41435-013: Tonle Sap Poverty Reduction and Smallholder

Safeguards Due Diligence Report

Project Number: 41435-013: TSSD- ADF (Loan 3570/8331 and Grant 0542))

July 2020

Cambodia: Tonle Sap Poverty Reduction and Smallholder Development Project - Additional Financing

Rehabilitation of 5.5 km of Bak Ay Canal subproject, Kak commune, Ponhea Kraek district, Tbuong Khmum province (TSSD-AF-TKM-NCB- W/IR013-NCDDS)

Prepared by PIC of NCDD and MAFF for the Tonle Sap Poverty Reduction – Additional Fund for the Asian Development Bank.

This safeguards due diligence report 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. CURRENCY EQUIVALENTS (June 2020) Currency Unit–Cambodian Riel (KHR) 1$=4,115 KHR; KHR=0.000245$

ABBREVIATIONS ADB Asian Development Bank AF Additional Financing AH Affected Household BMC Banteay Meanchey province BTB Battambang province CC Commune Council CDP Commune Development Plan CoI Corridor of Impact DOAENR District Office of Agriculture, Natural Resources and Environment DDR Due Diligence Report DRR Disaster Risk Reduction DSC Design and Supervision Consultants EA Executing Agency EIA Environmental Impact Assessment EIRR Economic Internal Rate of Return EMP Environmental Management Plan FHH Female Headed Household FWUC Farmer Water User Committee KPC Kampong Cham province KPT Kampong Thom province IR Involuntary Resettlement LIG Livelihood Improvement Group LVRR Low Volume Road Standard MAFF Ministry of Agriculture, Forestry and Fisheries MCA Mobile Commune Access NCDDS National Committee for Sub-national Democratic Development Secretariat O&M Operation and Maintenance PDOWRAM Provincial Department of Water Resources & Meteorology RF Resettlement Framework RoW Right of Way PST Provincial Support Team PVG Prey Veng province SPS Safeguard Policy Statement SRP Siem Reap province SSP Special Service Provider SSS Social Safeguard Specialist TKM Tbuong Khmum province TSSD Tonle Sap Poverty Reduction and Smallholder Development Project WUG Water User Group WEIGHTS AND MEASURES

ha – hectare km – kilometer kW – kilowatt kWh – kilowatt-hour m – meter m2 – square meter m3 – cubic meter mm – millimeter NOTE In this report, "$" refers to US dollars. CURRENCY EQUIVALENTS (June 2020) Currency Unit–Cambodian Riel (KHR) 1$=4,150 KHR; KHR=0.000245$ ABBREVIATIONS ADB Asian Development Bank AF Additional Financing AH Affected Household BMC Banteay Meanchey province BTB Battambang province CC Commune Council CDP Commune Development Plan CoI Corridor of Impact DOAENR District Office of Agriculture, Natural Resources and Environment DDR Due Diligence Report DRR Disaster Risk Reduction DSC Design and Supervision Consultants EA Executing Agency EIA Environmental Impact Assessment EIRR Economic Internal Rate of Return EMP Environmental Management Plan FHH Female Headed Household ESME External Safeguards Monitoring Entity FWUC Farmer Water User Committee GRC Grievance Redress Committee IR Involuntary Resettlement KPC Kampong Cham province KPT Kampong Thom province LIG Livelihood Improvement Group LVRR Low Volume Road Standard MAFF Ministry of Agriculture, Forestry and Fisheries MCA Mobile Commune Access NCDDS National Committee for Sub-national Democratic Development Secretariat O&M Operation and Maintenance PDOWRAM Provincial Department of Water Resources & Meteorology RF Resettlement Framework RoW Right of Way PST Provincial Support Team PVG Prey Veng province SPS Safeguard Policy Statement SRP Siem Reap province SSP Special Service Provider SSS Social Safeguard Specialist TKM Tbuong Khmum province TSSD Tonle Sap Poverty Reduction and Smallholder Development Project WUG Water User Group WEIGHTS AND MEASURES ha – hectare km – kilometer kW – kilowatt kWh – kilowatt-hour m – meter m2 – square meter m3 – cubic meter mm – millimeter NOTE In this report, "$" refers to US dollars. TABLE OF CONTENTS

GLOSSARY ...... 1 1. INTRODUCTION ...... 3 1.1 Report objective ...... 3 2. PROJECT BACKGROUND ...... 3 2.1 Project description ...... 3 2.2 Selection criteria for subprojects ...... 4 3. SUBPROJECT DESCRIPTION ...... 4 3.1 Proposed subproject ...... 4 3.2 Screening of subproject based on selection criteria ...... 5 4. SUBPROJECT DESIGN AND LAND REQUIREMENT ...... 8 5. SITE SCREENING PROCESS AND PROCEDURES ...... 9 5.1 Social safeguard screening and assessment ...... 9 5.2 Compensation and allowances for Affected Households ...... 9 5.3 Socio-economic information on Affected Households ...... 10 5.4 Vulnerable households ...... 10 5.5 Indigenous People ...... 11 5.6 Subproject cut-off date ...... 11 6. INFORMATION DISCLOSURE AND PUBLIC CONSULTATIONS ...... 15 7. LEGAL FRAMEWORK ...... 16 7.1 Cambodia Laws and Regulations ...... 16 7.2 ADB Policies on Involuntary Resettlement ...... 16 8. GRIEVANCE REDRESS MECHANISM ...... 17 9. VALIDATION BY EXTERNAL SAFEGUARD MONITORING ENTITY ...... 17 10. CONCLUSIONS AND RECOMMENDATIONS ...... 18 10.1 Summary of conclusions ...... 18 10.2 Recommendations ...... 19

Annex 1: Summary of Socio-economic data Annex 2: Detailed Engineering Design Annex 3: Land Acquisition, Resettlement Impact and Screening Checklist Annex 4: Certification of official Right of Way of canal Annex 5: Summary of minutes of public consultations Annex 6: Description of Cambodian laws, regulations and ADB requirements Annex 7: Details of Grievance Redress Mechanism Annex 8: Project Information Booklet

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

GLOSSARY Beneficiary – all persons and households from the villages who voluntarily seek to avail themselves of, and are part of, the project. Compensation – payment in cash or in kind at the replacement cost of the acquired assets for the project. Cut-off Date – the cut-off date is defined as the date prior to which the occupation or use of the project areas makes residents/users eligible to be categorized as project affected persons. The cut-off date for this Project will be the date of conducting public consultation for each subproject that requires land acquisition with the project-affected persons before conducting inventory of loss (IOL) or the detailed measurement survey (DMS). Displaced persons – refers to all of the people who, on account of the activities listed above, would have their (1) standard of living adversely affected; or (2) right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed temporarily or permanently; (3) access to productive assets adversely affected, temporarily or permanently; or (4) business, occupation, work or place of residence or habitat adversely affected; and “displaced person” means any of the displaced persons. Eligible land holders – refers to affected persons who (a) hold title to land; or (b) do not hold title but whose possession of land can be legalized with a title pursuant to the Land Law of Cambodia including those with recognizable rights. Entitlement – range of measures comprising compensation, income restoration support, transfer assistance, income substitution, and relocation support which are due to affected people, depending on the nature of their losses, to restore their economic and social base. The entitlements adopted for TSSD-AF were guided by the applicable national laws, regulations, and ADB SPS. The entitlements may be further revised based on actual status of impact, if applicable, in an updated version of the resettlement framework. Household – means all persons living and eating together as a single social unit. Income restoration – means re-establishing income sources and livelihoods of project-affected households to at least maintain to their pre-project level. Improvements – structures constructed (dwelling unit, fence, waiting sheds, pigpens, utilities, community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization. Land acquisition – the process whereby a person involuntarily loses ownership, use of, or access to, land as a result of the project. Land acquisition can lead to a range of associated impacts, including loss of residence or other fixed assets (fences, wells, tombs, or other structures or Project Executive Agencies – MAFF and NCDDS. Project Affected Persons (PAPs) – includes any person, households, entity, organizations, firms or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected, (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, plantations, grazing, and/organizing land), water resources, fish ponds, communal fishing grounds, annual or perennial crops and trees, 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, permanently or temporarily, with or without displacement. Rehabilitation – refers to assistance provided to persons seriously affected due to the loss of productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life. Compensation for assets often is not sufficient to achieve full rehabilitation. Replacement cost – is the method of valuation of assets, which determines the amount of compensation sufficient to replace lost assets, including any necessary transaction costs. Compensation at replacement cost is defined as follows: For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-

1 TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures to meet the replacement cost standard. Such additional assistance is distinct from resettlement measures to be provided under other clauses in the ADB SPS 2009. Resettlement – means that all measures should be taken to mitigate any and all adverse impacts of a project on PAP property and/or livelihood’s, including compensation, relocation (where relevant) and rehabilitation as needed. Vulnerable groups - are distinct groups of people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) elderly households with no means of support and landlessness, and (v) indigenous peoples. The vulnerability of each household will depend on the impact and their socio- economic statuses that will be assessed as the result of detail baseline socio-economic survey during the detail measurement survey or inventory of lose assets. Cambodia uses an absolute poverty line definition. In 2013, the Ministry of Planning (MOP) introduced new poverty lines. The revisions to the poverty lines include (a) a food poverty line based on 2,200 calories per person per day (up from 2,100); and (b) a non-food component that is estimated separately for Phnom Penh, other urban, and rural areas. Ministry of Planning (2013) identified those who earned less than KHR132,386 per month per person as those living below the poverty line.

2 TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

SOCIAL SAFEGUARD DUE DILIGENCE REPORT for Bak Ay canal rehabilitation subproject, Kak commune, Ponhea Kraek district, Tbuong Khmum province

1. INTRODUCTION 1.1 Report objective 1. The objective of this report is to present the results of the social safeguard due diligence (DDR) for the Bak Ay canal rehabilitation subproject in Kak commune which is located in Ponhea Kraek district of Tbuong Khmum (TKM) province. The report provides a description of the existing canal, an overview of the socioeconomic situation within the subproject area, a description of the consultative processes that were completed within the subproject area, the identification of the affected households, the determination of which of these households are vulnerable, the assessment of the voluntary land donations and describes the Grievance Redress Mechanism (GRM).1 2. PROJECT BACKGROUND 2.1 Project description 2. In 2009, the Asian Development Bank (ADB) approved the Tonle Sap Poverty Reduction and Smallholder Development Project (TSSD), which achieved notable achievements in productive infrastructure and livelihood improvement. The government of Cambodia (the government), ADB and IFAD project teams concluded that successful project activities should be scaled up to broaden the benefits of increased rural incomes and economic development. 3. In January 2018 the Additional Financing (AF) for the TSSD was approved to expand activities on climate-responsive productive infrastructure from 196 communes in five provinces (Banteay Meanchey (BMC), Siem Reap (SRP), Kampong Thom (KPT), Kampong Cham (KPC) and Tboung Khmum (TKM)) to 270 communes in seven provinces, including the two additional provinces of Battambang (BTB), and Prey Veng (PVG) within the Tonle Sap Basin, and in addition to further develop the enabled environment for agricultural productivity, diversification and climate resilience with a strong emphasis on value chain strengthening. The inclusion of women, smallholder farmers and poor households remains a priority. 4. The TSSD-AF changes the original project scope by expanding the project area from five to seven provinces and enhances the climate and disaster resilience of the interventions within the target provinces. The number of beneficiary households increases from 430,000 to 650,000. The aggregate impact will be improved livelihoods in the target communes and climate resilience in seven provinces in the Tonle Sap Basin improved. The aggregate outcome will be agricultural productivity increased, climate and disaster resilience strengthened, and access to markets improved in 270 communes in seven provinces in the Tonle Sap Basin. 5. The TSSD-AF consists of main three outputs. Output 1: focuses on enhancing rural productive infrastructures and livelihood improvement with capacity in disaster risk management (such as rural roads and small scale irrigation rehabilitation, supporting new and old Livelihood Improvement Groups (LIGs) and DRR training and planning for commune councils). Output 2: focusses on enhancing environment for increased agricultural productivity diversification and climate resilience (such as value chain support and market linkages; information and communication technology and commune mobile access program). Output 3: strengthens project management.

1 See Annex 2 for summary of definition of terms.

3 TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

2.2 Selection criteria for subprojects 6. Under TSSD-AF all subprojects are designed to mitigate the impact for climate change and promote local economic development. All subprojects must be screened on the basis of nine primary criteria followed by two additional criteria one for road subprojects and one for irrigation subprojects. All subprojects must be fully compliant with all of these primary criteria.2 3. SUBPROJECT DESCRIPTION 3.1 Proposed subproject 7. The subproject will rehabilitate the existing Bak Ay canal in Kak commune with a length of 5,500m together with some canal structures. The canal was originally constructed in about 1977. After rehabilitation the secondary canal will have enough water for agriculture and two raised canal banks will be used for local transportation for agriculture purposes. At present only about 60 to 70 percent of the canal can supply water for irrigation during rainy season and there is insufficient water to meet the farmers demand since most sections of the canal are shallow, filled by mud and have no water during the dry season. As a result, the residents have voiced their complaints to commune authorities to rehabilitate the canal. About 30 to 40 percent of the canal length is in satisfactory condition and this section is elevated about 0.70 to 1.0m (during the rainy season) from the level of the surrounding land.3 The whole of the canal length requires rehabilitation with a base-width ranging from 15.57 to 20.32 meter depending on the sections of the canal. Figure 1: Photos of existing canal condition

Source: SSP6 field survey (2019)

Figure 2: Satellite image of subproject location

2 TSSD-AF Project Administration Manual TSSD-AF Project Administration Manual Appendix 3: Subproject selection criteria and recommend-dations for improved design standards for rural roads and irrigation incorporating climate change resilience and disaster risk reduction measures. 3 This information was confirmed by the Commune Chief, Mr. Tieb Lun and the Village Chiefs, Mr. Bun Khoeun, Mr. Neuv Chorn, Mr. Oun Phonn. Mr. Yem Run and Mr. Tieb Bich. See Annex 1 for summary of socio-economic status of the village through discussion with commune authorities and AHs

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

Figure 3: Map of subproject location

3.2 Screening of subproject based on selection criteria 8. This subproject was identified as one of the priority selected subprojects for implementation in 2019. It has been screened and selected by the application of the scoring system for sub-projects selection criteria. This subproject was identified as one of the priority subprojects in TKM province and was approved by the Provincial Support Team (PST) for the preparation of the detailed design. 9. The SSP6 engineering team together with Social Safeguard Specialist (SSS) visited the site on 12 June 2019 and conducted the site screening and conducted a public consultation meetings. The demarcation of the subproject based on the technical drawing designs were marked out and the number of affected households from the subproject were identified (see Table 4). 10. The technical designs were explained to local authorities and the subproject beneficiaries including an explanation of the length, width and height of the proposed canal. The participants in the consultation signified that they clearly understood and noted that there was a need for some additional land within the official RoW based on the technical design. Therefore, this subproject is in compliance with the ADB SPS 2009 and the Project Resettlement Framework (RF).4

4 https://www.adb.org/projects/documents/cam-41435-054-rf

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

Table 1: Priority screening criteria Primary criteria Response No overlap: There is no overlap of activities between There are no other projects funded by ADB, a. subprojects financed by ADB, IFAD or other development ✓ IFAD or other development partners in this partners commune. Initial studies and feasibility studies: Economic viability, Feasibility studies have been conducted to climate resilience and disaster risk reduction measures, and determine the economic viability, as well to b. ✓ any resettlement, indigenous peoples and environmental identify climate resilience and DRR impacts have been studied. measures, of the subproject. Community support (as evidenced by the fact that the subproject is): Subproject will support government (i) In conformity with government policy strategy. ✓ decentralization policy by empowering the commune to manage the implementation. c. (ii) Identified in the CDP ✓ - (iii) The CCs will have a plan to contribute to O&M; CCs CCs have committed to support an O&M must prepare, discuss *& agree a plan with the DSCs and ✓ plan for the rehabilitated sections of the NCDDS in writing during the site visit and prior to final canal. selection. Scale: Maximum size for any single subproject $200,000 equivalent including VAT and contingencies (i) For slightly larger projects ($200,00 to $240,000) the AF n.a. - will match any additional funding from commune sources.

(ii) The AF will consider projects that require cooperation of more than one commune. In this case the subproject can go n.a. - up to the amount of combined sections of the different d. communes.

(iii) Commune has submitted more than one subproject for n.a. - funding up to a maximum of $250,000 per commune.

(iv) The AF will not finance individual subprojects that are too complex or too large that they cannot be finished within 2 n.a. - years.

Economics: Subproject has an EIRR value of 12% based Subproject has an Economic Internal Rate of e. on an economic analysis conducted as per ADB’s Guidelines ✓ Return (EIRR) of 25.5% which reduced to on the Economic Analysis of projects. 16.5% under sensitivity analysis. Some additional land is needed since the base width of the canal is wider than the Resettlement: Subprojects does not involve land acquisition existing base-width but this is within the f. that affects more than 5%-10% of livelihood of any affected ✓ canal RoW and the villagers have agreed to person and is not a Category A subproject. voluntary donate their land. There is no involuntary resettlement (IR) and the subprojects I in Category C for IR. Indigenous peoples/ethnic minorities: Subprojects is not g. ✓ No IP communities in the area. Category A. h. Environment: Subproject is not Category A. ✓ Environmental Category C A total of 969 households will benefit from Gender: All subprojects must have at least 40% female i. ✓ the subproject. Population within the target beneficiaries. villages is 51% female. Water will be sourced from Kak main canal Water: Sufficient water is guaranteed for dry season j. - connecting from Kak irrigation scheme which cropping in four years out of five. has reliable water supply all year round. Roads: Subproject will ensure connectivity and the budget is k. - n.a. sufficient to connect to a community center or another road.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

Table 2: Prioritization screening criteria Prioritization criteria Response The villages of Kanhchae, Bos Ti, Ponley, Poverty: Subproject will benefit the poorest 25% of villages Trapeang Stieng and Tuek Yong have a. ✓ in the commune and will benefit LIGs that have been formed. higher recorded levels of ID Poor (up to 25%). Reducing disaster risk: Subproject will improve road that is subject to regular flooding and provide improved access for Canal rehabilitation will be constructed and b. ✓ villages affected by flooding or canal that provides water elevated to reduce the risk of inundation. during the dry season. Land/soils (suitability for rice/non-rice) and topography: Subproject located in area where soils are suitable for c. n.a. - proposed cropping with minimal levelling, vegetation clearing, etc. Rehabilitated canal will facilitate easier access water all year round for agriculture Production and market access: Subproject will encourage purpose from the five villages of Kanhchae, d. increased crop production and will improve access to ✓ Bos Ti, Ponley, Trapeang Stieng and Tuek markets. Yong and the canal banks can be used for transportation of agriculture products.

Rehabilitation: Subproject is focused on rehabilitation of There is an existing canal although this is no e. ✓ existing facilities/assets. functioning.

Some additional land is needed since the base width of the canal is wider than the existing base-width but this is within the Resettlement: Subproject does not require any f. ✓ canal RoW and the villagers have agreed to resettlement. voluntary donate their land. There is no involuntary resettlement (IR) and the subprojects I in Category C for IR. Rehabilitated canal will benefit farmers by enabling year round water for their g. Multipurpose: Subproject has multiple purposes. ✓ agriculture production and improved access for local transportation. The canal rehabilitation is included in the Community participation and support: Subproject has CDP and the community have a strong h. support for the community for O&M and the scale is suitable ✓ interest in ensuring that the canal is well for communities to manage effectively. maintained under the guidance of MOWRAM There have been three Livelihood Improvement Groups (LIGs) formed in Trapeang Stieng, Bos Ti and Kamchae Infrastructure status: Subproject brings direct benefits to villages in 2014 with total of 84 members i. many LIG members through improved roads and market ✓ including 47 women and nine FHHs and with facilities. 60 ID Poor households. The other two villages, Tuek Young and Ponley are not target villages.

Environmental Impact: Subproject has few negative j. ✓ Subproject is Category C. environmental impacts.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

4. SUBPROJECT DESIGN AND LAND REQUIREMENT 11. The existing canal with its length of 5,500 meter together with 15 irrigation structures has a base-width of 12.0 to 17.0 meters and the rehabilitated secondary canal will have an increased base-width of 15.6 to 20.3 meters including raised banks along the canal and depending on the height of the banks and the surrounding land level.4 There will be a need for some additional land because of the widening of the canal, but this lies within the Right of Way (RoW). The official Right of Way (RoW) for the road is 24.0 meters5 and the proposed canal widening lies entirely within RoW. The Corridor of Impact (CoI) extends for an additional land 1.0 meter on each side of the canal including other land for temporary use during the construction for movement of materials and equipment and the villagers agreed during the public consultation meetings for the contractor to use these small areas of land temporarily within the CoI. The depth of the canal ranges from 2.0 to 2.5 meters depending on the surrounding land, while the height of two raised canal banks is about 0.70 to 1.0m and it is divided into several sections (see Table 3). Figure 4: Typical cross section of proposed canal rehabilitation

Source: SSP6 DSC team

5 See Annex 4 for the certification of the official RoW of the canal issued by the cadastral office in TKM province.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

5. SITE SCREENING PROCESS AND PROCEDURES 5.1 Social safeguard screening and assessment 12. Additional land area is required for the canal widening since it lies beyond the existing canal base-width. However, there is no impact on residential land. Based upon the screening and assessment together with public consultation meetings, there will be a requirement for the land to be voluntarily donated by the 129 Affected Households (AHs) who have land along the proposed canal. The AHs have consented to donate the land for the canal rehabilitation and to the temporary use of land within the CoI if needed during the construction of the subproject. If any impact is unavoidable within this additional land area during the construction period, the contractor will need to reinstate the area to the previous condition and quality. The length of the canal is divided into several sections as indicated in Table 3.6 Table 3: Existing canal and proposed canal width for upgrading

Other land for Base-width of Additional land required for canal widening Width of official temporary use during canal (m) Commune PK Number ROW Length (m) Total Outside ROW construction (m) Width Area Width Area Width Area Existing Proposed (m) (m2) (m) (m2) (m) (m2) 0+000~0+200 20015 18.63.6718.00.00.02.0400.0 0+200~0+300 10013 16.73.7369.00.00.02.0200.0 0+300~0+400 10015 18.23.2319.00.00.02.0200.0 0+400~0+700 30013 16.63.61,077.00.00.02.0600.0 0+700~0+900 20014 17.93.9778.00.00.02.0400.0 0+900~1+200 30013 16.43.41,017.00.00.02.0600.0 1+200~1+400 20012 15.93.9778.00.00.02.0400.0 1+400~1+800 40013 16.83.81,516.00.00.02.0800.0 1+800~1+900 10014 17.23.2319.00.00.02.0200.0 1+900~2+000 10013 16.73.7369.00.00.02.0200.0 2+000~2+300 24.0 30014 17.43.41,017.00.00.02.0600.0 2+300~3+100 80013 16.93.93,112.00.00.02.01,600.0 Kak 3+100~3+300 20014 17.93.9778.00.00.02.0400.0 3+300~3+400 10015 18.13.1309.00.00.02.0200.0 3+400~3+500 10017 20.33.3329.00.00.02.0200.0 3+500~3+900 40014 17.73.71,476.00.00.02.0800.0 3+900~4+000 10015 18.73.7367.00.00.02.0200.0 4+000~4+600 60012 15.63.62,148.00.00.02.01,200.0 4+600~4+700 10014 17.73.7368.00.00.02.0200.0 4+700~5+200 50015 18.93.91,940.00.00.02.01,000.0 5+200~5+500 30014 17.73.71,104.00.00.02.0600.0 Total length (m) 5,500.0 Additional land area required for canal widening (m2) 20,208.0 Total land requirement Additional land area required for canal widening outside of ROW (m2) 0.0 Other land area for temporary use during construction (m2) 11,000.0 Source : IOL data updated by Design and Supervision Consultants team during site screening 13. All participants in the screening and public consultations (see Section 6) and stated that they are also willing to contribute some labor if they do not lose any property due to the proposed subproject. Due to the result of social screening and assessment, it can be seen that the subproject falls into category C for social safeguard and also for IPs because there are no IPs living in the subproject. Therefore, it is complying with the ADB SPS 2009 and the TSSD-AF Resettlement Framework (RF).7 5.2 Compensation and allowances for Affected Households 14. To achieve compliance with the TSSD-AF the following provisions are made for compensation allowances to be paid to any AHs that are impacted by the subproject: - Vulnerable households are identified as those that are categorized as ID Poor 1 and/or whose monthly income per person is below the official poverty line of KHR 132,386 per month. The monthly income per person is calculated from the total monthly household income compared to the number of people who reside permanently within that household. Any households below

6 See Annex 4 for the land acquisition, resettlement impact and screening checklist and Annex 5 for AHs and voluntary land donations (where required). 7 https://www.adb.org/projects/documents/cam-41435-054-rf

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

the official poverty line are entitled to receive an additional allowance of two months of this level of income calculated on the basis of the number of members of the household. - For land donated by any AH that is outside of the official RoW of the canal there will be compensation paid based on an official land valuation provided by the commune council and this payment is not dependent on that AH having an official land title. - For land donated by any AH that is inside the RoW of the canal there will be allowances provided for loss of crop production based on an assumed yield of 3 tons per hectare of paddy and an average selling price of paddy (based on the socio-economic data for the impacted villages) for one crop season. - Allowances are provided for the loss of trees by any AH and the value of the loss is estimated in the Certificate of Land/Asset Transfer form that is signed by the household head. - Allowances are provided for the loss of fencing by any AH and the value of the loss is based on a value of KHR10,000 per meter of fence line. 15. In the case of this subproject there are 129 AHs that will voluntarily donate their affected agricultural land within the RoW of the canal. There are no vulnerable AHs identified amongst the 129 AHs. The AHs are entitled to additional support from the project including membership of LIGs and other capacity building training. There will be no trees, fences, and any other structures lost as a result of the sub-project (see Table 4). 5.3 Socio-economic information on Affected Households 16. There are 1,049 households in the five villages benefitting from the subproject and a total population of 3,908 and about 21 vulnerable households but none of these are amongst the 129 AHs. The educational standard is high and only six percent of households are reported as illiterate. The main occupation is farming followed by employment as laborers, raising livestock, government officers and operating small shops retailing groceries as the secondary sources of income. The farmers grow mainly rice and other cash crops. The total land area is 1,788 hectares of which 82 percent is irrigated land. About 60 percent of the households report having a toilet and over 80 percent have access to safe water. Around 80 percent of the households are in the medium/better-off income category and the proportion in ID Poor 1 and 2 are seven and 15 percent respectively. 17. Based on Table 4, 129 AHs are impacted by the subproject and their main income source is farming, followed by the employment as laborers and operating small business such as grocery stores. Their average monthly household income ranges from a minimum of KHR 332,000 to a maximum of KHR 5,976,000 and in terms of the monthly income per capita most households are in the range of KHR 166,000 to 1,600,000 and none of the them are under the official poverty level of KHR132,386 per month.8 All the AHs are using land for agricultural production on both sides of the canal and the size of the land being used ranges from 1,620 to 63,000 sq. meters but most are in the range of 3,000 to 8,000 sq. meters. The areas of land that will be affected range from 36 to 580 square meters but generally in the range of 80 to 150 sq. meters. The average land size that is impacted by the canal widening ranges from 0.5 to 4.9 percent as a proportion of the total land being used by the AHs along the canal and this is less than the 10 percent limit defined in the TSSD-AF RF and the subproject will not have any adverse impact on the AHs livelihoods. Furthermore, all of the AHs expect to be able to produce two crops of rice per year with higher yield and their income from the rice farming will increase. 5.4 Vulnerable households 18. There are five AHs that are categorized as ID Poor but their average monthly income per capita ranges from KHR 166,000 to 220,000 which is in excess of the official poverty level. There are ten AHs that are Female Headed Households (FHHs) but their average monthly

8 The Ministry of Planning recalculated the official Poverty Line in 2013 and revised the monthly income per capita to KHR 132,386 for other urban areas and KHR 106,560 for rural areas. http://www.mop.gov.kh/DocumentKH/New%20Poverty%20Line-FINAL%20APR%202013.pdf

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject income per capita ranges from KHR 332,000 to 415,000 which is also higher than the official poverty level. There are three AHs where the household head is reported to be disabled but their average monthly per capita income ranges from KHR 290,000 to 415,000. None of these 18 AHs can be categorized as vulnerable and consequently there is no impact on any vulnerable households from the requirement for land acquisition. 5.5 Indigenous People 19. During the field visits and the public consultations, it was confirmed by the local authorities and consulted people that there are no IPs living within the subproject area and this subproject will not cause any impact on IP. 5.6 Subproject cut-off date 20. During the site screening and assessment conducted as a part of the public consultations with the local authorities and the villagers, the participants agreed on the setting a cut-off date. They agreed that from the date of the 2nd public consultation (10th September 2019) until such time as construction commenced the local authorities will ensure that the villagers do not engage in any new production activities within the CoI and no fruit trees will be cut. All villagers consented to this during the consultation meeting.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

Table 4: Inventory of Loss for Affected Households

Affected Assets identified Payments to AHs (KHR) No. of household Total monthly income Total land area (m2) Occupation members (KHR) Total affected land area 2 Affected Allowances FHH ID Poor Disability along canal (m ) Land area No. AH Rep. Sex Age Length of land Compensation for (Y/N) (Y/N) (Y/N) outside of No. of fences (%) land outside of For Per Per Land along ROW trees Crop Total Working Other land Residence Agriculture (m) ROW vulnerable Trees Fences Total Primary Other household person canal (m2) production households

Vulnerable Housholds None ------0.0% ------Other Affected Households 1 Khay Khim M 38 No No No 4 2 800,000 200,000 4,386 20,700 - 92.0 --- 2.1% 22,632 - - 22,632 Farmer Worker 2 You Khay M 45 No No No 3 2 4,200,000 1,400,000 5,459 24,700 - 159.0 --- 2.9% 39,114 - - 39,114 Farmer 3 Suos Hun M 40 No No No 5 4 1,440,000 288,000 6,747 33,254 - 196.5 --- 2.9% 48,339 - - 48,339 Farmer Animal raising 4 Heng Srean M 56 No No No 3 2 1,596,000 532,000 5,150 29,850 - 150.0 --- 2.9% 36,900 - - 36,900 Farmer 5 Chea Sophal M 35 No No No 3 2 1,200,000 400,000 14,523 30,477 - 423.0 --- 2.9% 104,058 - - 104,058 Farmer 6 Eang Rotha M 50 No No No 4 2 1,000,000 250,000 5,768 19,232 - 168.0 --- 2.9% 41,328 - - 41,328 Farmer Worker 7 Prak Lim M 57 No No No 3 3 1,280,000 426,667 5,406 29,594 106.0 --- 2.0% 26,076 - - 26,076 Farmer 8 Chuon Thy M 48 No No No 4 2 1,600,000 400,000 8,209 21,791 - 160.8 --- 2.0% 39,557 - - 39,557 Farmer 9 Phat Sokha M 41 No No No 5 3 1,800,000 360,000 6,772 34,458 - 332.2 --- 4.9% 81,721 - - 81,721 Farmer 10 Sin Narin M 47 No No No 3 2 1,200,000 400,000 8,874 20,426 - 174.0 --- 2.0% 42,804 - - 42,804 Farmer Worker 11 Hin Ruon M 53 No No No 4 3 1,760,000 440,000 8,842 23,158 - 172.4 --- 1.9% 42,410 - - 42,410 Farmer 12 Sean Lean M 55 No No No 3 2 1,200,000 400,000 1,938 28,062 - 88.0 --- 4.5% 21,648 - - 21,648 Farmer 13 Dul Phally M 46 No No No 3 2 2,000,000 666,667 1,737 24,078 - 72.0 --- 4.1% 17,712 - - 17,712 Farmer 14 Hul Sovann M 40 No No yes 3 1 1,800,000 600,000 5,969 44,031 - 244.0 --- 4.1% 60,024 - - 60,024 Farmer Animal raising 15 Neuv Chorn M 34 No No No 3 2 1,596,000 532,000 4,567 30,433 - 67.0 --- 1.5% 16,482 - - 16,482 Farmer 16 Hang Noeun M 54 No No No 4 3 1,200,000 300,000 8,446 16,554 - 246.0 --- 2.9% 60,516 - - 60,516 Farmer Animal raising 17 Hy Choeun M 46 No No No 4 2 1,800,000 450,000 5,651 38,349 - 181.0 --- 3.2% 44,526 - - 44,526 Farmer 18 Phin Thea M 50 No No No 4 2 3,840,000 960,000 15,174 14,826 - 174.3 --- 1.1% 42,878 - - 42,878 Seller 19 Khun Ven M 40 No No No 3 2 840,000 280,000 7,013 18,287 - 62.8 --- 0.9% 15,449 - - 15,449 Farmer Seller 20 Bun Khorn M 35 No No No 5 3 1,800,000 360,000 15,087 19,913 - 86.8 --- 0.6% 21,353 - - 21,353 Farmer 21 Noch Chanthoeun M 37 No No No 3 2 1,440,000 480,000 9,087 15,913 - 87.0 --- 1.0% 21,402 - - 21,402 Farmer Seller 22 Chhay Sarath M 38 No Yes No 4 2 560,000 140,000 13,101 17,209 - 101.0 --- 0.8% 24,846 - - 24,846 Farmer 23 Sokh Roeun M 38 No No No 4 2 1,200,000 300,000 12,117 22,883 - 117.0 --- 1.0% 28,782 - - 28,782 Farmer 24 Chhoeun Khuoch M 43 No No No 3 2 1,040,000 346,667 6,159 21,841 - 159.0 --- 2.6% 39,114 - - 39,114 Farmer 25 Phin Thou M 45 No No No 4 2 3,600,000 900,000 8,088 21,912 - 87.6 --- 1.1% 21,550 - - 21,550 Seller 26 Heng Kimhorn M 42 No No No 5 3 5,400,000 1,080,000 48,001 9,400 - 450.5 --- 0.9% 110,823 - - 110,823 讶ជវករី Worker 27 Por Kun M 52 No No No 3 2 1,280,000 426,667 62,052 1,648 - 52.0 --- 0.1% 12,792 - - 12,792 Farmer 28 Hun Rorn M 49 No No No 4 2 1,200,000 300,000 63,161 1,839 - 161.0 --- 0.3% 39,606 - - 39,606 Farmer 29 Hou Rattanak M 53 No No No 3 2 1,200,000 400,000 7,036 17,964 - 36.0 --- 0.5% 8,856 - - 8,856 Farmer 30 Duong Yonn M 55 No No No 2 1 800,000 400,000 25,064 9,936 - 64.0 --- 0.3% 15,744 - - 15,744 Farmer Gov't 31 Sun Kann M 45 No No No 3 2 1,280,000 426,667 6,153 27,847 - 153.0 --- 2.5% 37,638 - - 37,638 Farmer 32 Sun Koeun M 44 No No No 3 2 3,480,000 1,160,000 20,658 9,343 - 157.5 --- 0.8% 38,745 - - 38,745 Farmer 33 Sorn Soben M 51 No No No 2 1 1,120,000 560,000 10,796 14,404 - 147.0 --- 1.4% 36,162 - - 36,162 Farmer 34 Kong Yin M 49 No No No 2 1 1,040,000 520,000 5,070 4,300 - 226.0 --- 4.5% 55,596 - - 55,596 Farmer 35 Yer Heat F 40 Yes No No 4 2 5,760,000 1,440,000 5,815 20,185 - 225.0 --- 3.9% 55,350 - - 55,350 Seller Gov't 36 Sim Larng M 35 No No No 3 2 1,440,000 480,000 2,970 31,230 - 145.0 --- 4.9% 35,670 - - 35,670 Farmer 37 By Sou M 59 No No No 5 3 1,920,000 384,000 3,290 16,710 - 150.0 --- 4.6% 36,900 - - 36,900 Farmer 38 Phorn Pum F 49 Yes No No 3 2 3,600,000 1,200,000 2,720 29,980 - 122.0 --- 4.5% 30,012 - - 30,012 殶ជζរ 39 Phouk Roum M 39 No No No 3 2 1,040,000 346,667 4,690 20,310 - 190.0 --- 4.1% 46,740 - - 46,740 Farmer 40 Chorn Nen M 30 No No No 4 2 3,840,000 960,000 3,200 17,300 - 64.0 --- 2.0% 15,744 - - 15,744 Teacher 41 Mao Mom M 35 No No No 4 2 3,120,000 780,000 7,200 15,800 - 96.0 --- 1.3% 23,616 - - 23,616 Chicken Worker 42 Khin Ren M 45 No No No 4 3 3,840,000 960,000 2,808 45,192 - 108.0 --- 3.8% 26,568 - - 26,568 Farmer 43 Muong Touch M 60 No No No 5 3 1,440,000 288,000 2,392 28,908 - 92.0 --- 3.8% 22,632 - - 22,632 Farmer 44 Triem Moun M 40 No No No 3 2 1,560,000 520,000 5,520 25,780 - 72.0 --- 1.3% 17,712 - - 17,712 Farmer 45 Lean Samith M 49 No No No 4 2 2,560,000 640,000 1,442 24,758 - 42.0 --- 2.9% 10,332 - - 10,332 Farmer Animal raising 46 Yann Muoy M 40 No No No 3 2 1,200,000 400,000 1,664 34,336 - 84.0 --- 5.0% 20,664 - - 20,664 Farmer 47 Yorng Chea F 50 Yes No No 3 2 4,800,000 1,600,000 3,456 26,544 - 156.0 --- 4.5% 38,376 - - 38,376 Farmer 48 Soth Ven M 40 No No No 3 2 4,680,000 1,560,000 2,754 28,446 - 124.0 --- 4.5% 30,504 - - 30,504 殶ជζរ 49 Sen Ney F 35 Yes No No 3 2 1,520,000 506,667 3,680 41,320 - 68.0 --- 1.8% 16,728 - - 16,728 Farmer 50 Youb Nhor M 31 No No No 4 3 1,800,000 450,000 7,040 31,960 - 324.0 --- 4.6% 79,704 - - 79,704 Farmer Worker 51 La Pha M 38 No No No 3 2 1,280,000 426,667 1,612 45,388 - 52.0 --- 3.2% 12,792 - - 12,792 Farmer 52 Nharn Horn M 40 No No No 4 2 1,200,000 300,000 6,498 22,502 - 268.0 --- 4.1% 65,928 - - 65,928 Seller 53 Phin Orn M 36 No No No 3 2 1,440,000 480,000 1,920 24,080 - 91.0 --- 4.7% 22,386 - - 22,386 Farmer 54 Born Kroeun M 55 No No No 4 3 1,920,000 480,000 3,672 26,328 - 72.0 --- 2.0% 17,712 - - 17,712 Farmer 55 Tha Kong M 50 No No No 5 3 6,240,000 1,248,000 2,332 37,668 - 112.0 --- 4.8% 27,552 - - 27,552 Farmer Gov't 56 Chea Mao M 30 No No No 2 1 1,040,000 520,000 7,590 27,410 - 99.0 --- 1.3% 24,354 - - 24,354 Farmer 57 Sann Lim M 45 No No No 3 1 1,440,000 480,000 3,680 26,320 - 48.0 --- 1.3% 11,808 - - 11,808 Farmer Worker 58 Kong Kea M 60 No No No 4 2 2,280,000 570,000 3,680 26,320 - 48.0 --- 1.3% 11,808 - - 11,808 Farmer 59 Soung Pheap M 55 No No No 3 2 1,040,000 346,667 3,700 44,300 - 174.0 --- 4.7% 42,804 - - 42,804 Farmer 60 Aeng Phea M 58 No No No 2 2 1,200,000 600,000 2,510 52,490 - 51.0 --- 2.0% 12,546 - - 12,546 Farmer

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

Table 4: Inventory of Loss for Affected Households (cont.,)

61 Ra Yek M 35 No No No 3 2 1,680,000 560,000 6,690 13,110 - 90.0 --- 1.3% 22,140 - - 22,140 Farmer Animal raising 62 Yonn Sarorng M 30 No yes No 4 3 640,000 160,000 5,398 44,602 - 258.0 --- 4.8% 63,468 - - 63,468 Farmer 63 Orn Seab F 43 yes No No 3 2 1,440,000 480,000 3,776 14,224 - 76.0 --- 2.0% 18,696 - - 18,696 Farmer 64 Chhorng Youm M 31 No No No 4 2 1,200,000 300,000 7,194 28,806 - 160.0 --- 2.2% 39,360 - - 39,360 Farmer 65 Roeung Nim M 55 No No No 3 2 3,840,000 1,280,000 2,420 22,580 - 120.0 --- 5.0% 29,520 - - 29,520 Farmer 66 Song Eth M 60 No No No 5 3 1,440,000 288,000 3,818 26,682 - 158.0 --- 4.1% 38,868 - - 38,868 Farmer 67 Yann Pheap M 40 No No No 4 2 3,840,000 960,000 2,756 19,244 - 106.0 --- 3.8% 26,076 - - 26,076 Farmer Animal raising 68 Mey Leak M 56 No No No 3 2 800,000 266,667 3,161 12,839 - 153.0 --- 4.8% 37,638 - - 37,638 Farmer 69 An Thorn F 56 Yes No No 5 3 1,600,000 320,000 5,425 18,575 - 265.0 --- 4.9% 65,190 - - 65,190 Farmer 70 Kroeum Paung M 57 No No No 3 2 876,000 292,000 3,802 27,198 - 172.0 --- 4.5% 42,312 - - 42,312 Farmer Worker 71 Lonn Ny M 39 No No No 4 2 1,320,000 330,000 4,505 19,495 - 175.0 --- 3.9% 43,050 - - 43,050 Farmer 72 Chhorng Yum M 39 No No No 3 2 1,356,000 452,000 5,120 33,880 - 120.0 --- 2.3% 29,520 - - 29,520 Farmer 73 Muth Roum M 40 No No No 3 2 3,840,000 1,280,000 1,118 18,882 - 51.0 --- 4.6% 12,546 - - 12,546 Farmer 74 Nern Norn M 41 No No No 4 2 5,120,000 1,280,000 1,118 18,882 - 48.0 --- 4.3% 11,808 - - 11,808 Farmer Animal raising 75 Chhorn Yoeun M 49 No No No 3 2 1,200,000 400,000 3,978 40,022 - 78.0 --- 2.0% 19,188 - - 19,188 Farmer 76 Lay Kha M 56 No No No 5 3 2,160,000 432,000 8,875 17,625 - 75.0 --- 0.8% 18,450 - - 18,450 Farmer 77 Sam Hoeun M 56 No No No 3 2 1,280,000 426,667 5,118 53,882 - 198.0 --- 3.9% 48,708 - - 48,708 Farmer Seller 78 Khonn Chrem M 30 No No No 2 1 800,000 400,000 4,161 20,839 - 201.0 --- 4.8% 49,446 - - 49,446 Farmer 79 Thun Eang M 55 No No No 4 2 1,800,000 450,000 2,784 19,216 - 134.0 --- 4.8% 32,964 - - 32,964 Farmer 80 Yuth Leng M 60 No No No 3 2 4,440,000 1,480,000 4,860 41,140 - 240.0 --- 4.9% 59,040 - - 59,040 Farmer 81 Keth Sokh M 49 No No No 3 2 1,800,000 600,000 1,861 24,139 - 81.0 --- 4.4% 19,926 - - 19,926 Farmer Seller 82 Pech Ji M 57 No Yes No 2 1 320,000 160,000 2,288 7,712 - 101.0 --- 4.4% 24,846 - - 24,846 Farmer 83 Yen kok M 35 No No Yes 5 3 1,200,000 240,000 2,536 22,464 - 36.0 --- 1.4% 8,856 - - 8,856 Farmer 84 Peng Phoeun M 56 No No No 3 1 996,000 332,000 6,066 13,934 - 66.0 --- 1.1% 16,236 - - 16,236 Farmer 85 Young Tha M 50 No No No 4 2 3,000,000 750,000 25,120 19,880 - 580.0 --- 2.3% 142,680 - - 142,680 Seller Worker 86 Sory Vanny M 31 No No No 3 2 1,200,000 400,000 5,072 11,928 - 201.0 --- 4.0% 49,446 - - 49,446 Farmer 87 Doeun Marth M 48 No No No 3 2 1,200,000 400,000 5,072 15,000 - 72.0 --- 1.4% 17,712 - - 17,712 Farmer 88 Tev Nhoeun F 56 Yes No No 4 2 2,000,000 500,000 6,784 24,916 - 314.0 --- 4.6% 77,244 - - 77,244 Farmer 89 Norng Sarin M 60 No No No 3 2 800,000 266,667 5,141 29,959 - 141.0 --- 2.7% 34,686 - - 34,686 Farmer Animal raising 90 Sim Horn M 32 No No No 4 2 1,600,000 400,000 1,623 19,377 - 123.0 --- 7.6% 30,258 - - 30,258 Farmer 91 Sark Seak M 45 No No No 5 2 1,600,000 320,000 3,838 36,162 - 138.0 --- 3.6% 33,948 - - 33,948 Farmer 92 Seing Born M 47 No No No 3 2 1,200,000 400,000 3,820 27,180 - 120.0 --- 3.1% 29,520 - - 29,520 Farmer 93 Sot Nas M 40 No No yes 4 2 1,200,000 300,000 2,075 22,925 - 75.0 --- 3.6% 18,450 - - 18,450 Farmer 94 Sorn Yoeun M 54 No No yes 4 2 1,200,000 300,000 4,644 20,356 - 182.0 --- 3.9% 44,772 - - 44,772 Farmer Worker 95 Vuth Larng M 41 No No No 3 2 720,000 240,000 2,530 18,670 - 30.0 --- 1.2% 7,380 - - 7,380 Farmer 96 Nark Sothun M 30 No No No 3 2 1,200,000 400,000 3,572 21,428 - 72.0 --- 2.0% 17,712 - - 17,712 Farmer 97 Soeun Soy M 50 No No No 3 1 1,596,000 532,000 4,593 19,707 - 183.0 --- 4.0% 45,018 - - 45,018 Farmer 98 Trann Tharoeun M 35 No No No 3 2 1,200,000 400,000 6,884 9,556 - 244.0 --- 3.5% 60,024 - - 60,024 Farmer 99 Neuv Nann M 39 No No No 2 2 1,600,000 800,000 3,099 18,401 - 99.0 --- 3.2% 24,354 - - 24,354 Farmer Worker 100 Neuv Moth M 56 No No No 3 2 1,200,000 400,000 4,623 17,077 - 123.0 --- 2.7% 30,258 - - 30,258 Farmer 101 Pech Pheap M 55 No No Yes 3 1 1,596,000 532,000 4,902 31,098 - 197.0 --- 4.0% 48,462 - - 48,462 Farmer 102 Pha Minea F 20 Yes No Yes 3 2 1,200,000 400,000 3,650 21,350 - 150.0 --- 4.1% 36,900 - - 36,900 Farmer Animal raising 103 Kheng Phat M 48 No No No 3 2 1,596,000 532,000 6,999 33,250 - 320.0 --- 4.6% 78,720 - - 78,720 Farmer 104 Chhouk Sothuon M 51 No No No 3 2 3,600,000 1,200,000 2,980 13,650 - 150.0 --- 5.0% 36,900 - - 36,900 Farmer 105 Pha Mom M 30 No No No 3 1 800,000 266,667 3,250 13,250 - 150.0 --- 4.6% 36,900 - - 36,900 Farmer Worker 106 Sann Roht M 31 No No No 3 2 800,000 266,667 3,655 20,345 - 155.0 --- 4.2% 38,130 - - 38,130 Farmer 107 Oruk Dern M 38 No yes No 4 3 640,000 160,000 4,735 8,365 - 235.0 --- 5.0% 57,810 - - 57,810 Farmer 108 Seam Kheat M 33 No No No 4 2 2,000,000 500,000 5,804 20,196 - 275.0 --- 4.7% 67,650 - - 67,650 Seller 109 Young Tha M 50 No No No 4 3 3,000,000 750,000 5,455 43,145 - 255.0 --- 4.7% 62,730 - - 62,730 Seller Animal raising 110 Sem Ang M 44 No No Yes 5 3 3,600,000 720,000 8,613 27,387 - 413.0 --- 4.8% 101,598 - - 101,598 Farmer 111 Aum Soeung F 43 No yes No 3 2 480,000 160,000 5,055 8,445 - 155.0 --- 3.1% 38,130 - - 38,130 Farmer 112 Rorng Sokh M 45 No No No 3 2 3,000,000 1,000,000 5,415 14,585 - 215.0 --- 4.0% 52,890 - - 52,890 Farmer 113 Sauphoan Saren M 34 No No No 3 2 2,160,000 720,000 7,315 24,885 360.0 --- 4.9% 88,560 - - 88,560 Teacher 114 Khim Naroun M 23 No No No 3 2 1,596,000 532,000 4,595 15,405 - 95.0 --- 2.1% 23,370 - - 23,370 Farmer Seller 115 Soy Samath M 50 No No No 3 2 1,200,000 400,000 5,140 24,860 - 140.0 --- 2.7% 34,440 - - 34,440 Farmer 116 Sarb Samonn M 48 No No No 2 1 1,040,000 520,000 4,942 29,758 - 240.0 --- 4.9% 59,040 - - 59,040 Farmer 117 Ly Eang M 56 No No No 3 2 2,000,000 666,667 5,252 26,948 - 251.0 --- 4.8% 61,746 - - 61,746 Farmer Animal raising 118 By Orern M 32 No Yes No 4 2 640,000 160,000 5,140 8,860 - 252.0 --- 4.9% 61,992 - - 61,992 Farmer 119 Ra Seng M 49 No No No 3 2 1,200,000 400,000 3,100 26,900 - 100.0 --- 3.2% 24,600 - - 24,600 Farmer 120 Prak Hen M 33 No No No 3 2 800,000 266,667 4,980 19,020 - 220.0 --- 4.4% 54,120 - - 54,120 Farmer Worker 121 Reth Sengyann M 56 No No No 3 2 2,000,000 666,667 4,904 32,396 - 204.0 --- 4.2% 50,184 - - 50,184 Farmer 122 Kim leang F 43 Yes No Yes 3 2 1,200,000 400,000 4,868 39,132 - 223.0 --- 4.6% 54,858 - - 54,858 Farmer 123 Yoth Chanthy M 30 No No No 3 2 1,596,000 532,000 4,936 21,864 - 216.0 --- 4.4% 53,136 - - 53,136 Farmer 124 Rany Seang Orn M 38 No No No 4 2 4,200,000 1,050,000 7,248 30,952 - 312.0 --- 4.3% 76,752 - - 76,752 Seller 125 Suong Aum M 40 No No No 3 2 840,000 280,000 5,638 19,362 - 230.0 --- 4.1% 56,580 - - 56,580 Farmer Worker 126 Yean Thu M 31 No No No 3 2 1,200,000 400,000 2,542 12,458 - 42.0 --- 1.7% 10,332 - - 10,332 Farmer 127 Chy Neyhoeun F 36 Yes No No 2 1 640,000 320,000 5,564 19,436 - 264.0 --- 4.7% 64,944 - - 64,944 Farmer 128 Kheng Touch M 48 No No No 3 1 840,000 280,000 1,448 33,552 - 48.0 --- 3.3% 11,808 - - 11,808 Farmer 129 Khoun Pheab M 45 No No Yes 3 2 840,000 280,000 2,451 17,549 - 51.0 --- 2.1% 12,546 - - 12,546 Farmer - - - Total 11 - 10 6 9 - 867,988 3,061,073 - 20,208 - - - - 4,971,266 - - 4,971,266

Notes: 1 Valuation of lost crop prodution calculated on assumption of paddy yield of 3 tons/hectare and selling price of KHR 820 per kg, which equates to KHR 246 per square meter 2 Valuation of trees lost is stated in the Certificate of Land/Asset Transfer forms (see Annex 5). 3 Valuation of fencing lost is based upon KHR 10,000 per meter of fence line.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

6. INFORMATION DISCLOSURE AND PUBLIC CONSULTATIONS 21. The PST together with SSP6 team conducted public consultations on 12th June and 10th September 2019 with local authorities and beneficiaries in the subproject villages and at Kak commune office. They used the public consultations to: (i) engage with the local farmers to discuss the subproject including the technical explanation on the proposed canal rehabilitation subproject; (ii) meet the beneficiaries’ project-related requests; (iii) ensure beneficiaries’ inclusion and participation at all stages of the subproject; (iv) include beneficiaries’ requests, opinions and suggestions into the proposed design and implementation of the subproject; (v) get agreement from local authorities and beneficiaries on the need for land acquisition; and (vi) ensure that the proposed subproject would meet communities’ needs for transportation for agriculture and domestic purposes. 22. The methodology for the conduct of consultations and community involvement in the subproject planning process was as follows: (i) Discussion with the local authorities (village and commune authorities) and project beneficiaries to review the technical detailed design and social assessment for the subproject’s site. (ii) Organization of public consultations with project beneficiaries and local authorities to discuss the subproject and get approval from the beneficiaries regarding the construction of the proposed canal rehabilitation subproject and information sharing of the benefits of the proposed subproject to the project beneficiaries. (iii) Discussion of the proposed solution and redress mechanism while the complaints. Therefore, the participants agreed the redress mechanism as indicated in section 8. 23. The local authorities, other community leaders and beneficiaries understood clearly the proposed technical design of the canal rehabilitation which will enable increased agricultural production for household consumption as well as a marketable surplus. Furthermore, the rehabilitation of the canal is in response to the demand of the residents of the villages. They were all aware of the location of proposed canal and all participants agreed that the subproject will provide benefits to them by providing them with better access to water for their farming. 24. During the public consultation the local authorities and beneficiaries visited the site, verified and confirmed that the proposed location for the subproject site was appropriate because is located within the existing RoW and does not have any negative impact on any structures or private assets. Furthermore, the access road is located within public land and all participants in the public consultation agreed that the contractor may use available public land to access the construction site. There was a unanimous agreement to rehabilitate the canal as soon as practicable. The result of public consultation confirmed that there are no IPs living in the subproject villages. 25. The summary of public consultations conducted in subproject villages is presented in the following table.9

9 Details of the consultation minutes and list of participants in shown in Annex 5.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

Table 5: Summary of consultations

No. of Location Total no of No of No Date Target group Aim of the consultation HH (village) participants women beneficiaries Inform local authorities Local and farmers about the 1 12.06.2019 authorities and subproject, present the 38 14 beneficiaries detailed technical design, discuss the Kanhchae benefits of subproject, , Bos Ti, impact on communities Ponley, and obtain their opinions Trapeang and suggestions and Stieng finally the discussion 2 10.09.2019 and Tuek Beneficiaries with farmers who have 111 42 Yong. their land along the subproject together with the redress mechanism for solving any complaints while occurred. 149 56 969 Sources: SSP6 conducted public consultation. 26. The participants at consultations suggested the following: - The upgrading of the proposed cabal rehabilitation subproject should be done before the rainy season starts if possible. - Remaining excavated soil and grass should be stored at the locations agreed with beneficiaries. - The operation and maintenance group should be formed with a clear management committee tasks for canal operation and management. - There should be a regulation that the group members should follow. The regulation should clearly indicate the group’s roles and responsibilities the line with the MRD regulation. - Capacity building should be provided by the above group to enable the group to facilitate daily operation and management. 27. During the construction period the SSP6 team in cooperation with the PST and the commune council will be responsible for monitoring the compliance with all safeguard requirements. 7. LEGAL FRAMEWORK 7.1 Cambodia Laws and Regulations 28. The local laws and regulations pertaining to the application of social safeguards are as follows:10 - Cambodian constitution 1993 - Land Law 2001 - Expropriation Law 2010 - Sub-decree on Social Land Concessions, March 2003 - Sub-decree ANK/BK No 22 - MEF Sub-Decree No. 115 - Circular 02 2007 7.2 ADB Policies on Involuntary Resettlement 29. The objective of the ADB SPS (2009) is to (i) avoid adverse impacts on people and the environment, when possible; (ii) where adverse impacts are unavoidable then the Project will

10 See Annex 6 for full description of Cambodian laws and regulations and ADB requirements.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject minimize, mitigate or compensate the adverse impacts on the environment and the affect people’ and (iii) help the EA to strengthen its safeguard system. 30. The two key policy documents that define these requirements are: - Involuntary Resettlement Policy. - Project Resettlement Framework. 8. GRIEVANCE REDRESS MECHANISM 31. A subproject grievance is defined as an actual or perceived project-related problem that gives ground for complaint by an AH. As a general policy, all of the TSSD-AF subprojects work proactively toward preventing grievances through the implementation of subproject and commune liaison activities that anticipate and address potential issues before they become grievances. Nevertheless, during the construction and operation it is possible that unanticipated impacts may occur. In order to address complaints if or when they arise, a project Grievance Redress Mechanism (GRM) has been developed in accordance with ADB requirements and RGC practices. The GRM is a systematic process for receiving, evaluating and addressing project-related grievances voiced by AHs. 11 32. Any household affected by the canal rehabilitation upgrading subproject will be able to submit a grievance if they believe a subproject activity is having a detrimental impact on their household property, on their quality of life. The GRM will be made public throughout the public consultation process and will be maintained during the operation and maintenance period. 33. Informally, an AH can lodge a complaint directly to the contractor, during the pre- construction and construction period or the affected household can lodge complaint to village and commune authorities. Within the same day, the village and commune authorities will organize the public meeting to resolve the complaints. The contractor will also immediately inform the NCDDs about the complaint. If possible, the contractor will rectify the problem within one day of the complaint. If not, the AH can go to the district level. The PST will screen the complaint within one day of receipt. If the screening reveals the complaint as Project- related and valid, the Contractor will act within three days from confirmation by PST, that the complaint is valid. For at least one week after the confirmation of the grievance, the PST must monitor the effectiveness of the action/resolution taken. After which, PST will secure a written confirmation of satisfaction from the AH. 34. In addition, the membership of the Grievance Redress Committees (GRCs) and the contact telephone numbers of the members will be publicized through a signboard at the subproject site and on the commune notice board. The GRC will be responsible for maintaining a record of all grievances that are received and documenting the response and resolution with the AHs of other stakeholders. A Project Information Booklet has been prepared (in Khmer and English) for distribution to all local stakeholders which describes in detail the GRM procedure.12 9. VALIDATION BY EXTERNAL SAFEGUARD MONITORING ENTITY 35. To achieve compliance with the ADB SPS (2009) and the TSSD-AF RF (2017), the NCDDS has recruited an External Safeguard Monitoring Entity (ESME) to conduct independent monitoring of the safeguard implementation based upon the approved RF during the design, construction and operation of the infrastructure subprojects to ensure that acceptable consultative and grievance reporting mechanisms have been adopted and, in respect of all subprojects that require land acquisition, to verify that (i) the principles of voluntary land/asset donation have been followed; (ii) the AHs who have opted for land donation have not been forced to donate; and (iii) the living standards of those who opted for

11 See Annex 7 for details of the GRM established and the Grievance Redress Committee (GRC) composition. 12 See Annex 98for Project Information Booklet for this subproject.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject donation will not be negatively affected. In addition, the ESME team will check and verify all of the certificates of land/asset transfer forms and confirm that the information is accurately represented in the IOL table included in this DDR (see Table 4). 36. The ESME team will prepare a monitoring report submission plan to NCDDS with the timeline for their required activities including (i) validation of the conduct of acceptable consultative processes during the selection and design of the subproject; (ii) verification of the land and asset donation required for each AH based upon detailed design and confirmed RoW; (iii) validation of all certificates of land/asset transfer forms with the IOL table in the DDR; (iv) schedule of visit for monitoring of compliance with DDR during construction and warranty period; and (v) schedule of follow up visits to verify the efficacy of the GRM. The monitoring and reporting schedule for this subproject is shown below: Table 6: Monitoring and reporting schedule for ESME team Activity Methodology Timing13 Consultation meeting with the local Validation of conduct of acceptable authorities and local residents to assess their consultative processes during Prior to resumption level of participation and empowerment selection and design of the of civil works. during the subproject selection and design subproject. process.

Meeting with local residents to confirm that Validation that no land and asset there is no requirement for land and asset Prior to resumption donation is required based upon the donation based upon the detailed design and of civil works. detailed design and confirmed RoW. taking into account the confirmed RoW.

Monthly field visits to the subproject site to verify that the agreed requirement for no land Monitoring of compliance with DDR During remainder of acquisition has been complied with and there during construction. construction period. has been no adverse impact on the living condition or livelihoods of local residents. Consultation and coordination with all levels of the GRM committees, including the local During remained of authority, to determine the satisfactory construction period Validation of efficacy of the GRM resolution as per process and procedures of and the warranty the approved TSSD-AF RF of any period. grievances from local residents.

37. The ESME team will prepare a semi-annual safeguard monitoring report incorporating all validation requirements including the collection and compilation of all certificate of land/asset transfer forms for submission to ADB for concurrence and disclosure. 10. CONCLUSIONS AND RECOMMENDATIONS 10.1 Summary of conclusions 38. Following the detailed engineering design and the CoI that was agreed to during the public consultations and demarcation, the proposed canal rehabilitation subproject will have some impact to a strip of land used by the 129 AHs that is within the official RoW. The following conclusions have been reached: 39. Based upon the requirements in the TSSD-AF RF the following conclusions can be drawn: a. All AHs have been consulted and have agreed to donate the land voluntarily for the canal widening with a total area of 20,208 square meters. b. No residential or privately owned land is affected by the subproject. c. There are no landless households adversely affected. d. The official RoW of the canal is 24.0 meters which has been certified by the district cadastral office (see Annex 4).

13 Specific dates will be provided in the monitoring timeline submitted by ESME to NCDDS.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject

e. The canal widening will be performed within the canal RoW and some small land areas will be donated by the AHs who are using the land along the canal. In addition, there will be temporary use of one meter of land on each side of the widened canal for the movement of construction materials. f. No farmers will be impacted by the loss of any trees. g. All farmers will benefit directly from the proposed canal rehabilitation. h. There is no ID Poor households. 40. During the field visits and the public consultations, it was confirmed by the local authorities and consulted people that there are no IPs living within the subproject area. Therefore, the subproject is classified as category C for both involuntary resettlement and IPs impact according to ADB’s classification and the approved TSSD-AF RF. 41. The GRM has been established as above described in details and it has been informed to beneficiaries who participated during consultation as well. In addition, PIB which includes GRM information and its steps, was also distributed to local authorities and all participants. GRM logbook has been prepared for complaint registry and response if any potential problems may occur during the construction. 10.2 Recommendations 42. Internal monitoring must be performed regularly during the implementation of the subproject mainly during construction time. The monitoring will be performed by the PST and the SSP6 Site Supervision Engineer and SSS. The progress will be reported in the Quarterly Progress Report and the semi-annual Safeguard Monitoring Reports that are prepared by the PIC team. 43. Measures must be taken to avoid disruption of villager’s daily lives. The villagers must be informed in advance when works at specific locations are planned and whether some services or access will be temporarily affected. 44. If any damage to private properties occurs during the construction period, the assets replacement-based compensation will be paid as per the national laws and regulations and ADB SPS 2009. The contractor must support the GRM process and ensure timely and effective resolution of grievances. 45. The contractor will be responsible to reinstate the land used to access the subproject site to the original condition and supervision consultants will monitor the progress and report through safeguard monitoring reports. The Supervision Engineer must ensure that private land, temporally used for access to the sites, is properly restored and returned to the owner without any unnecessary delays. 46. The PST will closely monitor the construction process and shall ensure that if any impact is caused by contractor during the civil work, this is reinstated by contractor strictly in line with the entitlement matrix provided in the updated TSSD-AF, at the full replacement cost. The PST will update the status of safeguard compliance in the semi-annual safeguard monitoring reports and will include all the relevant supporting documents (i.e. receipt of payments of any compensation made by contractor, full consultations conducted etc.). 47. The PST will ensure that the subproject does not adversely impact any family during the civil works and will require the contractor to provide alternative access to water in case of temporary blockage of canals during construction as needed; and ensure access to rice fields and to the house are provided at all times including as temporary alternative measures in consultation with farmers and households who are living nearby. 48. To comply with the approved TSSD-AF RF (2017), the ESME will submit the monitoring report submission plan for each subproject to NCDDS and ADB. The ESME needs to verify that (i) principles on the voluntary donation are observed; (ii) those opted for donation are not forced to donate; and (iii) living standards of those who opted for donation are not negatively affected. Aside from various topics for the ESME to report, as detailed in the RF,

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject the signed copy of donation vouchers that match with the DDR IOL must be included in the report.

TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 1 Summary of socio-economic data Village(s) No. of No. of Ave HH % non- Demographics Population Male Female vulnerable HH size Khmer HH (%) Tuek Yong 616,0 365.0 251.0 191.0 3.0 1.0 0.0 Ponley 1,268.0 672.0 596.0 296.0 4.0 0.5 0.0 Trapeang Stieng 930.0 688.0 242.0 233.0 4.0 1.5 0.0 Bos Ti 521.0 220.0 301.0 188.0 3.0 1.0 0.0 Kanhchae 573.0 316.0 257.0 141. 4.0 0.5 0.0 Total 3,908.0 2,261.0 1,647.0 1,049.0 0.0 Marital status Couples Widows Widowers Tuek Yong 89.0 7.0 4.0 Ponley 92.0 6.0 2.0

Trapeang Stieng 90.0 7.0 3.0 Bos Ti 94.0 4.5 1.5 Kanhchae 87.0 9.0 4.0 Education Illiterate Literate Primary Secondary High University Tuek Yong 7.0 93.0 45.0 22.0 6.0 4.0 Ponley 6.0 94.0 29.0 19.0 8.0 5.0 Trapeang Stieng 5.0 95.0 23.0 13.0 9.0 3.0 Bos Ti 5.0 95.0 37.0 14.0 8.0 2.0 Kanhchae 6.5 93.5 30.5 21.0 8.0 3.0 Occupation Farming Employees Business Public sector Health Fishing Tuek Yong 90.0 7.5 1.5 0.5 0.0 0.5 Ponley 92.0 6.0 1.0 1.0 0.0 0.0 Trapeang Stieng 81.0 6.0 2.5 0.5 0.0 10.0 Bos Ti 85.0 7.0 3.0 5.0 0.0 0.0 Kanhchae 77.5 16.0 0.0 0.0 0.5 6.0 Domestic Migration % of popn. % of men % of women % of popn. Tuek Yong 12.0 60.0 40.0 4.0 Ponley 11.0 60.0 40.0 1.0 External migration Trapeang Stieng 7.0 50.0 50.0 1.0 Bos Ti 5.0 55.0 45.0 2.0 Kanhchae 11.0 60.0 40.0 8.0 Land classification (ha) Community Land Use (ha) Total area forest Residential Common Irrigated Rainfed Crops area Tuek Yong 380.0 86.0 0.0 294.0 294.0 0.0 0.0 Ponley 370. 29.0 0.0 341.0 341.0 0.0 0.0 Trapeang Stieng 504.0 103.0 0.0 401.0 401.0 0.0 0.0 Bos Ti 313.0 77.0 0.0 236.0 236.0 0.0 0.0 Kanhchae 221.0 25.0 0.0 196.0 196.0 0.0 0.0 Total 1,788.0 320.0 0.0 1,468.0 1,468.0 0.0 Agriculture Farming Framing w/o Production Farm gate price Population No. of HHs activities production (%) pesticide (ton/ha) (riel) Tuek Yong 616,0 191.0 90.0 90.0 3.5 900.0 Ponley 1,268.0 296.0 92.0 92.0 3.0 900.0 Trapeang Stieng 930.0 233.0 81.0 81.0 3.5 800.0 Bos Ti 521.0 188.0 85.0 85.0 3.0 750.0 Kanhchae 573.0 141. 77.5 77.5 3.0 800.0 Total 3,908.0 1,049.0 0.0 Boiled Water/Sanitation (%) Safe water Flush toilet No toilet water Tuek Yong 85.0 12.0 59.0 41.0 Ponley 80.0 15.0 82.0 18.0 Trapeang Stieng 79.0 19.0 61.0 39.0 Bos Ti 69.0 18.0 47.0 53.0 Kanhchae 81.0 15.0 63.0 37.0 Poverty levels (%) Very poor Poor Medium Better off Tuek Yong 10.0 10.0 75.0 5.0 Ponley 8.0 15.0 71.0 6.0

Trapeang Stieng 7.5 10.0 80.0 2.5 Bos Ti 3.5 17.5 69.0 10.0 Kanhchae 6.0 14.0 73.0 7.0

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 2 Detailed Engineering Design

RbGb;s MNaj ;x¢b;f µ kMras ; 300mmdak;BIel IRkNat ; b øg;emIl BIel I k ar B ar c Mer aH/ Rb Gb ;en Hman c MnYn 6d Mu T Mh M 2mx3mx0.3m Rt Uv) aner ob Car ) aMgCab ;KñaEk g nwgc r nþTwkh Ur maRt d æan³ 1 ³ 1 0 0 Gabion mattress scour protection at outlet slab 3No 2mx2mx0.3m mattress with diaphragm at right angles to flow CL

915 g K 1:1.5 1:1.5 X c 1630

1965 x 1500 k FLOW k 3000 8760 2500 ELe. 11.25 8760 FLOW ELe. 11.25

ELe. 12.22 1500

1965 x X c 1:1.5 1630 1:1.5

915 g K

2000 465 1450 5497 250 1400 200 2000 13262

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 2 B Mn uH k a t ; x - x maRtdæan³1³50 1912 x ELe.13.87 CL

ELe.13.465 ELe.12.324 250 ELe.13.225 ELe.13.183 ELe.13.225 1:1.5 665 1:1.5 1024

ELe.12.56 975

WL.12.21 ELe.12.25 1975 1975 1:1.5

1310 l m¥i t k FLOW 1000 1000

ELe.11.25 ELe.11.25 700 300 300 T-B-0140 500 x ebtugLb;EL kMras;50mm 250 RbGb;s MNaj ;x¢b;f µ(300mm gabion mattress) Leveling concrete Rk N at ;k ar Bar c Mer aH s Mrab ;Rk al BIeRk amf µ (non-woven geotextile filter fabric 250 Type M10, t=50mm b ¤Gac Rk al Rk Ysc Mer aHk ¾)an or equivalent gravel filter) 200 200 1461 6000 1400

9510

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 3 Land acquisition, resettlement impact and screening checklist

Probable Involuntary Not Yes No Remarks Resettlement Effects Known Involuntary Acquisition of Land 1. Will there be land - There is a requirement for some land to be  - - acquisition? donated by 129 AHs. - The canal rehabilitation was demarcated 2. Is the site for land  - - during the public consultations and all AHs acquisition known? are aware of the land requirements. 3. Is the ownership status and - The land acquisition is entirely within the current usage of land to be  - - official canal ROW. acquired known? 4. Will easement be utilized within an existing Right of  - - - As above Way (ROW)? 5. Will there be loss of shelter and residential land due to -  - - There will be no impact on residential land. land acquisition? 6. Will there be loss of - There will be some loss of agricultural land agricultural land other through the acquisition but the AHs will  - - productive assets due to receive allowances in respect of the land that land acquisition? is lost. 7. Will there be losses of crops, - There will be no loss of crops due to the trees, and fixed assets due -  - agreements made on the cut off date and to land acquisition? there will be no loss of trees. 8. Will there be loss of businesses or enterprises -  - - There will be impact on businesses. due to land acquisition? 9. Will there be loss of income - There will some minor loss of income from sources and means of -  - crop production through the land acquisition livelihoods due to land but the AHs will receive allowances. acquisition? Involuntary restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, -  - - There will be no impact on natural resources. communal facilities and services? 11. If land use is changed, will it have an adverse impact on social and economic -  - - There will no change to land use. activities? 12. Will access to land and - There will no impact on access to land and resources owned -  - communally or by the state resources owned by community. be restricted? Information on Displaced Persons: There are no displace persons

Any estimate of the likely number of persons that will be displaced by the Project? [ √ ] No [ ] Yes If yes, approximately how many?

Are any of them poor, female-heads of households, or vulnerable to poverty risks? [√ ] No [ ] Yes Are any displaced persons from indigenous or ethnic minority groups? [ √ ] No [ ] Yes

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 3

Subproject Subproject Category Next Steps Eligibility A: 200 or more persons will experience major impacts defined as (i) being physically displaced from housing, or Not Eligible Identify alternative subproject (ii) losing 10% or more of their productive or income generating assets B: Less than 200 persons will experience major impacts defined as (i) being physically displaced from Prepare Resettlement Plan in accordance with Eligible housing, or (ii) losing 10% or more of the RF their productive or income generating assets

C: No involuntary resettlement Eligible None impacts.

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 4 Certification of ROW for canal by Provincial Department of Land Management, Urban Planning and Cadastral

Kingdom of Cambodia Nation-Religion-King Thbuong Khmum province Ponhea Krek District Administration District Office for Land Management, Urbanization, Construction and Cadastral No. 34/2020 LMUCC/PNHK 5 June 2020 CERTIFICATE OF CANAL RIGHT OF WAY Referring to: The NCDDS’ letter no. 224 dated 21 May 2020; the provincial office’s letter no. 275/20 dated 04 June 2020 and the Kak commune council meeting regarding the identification of canal’s Right of Way (RoW), dated 2 June 2020 for the canal subproject where is located in Tuek Yong, Ponley Trapeang Stieng, Bos Ti and Kanhchae villages of Kak commune.

According to the Kak commune council meeting, the meeting has decided to identify the canal’s ROW for Kak canal rehabilitation subproject which has been funded by TSSD-AF in the financial year 2019 and located in Tuek Yong, Ponley Trapeang Stieng, Bos Ti and Kanhchae villages of Kak commune is 24.0 meters.

The district office of land management, urbanization, construction and cadastral wish to certify that the ROW of the canal which identified by commune is acceptable for use. In case of formal land registration occurs later, the district office of land management, urbanization, construction and cadastral will follow the ROW for canal as identified.

District Office for Land Management, Urbanization, Construction and Cadastral Signed and Sealed

Head-Office (Chea Bunna)

Annex 4 - Page 1 TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 5 Minutes of public consultation meetings

Consultation Meetings 1. (local authoritiesand project beneficiaries ) 2. (Project beneficiaries) Date: 12/06/2019 Date: 10/09/2019 No of participants: 38 No of participants: 111 No of women: 14 No. of women: 42 Meeting chairman: Mr Tieb lun , Commune chief Meeting chairman: Mr. Tieb Lun, Commune chief Facilitator: Mr. Leng Nath, PPMA Facilitator: Mr. Leng Nath. PPMA Minute taker: Mr. Hong Sophea, SSP6. Minute taker: Mr. Hong Sophea, SSP6. Content of meetings Understanding and accepting the canal subproject: - The local authorities and project beneficiaries understood clearly the proposed technical design of the proposed canal rehabilitation with its length 5,500 meter together with one irrigation structures and 15.6 to 20.3 m base-width including raising the banks along the canal with height ranging from 0.70 to1.0 meters above the ground level, which will be used for local transportation and retaining the water and the depth of the canal is about 2.0 to 2.5 meters depending on the surrounding land level. However, they all agreed that the subproject will provide benefits to farmers such as water for their rice field for two times per year and such as road to the school, the rice farming and to the market. - All participants agreed to rehabilitate the canal in the proposed technical design and the area where will be stored all construction materials to construct the canal as identified. The accessed road from the area where can be stored construction materials to construction side is identified and agreed by local authorities and project beneficiaries and the areas belong to public land. Impact on individual land: - The local authority and project beneficiaries verified and confirmed that the proposed location for the subproject site is appropriate because it is located in the existing canal (12.0 to 15.0m base width) and then expands about 15.6 to 20.3 m base-width (each site is about 3.1m to 3.9 base width). The canal expansion does require land acquisition on both sides of the existing canal due to the technical design. All households (129 HHs) who have their land along the existing canal officially declare and confirmed that they voluntarily donate their small parcel of land as indicated I the voluntary land donations forms in order to have a good canal and road along the banks in their locality. They expect to have access to reliable water for their rice field and transportation to bring local production to the market. Field validation - The local authorities together with the project beneficiaries visited the subproject site for the proposed canal rehabilitation and they observed that it is located within the existing canal, but it has no negative impact on the environment and homesteads. However, the proposed canal rehabilitation is about 15.6 to 20.3 m base-width. Land acquisition is required on both sides and all affected farmers officially declare and consented to donate their land. They all agreed to rehabilitate the canal in the proposed site. The access road from the areas where they can keep construction materials to rehabilitate the proposed canal is within public land or commune property. Some wastes and grasses need to be cleared before construction. - The participants discussed the proposed solution and redress mechanism while the complaints and agreed to this. - In addition, there was a discussion of the project cut-off date which represents the period from the conduct of the 2nd consultation meeting and the time at which the contractors commenced construction. During this time the villagers consented to only engage in the harvesting of existing crops or cutting trees and they will not commence any new production activities within the COI including the areas of voluntary land donation.

Specific internal regulations for the canal - Based on the discussion during the meeting, the local authorities and project beneficiaries agreed that there should be a regulation that the local authorities should follow. The regulation should also indicate the amount of money or contribution from local authorities, mainly commune authorities for maintenance and repairing the canal and its structure for a long term use. - At the end of the consultation meeting (the same day), the local authorities and project beneficiaries agreed with the identified subproject and they wished to have and use the proposed subproject as soon as possible. Subproject management proposed by beneficiaries - The local authorities should form a management committee to manage the operation and maintenance of the canal based on the guideline of MOWRAM. - Capacity building should be provided by the project team in collaboration with MOWRAM officers to enable the management committee to facility daily operation and management.

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 5 Photos of public consultation meetings

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 5 List of participants 1st Public consultation meeting - 12th June 2019

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TSSD-AF Social Safeguards DDR Bak Ay Canal rehabilitation subproject Annex 6 Legal Framework 1. Cambodia Laws and Regulations The 1993 Constitution of Cambodia has established two governing principles pertaining to land acquisition. Article 44 states that: All persons, individually or collectively, shall have the rights to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land. Legal private ownership shall be protected by law. The rights to confiscate properties from any persons shall be exercised only in the public interest as provided for under the law and shall require fair and just compensation in advance. The 2001 Land Law. The rights to land and property in Cambodia are governed by the 2001 Land Law, which is primarily based on the provisions of the 1993 Constitution. It defines the scope of ownership of immovable properties, such as land, trees and fixed structures. The Land Law, Article 5, states that “No person may be deprived of his ownership, unless it is in the public interest. Any ownership deprivation shall be carried out in accordance with the governing procedures provided by law and regulations, and after the payment of fair and just compensation in advance.” The Expropriation Law 2010 was passed by the National Assembly in 29 December 2009 and afterwards promulgated by the King on 4 February 2010. Relevant provisions include: (i) Article 2 of the law has the following purposes to (a) ensure reasonable and just deprivation of a legal right to ownership of private property; (b) ensure payment of reasonable and just prior compensation; (c) serve the public and national interest; and (d) develop public physical infrastructure. (ii) Article 7: Only the state may carry out an expropriation for use in the public and national interest. Expropriation may only be carried out for the implementation of projects stipulated in Article 5 of this Law. (iii) Article 8: The state shall accept the purchase of part of the real property left over from an expropriation at a reasonable and just price at the request of the owner of and/or the holder of right in the expropriated real property who is unable to live near the expropriated scheme or to build a residence of conduct any business. (iv) Article 16: Prior to making any expropriation project proposal, the expropriation committee shall conduct a public survey by recording of detailed description of all entitlements of the owner and/or of then holder of real right to immovable property and other properties subject to compensation as well as the recording of relevant issues. (v) Article 22: An amount of compensation to be paid to the owner and/or holder of rights in the real property shall be based on the market value of the real property or the alternative value as of the date of the issuance of the Prakas on the expropriation scheme. The market value or the alternative value shall be determined by an independent commission or agent appointed by the expropriation committee. The Sub Decree on Social Land Concession, March 2003 provides for allocations to landless people of state lands for free for residential or family farming purposes, including the provision of replacement land lost in the cases of involuntary resettlement. The Sub-decree No. 25 on providing house ownership, April 1989 recognized private house ownership including land and confirmed in the Land Law 2001 (Article 4). Cambodians are able to register the land they occupy with the local Cadastral Administration Office (CAO), whereupon a Certificate of Land Title is granted. Issuing a land title is a lengthy process and most offices have a major backlog and pending applications. People are given a receipt and until the official title deed is issued, and the receipt is acceptable proof of real occupants of the land for purposes of sale. The present legal status of land use in Cambodia can be classified as follows: (i) Privately owned land with title: The owner has official title to land and both owners and the CAO have a copy of the deed. (ii) Privately owned land without title: The owner has a pending application for land title and is waiting for the issuance of a title deed. The CAO recognizes the owner.

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TSSD-AF Social Safeguards DDR Bak Ay Canal rehabilitation subproject Annex 6 (iii) Land Use Rights Certificate: In this case, a receipt for long-term land use has been issued. This land use right is recognized by CAO. (iv) Lease Land: The government or private owners lease the land, usually for a short period. There is provision for owners to reclaim land if it is needed for development. (v) Non-legal Occupation: The user has no land use rights to state Land that he occupies or uses. The CAO does not recognize the use of this land. Sub Decree ANK/BK No 22 approved on 22 February 2018 on RGC’s Standard Operating Procedures (SOP) for Land Acquisition and Involuntary Resettlement for Externally Financed Projects sets out the policies, regulations and procedures sets out the land acquisition and involuntary resettlement in projects that are financed under Overseas Development. The SOP provides for the use of Development Partners Safeguard Policy and for gap-filling measures where the provisions of the SOP conflict with the Development Partners mandatory safeguard requirements. MEF Sub-Decree No. 115 dated 26 May 2016 on promoting Resettlement Department to General Department of Resettlement (GDR) provides mandate to GDR to lead all resettlement activities including preparation of RP, implementing and internal monitoring of the RP. Circular No. 02 dated in 26 February 2007 stares clearly that (i) illegal occupants of state land has no right to compensation and can be punished in accordance with the land law 2001, and (ii) illegal occupants who are poor, landless and part of vulnerable group can be provided a plot of land. 2. ADB Policies on Involuntary Resettlement The objectives of the ADB Safeguard Policy Statement (June 2009) are (i) to avoid adverse impacts on people and the environment, when possible; (ii) where adverse impacts are unavoidable then the Project will minimize, mitigate, or compensate the adverse project impacts on the environment and the affected people; and (iii) help the EA strengthen its safeguard system. Involuntary Settlement Policy: The objectives are (i) to avoid involuntary resettlement wherever possible; (ii) to minimize involuntary resettlement by exploring project and design alternatives; (iii) to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) to improve the standards of living of the displaced poor and other vulnerable groups. Policy principles include: a. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of affected persons (APs), including a gender analysis, specifically related to resettlement impacts and risks. b. Carryout meaningful consultations with APs, host communities and concerned NGOs. Inform all displaced persons of their entitlements and resettlement options. Pay particular attention to the needs of the of the vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and indigenous peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism. c. Improve, or at least restore, the livelihoods of all APs through: (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (ii) prompt replacement of assets with access to assets of equal or higher value; (iii) prompt compensation at full replacement cost for assets that cannot be restored; and (iv) additional revenues and services through benefit sharing schemes where possible. d. Provide physically and economically APs with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of

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TSSD-AF Social Safeguards DDR Bak Ay Canal rehabilitation subproject Annex 6 project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. e. Improve the standards of living of the affected poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. f. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement. g. Ensure that APs without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. h. Prepare a RP elaborating on APs’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. i. Disclose a draft RP, including documentation of the consultation process in a timely manner, before project appraisal, in an acceptable place and a form and language(s) understandable to APs and other stakeholders. Disclose the final RP and its updates to APs and other stakeholders. j. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of the project’s cost and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. k. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the RP under close supervision throughout the project’s implementation. l. Monitor and assess resettlement outcomes, their impacts on the standards of living of APs, and whether the objectives of the RP have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. Project Resettlement Framework1: Each project shall be screened for land acquisition and resettlement impacts which will be carried out from the beginning of the project design to see whether the project resettlement impacts can be avoid, mitigated, minimized as much as possible. In case where the subproject involves voluntary donation and no other land acquisition and resettlement impacts, the subproject will be classified as Category C for involuntary resettlement. However, the project implementation unit shall prepare a report to ADB to document that: (1) the subproject site was selected in full consultation with legalized or non-legalized affected owners; (2) voluntary donations do not severely affect the living standard of affected people and the amount of farmland or other productive land to be acquired from each affected household does not exceed 10% of the total landholdings of the affected household; (3) voluntary donations are linked directly to benefit the affected household; (4) any voluntary donation will be confirmed through a written record and verified by an independent third party; (5) there is an adequate grievance process; (6) none of the household will be severely affected and will not be displaced; and (7) none of the household is vulnerable.

1 https://www.adb.org/sites/default/files/project-documents/41435/41435-054-rf-en.pdf

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 7 Grievance Redress Mechanism In this case the GRM consists of four grievance resolution levels: (i) Stage 1: AHs will submit a letter of complaint/request to the village or commune resettlement sub-committee or PRSC working group or IRC working groups. The Commune Office will be obliged to provide immediate written confirmation of receiving the complaint. If, after 5 days, the aggrieved AH does not hear from the village or commune or PRSC working group or IRC working group, or if the AH is not satisfied with the decision taken by in the commune office, the complaint may be brought to the district office. (ii) Stage 2: The district office has 10 days within which to resolve the complaint to the satisfaction of all concerned. If the complaints cannot be resolved in this stage, the district office will bring the case to the Provincial Grievance Redress Committee. (iii) Stage 3: The Provincial Grievance Redress Committee meets with the aggrieved party and tries to resolve the complaint. The Committee may ask for a review of the DMS by the external monitoring agency (EMA). Within 15 days of the submission of the grievance, the Committee must make a written decision and submit a copy of the same to IRC and the AH. (iv) The NCCDS investigates the complaint and then invites the AH, PST and contractors together with local authorities to a meeting to attempt to address the complaints within 15 working days. If the complaint cannot be address within that time, the AH can submit the complaint to the judicial level for final resolution and settlement All court fees will be borne by the project. The AH may choose to approach ADB under the Accountability Mechanism.1

Grievance follow up: The relevant PST coordinators may contact the AP at a later stage to ensure that the activities do not trigger any further issues. If the problem persist, it will be treated as a new grievance and re-enter the process.

Grievance Redress Mechanism

Affected Person

Redressed Grievance 1. Village level (within 2 days)

Not redressed 2. District government level Redressed (within 5 days)

Not redressed 3. Provincial government level Redressed (within 15 days)

4a. Appeal to judicial level 4b. Appeal to ADB accountability ADBNot redressed mechanism

1 The ADB Accountability Mechanism provides a forum where people adversely affected by ADB- assisted projects can voice and seek solutions to their problems and report alleged noncompliance of ADB's operational policies and procedures. It consists of two separate but complementary functions: consultation phase and compliance review phase. For more information see: https://www.adb.org/site/accountability- mechanism/main

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 7

Accountability Mechanism In addition, AHs may contact the Complaints Receiving Officer of ADB via the following address which will be included in the subproject signboard: Complaints Receiving Officer, Accountability Mechanism Asian Development Bank No. 29 Suramarit Blvd. (268/19) Sangkat Chaktomuk, Khan Daun Penh, Phnom Penh, Cambodia Tel: + 855 23 215805, 215806, 216417 Fax: + 855 23 215807 Confidentiality and Anonymity An AH submitting a grievance may wish to raise a concern in confidence. If the complainant asks the relevant PST or NCDDS to protect his identity, it should not be disclosed without his/her consent. In cases where AHs do not have the writing skills or are unable to express their grievances verbally, it is a common practice that AHs are allowed to seek assistance from any recognized local NGO or other family members, village heads or community chiefs to have their complaints or grievances written for them. AHs will be allowed to have access to the DMS or contract document to ensure that all the details have been recorded accurately enabling all parties to be treated fairly. Throughout the grievance redress process, the responsible committee will ensure that the concerned AHs are provided with copies of complaints and decisions or resolutions reached. If efforts to resolve disputes using the grievance procedures remain unresolved or unsatisfactory, AHs have the right to directly discuss their concerns or problems with the ADB’s Environment, Natural Resources and Agriculture Division, Southeast Asia Department through the ADB Cambodia Resident Mission. If AHs are still not satisfied with the responses of CARM, they can directly contact the ADB Office of the Special Project Facilitator. The Office of the Special Project Facilitator procedure can precede based on the accountability mechanism in parallel with the project implementation. Grievance Redress Committees No. Name Roles Contact no. Step 1: Village and commune authorities and contractor 1 Mr. Tieb Lun Commune Chief 092 957 071 2 Mr. Bun Phally Deputy Commune Chief 097 6465 168 3 Mr. Svay Sarourn Commune Councilor 097 3269919 4 Mrs. Kruch Yun CCWCA 097 9031 508 5 Mr. Sao Nourn Commune Councilor 071 6097896 6 Mr. Ouk Kosal Commune Councilor 097 3271678 7 Mr. Hul Sarith Commune Clerk 097 7331 064 8 Mr. Bun Yourn Village Chief_Tuek Yong 078 511164 9 Mr.Nov Chorn Village Chief_Ponney 0977042881 10 Mr.Nou Ra Village Chief_Trapeang Sleang 0887747052 11 Mr.Teurb Bich Village Chief_Bus Tey 0979231479 12 Mr.Yeim Run Village Chief_Kanche 092 269807 13 Mr.Sok Bros Contractor, Head of construction company 07 0587167 Step 2: District authorities 1 Mr.Nov Sam Ourn Vice Governor, 097 729 9291 2 Mr. Sun Rorth DST, 097 999 3922 3 Miss. Ton Chanthou DST Agriculture 088 229 5087 Step 3: PST 1 H.E. Cheng Bunnara Deputy Provincial Governor and Chairman 088 882 9666 2 Mr. Mith Phally PST Leader 088 644 6464 3 Mr. Chieng Sarith Deputy Director of Agriculture Department 0979191545 4 Mr. Nuth Pearin Officer for Administration and Finance 097 7768903 Step 4: NCDDs 1 H.E Ny Kimsan Deputy-chief of NCDDs and TSDD project manager 011 970 565

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 7

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 7

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TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 9 KINGDOM OF CAMBODIA Nation Religion King 

កូនស ៀវសៅព័ត៌掶នគសរ掶ង

គ插រោងζត់ប俒ថយ徶ពររីររ 俒ិងអភិវ㏒ឍ俒៍រសិរររ插មខ្នាតតូចតំប俒់ទ插俒េ羶ប

ជ莶俒២ំ TONLE SAP POVERTY REDUCTION AND SMALLHOLDER DEVELOPMENT PROJECT - ADDITIONAL FINANCING (TSSD-AF)

ADB Loan 3570, ADB Grant 0542 and IFAD Loan 8331

អនុគ插រោង៖ ស្ថាប侶ររព័នធររ螶យ插ៅឃុកក់ Sub-Project: Kak canal rehabilitation subproject

រ ុកព➶ϒរកក សេតតតបូងឃ្ម Ponhea Kraek district, Thoung Khmum province

Annex 8 - Page 1 TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 8 A. (PROJECT INFORMATION អពីគសរ掶ង ) An additional financing to the Tonle Sap Poverty ζរ埒ដល់ហរ⟒ញ叒ប䞶ន叒ϒនែមដល់គសរ掶ងζត់叒នែយ徶ពរករក នងអភវ㏒ឍន៍ ិ ី ិ ិ Reduction and Smallholder Development Project is ក ិកម្ខ្នាតតូចត叒ន់ទសនេ羶叒 ជ莶ន២ រតូវ厶នស ីសា ងី រ掶叒់សេតត proposed for seven provinces (Banteay Meanchey, Battambang, Kampong Cham, Kampong Thom, Prey ចនួន ០៧ (叒ន្ទាយ掶នជយ័ 厶ត់ដ叒ង កពង់ាម កពងធ់ 寒រពϒវង ស ៀម Veng, Siem Reap, and Tboung Khmumprovinces) in 殶叒 និងតបូងឃ្ម)កាមងរ叒សទ កមពមᾶ។ ζរ埒តល់ហរ⟒ញ叒ប䞶និ 叒ϒនែមសន߇掶ន Cambodia. The additional financing has three major outputs that will focus on enhance agricultural លទធ埒ល ខ្នន់ៗចនួន叒 ϒដលនងសតតតសលζរ叒សងកន埒លត徶ពក កម្ ក៏ ី ឹ ី ី ិ ិ productivity and improve access to markets in 270 ដូចᾶϒកលមអលទធ徶ពទទួល厶នទី埒ារកាមងឃម ង្កកត់សោលសៅចនួន target communes through investments in climate resilient productive infrastructure, building capacity in ២៧០ ឃម ង្កក ត់㾶មរយៈζរវនិ ិសោគសលីសហដ្ឋារចន្ទ មព័នធជន叒ទរ叒ក叒 disaster risk management of the communities and សដ្ឋយ埒លិត徶ព រ叒ក叒សដ្ឋយ មតែ徶ពរគ叒់រគងសរោ߇មហនត殶យរ叒 ់ commune councils, and creating an enabled environment for agricultural productivity, diversification ហគមន៍ និងរកុមរ叒ឹកាឃម និងζរ叒សងកីននូវ叒រោζិ អសោយ埒ល and climate resilience. រ掶叒់叒សងកីន埒លិត徶ពក ិកម្ ពិពិធកម្ក ិកម្ និង徶ពធន់រ䞶សៅនឹង Under Output 1, the project will invest in commune infrastructure development focusing on improvements 讶ζ 䮶តម។ in irrigation system and road at commune level. So the

ិែតសរζមលទធ埒លទី១ គសរ掶ងនឹងវនិ ិសោគសលីζរអភិវ㏒ឍន៍សហដ្ឋា រចន្ទ subproject of Kak canal Rehabilitation is proposed by commune. មព័នធឃម/ ង្កកត់ សតដតសៅសលីζរសធវី쟒យរ叒ស ីរស ងនូវ羶ែនី 徶ពរ叒螶យ

សរ羶ចរ ព និង埒េូវសៅថ្នាក់ឃម។ ដូសចា߇ អនមគសរ掶ង羶តររ叒螶យសងវ ី ញិ សៅឃមកក់ រតូវ厶នស ីសា ងី សដ្ឋយឃម។ ទ㾶ី ង គសរ掶ង Sub-project location

Annex 8 - Page 2 TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 8 B. (LAND ACQUISITION AND IR) ព័ត៌掶ន ពីដ រី ទពយ មបតϒិត ដល叒 ߇家លស់ ដ្ឋយមនិ រ្័ គចតិ ត What if my land will be affected by the project? សតគសរ掶ងរតវូ គតោ ងដូចសមចត រ叒 នស叒ដរ叒 េ់ រ្ តវូ 叒߇ 家ល?់ ី ិ ិ ី ី ម Acquired privately owned land will be compensated ដីឯកជនϒដល叒 ߇家ល់សដ្ឋយ羶រគសរ掶ងឹងទទួល厶ន ន ណង㾶ម at replacement cost. Land within the existing Right of Way (ROW) will not be compensated. However, អរ㾶តមសារ ចϒណកឯដϒដល ែតសៅកាងដចណរ叒螶យ (ROW) ី ិ ម ី ី based on ADB SPS 2009, those losing use of នឹងមិនទទួល厶ន ណងសទ។ សោង㾶មសោលនសោ厶យកិចចζរ家រ productive (farming) land within the right of Way (ROW) will be entitled to assistance for loss of land មវតែ徶ពរ叒 ់ធន្ទោរអភវ㏒ឍន៍讶 ម ចស家߇អាកϒដល厶ត់叒ង់ ិ ិ ី use of productive land. But farmers can contribute to (ROW) 埒លិតកម្ (ក ិកម្) សៅដីចណី 埒េូវ នឹងទទួល厶នរ厶ក់ the project if that contribution will not affect their livelihood or economic status. ឧ叒តែមភ រ掶叒់ζរមិន厶ន叒នតសរ叒ីរ厶 ់ដី埒លិតកម្សន្ទ߇តសៅសទៀត។ 叒មϒនតរ叒ᾶពលរដា 讶ចសធវីζរ叒រាចកជូនគសរ掶ង厶និ រ叒 ិនស叒ីζរ 叒រាចគសន្ទ߇មិ ិន叒 ߇家ល់ដល់ជីវ徶ពរ ់សៅរ叒 ់េេួន។ ? Does compensation apply to my affected houses o សត ី ណ ងរតវូ 埒លត ជ់ ូនចស 家߇埒߇ា សដមី ស ី នងិ ដោ ϒ ដរឬសទ structures, crops and trees? រ厶កដោ ់ 埒ា߇ ϒដល叒 ߇家ល់សដ្ឋយ羶រគសរ掶ងនឹងរតូវទទួល厶ន Yes. Houses and structures that will be affected by the Project shall be compensated at replacement ណងឧ叒តែមភ 㾶មអរ㾶ត寒មេជនួ សដ្ឋយមិន掶នζរζត់សចញនូវ cost without deduction for depreciation or ត寒មេរ ស ߇ ឬ 掶ភរៈϒដលសៅស ល់ស យ។ី ចស家߇埒ា߇ϒដល叒 ߇ϒត salvageable materials. Partially affected houses will be compensated for the lost affected portion as well ϒ埒ាកោមួយ នឹងទទួល厶ន ណង រ掶叒់ζរ厶ត់叒ងϒ埒ាកសន្ទ߇់ រួម as repair costs. Other structures (e.g. fences, wells, pavement) will also be compensated at replacement នឹង寒លេជួ ជមល។ រចន្ទ មព័នធស埒េងសទៀត (ដូចᾶរ叒ង អណតូ ង កϒនេង cost.

ាក់羶叒/រζលស叒តមង) នឹងទទួល厶ន ណង㾶មអរ㾶ត寒មេជនួ ។ If in case our livelihoods are affected, how can th រ叒 និ ស叒掶ី នζរ叒߇ 家លដ់ លជ់ វី 徶ពរ ស់ ៅ សតគី សរ掶ង讶ចជយួ េម្ Project help me restore my livelihood and living ? ោ ងដូចសមចត កមងា ζរ羶ត រជវី 徶ពស ងី វញិ standards? (DMS) ិតែ ិនិងζរអសងកត玶 ់ϒវងលមអិត នឹងកត់រ㾶 ចស家߇ជនϒដល The census and DMS will take note of the livelihoods of affected persons and any impacts the Project may 叒 ߇家ល់ដល់ជីវ徶ពរ ់សៅ និងζរ叒 ߇家ល់ស埒េងៗសទៀតϒដល讶ចសកីត have. The Project will provide various forms of

សចញពីគសរ掶ង។ គសរ掶ងនឹងជូនζរឧ叒តែមភស埒េងៗ សដីមប쯒យជន叒ី ߇ assistance to enable affected people to restore their livelihoods and living conditions to at least pre-project 家ល់䞶ង螶យ讶ច羶តរជីវ徶ពរ ់សៅស ងវី ញិ ោ ងស莶ចោ ់ levels. 厶នដូចមមនសពលគសរ掶ងសៅដល់។ Vulnerable households (e.g. those classed as poor,

ចស家߇រគួ羶រង្កយរងសរោ߇ (ឧ䞶ហរណ៍៖ ជនϒដលាត់ទមកថ្នរកីរក disabled, etc.), the Project will seek to improve living standards at lease before project start. Such forms of ពិζរ។ល។) គសរ掶ងនឹងេិតេជួយϒកលមអជីវ徶ពរ ់សៅ 쯒យ厶នោ ង assistance will include: (i) one-time assistance ស莶ចោ រត់ ឹមករមិតមមនគសរ掶ងសៅដល់។ ទរមង寒នζរឧ叒តែមភសន߇់ allowance to households losing more than 10% of the productive assets the type and severity of impact; (ii) នឹងរួម掶ន៖ cash assistance to cover transportation costs; (iii) (i) ζរឧ叒តែមភមតងចស家߇រគួ羶រϒដល厶ត់叒ងសរច់ ីនᾶង ១០% 寒នដី cash grant for temporary disruption to business (ii) (iii) income for affected shops/stalls; (iv) potentially other 埒លិតកម្ រ厶ក់ឧ叒តែមភ រ掶叒់ស羶យហ មយដឹកជ⟒ជ ន ូ forms of income restoration measures to be រ厶ក់ រ掶叒់ζររ ខ្នន叒សោត߇讶 នា寒នចណូលមមេរ叒រចស家߇莶ង/ determined during updating of the resettlement plan តូ叒ϒដល叒 ߇家ល់ (iv) ζតនមពលទរមងដ寒ទសទៀត寒នវ់ 䮶នζរ羶តរិ in consultation with those affected; and (v) additional special assistance to vulnerable households.

រ厶ក់ចណូលស ងវី ញិ ϒដលនឹងរតូវកណត់សពលសធវី叒ចចម叒បនា徶ពϒ埒ន ζរសដ្ឋ߇រ羶យ埒ល叒 ߇家ល់ សដ្ឋយ掶នζរពិសរោ߇សោ叒ល់ᾶមួយជន (v) 叒 ߇家ល់ និង 掶នζរឧ叒តែមភ叒ϒនែមចស家߇រគួ羶រង្កយរងសរោ߇។ If I disagree or problems arise during project implementation such as compensation, រ叒 និ ស叒េី ម្ និ យលរ់ ពម ឬ叒ញ្ហា សកតី ស ងី កងា សពលអនមវតគត សរ掶ង ដូច ម ម technical, and other project-related issues, do I

ᾶ ណ ង 叒សចកច សទ នងិ 叒ញ្ហា ន្ទន្ទϒដលសកតី សចញពគី សរ掶ង have the right to voice my complaint? ? If the affected person is not satisfied with the សតេី 掶្ ន ទិ 叒ិធ ងឹត ត玶 ϒដរឬសទ ម compensation package offered or, if for any reason, ស叒ីរ叒ᾶពលរដារង埒ល叒 ߇家ល់掶នមនាិល ឬមិនសពញចិតតចស家߇ក⟒ច叒់ the compensation does not materialize according to the agreed schedule, the affected person has the ណងϒដល埒តល់ជូន ឬក៏សដ្ឋយសហតម埒លោមួយ ណងមិនពិតដូច right to lodge a complaint. The grievance redress

Annex 8 - Page 3 TSSD-AF Social Safeguards DDR Bak Ay canal rehabilitation subproject Annex 8 mechanism consists of a four stages process as ζររពមសរពៀងរ叒ᾶពលរដារង埒ល叒 ߇家ល់掶ន ទធដ្ឋក់叒ណត ងត玶叒នត ិ ិ ឹ follows: យនតζរសដ្ឋ߇រ羶យ叒ណតឹ ងត玶 រតូវដសណ ី រζរᾶ ៤ ដោក់ζលដូចត សៅ៖ First Stage: AHs will present their complaints and grievances verbally or in writing to the village chief, ដោ កζ់ លទ១៖ រគួ羶ររង埒ល叒 ߇家ល់នង叒ង្កាញ叒ណត ងត玶 នង羶 ី ឹ ឹ ិ commune chief or IRC. The receiving agent will ទមកខ សដ្ឋយតាល់掶ត់ ឬᾶ យលកខណ៍ អកេរដល់រ叒䮶នភូមិ សមឃម ឬ be obliged to provide immediate written confirmation TSSD-AF of receiving the complaint. If after 15 days the រកុមζរង្ករគសរ掶ង 寒នសលខ្នធិζរដ្ឋាន គ.ជ.អ.叒 ឬគណៈ aggrieved AH does not hear from the village and កម្ζរអនតររក ួងសដ្ឋ߇រ羶យ埒ល叒 ߇家ល់ (IRC)។ អាកទទួល家កយ commune chiefs or the working groups, or if he/she is not satisfied with the decision taken in the first

叒ណដឹ ង叒ញ្ហជក់ᾶ យលកខណ៍អកេរពីζរទទួលζរត玶សន߇។ សរζយ stage, the complaint may be brought to the District ១៥ 寒លៃមក រគួ羶ររង埒ល叒 ߇家ល់មិន厶នឮដណ ឹ ងពីរ叒䮶នភូមិ ឬសមឃម Support Team (DST). ឬពីរកុមζរង្ករសទ ឬក៏ស叒ីោត់មិនសពញចិតតនឹងζរ សរមចចិតតសទ 叒ណតឹ ង ត玶讶ចរតូវ厶ន叒⟒ជ នសៅរកុមោរទគសរ掶ងថ្នាក់រ ុក (DST)។ ូ Second Stage: The District Support Team has 15 DST ដោ កζ់ លទពី រី ៖ រកមុ ោរ ទគសរ掶ងថ្នា ករ់ កុ ( ) 掶នសពល ១៥ days within which to resolve the complaint to the satisfaction of all concerned. If the complaint cannot 寒លៃ រ掶叒់សដ្ឋ߇រ羶យζរត玶 쟒យ⎶នដល់ζរសពញចិតតរ叒 ់រគ叒់徶គី be solved at this stage, the DST will bring the case to 家ក់ព័នធ។ ស叒ី叒ណតឹ ងត玶 មិន讶ចសដ្ឋ߇រ羶យ厶នសៅដោក់ζលសន߇ the Provincial Grievance Redress Committee. សទ DST នងន្ទយកករណសន߇សៅζរោល័យរ叒ᾶពលរដាសេតត ។ ឹ ី ិ Third Stage: The Provincial Grievance Redress

ដោ កζ់ លទ叒ី ៖ី ζរោល័យរ叒ᾶពលរដាិ សេតត ϒ埒ាកសដ្ឋ߇រ羶យ Committee meets with the aggrieved party and tries to resolve the situation. Within 30 days of the 叒ណត ងត玶 ជួ叒ᾶមួយ徶គត玶 សហយសដ្ឋ߇រ羶យ។ងរយៈសពល កា ៣០ ឹ ី ី ម submission of the grievance, the Committee must 寒លៃ叒ន្ទា叒់ពីដ្ឋក់家កយ叒ណតឹ ងត玶 មក ζរោល័យរ叒ᾶពលរដាិ រតូវសធវីζរ make a written decision and submit copies to the NCDDS, and the AH. សរមចចិតតᾶ យលកខណ៍អកេរ សហយ叒⟒ជី ូ នចា叒់ចមេងសៅសលខ្នធិ ζរដ្ឋានគ.ជ.អ.叒 (NCDD) នងរគួ羶ររង埒ល叒 ߇家ល់។ ិ Final Stage: If the aggrieved AH does not hear from

ដោ កζ់ លចមងសរζយ៖ រ叒 ិនស叒ីរគួ羶ររង埒ល叒 ߇家ល់ϒដលត玶 មិន the Provincial Grievance Redress Committee or is not satisfied, he/she can bring the case to Provincial  厶នឮដណឹ ងអវី ពីζរោល័យរ叒ᾶពលរដាϒ埒ាកសដ្ឋ߇រ羶យ叒ណតិ ឹ ងត玶 Court. This is the final stage for adjudicating សេតត ឬមិនសពញចិតតសទសន្ទ߇ ោត់讶ចន្ទយកករណី សន߇សៅតម ζរសេត្ complaints.

ត។ សន߇គឺᾶដោក់ζលចមង叒⟒ច叒់ រ掶叒់ζរវនិ ិចឆ័យ叒ណតឹ ងត玶 សន߇។

ព័ត掶៌ ន叒ϒនមែ នងិ មតសិ ោ叒ល៖់ . (PST) ១ ស ក មិតត 埒លេី រ叒䮶នរកុមោរទគសរ掶ងថ្នាក់សេតត

羶 សេតតតបូងឃ្ម ទូរ ័ពាសលេ៖ 012 658 539 . ២ ឯកឧតតម នី គឹម羶ន រ叒䮶នរគ叒់រគងគសរ掶ងថ្នាក់ᾶតិ寒នសលខ្នធζិ រដ្ឋា ន គ.ជ.អ.叒 T) ិតកាែ មង叒រសវណរកិ ួងម莶寒埒ា (អោរ ម莶វលិ ីរព߇នស殶តតម ង្កកត់ទសនេ厶羶ក់ េណឌចζរមន 殶ជ䮶នីភាសពញ ទូរ ័ពាសលេ៖ 011 970 565 . (023 4266 82) ៣ គណៈកម្ζរអនតររក ួងសដ្ឋ߇រ羶យ埒ល叒 ߇家ល់សដ្ឋយ羶រគសរ掶ងអភិវ㏒ឍន៍/រក ួងស ដាកិចចនិងហរ⟒ញវតែិ ម . (023) 215 805 ៤ ធន្ទោរអភិវ㏒ឍន៍讶 ម៖ី ភាសពញ

Annex 8 - Page 4