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Resettlement Policy Framework RP1400 Guangdong Agricultural Non-point Source Pollution Public Disclosure Authorized Control Project Financed by World Bank Resettlement Policy Framework Public Disclosure Authorized Public Disclosure Authorized PMO: World Bank Project Office, GAD Public Disclosure Authorized Consultant: Urban Management Institution of Guangdong Province February 2013 1 Table of Contents I. Project Overview II. Project Impact III. Principles and Objectives IV. Preparation and Approval of Resettlement Plan V. Legal Framework VI. Standards and Qualification for Obtaining Compensation VII. Organizational Framework VIII. Implementation Procedure IX. Appeal Mechanism X. Public Participation and Negotiation XI. Monitoring Appendix: Review on Land Utilization for the Pig Farms Implemented in the First Year 2 I. Project Overview This is the first agriculture non-point pollution control project loaned by World Bank in Guangdong, the purpose of which is to reduce agriculture non-point pollution systematically by comprehensive prevention and control measures; to facilitate establishment of agriculture non-point pollution control system by capacity building and knowledge management, monitoring and evaluation, etc, to let Guangdong people get economical, social and ecological benefit from agriculture non-point pollution control and be happier. The project will last 5 years, from January 2014 to December 2018. Agriculture non-point pollution control project loaned by World Bank has four subprojects: (1) environmental-friendly crop farming; (2) livestock waste management; (3) monitoring and evaluation, capacity building and knowledge management; (4) project management. The first subproject is composed of the following three projects: chemical fertilizer reduction and pollution control project, pesticide reduction and hazard control project and conservation tillage. This project is mainly carried out in cities such as Huizhou and Jiangmen, while demonstration project of chemical fertilizer and pesticide pollution control is implemented in 30 towns of 6 counties in Huizhou and Jiangmen, with 500,000 mu farmland in total planned for improvement. Demonstration project of livestock and poultry farm pollution control proposes to select 300 large-scale livestock farm within the province for project construction, 150 are in Huizhou, Jiangmen and Heyuan (100 in the first stage). Total investment of this project is 1,365,028,600 yuan, among which USD 100 million (accounting to RMB 630 million) are from World Bank Loan, USD 5.1 million (accounting to RMB 32.13 million) are GEF donation, RMB 434.7186 are from Guangdong government finance support, and RMB 268.18million are from enterprise self-finance. II. Project Impact As agriculture non-point pollution control project loaned by World Bank covers a wide range and details, in order to analyze impact on land requisition and resettlement, it is necessary to identify construction projects content and summarize in the following: Scale of Project name Project type Construction content construction Laboratory Decoration and reconstruction of structure, Public support decoration and roof, exterior, interior, doors and windows, Approx. 1100 project reconstruction plumbing, central heating, ventilation and m2 project fuming cupboard, air conditioning, 3 electricity, phone, network, monitoring, alarm, gas line of clay fertilizer detection center lab at provincial level. No new building is needed. Water-fertilizer Equipment Promotion area Including construction of drip irrigation demonstration construction is about 64000 system and organic fertilizer storage pool. project project mu. Pretreatment of raw ferment material, Medium and anaerobic digestion system and raw Livestock large scale material pretreatment facilities, biogas and waste biogas project fertilizer utilization facilities; other 300 large-scale management and supporting supporting facilities, including fire control, livestock farms project facilities lighting, water supply and drainage and construction marks in plant. All activities will be within the farm. Judging from the above project construction content, we know that this project focuses on decoration and reconstruction of original labs and installation of technical equipment. Component I is possibly to need some land, so this resettlement policy framework is established for the purpose of providing complete policy and law support in case of land acquisition and resettlement and reducing social impact to the minimum level. If any land acquisition or resettlement occurred to project area, this framework will serve as guidelines for resettlement preparation and implementation. According to duty review of land acquisition of 30 livestock farms to be carried out in the first year (see Appendix Table1, Table 2, Table 3), we basically come to the conclusion that implementation of this project doesn’t involve issues related to land acquisition or resettlement. Component I activities with land acquisition will be not included in the first year. III. Principles and Objectives In order to avoid or reduce construction of land acquisition and resettlement project, for involuntary relocation, basic principles in this resettlement policy framework shall be observed. As long as the impact of land acquisition is confirmed, resettlement plan will be made on the basis of policies and programs defined by this framework. The purpose of this policy framework is to make sure all people impacted by resettlement project can get proper compensation and necessary help to improve or at least recover production, income and living standard. This policy framework defines people (migrant) impacted by this project as below: 4 “Migrant” refers to all people who need relocation as the above mentioned activities (1) have adverse effect on their living standard; (2) temporarily or permanently have their house ownership, rights or interest, land (including house site, farmland and pasture) or other movable property or immovable property requisitioned; (3) have temporary or permanent influence on their production capital; (4) have adverse effect on their operation, profession, work or living space or habit. In order to achieve the above mentioned goal, this resettlement policy framework applies World Bank business policy OP/BP4.12 to formulate major guidelines for resettlement plan and implementation. The principles are shown in details as below: (1) The implementation of resettlement must be based on social economical status research and carried out according to statistical data, national and local land acquisition policy as well as resettlement plan and policy listed in World Bank business policy OP/BP4.12. (2) Optimize engineering design and reduce impact of land requisition and removal to the largest extent. Be away from populated area and reduce cases of involuntary migrant. Take various measures for the convenience of people during construction and adopt construction program which reduces interference. (3) Compensation and resettlement activities for all involuntary migrants must be an important part of construction project, provide sufficient fund for migrants, and let them benefit from project activities, service and construction of related facilities. (4) Make sure all migrants get compensation before project implementation. Provide them with proper facilities for resettlement and effective production recovery as well as allowance and support to solve their temporary problem. (5) Make sure production capacity, living and income status of migrants can restore to the level before land requisition and demolition, or be better after land requisition and demolition. (6) Establishment of compensation rate in resettlement plan is about compensating group or individual who suffer property loss. It is not allowed to make compensation at a discount or reduce compensation amount as per depreciation or other reasons. (7) For the affected migrants, offer them multiple resettlements to select voluntarily, including real object and currency arrangement. (8) The affected migrants must get compensation during resettlement transition period or in relocation process. (9) Non-local institutions which suffer loss due to production and closedown shall get relocation subsidy and allowance. (10) Show care for disadvantaged groups and help them select make-shift house and relocate. (11) Compensate owners of infrastructure affected by project construction for relocation and functional rehabilitation of infrastructure. (12) Make reasonable compensation for land expropriation and loss it caused. (13) General expenses of land requisition shall be paid within three months upon the date of approval for land compensation and relocation policy. This land can be used for construction since the date of payment. 5 (14) Encourage migrants to take part in preparation and implementation of resettlement plan, ask for advice and suggestions on compensation standard and resettlement measures, publicize migrant policy, compensation standard and relocation measures timely. (15) Value migrant complaint and appeal and help them solve difficulties and inconveniences caused by land requisition and relocation. For migrants’ opinion of compensation amount, solve disputes by negotiation as possible. If no agreement is reached, it may be solved by arbitration or accusatory. (16) Organizations in charge of resettlement works shall strengthen coordination and cooperation, improve resettlement organizations at all levels and provide training for all staff. (17) During implementation
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