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World Bank Document RP-60 VOL. 2 iDocemeutof World Beak Phaneed Pre. Public Disclosure Authorized The People's Republic of China The World Bank Financed RRIP Project Suichuan--Chezi'ao Section Yutian-Xinjiang Section Shashipu-Wangmudu Section Tangjiang-Dongshan Section Public Disclosure Authorized Resettlement Action Plan (SecondEdition) Public Disclosure Authorized Pr*WRakmenOffie TheWoddBankLanPmjectOfficeofJPCD Public Disclosure Authorized December2000 Jiangxi China Objectives of RAP and Definition of ResettlementTerminology This ResettlementAction Plan (RAP) is prepared accordingto the Laws and Regulationsof PRC, and Jiangxi Province as well as the Guidelinesof the WorldBank (OperationalDirective for InvoluntaryResettlement OD 4.30). The purpose of this documentis to set out an Action Plan for the Resettlementand Rehabilitationof Project AffectedPersons (PAPs)to ensure that they wrill benefit from the project and their standardsof living will improveor at least be restored after the project impact. Acquisitionof land and other assets for the project will adverselyaffect the livelihoodof persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisitionfor the project.PAPs include the followingcategories: a) persons who have a title, right, interest, in structures (houses,enterprises, shelters, or public buildings),and (includingresidential, agricultural, and grazing land)or any other asset acquiredor possessed,in full or in part, permanentlyor temporarily; b) persons who use the structures, and or assets describedabove; or persons whose business, occupation,work, placeof residenceor habitat adverselyaffected; or c) personswhose standardof livingis adverselyaffected as a consequenceof land acquisition. A definitionof PAPs is givenbelow: Definitionof the PAPs: "AffectedPersons" means personswho on accountof the executionof the project had or would have their: a) standardof living adverselyaffected; or b) right, title or interest in any house, land (includingpremises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarilyor permanently;or c) business, occupation, work or place of residence or habitat adversely affected, and "Affected Person" means individuallyall thosewho qualifyas "Affected Persons". PAPs may individualsor legalpersons such as a company,a public institution.Definition of PAPs is not limited to their legal registrationor permissionto live or conduct business in the affected location,or theirtitle to property.Thus it includes: a) all those affectedby the project regardlessof their legal rights or absence thereof to the assets being taken; and b) persons withoutresidential permit to live in a certain area. Therefore, all such persons who are affected will need to be consideredand recorded as PAF's, regardless of their legal connectionto assets land or location. If there are more than one person, family or householdusing or holding a title to the same land or property that is acquired,they will be compensatedand rehabilitatedaccording to the loss they suffer, their rights and the impact on their living standardsthe definitionof PAPs is linked directly to the adverseeffect of the project,regardless of legal rightstitle or interest. All PAPs are entitled to the improvementor at least restorationof their standards of living, and compensationfor the materiallosses they suffer. Compensationfor assets will cover replacement cost. No deductionsor discountswill be applied to compensationamount for depreciationor other reasons. All PAPs derivingeconomic benefit from the affectedland and property are entitled to receive rehabilitationbenefits in addition to the compensationfor their assets lost. Those PAPs without title, authorizationor legal permission to reside, conduct business, livelihoods and compensationfor their assetson an equal footing with thosewith formal legal title, authorization or permissionsto the assets. The term RESETTLEMENTincludes: a) the relocationof livingquarters; b) finding acceptable new employment for those whose jobs are affected; c) restoration (or compensation) of affected productive resources such as land, work-places, trees and infrastructure; d) restoration of other adverse effect on PAPs' living standards (quality of life) through land acquisition (such as the adverse effects of pollution); e) restoration of or compensation for affected private and public enterprises; and f) restoration of adversely affected on cultural or common property. Rehabilitation means: the restoration of the PAPs' resource capacity to continue with productive activities of lifestyles at a level higher or at least equal to that before the project. The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels. To achieve these objectives the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods.Affected productive resources of businesses(enterprises including shops) and public property, infrastructureand cultural property will also be improvedor at least restored to their pre-projectlevels. Terms of Reference for Monitoring Resettlement Activities Second Jiangxi Provincial Highways Project Introduction 1. The :SecondJiangxi ProvincialHighways Project will displaceor adverselyaffect standards of of people living conductingeconomic activities within the right of way.To ensurethat the project affectedpersons (PAPs)maintain or improveon their current standardof living, the WorldBank Loan ProjectOffice (WBLPO) has prepareda ResettlementAction Plan (RAP).The RAP sets the standards on the basis of which PAPs will be rehabilitated.In order to minimizethe difference between the implementationand the resettlementpolicy, the RAP will be implementedby Resettlementoffices of the affected cities and counties under the direction of the Provincial Resettlement(PRO) of the WBLPO.The effectivenessand impact of RAP of the RAP will be monitored intemally by the PRO. WBLPO has also contracted the services of the City and PopulationResearch Institute (CPRI) of Jiangxi NormalUniversity and the PopulationResearch Institute(PRI) of Wuhan Universityto act as the IndependentMonitoring Organization (IMO) to monitor and assist the responsibleresettlement organizations in achieving the objectivesof the RAP as well as to ensure that the PAPs take an active part in the process of their own rehabilitation. 2. This termsof Referenceoutlines the resettlementmonitoring work to be undertakenby the PRO and the IMO which have alreadybeen agreedand reflectedin the RAP. Sjope of Work:Internal Monitoring 3.Intemal Monitoringof the completeresettlement organization will be undertakenby the PRO to ensure that all the responsibleunits followthe scheduleand complywith the principlesof the RAP The purpose of this monitoring mechanism is to maintain the satisfactory functioningof the resettlementorganization during the implementation. 4. PRO will develop an intemal monitoringframework to supervise resettlementactivities by employingthe database of the PAPs and their assets as the basis of the framework.PRO will maintainthe a data base and monitor the progressin resettlementpreparation and implementation through a 100%monitoring of the activitieswith the assistanceof City and County Resettlement Offices (CIROsand COROs). 5. Relevant sections of the database will be shared with the CIROs and COROs. During the preparationof RAP the staff of CIROs and COROswill be trained in the use of the data and their offices will be equippedwith necessaryequipment to process the data. 6. During the implementation,CIROs and COROs will record implementationinformation on individuals,households and units on formatsprepared for monitoringand deliverthe record of the current activity (in electronic form) to the PRO. In this way a continuous monitoringwill be maintained.The PRO will conductperiodic supervision of resettlementat the village and township level (and coveringall townships)to verify the reportedprogress on a randombasis. 7. Indicatorsto be Monitored:PRO will be responsibleto monitorthe followingindicators. * Payment of compensation to the PAPs/units * Allotment of house plots. * Reconstruction of private housing. * Relocation of PAPs * Land readjustment for the PAPs losing land * Provision of employment to surplus labor and evaluation on the adequacy of employment in terms of security, public health, skill levels and incomes. Rehabilitation of the vulnerable groups. * Rehabilitation of infrastructure and public buildings. * Restoration of affected enterprises and replacement of jobs of the surplus labor of those enterprises. * Scheduling of the above. * Conformity of the above with the provisions of the RAP and O.D. 4.30. * Adequacy participation of (and consultation with) the PAPs during implementation. * Staffing, training, work schedule and effectiveness of local Resettlement Offices. Scope of Work: Independent Monitorinsg 8. In addition to intemal monitoring, the IMO will undertake the Independent Monitoring of the resettlement component to observe i) the functioning of the resettlement network including the PRO; and ii) the adjustment of the PAP to their new lifestyles. The IMO will be responsible to conduct evaluation of the implementation process
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