "Displaced Persons, DPs” are divided into the following three categories: A. People having formal legal rights to the land (including the usual and traditional rights recognized by national law); B. People who do not have formal legal rights to the land in beginning of the census, but who claim requests for this piece of land or property - such requests are recognized by national law or recognized through process recognized in the resettlement plan; and C. People who don’t have recognized legitimate rights or claims for the land they occupy. 2. People in situation 1 (A) and 1 (B) get compensation and other assistance for the loss of land. People in situation 1 (C) can get access DPs resettlement assistance in lieu of compensation for the land that they occupy, and other necessary helps to achieve the goals set in this policy, provided that their occupation of land on the project area is earlier than a deadline1 provided by the borrower and accepted by the Bank. People occupying this region after this deadline shall not be entitled to compensation or any form of resettlement assistance. Everyone involved in paragraphs 1 (A), 1 (B) and 1 (C) can get the compensation for damage to property other than land. II. Compensation and resettlement measures 3. In order to resolve or eliminate the impacts or problems resulted from the compulsory acquisition of land, (i) relocation or loss of shelter; (ii) loss of assets or channels of access to assets; or (iii) loss of income sources or means of subsistence (whether the affected person must be moved to other places), we should prepare a DPs resettlement plan or DPs resettlement policy framework covering the following: A. DPs resettlement plan or DPs resettlement policy framework shall take appropriate measures to ensure that the DPs (i) Be informed of the options and other rights on the resettlement issue; (ii) Understand the technically and economically feasible solution, participate in the consultation, and enjoy the opportunity to choose; (iii) Get prompt and effective compensation at the full replacement cost2, to offset the direct property loss caused by the project. B. If the impacts include relocation, then DPs resettlement plan or resettlement policy framework should take appropriate measures to ensure that DPs (i) Get help in the relocation period (eg, relocation subsidies); (ii) Get housing or homestead, or get agricultural production sites upon request. Agricultural production site‟s production potential, location advantages, and 1 Under normal circumstances, the deadline is the beginning date of the census. The deadline may be a time designated by the project area before the start of the census, the premise is that the project area‟s information has been widely disseminated before the census, and can continue to be publicized afterwards in the project area to prevent the influx of outsiders. 2 “Replacement cost" is method of valuation of the property used to determine the the amount needed for replacement for the loss of property and payment of the transaction costs. When using this method of valuation, you should not be taken into account the depreciation of buildings and property. ii Relocation plan for ADB-financed Mobaxia water source (reservior) project for urba n water supply of Cheng County, Gansu Province other comprehensive factors should be at least equivalent with favorable conditions of the original sites. C. To achieve this policy‟s objectives, the GPs resettlement plan or GPs resettlement policy framework should also take appropriate measures when necessary, to ensure that GPs (i) After the removal, according to the time may be required for recovery of livelihoods and living standards, reasonably estimate the transition period, and get help during this transition period; (ii) In addition to the compensatory measures referred to in paragraph 3 (A) (iii), they can also get assistances in land preparation, credit, training or employment. III. Vulnerable group Vulnerable group of the project refers to project-affected people below the poverty line, the elderly, women, the disabled, ethnic minorities and so on. This project will pay particular attention to such group. iii Relocation plan for ADB-financed Mobaxia water source (reservior) project for urba n water supply of Cheng County, Gansu Province Content LETTER OF COMMITMENT ............................................................................................................. I 1 PROJECT OVERVIEW .............................................................................................................. 1 1.1 PROJECT BACKGROUND ............................................................................................................ 1 1.2 PROJECT OVERVIEW ............................................................................................................... 2 1.2.1 Project components ......................................................................................................... 2 TABLE 1-1 PROJECT COMPONENTS SUMMARY ....................................................................... 2 1.2.2 Project land acquisition and resettlement scope and impact brief ................................ 3 1.2.3 Project's social and economic benefits .......................................................................... 5 1.2.4 Investment estimation and implementation plan ........................................................... 5 1.2.5 Resettlement plan preparation and approval ................................................................. 6 1.3 MEASURES TO REDUCE LAND ACQUISITION AND RESETTLEMENT ........................................ 7 1.3.1 Project design and siting principle ................................................................................. 7 1.3.2 Project plan comparison and selection .......................................................................... 7 1.4 ASSOCIATED PROJECT IDENTIFICATION ................................................................................ 8 2 PROJECT IMPACT ..................................................................................................................... 9 2.1 PROJECT IMPACT CATEGORY ................................................................................................. 9 2.2 PROJECT AFFECTED AREAS .................................................................................................... 9 2.3 PROJECT IMPACT (PHYSICAL INDICATORS) SURVEY METHODOLOG ................................... 11 2.3.1 Land survey ................................................................................................................... 11 2.3.2 Census and housing suvey............................................................................................ 12 2.3.3 Specialized item survey ................................................................................................. 13 2.3.4 Scattered tree survey ..................................................................................................... 13 2.3.5 Survey results identification ......................................................................................... 13 2.4 PROJECT-AFFECTED PHYSICAL INDICATORS ....................................................................... 15