Resettlement Plan

Project Number: 44321-013

August 2019

Cambodia: Climate Resilient, Rice Commercialization Sector Development Program

Prepared by Ministry of Water Resources and Meteorology for the Royal Government of Cambodia and the Asian Development Bank.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. TABLE OF CONTENTS DEFINITION AND TERMS ...... II I. EXECUTIVE SUMMARY ...... 1 A. PROGRAM AND SUBPROJECT DESCRIPTION ...... 1 B. SCOPE OF LAND ACQUISITION AND INVOLUNTARY RESETTLEMENT ...... 1 C. SOCIOECONOMIC INFORMATION AND PROFILE ...... 2 D. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ...... 2 E. GRIEVANCE REDRESS MECHANISM ...... 2 F. LEGAL AND POLICY FRAMEWORK ...... 3 G. ENTITLEMENTS, ASSISTANCE AND BENEFITS AND RELOCATION ...... 3 H. INCOME RESTORATION PROGRAM AND REHABILITATION ...... 4 I. INSTITUTIONAL ARRANGEMENTS ...... 4 J. RESETTLEMENT BUDGET AND RP IMPLEMENTATION SCHEDULE ...... 4 K. MONITORING AND REPORTING ...... 4 II. PROGRAM AND SUBPROJECT DESCRIPTION ...... 6 A. BACKGROUND ...... 6 B. IMPACT AND OUTCOME ...... 6 C. OUTPUTS ...... 6 D. SUBPROJECT DESCRIPTION...... 6 E. PROPOSED IMPROVEMENTS ...... 7 III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 10 A. PERMANENT IMPACTS ...... 10 B. TEMPORARY IMPACTS ...... 13 IV. SOCIO-ECONOMIC INFORMATION AND PROFILE ...... 14 A. SOCIOECONOMIC CHARACTERISTICS OF AH ...... 14 B. VULNERABILITY ...... 16 V. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ...... 17 VI. GRIEVANCE REDRESS MECHANISMS ...... 20 VII. LEGAL FRAMEWORK ...... 22 VIII. ENTITLEMENT, ASSISTANCE AND BENEFITS...... 23 IX. RELOCATION OF HOUSING AND RESETTLEMENT ...... 26 X. INCOME RESTORATION AND REHABILITATION ...... 26 XI. RESETTLEMENT BUDGET AND FINANCING PLAN ...... 27 XII. INSTITUTIONAL ARRANGMENTS AND IMPLEMENTATION ...... 29 A. INSTITUTIONAL ARRANGEMENTS ...... 29 B. PROGRAM IMPLEMENTATION CONSULTANT (PIC) ...... 31 XIII. IMPLEMENTATION SCHEDULE ...... 32 XIV. MONITORING AND REPORTING ...... 33 A. INTERNAL MONITORING ...... 33

LIST OF TABLES Table 1: Implementation Schedule of RP ...... 4 Table 2: Affected Household by Village at Anlong Run Subproject ...... 11 Table 3: Household with Affected Land of Anlong Run Subproject ...... 11 Table 4: Classification of Main Structures ...... 11 Table 5: Affected Main and Secondary Structures at Anlong Run Subproject ...... 11 Table 6: The Affected the Other Structures at Anlong Run Subproject ...... 12 Table 7: Household with Affected Fruit Trees at Anlong Run Subproject ...... 12 Table 8: Summary of Vulnerable AHs ...... 12 Table 9: Severity of Impacts ...... 12 Table 10: Summary of AH Heads ...... 14 Table 11: Summary of Age of Members of AHs ...... 14 Table 12: Summary of Education Levels of the AH Heads ...... 15 Table 13: Summary of Type of Employment ...... 15 Table 14: Average Income Overview of AHs ...... 15 Table 15: Average Annual Expenditure Overview of AHs ...... 15 Table 16: Summary of AHs Living Below Poverty Line ...... 16 Table 17: Summary of Key Questions and Response during FGD ...... 17 Table 18: Summary of Consultation ...... 18 Table 19: Composition of GRC for Battambang Province ...... 20 Table 20: Updated Entitlement Matrix for Anlong Run Subproject ...... 23 Table 21 : Summary of Breakdown of Resettlement Budget ...... 27 Table 22: Composition of IRC-WG of Anlong Run Subproject RP ...... 31 Table 23: Composition of PRSC of Anlong Run Subproject RP ...... 31 Table 24: Members of PRSC-WG of Anlong Run Subproject RP ...... 31 Table 25: Indicative Implementation Schedule ...... 32

LIST OF FIGURES Figure 1: Anlong Run Subproject Location ...... 7 Figure 2 : Anlong Run Subproject Location Plan ...... 8 Figure 3: Anlong Run Subproject Layout Plan ...... 8 Figure 4: Anlong Run Subproject Layout Plan ...... 9 Figure 5: Anlong Run Subproject ROW ...... 10

LIST OF APPENDICES

Appendix 1: Record of conducted Public Consultation Meeting ...... 34 Appendix 2: Legal and Policy Framework of RGC and ADB’s SPS ...... 53 Appendix 3: Resettlement Cost Study Report ...... 58 Appendix 4: Subproject Information Booklet (SIB) ...... 63 Appendix 5: Establishment Committee Decision ...... 79

ACRONYMS

ADB Asian Development Bank AH affected household AP affected person COI corridor of impact DMS detailed measurement survey EA executing agency HH household IRC Inter-ministerial Resettlement Committee IRC-WG Inter-ministerial Resettlement Committee-Working Group LAR Land Acquisition and Involuntary Resettlement MEF Ministry of Economy and Finance MOWRAM Ministry of Water Resources and Meteorology PRSC Provincial Resettlement Sub-Committee PRSC-WG Provincial Resettlement Sub-Committee –Working Group RCS replacement cost study RF resettlement framework RGC Royal Government of Cambodia ROW right-of-way RP resettlement plan SES socio-economic survey SPS Safeguards Policy Statement

WEIGHTS AND MEASURES

km kilometer kg kilogram ha Hectare m2 square-meters

NOTES

(i) The fiscal year (FY) of the Royal Government of Cambodia ends on 31 December. (ii) In this report, "$" refers to US dollars

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DEFINITION AND TERMS1 Affected Household In the case of affected households (AHs), it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project/program or any of its components.

Compensation Payment made in cash or in kind to AHs at replacement cost for assets, resources or income acquired or adversely affected by the project/program.

Corridor of Impact It is the area which is impacted by civil works in the implementation of the project/program and is important in two particular respects: (i) Legally as the area within which AHs will be entitled to compensation and other measures (in general coming under the heading of resettlement) for any loss of land, structures or land use and occupation and of livelihoods. (ii) Operationally as the agreed and demarcated area within which construction activities will take place.

Cut-off Date for This refers to the date prior to which the occupation or use of the project/program Eligibility area makes residents/users of the same eligible to be categorized as AH. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the Inventory of Losses; or (ii) they have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS).

Detailed With the aid of the approved detailed engineering design, this activity involves the Measurement Survey finalization and/or validation of the results of the IOL, severity of impacts, and list of AHs done earlier during the project’s/program’s feasibility studies. The final cost of resettlement for the subproject will be determined following completion of the DMS.

Displaced Person In the context of involuntary settlement, displaced persons are those who are physically displaced (relocation, loss of residential land or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of involuntary acquisition of land, or involuntary restrictions on land use or on access to legally designated parks and protected areas. Further, this refers to any person or persons, who are satisfy the condition of “Cut- off Date for Eligibility”.

Eligibility Eligible include all the AHs (without any discrimination such as household headed by women, disabled elderly, landless and people living below the national poverty line) confirmed to be residing in, doing business, or cultivating land or having right over resources within the sub project affected area or land to be acquired or used for sub project during the conduct of IOL and census of AHs (cut-off date) are eligible for resettlement assistance and compensation for non-land assets at replacement cost as mentioned in entitlement matrix.

Entitlement This refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are provided to AHs, depending on the type and severity of their losses, to restore their economic and social base.

Income Restoration This is the re-establishment of sources of income and livelihood of the AHs. This term is used synonymously with “Rehabilitation.”

Inventory of Losses This is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the project/program corridor of impact (COI) are

1 The definition and terms are same as those from the December 2012 approved Resettlement Framework.

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identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of AHs will be determined.

Involuntary It is the displacement of people from their homes, assets, sources of income and Resettlement employment on account of the project/program undertaken by the Royal Government of Cambodia (RGC) and the private sector. Involuntary resettlement may result in any or a combination of the following: loss of land, abode and other fixed assets, loss of income and/or employment, relocation, separation of family members, disintegration of communities, etc. Unless appropriate and adequate mitigation measures are carried out, involuntary resettlement will result to further hardship and impoverishment among the AHs, especially the marginal sectors of society (see definition of “vulnerable groups”). These adverse social impacts of development projects/programs are often borne by AHs not of their own desire but involuntarily.

Land Acquisition Refers to the process whereby an individual, household, firm or private institution is compelled to alienate all or part of the land s/he/it owns or is in the process of getting the ownership in favor of the government for public purpose in return for compensation at replacement cost.

Rehabilitation This refers to additional support provided to AHs losing 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. In this program/project, this term is synonymous with “Income Restoration”. It means the process to restore income earning capacity, production levels and living standards in a longer term. Rehabilitation measures are provided in the entitlement matrix as an integral part of the entitlements.

Relocation This is the physical displacement of an AH from her/his pre-project/program place of residence and/or business.

Replacement Cost It means the cost of replacing lost assets and incomes, including cost of transactions. The amount calculated before displacement, which is needed to replace an affected asset without deductions of taxes, and costs of transaction.

Replacement Cost This refers to the process involved in determining replacement costs of affected Study assets based on empirical data during the implementation of resettlement plans (RPs).

Resettlement This includes all measures taken to mitigate any and all adverse impacts of the project/program on AH property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed.

Resettlement Plan This is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation which are all aimed at helping AHs re-establish themselves

Resettlement Effects Resettlement Effects mean all negative situations directly caused by the project including loss of land, property, income generation opportunity, and cultural assets as triggered by the subprojects.

Right-Of-Way The right of way (ROW) is a public available and governmental owned strip of land following a centerline (such as for roads, canals, etc.) providing an area of access. The project/program will use the complete area where necessary. In case some of the ROW has been encroached upon by informal occupiers/ formal users (for example people now living, doing business, or cultivating land within the ROW), the project/program intends to adopt a COI within the ROW to avoid adverse land acquisition and resettlement related impacts.

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Significant For thus program, Significant Resettlement Effect for each subproject means 200 Resettlement Effect persons or more will experience major impacts which are defined as: (i) Physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).

Vulnerable Groups These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled household heads with no other means of support, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support, and (v) landless households, (vi) indigenous people or ethnic minorities.

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I. EXECUTIVE SUMMARY

A. Program and Subproject Description

1. The Asian Development Bank (ADB) is supporting the Royal Government of Cambodia (RGC) in transforming it into a “rice basket” and a major milled-rice exporting country by supporting RGC’s Policy on the Promotion of Paddy Production and Rice Exports to pave way with medium and long term measures to ensure sustainability and progress in processing and exporting Cambodian rice. The RGC has obtained three loans and two grants from ADB to fund the Climate Resilient Rice Commercialization Sector Program (Rice-SDP) to develop irrigation systems for rice producing farmers in the provinces of (i) Battambang, (ii) Kampong Thom and (iii) Prey Veng. 2. This resettlement plan (RP) of Anlong Run Irrigation System Subproject (herein called Anlong Run Subproject) is the one of four subprojects in Battambang province. The Anlong Run Subproject mainly involves rehabilitation works in the existing right-of-way (ROW) for a total length of 4,100m of Secondary Canal (SC) of 21m wide at St.0+4100 with 2.4m deep and 18,070m of Tertiary Canal (TC) on the left side of SC for TC1L of 22m wide at St.0+2100 with 3m deep, TC2L & TC3L of 20m wide with 2.5m deep, on right side of SC for TC1R of 16m wide at St.0+1125 with 1.5m deep, for TC2R, TC3R & TC4R of 26m wide with 1.5m deep, located in Thmor Korl District, Battambang province. The SC and TCs involves civil works mainly within existing corridors of impacts (COI) within the ROW of 20m from the center line and site-specific land requirements for irrigation of the Main Canal.1 3. The Detail Design Scope of Works of Anlong Run Subproject comprise: a. Construction of SC 4.100 km length includes laterite pavement both sides and grass sodding inner and outer side slope, b. Construction of TC of 12.28 km includes laterite pavement both sides and grass sodding inner and outer side slope, c. Construction of a head regulator on SC with wet stone masonry protection on Ou Prey Pdao River side slope and rehabilitation of OU Prey Pdao River about 15,000 m3, d. Construction of three (3) Check Structures on SC e. Construction of four (4) Check Structures son TC f. Construction of seventeen (17) Turnouts on SC g. Construction two (of Turnouts on JICA canal, h. Construction of forty-nine (49) Turnouts on TC i. Construction of four (4) Oxcart Bridges on SC j. Construction of twelve (12) Oxcart Bridges on TC k. Construction of six (6) Tail Escapes on TC l. Construction of two (2) Box Culverts with gate m. Construction of two (2) Box Culverts without gate n. Demolition of seventeen (17) existing structures (4 Timber Bridges, 10 Pipe Culverts and 3 Pipe Culverts with gate), o. Repair of existing head regulator by replacing with 2 slice gates and upstream and downstream protection. p. Construction of Four Hundred Forty-Six (446) Piling of Right-of-ways q. Construction of a FWUC Building on Commune Office land. B. Scope of Land Acquisition and Involuntary Resettlement

4. This resettlement plan (RP) for the Anlong Run Subproject is prepared in accordance with the Resettlement Framework of Rice-SDP approved in December 2012, laws and regulations of the RGC and ADB’s Safeguard Policy Statement (SPS) 2009. The Anlong Run Subproject is classified as category B for involuntary resettlement impacts. The detailed engineering design (DED) of the Anlong Run Subproject was completed in December 2016. The detailed measurement survey (DMS) was carried out from April –August 2017, the Replacement Cost Study (RCS) was completed in November 2017, and the socio- economic survey (SES) of all the affected households (AHs) was undertaken from April –August 2017.

1 Sub-Decree No. 98 dated 24 July 2015 on Management of River Basin defines the right-of-way of Main Canal as 10m from the outside edge of the canal.

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According to the results of the DMS, One Hundre Eleven (111) AHs or 479 displaced persons (DPs) will be impacted due to acquisitions of portions of their land and properties/assets in four (4) villages of Prey Pdao (in Ta Kream commune, Bannon District), Kruos, Sophy and Char (in Anlong Rum commune, Thmor Korl District) in Battambang Province. The impacts are summarized as follows:

(i) Loss of Private Land : 5 AHs or 21 DPs lose 5,652.00m2 of private land (ii) Loss of Use of Land : 106 AHs or 458 DPs lose 93,081.052 m2 of Land use of ROW (iii) Loss of Main Structures : 3 AHs lose 65.25m2 of main structure (iv) Loss of Secondary structures : 8 AHs lose 152.75m2 of wooden bridge, 18.48m2 of concrete slab, 29m of concrete pipe and 134m of wooden fence, 2 hand pump wells and a single brick entrance gate. (v) Clearing of Trees : 69 AHs lose 318 fruit and non-fruit trees (vi) Loss of Crops (Rice) : 111 AHs or 479 DPs lose 98,667.80 m2 of rice (vii) Poor and Vulnerable : 02 AH or 12 DPs (Monthly income under RGC’s poverty line) (viii) Major impacts : 01 AH or 02 DPs experience major impacts loss of more than 10% of productive land they use, (In total 1,470.00 m2 of rice land on the ROW) C. Socioeconomic Information and Profile

5. There are Four (4) villages in total from Anlong Run and Ta Kream communes located in Thmor Korl and Bannon Districts. There are 1,040 households comprising of 149 Female Households (FHHs), among of these 437 or 42% of households who are poor. The total population is 4,756 comprising 2,330 or 49% females. About 85% of all households in both communes cultivate rice and 10% are workers.

D. Information Disclosure, Consultation and Participation

6. The disclosure of LAR information consultation and participation of residents in the Anlong Run Subproject area took place during the public consultation conducted through the meeting on 13 January 2017 with the four (4) village residents, who have used the ROW to cultivate in the Anlong Run Subproject area. A total of 15 males and 3 or 20% females participated in this meeting. The low turnout of attendees to the meeting was due to their prior commitment to their works on the day and their low interest as their resettlement impacts were not deemed significant. The attendees to the meeting showed high interest and welcomed the Subproject as irrigation of their rice farms and other crops were of high importance of their socio-economic needs. The date of the consultation was also established as a cut-off date of 13 January 2017 for the subproject and participants have been informed that eligibility for compensation and rehabilitation is limited by this date. The consultation process with the AHs will continue throughout the implementation of the RP and the Rice-SDP.

7. Executive summaries of the RP, the monitoring reports, any corrective action plans will be disclosed in Khmer to the AHs and communities through the commune and village offices. Copies of the RP and monitoring reports will also be shared with the local authorities. The RP and its implementation monitoring reports will be uploaded in the ADB and Ministry of Water Resources and Meteorology and Ministry (MOWRAM) websites. The disclosure will follow ADB's Public Communication Policy, 2011. E. Grievance Redress Mechanism

8. A well-defined grievance redress mechanism (GRM) has been established to address AHs grievances and complaints regarding land acquisition, compensation and resettlement in a timely and satisfactory manner. All AHs have been made fully aware of their rights, and the detailed procedures for filing grievances and an appeal process will be published through an effective public information campaign. The AHs were informed that the GRM consists of three stages as outlined in Section VI of this RP. The grievance redress mechanism and the court procedures have also been explained to the AHs and have been included in the updated subproject information booklet (SIB).

9. AHs grievance will be received and solution for AHs concerns and grievances on land acquisition and the implementation can be facilitated under agreed policy provided in the approved RP. AHs complaints

2 This area includes land under structures constructed on the rice field. The area under structures will be deducted when calculating compensation for crops

Page | 2 can be made verbally or in written form. In the case of verbal complaints, the committee on grievance will be responsible to make a written record during the first meeting with the AHs.

10. One provincial level grievance redress committee (PGRC-Battambang) has been established on 23 May 2016 in Battambang to handle grievances for the Anlong Run Subproject and any other subprojects to be financed under the Rice-SDP following the processes and procedures for the grievance redress mechanism set out in the Resettlement Framework for the Rice-SDP and outlined in detail in Section VI in this RP. The composition of the PGRC-Battambang is provided is in Table 14. The training of the PGRC-Battambang and PRSC-WG on GRM processes, receiving and recording of grievances was provided by GDR. F. Legal and Policy Framework

11. This RP for the Anlong Run Subproject is prepared in accordance with ADB's Safeguard Policy Statement (SPS) 2009 and RGC Laws, including the Constitution, Land Law 2001, the Law on Expropriation 2010 and other relevant laws and decrees. The key resettlement policy principles and entitlements, which are outlined in the Resettlement Framework for the Rice-SDP, will be applicable to this RP for the Anlong Run Subproject. The basic compensation and rehabilitation principles adopted in this RP are: (i) Involuntary resettlement and impacts on land, structures and other fixed assets will be minimized where possible by exploring all alternative options; (ii) Compensation will be based on the principle of replacement cost as per agreed RCS; (iii) All the AHs (without any discrimination such as household headed by women, disabled elderly, landless and people living below the national poverty line) confirmed to be residing in, doing business, or cultivating land or having right over resources within the sub-project affected area or land to be acquired or used for sub-project during the conduct of IOL and census of AHs (prior to the cut-off date) are eligible for resettlement assistance and compensation for non-land assets at replacement cost as mentioned in the entitlement matrix; (iv) Meaningful consultation will be carried out with the AHs, indigenous households, affected communities and concerned groups and ensure participation from planning up to implementation. The comments and suggestions of AHs and communities will be taken into account; (v) The draft, final and any updates on the RP will be disclosed to AHs and indigenous households in a form and language(s) understandable to them prior to submission to ADB; (vi) Resettlement identification, planning and management will ensure that gender concerns are incorporated; (vii) Provide all AHs requiring relocation with needed assistance including the following; assistance and allowances, secure tenure to the relocated land, and better living conditions at resettlement sites; (viii) Special measures will be incorporated in the RP to protect socially and economically vulnerable groups such as indigenous households, households headed by women, children, disabled, the elderly, landless and people living below the generally accepted poverty line; (ix) Existing cultural and religious practices will be respected and, to the maximum extent possible preserved; (x) Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out in various stages of the project; (xi) Adequate resources will be identified and committed during the preparation of the subproject RP which shall include sufficient budgetary support and made available to cover resettlement costs within the agreed implementation period; and (xii) There will be no civil works that shall take place for any segment of the sub-project, until (a) compensation has been fully paid to AHs; (b) agreed rehabilitation measures are in place, and (c) the acquired land is free from all encumbrances. G. Entitlements, Assistance and Benefits and Relocation

12. Eligibility has been determined with regards to the “Cut-off Date” as of 13 January 2017 which was the first date of consultation after the approval of the Rice-SDP. Those who encroached into the Anlong Run Subproject area after the Cut-off Date will not be entitled to compensation or any other assistance. At DMS stage of the Anlong Run Subproject that started in April 2017 and was completed in August 2017 confirmed the 111 AHs or 479 DPs to be eligible and entitled to the compensation and assistance as stated in Table 18 of entitlement matrix of this RP. There isn’t any physical displacement of AH from its existing house and relocated to another site and no relocation assistance will be required.

13. In general, the subproject defines eligibility as “those people residing, cultivating and/or making a living within the area to be acquired for the subproject as of the formally recognized cut-off date should be considered as subproject AHs for the purposes of entitlements to compensation, resettlement and rehabilitation assistance in accordance with the provisions of laws and regulations.” AHs without titles to land or any recognizable legal rights to land and residing in the subproject affected area before cut-off date are eligible for resettlement assistance and compensation for loss of non-land assets. In accordance with this definition for the purpose of this RP subproject AHs would include: a. Persons or AHs whose agricultural, residential, or commercial land is in part or in total affected

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(temporarily or permanently) by the subproject. b. Persons or AHs whose houses and other structures are in part or in total affected (temporarily or permanently) by the subproject. c. Persons or AHs whose businesses or source of income (i.e. employment) are affected (temporarily or permanently) by the subproject. d. Persons or AHs whose crops (annual and perennial) and trees are affected by the subproject. e. Persons or AHs whose other assets are in part or total affected (temporarily or permanently) by the subproject. f. Additional AHs/DPs that will surface in connection with changes in subproject design or alignment prior to or even during subproject construction works are entitled to the same entitlements as those of the other AHs/DPs.

14. Entitlements for each subproject AHs are based on the types and levels of losses. General orientation has been provided by Rice-SDP’s RF. The defined entitlements have been followed and complementary details provided in the subproject entitlement matrix in table 18. H. Income Restoration Program and Rehabilitation

15. There are 111 AHs or 479 DPs who will lose their source of livelihood within the ROW. A total of 02 AHs or 12 DPs are identified as poor and vulnerable and 01 AH or 02 DPs are identified under severity of impact for loss of 10% and more of productive land they use within the ROW. All these AHs are entitled to the compensation, cash assistance and participate in the income restoration program (IRP). However, during the focus group discussions on IRP with the poor and vulnerable AHs and those AHs under the severity of impact, they opted for only the cash grant component of the IRP as their preferred choice and waived undergoing training. I. Institutional Arrangements

16. The Ministry of Economy and Finance is the executing agency (EA) for the Program. The subproject under the Program will be implemented by the Ministry of Water Resources and Meteorology (MOWRAM) as the implementing agency through the Program Management Office (PMO), which will support the EA to undertake the overall oversight and management of the Program (See details in Section XII of this RP).

17. The Department of Resettlement 2 (DR 2) of the General Department of Resettlement (GDR) of the Ministry of Economy and Finance (MEF) is the lead agency responsible for implementing this RP. The monitoring of the implementation of the RP and the functioning of GRM will be carried out by the Department of Internal Monitoring and Data Management (DIMDM) of GDR. At the provincial level, the MOWRAM and DR 2 are assisted by the Resettlement Subcommittee in the provinces and districts through the Provincial Resettlement Sub-Committee Working Groups (PRSC-WGs). J. Resettlement Budget and RP Implementation Schedule

18. The total resettlement cost for the subproject is estimated at US$ 44,642.77, which includes cost items for compensation for private land, use of land, crops and trees, in addition to other entitlements and allowances of the AHs; management cost for the implementation of the RP; and contingency. The MEF will be responsible for ensuring the availability of funds for RP implementation. The implementation schedule of the RP is in Table 1.

Table 1: Implementation Schedule of RP Resettlement Activities Schedule Detailed Measurement Survey (start and complete) April – August 2017 RCS November 2017 Revised RP Preparation and resubmitted to IRC May 2019 Approval of Revised RP (both IRC and ADB) August 2019 Disclose approved RP on ADB website August 2019 Approval of Budget August 2019 Signing of Contracts for Compensation August-October 2019 Disbursement of Compensation to the AHs From September 2019 Handover of Land to MOWRAM December 2019 Submission of internal monitoring report January 2020

K. Monitoring and Reporting

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19. The DIMDM of GDR will be responsible for carrying out internal monitoring which will (i) review the monthly progress reports provided by the relevant Resettlement Department, including fielding its own missions to verify the progress and the validity of the data and information, where necessary; and (ii) compile semi-annual monitoring reports for submission to ADB for review and posting on the ADB website. External monitoring is not required as the involuntary resettlement impacts are not deemed significant.

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II. PROGRAM AND SUBPROJECT DESCRIPTION

A. Background 20. The Asian Development Bank (ADB) is supporting the Royal Government of Cambodia (RGC) in transforming it into a “rice basket” and a major milled-rice exporting country by supporting RGC’s Policy on the Promotion of Paddy Production and Rice Exports to pave way with medium and long term measures to ensure sustainability and progress in processing and exporting Cambodian rice. The RGC has obtained two loans and a grant from ADB to fund the Climate Resilient Rice Commercialization Sector Program (Rice-SDP) to develop irrigation systems for rice producing farmers in the provinces of (i) Battambang, (ii) Kampong Thom and (iii) Prey Veng. The Rice-SDP investment program is designed to be implemented through subprojects using a sector modality approach. Under this approach each subproject will be screened as to their resettlement impact under the guidance of the approved Resettlement Framework approved in December 2012. Each subproject will require a RP before it can be eligible for ADB financing. B. Impact and Outcome 21. The Rice–SDP impact is increased net incomes of input suppliers, farmers, collectors, traders, milers and exporters all along the rice value chain. The outcome is increase production of quality rice in Cambodia without compromising its natural resource base. C. Outputs 22. Five outputs are proposed under the Rice-SDP including (i) a conducive legal and regulatory environment for rice commercialization established; (ii) improved land-use zoning, (iii) climate resilient rural infrastructure developed, (iv) improved rice quality from enhanced value chain services, and (v) efficient management and implementation Rice-SDP. D. Subproject Description 23. The Anlong Run Irrigation System Subproject (herein called Anlong Run Subproject) is located in Anlong Run commune, it is about 15 km south of Thmor Korl District (See Figures 1 and 2) and about 30 km from Battambang town. It can be accessed via the National Road (NR) No.5 and then turn left on a laterite road for a distance around 15 km. The Anlong Run Canal is stretched out from Krous village to Sophy and the water source from Ou Prey Pdao and Kamping Pouy reservoir. 24. The Detail Design Scope of Works of Anlong Run Subproject: a. Construction of Secondary Canal (SC), 4.100 km length includes laterite pavement both sides and grass sodding inner and outer side slope, b. Construction of Tertiary Canal (TC), 12.28 km includes laterite pavement both sides and grass sodding inner and outer side slope, c. Construction of a head regulator on SC with wet stone masonry protection on Ou Prey Pdao River side slope and rehabilitation of OU Prey Pdao River about 15,000 m3, d. Construction of three (3) Check Structures on SC e. Construction of four (4) Check Structures on TC f. Construction of seventeen (17) Turnouts on SC g. Construction of two (2) Turnouts on JICA canal, h. Construction of forty-nine (49) Turnouts on TC i. Construction of four (4) Oxcart Bridges on SC j. Construction of twelve (12) Oxcart Bridges on TC k. Construction of Six (6) Tail Escapes on TC l. Construction of two (2) Box Culverts with gate m. Construction of two (2) Box Culverts without gate n. Demolition of seventeen (17) existing structures (4 Timber Bridges, 10 Pipe Culverts and 3 Pipe Culverts with gate) o. Repair of existing head regulator by replacing with 2 slice gates and upstream and downstream protection. p. Construction of Four Hundred Forty-Six (446) Piling of Right-of-ways

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q. Construction of a FWUC Building on Commune Office land. E. Proposed Improvements 25. The Anlong Run irrigation system was initially constructed a total length of 4,100m of SC of 21m wide at St.0+4100 with 2.4m deep and 18,070m long of TC on the left side of SC for TC1L of 22m wide at St.0+2100 with 3m deep, TC2L & TC3L of 20m wide with 2.5m deep, on right side of SC for TC1R of 16m wide at St.0+1125 with 1.5m deep, for TC2R, TC3R & TC4R of 26m wide with 1.5m deep (Figure 4), located in Thmor Korl District, Battambang Province. The rehabilitation of the Anlong Run Subproject will provide efficient irrigation systems that will assist the rice producing farmers in the communes of Anlong Run and Ta Kream. Overall, the works will be carried out within the existing ROW of the canal of 20m from the centerline. 26. Figure 3 shows the Anlong Run Subproject Layout Plan. The commanded area of Anlong Run Subproject is irrigated in target area to be about 1,435 ha, which is double or triple cropped. Completion of the rehabilitation works will permit production of 1,670 ha of Wet Season rice and 2,518 ha of Dry Season rice. The location and technical description of the subproject and the requirements for land acquisition by this subproject are described as related to the following: i. The construction of structures requires land acquisition as it will be constructed on existing corridor of impact (COI), Right-of-Way (ROW) and within the private land use. ii. The rehabilitation of the Anlong Run Canal will take place in Ta Kream commune, Banon district, and Anlong Run commune, Thmor Korl District, Battambang Province, and will affect 111 AHs in 4 villages.

Figure 1: Anlong Run Subproject Location

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Figure 2 : Anlong Run Subproject Location Plan

Figure 3: Anlong Run Subproject Layout Plan

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Figure 4: Anlong Run Subproject Layout Plan

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III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 27. The Rice-SDP consultants jointly with key staffs from Ministry of Water Resources and Meteorology (MOWRAM) and the Department of Resettlement No 2 (DR 2) of the General Department of Resettlement (GDR) conducted a public consultation, census, inventory of losses, socio-economic survey (SES) and detailed measurement survey (DMS) between April - August 2017 in the Anlong Run and Ta Kream communes of Thmor Korl District in Battambang province. The DMS undertook 100% census and inventory of losses and 100% socio-economic survey of the AHs. The identified assets were tagged, measured, their owners identified, and their locations pinpointed on the ground. The major impacts on the affected assets, livelihood and productive capacity of the AHs were also determined. The DMS results indicate permanent impacts on (i) Loss of private land by 5 AHs, (ii) Loss of government owned land/paddy fields used by 106 AHs, and (iii) Removal of fruit and timber trees during civil works construction (Figure 5).

Figure 5: Anlong Run Subproject ROW A. Permanent Impacts 28. Impact on Affected Households (AHs). The results of DMS show that 111 AHs or 479 DPs will be impacted by the Anlong Run Subproject in the Thmor Korl district. Out of 111 AHs, 4 AHs are from Prey Pdao village, 54 AHs are from Kruos village; 40 AHs are from Sophy village; 12 AHs are from Char village in Anlong Run commune. Table 2 summarizes the AHs by the District, Commune and Villages.

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Table 2: Affected Household by Village at Anlong Run Subproject District Commune Village Number of AHs Number of DPs Banon Ta Kream Prey Pdao 05 22 Kruos 54 239 Thmor Korl Anlong Run Sophy 40 173 Char 12 45 Grand Total 111 479 Source: Data DMS August 2017 and Data Verification on 3 April 2019

29. Impact on Land. The rehabilitation of Anlong Run Subproject in Anlong Run and Ta Kream communes of Thmor Korl District in Battambang province will be largely implemented on the existing canal within the ROW of public land. The data from DMS shows that 138 plots of land have been illegally used by 111 AHs of the four villages in the canal ROW to cultivate rice. However, the canal extends into the private rice land owned by 5 AHs. A total of 98,667.80m2 of land (93,015.80m2 of ROW and 5,652.00m2 private land with title) used for cultivating rice will be affected by the rehabilitation works. (Table 3).

Table 3: Household with Affected Land of Anlong Run Subproject Land Use No. Land Category Number of DPs Affected area (m2) No. of AHs A The ROW (government owned) 1 Rice Land 93,015.80 106 3 458 2 Land under structures built on 65.25 3 (without the rice field on canal ROW double counting) Total A 93,081.05 B Private land 1 Rice Land 5,652.00 5 21 Total B 5,652.00 Total (A+B) 98,733.05 111 479 Source: DMS Data August 2017 and Data Verification on 3 April 2019

30. Main and Secondary Structures are defined by a physical structure or building that have roof and with or without surrounded wall and serve main function of the household i.e. house, shop, warehouse, garage, and workshop. Structures are classified into different types based on construction material uses for floor, column, wall, and roof. Thus, a building may have more than one structure type. Unit costs based on floor or roof area were established for each type of structure and determined under the RCS using the rates in the RCS Report of November 2017. The classification of types of structure is in Table 4. Table 4: Classification of Main Structures Story Roof Wall Column Floor Classification Wooden house higher from Zinc and Board Wood Board 2B ground level 2.5 m Fibro Wooden house Ground floor Zinc Board Wood Soil 1C Wooden house First floor Zinc Zinc Wood Concrete 1F Shop First floor Zinc None Pole None SH3* *Remark: SH3 is a stall which has no business operation. 31. Impact on Structures. The data from DMS shows that the main structures affected and measured are in the COI of ROW. The main structures affected are 2B of 40.63m2, 1C of 10.40m2, 1F of 10.32m2 and a single secondary structure of 3.90 m2 of SH3 which owned by 3 AHs. The other structures comprising 2 hand pump wells, 152.75m2 of wooden bridge, 29m of concrete pipes, 134.00m of wooden fence, 1 brick entrance gate, and 18.48m2 of concrete slab will be affected. The houses will be viable as they can be easily shifted back within the same rice field which is sufficient for further use. (Tables 5 and 6). Table 5: Affected Main and Secondary Structures at Anlong Run Subproject Secondary Main Structures Structure District Commune Village House (2B) House (1C) House (1F) SH3 m2 m2 m2 m2

3 includes 3 AHs under A2 with affected structures

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Anlong Kruos 24.88 10.40 10.32 3.90 Thmor Korl Run Char 15.75 40.63 10.40 10.32 3.90 Total 65.25 Source: Data DMS August 2017 and Data Verification on 3 April 2019

Table 6: The Affected the Other Structures at Anlong Run Subproject Gate Hand Wooden Pipe Wooden Slap Brick District Commune Village Pump Bridge Culvert Fence BA 20x2 (unit) (m2) (m) (m) (m2) (unit) Banon Ta kream Prey Pdao 0 26.40 0 77.00 1 0 Kruos 0 106.35 11.00 57.00 0 18.48 Thmor Anlong Run Sophy 1 20.00 18.00 0 0 0 Korl Char 1 0 0 0 0 0 Grand Total 2.00 152.75 29.00 134.00 1.00 18.48 Source: Data DMS August 2017 and Data Verification on 3 April 2019

32. Impact on Crops. The rice cultivated on the main canal by the 106 illegal AHs using 93,015.80m2 of government owned land and 5,652.00m2 private land with title of the 5 AHs will amount to around 30.98 tons based on average yield of 3.14 tons per hectare. Loss of crops will be compensated at full replacement cost as per the Entitlement Matrix agreed for the sub-project based on the entitlements provided for in the RF. 33. Impact on fruit and non-fruit trees. A total of 69 AHs will lose 84 fruit trees and 234 non-fruit trees during the Anlong Run Subproject rehabilitation works (Table 7). The loss of these trees does not affect to livelihood of the AHs. The trees serve as family’s food consumption and not for income generation. Table 7: Household with Affected Fruit Trees at Anlong Run Subproject Fruit Trees Non-Fruit Trees Village Milk Jack Otaheite Wood Jambolan Ferroniella Mango Coconut Tamarind Guava Cashew Banana Jujube Bamboo Palm Acacia Sdao Other fruit Fruit goose berry apple plum Lucida Prey Pdao 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 28 Kruos161 1 2 4 8 2 4 4 8 1 181 501 57 0 26 Sophy 7 0 0 0 2 7 0 0 3 9 1 3 0 6 0 14 1 1 Char 0 0 0 0 0 0 0 0 1 0 0 0 1 2 0 22 0 1 28 1 1 2 6 15 2 4 8 17 2 21 2 58 1 93 1 56 Total 84 234 318 Source: Data DMS August 2017 and Data Verification on 3 April 2019 34. Impact on Common Property Resources. The subproject will not impact any common property resources. 35. Impact on Vulnerable Group and Gender. Table 8 summarizes the types of vulnerable AHs that will be affected under Anlong Run Subproject rehabilitation works. There are 02 AHs or 12 DPs living below the RGC poverty line. There are no landless, elderly, disabled, children or indigenous peoples/ethnic minority affected by the Anlong Run Subproject rehabilitation works.

Table 8: Summary of Vulnerable AHs No. Vulnerability No. of AHs No. DPs 1 Landless HHs Nil Nil 2 Children and elderly who are landless with no other means of support Nil Nil 3 HHs falling below the national poverty rate 02 12 4 Disabled Headed HHs with no other means of support Nil Nil 5 Female Headed HHs with dependents Nil Nil 6 IP or Ethnic Minority Nil Nil Source: DMS Data August 2017 and Data Verification on 3 April 2019

36. Severity of Impact. Result of the DMS showed that there is one (01) AH/02 DPs that experience severe impact within the ROW. This AH is losing 10% or more of total productive government owned land it uses and is eligible for cash assistance for loss of land use as well as the income restoration program (IRP) under the subproject. Table 9 summarizes the severity of impact of the 1 AH.

Table 9: Severity of Impacts

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Total of land No. AH Name Sex Member Affected Land Used (Sqm) Percentage of loss (Sqm) 1 La Rath M 02 10,000.00 1,470.00 14.70% Total 10,000.00 1,470.00 14.70% Source: DMS Data August 2017 and Data Verification on 3 April 2019 B. Temporary Impacts 37. For any temporary land acquisition, the contractor will have to propose a site installation, mobility of equipment and access plan and obtain no objection from the Program Management Office. As needed temporary access ways would be provided during the few workdays in sections under construction. The GDR will not be required to acquire any temporary land to be used by the contractor. The contractor shall be responsible for paying all costs, including any rental/lease fees for any land that it requires or repairs to them. Both private and public space shall be returned in the same or improved condition compared with pre- subproject condition.

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IV. SOCIO-ECONOMIC INFORMATION AND PROFILE

38. Socioeconomic information of the AHs living in the Anlong Run Subproject area was carried out jointly by the Rice-SPD consultants, staff of MOWRAM and Resettlement Department No. 2 of GDR in April 2017. The 111 AHs losing their assets such as land, land use and the fruit and non-fruit trees were interviewed for obtaining further information of the current situations and living standards. The SES was carried for all the 111 AHs. Information gathered in the SES will serve as baseline data on the AHs. The key socio-economic profile of the AHs is summarized in paragraphs and Tables below, and details are in Appendix 6

A. Socioeconomic Characteristics of AH

39. Basic socio-economic information of the 111 AHs was collected through questionnaire survey. The heads of the AHs were contacted and interviewed and the details regarding members of the AHs was obtained. (i) Out of 111 AHs a total of 90 are headed by male and their average age is 50 years old. There are 21 female heads of AHs and their average age is 51 years old. The average AH size is 5 persons about same as national average of 4.9 and of the Battambang province average of 5 persons. Table 10 summarizes the identification of the 111 AHs.

Table 10: Summary of AH Heads Total No. of Total No. of Average Total of Name of Total No. Average Age DPs Male Headed Age Female Commune of AHs (years) AHs (years) Headed AHs Anlong Run 111 479 92 50 19 51 Source: DMS Data August 2017 and Data Verification on 3 April 2019

(ii) Ethnic background: 100% of the surveyed AHs are ethnic Khmer and no other ethnic groups or indigenous peoples reside in the subproject area. . (iii) Age and Gender: Among the 479 DPs, 242 are males and 237 are females. A total of 372 DPs or 78% are within the economically active age group (15 to 64 years old). 40. Gender. Gender concerns and issues have been considered in resettlement planning particularly in the socio-economic data collection on AHs and DPs. The gender-disaggregated data gathered helped in identifying the impact, vulnerability and risks ensuring the needs and concerns of women are addressed in this RP. In conducting the DMS both men and women participated in the discussions. Gender concerns are considered when preparing this RP to ensure that the women and men of the households are treated equally. No Female Headed Households were found to be among the poor and vulnerable AHs. Table 11 summarizes the gender and age of the DPs. Table 11: Summary of Age of Members of AHs Age Group of DPs (years) Gender Total 0 - 14 15 - 29 30 - 44 45 - 64 65 - over Male 43 87 38 68 6 242 Female 53 81 39 59 5 237 Total 96 168 77 127 11 479 Source: DMS Data August 2017 and Data Verification on 3 April 2019

(iv) Education: Khmer is the national language and is used by the AHs. Secondary education is the highest educational attainment of the AH heads. While 03 AHs heads also reported higher education, 10 AH heads said they are not educated, 29 AH heads reported attaining primary education, 69 AH heads reported attaining secondary education. This will be factored in while devising the consultation and participation mechanism to ensure the concerns and views of the illiterate is heard and considered. It will also be considered when raising awareness about the subproject specific GRM so that the illiterate AH heads can equally raise their complaints and grievances if any throughout the subproject implementation. Table 12 summarizes the education levels of the AH heads.

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Table 12: Summary of Education Levels of the AH Heads School Level Number of AH Head None Primary Secondary High University Total 111 10 29 36 33 3 111 Source: DMS Data August 2017 and Data Verification on 3 April 2019

(v) Income. In general, affected persons under Anlong Run subproject are slightly above the national poverty line. The annual average income of the 111 AHs is calculated at around USD 6,687.72 per year or USD 563.45 per AH/month. Primary income of 41% of the AHHs is from cultivation, 13% from farm and small business owned, 16% from farm and labor force, 27% from farm and work and 3% from public service of government. However, 36% of all family members are working age and contribute to the AHs’ income from cultivation on paddy field and remaining 64% share this responsibility with the income activities from cultivation and elsewhere. Highest average income is reported to come from farming, while employment with the government is at the lowest income group. The land that these farming affected households are losing does not adversely affect their livelihood as the remaining land is sufficient to generate income and maintain same level of livelihood. Table 12 summarize the employment by AH heads and DPs and Table 13 summarize the breakdown of income which is presented in detail in Appendix 5. Table 13: Summary of Type of Employment Type of Heads of Affected Households Members of the AHs Employment No. of AH Heads Percentage No. of DPs Percentage Farmer 46 41% 205 43% Farmer/Seller 14 13% 67 14% Farmer/Staff 18 16% 62 13% Farmer/Worker 30 27% 134 28% Government Staff 3 3% 11 2% Total 111 100% 479 100% Source: DMS Data August 2017 and Data Verification on 3 April 2019

Table 14: Average Income Overview of AHs Annual Average Income Income of Type of No. of DPs Income of (USD) No. of No. of AH Employment or employed AH AHHs DPs (USD) occupation or working (USD) Month Year Month Year Farmer 46 205 117 27,499.17 321,560.50 597.81 6,990.45 Farmer/Seller 14 67 36 13,951.60 167,477.50 996.54 11,962.68 Farmer/Staff 18 62 37 11,107.98 133,337.00 617.11 7,407.61 Farmer/Worker 30 134 71 11,804.35 141,692.50 393.48 4,723.08 Government Staff 3 11 8 1,536.00 18,450.00 512.00 6,150.00 Total 111 479 269 65,899.10 782,517.50 3,116.94 37,233.82 Source: DMS Data August 2017 and Data Verification on 3 April 2019 (vi) Average Annual Expenditure: The annual expenditure of the AH is USD 2,774. Food was reported as the highest expenditure item followed by health expenses. Despite agriculture being the major income source, agri-inputs/tools are reported to be the third spent on. Table 15 summarizes the average annual expenditure of the AHs Table 15: Average Annual Expenditure Overview of AHs Total Annual Expenditure No. Items Percentage (USD) 1 Food 1400 50% 2 Health 400 14% 3 Education 250 9% 4 Clothes 100 4% 5 House 100 4% 6 Social responsibilities 80 3% 7 Transport 70 3% 8 Agriculture tools 374 13% Total Average 2,774 100% Source: DMS Data August 2017 and Data Verification on 3 April 2019

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(vii) Access to infrastructure and utilities: All the 111 AHs have access to the basic public services, utilities and transport infrastructure offered for them in the district. The provision of public services differs; with regard to water supply all households use wells water, raining water and water from canal and stream; with regard to hygiene, most households have pit latrines inside the house or in their compound; the electricity has been supplied to their villages via private company. All households are connected to the public grid, but also use wood mainly for cooking. The road/ transportation has been rehabilitated and improved by the project of Ministry of Rural Development (MRD), commune funds, provincial department of Rural Development fund etc, Schools, health centers have been improved and provided services to facilitate to the local people by RGC. Goods are imported from the main market in Battambang town.

B. Vulnerability

41. Poverty: 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 $33 per month per person as those living below the poverty line. There are only two (02) or 12 DPs have been identified as living below the national poverty line. 42. No Female headed AHs constitute of those living below the poverty line. There are no landless or disabled AHs. The subproject ensures that the vulnerable groups are not disadvantaged and that they equally benefit from the subproject’s infrastructure. In accordance with the principles adopted for the Rice-SDP and reflected in the agreed RF, special measures are incorporated in this IRP to protect socially and economically vulnerable groups. Hence, all poor and other vulnerable AHs are entitled to one-time cash assistance as well as to participate in the IRP under this RP. In addition, they will be given priority in employment under the civil works. Table 16 summarizes the AHs living below the national poverty line. Table 16: Summary of AHs Living Below Poverty Line Sex Age No. of Income Per Monthly Income Per No. Name of AH Head M F (Years) DPs Capita Household 1 Dun Ol M 50 6 10.07 60.42 2 Soeum Poun M 47 6 27.08 162.50 37.15 222.92 Total 02 12 Average: 18.58 Average: 111.46 Source: SES Data August 2017 and Data Verification on 3 April 2019

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V. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

43. Consultation and Participation. The public consultative meeting for the preparation of this RP was led by MOWRAM through the assistance of provincial authorities and participated by GDR. The purpose of the meeting was to provide the community and affected persons with generic information about the project and subprojects, the benefits and potential impacts, the anticipated land requirement, compensation policy, the entitlements including the IRP and eligibility and grievance redress mechanism (GRM). The first consultation was organized at Anlong Run commune office on 13 January 2017 which established the cut- off-date to disseminate the rehabilitation and resettlement policy to all attendees Appendix 1). The consultation was attended by 15 participants, out of which 3 or 20% were women. Prior to the commencement of DMS, subproject information booklet (SIB) was updated by GDR with the information about the DMS and entitlements. The Guidelines on GRM were distributed to the attendees and the process and procedures explained. The updated SIB for the Anlong Run Subproject and the DMS Questionnaire were made available to and explained to all the attendees. The list of attendees and the Minutes of the Meeting is in Appendix 1. 44. The next the public consultative meeting took place on 10 February 2017 led by IRC-WG with PRSC-WG and attended by the affected persons for the dissemination of information about DMS on the Anlong Run Subproject. This meeting was organized to ensure that there is full participation by the AHs. The consultation meetings were held with the affected communities in the four (4) villages, at Anlong Run commune, in Thmar Kor district. During the meeting IRC-WG explained the DMS Questionnaire to the attendees and the updated SIB was also shared with the AHs. All the AHs were provided with the updated SIB and DMS questionnaire and explained again during the house to house DMS. One-on-one consultations were held during the house to house DMS of affected land and property, whereat the affected persons were able to confirm the documented affected assets/land and measurements and got full understanding of the basis on which the compensation will be paid for the loss of assets and other entitlements. The detailed engineering design (DED) drawings was presented on flip chart and explained to the attendees. The demarcated land boundaries were shown on the DED drawings and resettlement impacts on affected land, structures, crops and trees were discussed with the AHs. The GRM process and procedures were also explained including the establishment of the provincial grievance redress committee (GRC) and its role that were recorded in the updated SIB. The Minutes of the Meeting is in Appendix 1. 45. The focus group discussion (FGD) was conducted on 12 June 2019 at Anlong Rum Commune office attended by 3 AHs. The consultation focused discussions on the entitlement of Income Restoration Program (IRP) for the AH who experience major impact and the poor and vulnerable. The AHs were informed that AH who experience major impact will entitle to one-time cash assistance of $200 in addition to IRP, while poor and vulnerable AH will entitle to one-time cash assistance of $100 in addition to IRP. The AHs also were informed AHs that IRC-WG contacted to Department of Labor and Vocational Training of Battambang Province and they provided a list of training courses which is offered by Technical Institute of Battambang Province. The list comprises of training courses for the duration of 12 months and 4 months. They also were informed that these courses once successfully completed will provide alternate sources of livelihoods to enhance their income and they were informed that costs for these courses, materials and transport will be provided by the government as their entitlements. All the 3 AHs were informed that training courses are available for each member of the family. The 3 AHs were given time to discuss among themselves and were informed to ask for clarification, if they are uncertain about their entitlement or IRP. After a lengthy discussion, the 3 AHs opted for cash assistance and waived the proposed IRP under the RF and skill training provided by Technical Institute of Battambang. Mr. Dun OL said that he needed cash to buy rice seed for farming and his children are not interested in training program. Mr. Soeum Poun said he will use this cash assistance to buy rice seed for farming and he is not interested in skill training. Mr. La Rath said he need cash to buy livestock for raising and also want to add money to expand his agricultural land. IRC-WG also indicated that the 3 AHs shall use the cash assistance in an appropriate way to enhance their livelihood production and income generation. The Minutes of the Meeting is in Appendix 1and Table 17 summarizes the key questions raised and responses provided during the FDG.

Table 17: Summary of Key Questions and Response during FGD Questions asked/concerns raised Response from the team The AHs raised concern in the The team leader of IRC-WG who presented in the meeting meeting on the delays to their responded and explained the AHs that the impacted land and compensation payments on their assets will be compensated based on Entitlement Matrix and affected land and properties. RCS. AHs have cooperated with DMS team for house to house

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measurement on each plot of land and other the affected assets. Once the final resettlement plan is approved by ADB, the compensation payments will made to the AHs after the approval of the budget by MEF. The vulnerable AHs expressed the Yes, you can. The team leader replied, “As he informed earlier, difficulties in attending to IRP or if they completed the training course successfully, it will skills training and requested if they provide alternate sources of livelihoods to enhance their income. could opt for cash assistance instead However, if AHs find it difficult to attend the training and prefer of IRP? cash assistance for self-livelihood enhancement. This preferred choice of option is respected. Can I use cash differently from what Yes, you can. However, Team leader encourage all AHs to use I told you earlier? their cash from compensation payments and assistance in an appropriate way, to make sure that AHs can enhance their sources of livelihood. When do we get compensation? Team leader replied the contract will start when the RP is approved by ADB and budget approved by MEF, the working group will process for contract signing and compensation payment.

46. The Project consulted of identified vulnerable AHs during the preparation of the DRP. All AHs will be invited to the next public consultative meeting which will be held prior to the signing of the agreement/contract for the compensation package and will be undertaken jointly by the IRC-WG and PRSC- WG. The consultative meeting will be carried out in two parts and advance notice of the meeting will be provided to the AHs through the commune/village council. In the first part, the consultation will be through a public meeting which will be held at the commune/village level for all AHs and commune/village representatives. Another SIB for Compensation Package under the subproject will be prepared in advance and provided and explained to all the participants. The second part will commence soon after the completion of the first part and held on the same day. Each AH will be provided with the draft contract and the compensation amounts explained to the satisfaction of the AH on one to one basis. For those AHs who are unable to participate in the meeting, best efforts will be made to visit them at their homes or seek the assistance of the village office to make contact with them. 47. The final public consultative meeting will be conducted when the compensation payments are ready to be disbursed and is undertaken jointly by the IRC-WG and PRSC-WG. The schedule for compensation payments will be informed to displaced persons at least one week in advance through the communes and village chiefs. The meeting will be held in a public place at the commune or village. Prior to commencement of the compensation payment the AHs will be again informed about the GRM processes for the subproject, the setup of the provincial GRC including contacts of the GRC members in the province at all levels, and the procedures that will be followed in case they have any complaints about the compensation payments. Soon after the public consultation, compensation payments will be made on household to household basis and each AH will be provided an opportunity to seek clarifications about the compensation package prior to receiving the payment. 48. The following table 18 summarizes the consultations conducted with the project communes and AHs.

Table 18: Summary of Consultation Commune/ Male Female Total no of Date Type of consultation Location participants participants participants

13.01.2017 Anlong Run First public consultation with 12 3 15 commune hall authorities and the farmer of Anlong Run Subproject

24.01.2017 Anlong Run Public consultation prior DMS 14 4 18 commune hall on the Anlong Run Subproject

12.06.2019 Anlong Run Consultation with AHs 3 0 3 commune hall entitled to IRP (FGD).

Total 29 7 36

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49. Information Disclosure The disclosure of LAR information, consultation and participation of stakeholders in the Anlong Run Subproject included number of measures. Cut-off date established as of 13 January 2017 has been disclosed to AHs via commune offices and during the consultative meetings. A Subproject Information Brochure (SIB) will be updated as new information on the sub-project is available. The SIB, which was prepared by the executing agency (EA) with the assistance of design and implementation support consultants (DISC) and endorsed by GDR, was made available to the Commune Offices and distributed to all attendees during the meetings. The updated SIB contained information on the DMS, GRM, GRC and subproject specific summary of entitlement matrix will be distributed to all the AHs during the public consultation meeting prior to the signing of the contract. The updated SIB also provides details related to GRC, the contacts of the key stakeholders and the subproject key persons in charge so that DPs have a venue for asking questions, seeking clarifications and sharing concerns. The updated SIB is in Appendix 5. 50. Key information, including the Executive Summary of the approved RP and social safeguards monitoring reports and any corrective action plans will be disclosed to the AHs in local language. The approved RP translated into local language will be posted in the commune, village and province offices. The approved RP and corrective action plans will be uploaded in the ADB and MOWRAM websites. The disclosure will follow ADB's Access to Information Policy, 2018.

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VI. GRIEVANCE REDRESS MECHANISMS

51. A provincial level grievance redress and resolution mechanism has been established in Battambang Province to address AHs grievances and complaints regarding land acquisition, compensation and resettlement in a timely and satisfactory manner for the Anlong Run Subproject following the processes and procedures for the grievance redress mechanism outlined in the Resettlement Framework for the Rice-SDP. The Provincial Grievance Redress Committee (PGRC) has the power, at the administrative level, to make binding decisions on the resolution of eligible complaints and resolve them in timely manner. The PGRC was established on 23 December 2016 and its composition is in Table 19. The Establishment of PGRC by the Governor is in Appendix 7. Table 19: Composition of GRC for Battambang Province Name of No. Title and Agency Representative Role Contact Address Representative H.E. Cheam Chan 1 Battambang Provincial Deputy Governor Chairman C/O Provincial Office Sophaon, 2 Mr. Hong Kim Sann, Deputy Director of PDOWRAM Vice Chairman C/O Provincial Office Deputy Director of Provincial Department 3 Mr. Veang Soman Member C/O Provincial Office of Industry and Handicraft Deputy Director of Provincial Department 4 Mr. Ky Serey Member C/O Provincial Office of MEF Depurty Director of Provincial 5 Mr. Nhol Odum Member C/O Provincial Office Department of Agriculture Deputy Director of Provincial Department 6 Ms. Phauk Sopheak Member C/O Provincial Office of Women Affairs Mr. In Vanorin, Deputy Director of 7 Mr. In Vanorin Member C/O Provincial Office Provincial of Planning Deputy Director of Provincial Department 8 Mr. Mr. Paek Thav Ro Member C/O Provincial Office of Commerce Representative of Provincial Department 9 Mr. Mok Sophannara of Land Management Urban Planning and Member C/O Provincial Office Construction 10 Mr. Ly Dy Nory District Governor of Thmor korl Member District Office 11 Mr. Vin Huot Vice Governor of Bavel district Member District Office 12 Mr. Tep Horn Vice Governor of Moung Russey district Member District Office 13 Mr. Ouk Kong Vice Governor of Rokakiri district Member District Office Representative of 14 Representative of Stakeholders Member Stakeholders

52. To ensure that the grievance redress procedures are equally accessible to all the AHs, including women and other concerned groups, the GRC includes the local commune and village chiefs. The designated commune and village chiefs shall exercise all efforts to settle AH’s issues at the commune level through appropriate community consultation. As practiced, a local NGO may assist the affected persons in filing complaints, particularly for those who are illiterate, do not know how to prepare written complaints, and ethnic minority who have language difficulties. All meetings shall be recorded in each grievance process and copies shall be provided to the AHs. A copy of the minutes of the meetings and actions taken shall be provided to IRC and ADB upon request. Training to PGRC on GRM by GDR was provided in 03 November 2018 to strengthen the capacity of PGRC and effective functioning of GRM. Summaries of complaints and grievances raised and the status to date will be reflected in the periodic progress and social monitoring reports and shared with ADB. 53. The procedures for grievances redress are set out below. (i) Stage 1: AHs will submit a letter of complaints/requests to village or commune resettlement sub- committee or IRC-WG and, if s/he wishes, to the nominated NGO working on the GRC. The NGO will record the complaint/request in writing and accompany the AH to the village or commune resettlement sub-committee. The sub-committee will be obliged to provide immediate written

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confirmation of receiving the complaint. If, after 15 working days, the aggrieved AH does not hear from the village or commune resettlement sub-committee, or if the AH is not satisfied with the decision taken by in the first stage, the complint may be brought to the district office. (ii) Stage 2: The distric office has 15 working days within which to resolve the complaint to the staisfaction of all concerned. If the complaint cannot be resolved in this stage, the district office will bring the case to the PGRC-Battambang. (iii) Stage 3: The PGRC-Battambang will meet with the aggrieved party and will try to resolve the compliant. Within 30 working days of the submission of the grievance the PGRC- Battambang must make a written decision and submit a copy of the same to the relevant national agency (the MOWRAM), the Ministry of Land Management Urban Planning and Construction, the EMO, the IRC and the AH. This stage concludes the handling of the complaints with no fees or charges levied to AH. 54. The Legal Procedures. If the aggrieved AH is not satisfied with the solution made by the PGRC- Battambang based on the agreed plicy in this RP, the PGRC-Battambang shall file dministrative procedures against the AH with the participation of provincial prosecuters. The case will be brought to the Provincial Court the same will be litigated against the rules of the Court. During the litigation of the case, RGC will request from the Court that the program/subproject proceed without disruption while the case is being heard. If any party is unsatisfied with the ruling of the ProvincialCourt, the party can bring the case of higher court. The RGC shall implement the decision of the court. The mechanism should not impede access to the country’s jurisdiction or administrative remedies. All costs involved in resolving the complaints (meetings, consultations, communication and reporting/infrmation dissemination) will be born by the Ministry of Economy and Finance 55. If efforts to resolve disputes using the grievance procedures remain unresolved or unsatisfactory, APs 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 (CARM). If APs 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 proceed based on the accountability mechanism in parallel with the project implementation.

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VII. LEGAL FRAMEWORK

56. This RP is prepared based on the applicable legal and policy framework of the Royal Government of Cambodia (RGC), and ADB's Safeguards Policy Statement (SPS), 2009. It describes the key legal and regulatory documents of the RGC pertinent to land acquisition and resettlement as well as the key principles of the ADB SPS, analyzes the gaps and provides gap filling measures for this subproject. The entitlements applicable for this subproject are based on the gap filling measures identified. The legal and policy framework is presented in Appendix 2.

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VIII. ENTITLEMENT, ASSISTANCE AND BENEFITS

57. The AHs in the Anlong Run Subproject area are categorized into three types; (i) persons with formal legal rights to land(land title) lost in its entirety or in part; (ii) person who lost the land they occupy in its entirety or in part who have no formal legal rights to such land (land title) , but have claims to such lands that are recognized or recognizable under Cambodian Laws; and (iii) person who lost the land they occupy in its entirety or in part who have neither formal legal rights (land title) nor recognized or recognizable claims to such land. Out of the 111 AHs, only 5AHs are those under category (i), i.e. have formal titles to the affected private land. Hence, they are eligible to the compensation for land and non-land assets at full replacement cost as well as other allowances as relevant. The remaining 106 AHs are those under category (iii) who are illegal occupiers of the ROW for cultivation without any formal rights or any recognizable claims to these lands. They are eligible to the compensation for non-land assets at full replacement cost; cash assistance in case of they experience major impacts, as well as other allowances as relevant. 58. Eligibility has been determined with regards to the “Cut-off Date” of 13 January 2017 which was the first date of consultation and the 111 AHs have been determined to be eligible under this criterion. Those who encroach into the subproject area after the cut-off date of 13 January 2017 will not be entitled to compensation or any other assistance. At the completion of DMS, there was no encroachment by anyone into the subproject area. 59. The subproject-specific updated entitlement matrix (Table 20) specifically addresses the entitlements agreed for Anlong Run Suproject showing the exact types of losses, entitled AHs and units of entitilements. The entitlement matrix is based on the standards provided in the Resettlement Framework, is updated to reflect the specific types of losses resulting from Anlong Run subproject. However, the standards in the EM are not lowered during finalization of this RP. Table 20: Updated Entitlement Matrix for Anlong Run Subproject Cat Type of Eligible Persons Entitlements Implementation Issues No. Loss/Impact 1 Loss of Private Land 1.1 Marginal loss 5 AHs owners with Cash compensation of loss of Unit rates of replacement (i.e. land is still legal right will lose private land at full replacement value are shown in economically 5,652.00m2 of cost. Appendix 3 as determined viable for use or private land. under RCS. meets the expected AHs will be notified 3 yield). months in advance of the actual date that the land will be acquired by the subproject AHs will keep the land vacated within one month after receiving the compensation. 106 AHs non- No compensation for loss of DMS confirmed the loss legal users will land. and that no structures on lose 93,015.80m2 Cash compensation at the rice fields replacement cost for non-land government owned RCS identified the affected assets rice land. yield/ha based on the

market price 1.2 Severe Loss (i.e. loss 01 AH non-legal Cash assistance for permanent of 10% or more of users will be loss of land use equivalent to the the total productive affected by the net income from the affected assets) loss of land during the immediate past 1,470.00m2 of year multiplied by 5 years rice land use Entitled to take part in the income restoration program 2 Loss of Productive Trees and Crops

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Cat Type of Eligible Persons Entitlements Implementation Issues No. Loss/Impact 2.1 Fruit trees 69 AHs regardless 84 fruit trees will be All AH will be notified at of tenure status compensated at full replacement least three months before will be affected by cost, based on average annual the civil work, and loss of 318 fruit value of the product multiplied AHs will keep the land and non-fruit by five years as determined vacated within one month trees. under the RCS in Appendix 3. after receiving the compensation payments. 234 non-fruit trees will be compensated at full replacement cost based on the unit rates determined under RCS in Appendix 3. 2.2 Standing Crops 111 AHs 98,667.80 m2 of rice plantation AHs will keep the land regardless of tenure will be compensated at full vacated within one month status replacement cost as determined after receiving the under the RCS in Appendix 3 compensation payments. based on the locally prevailed market prices 3. Loss of Structures 3.1 Marginal impact 3 AHs owners who Cash compensation at AHs will remove their (i.e. unaffected lost of Main replacement cost for the structures from the portion of the Structures of entire structure. subproject areas within 2 house and stall are 65.25 m one month after still viable for use regardless of One-time cash assistance per receiving compensation and no relocation land tenure. household to shift back = $33 Required). AHs will keep the land Loss of or 8 AHs owners with vacated within one Damage to assets. legal right will lose month after receiving of Secondary the compensation Structures payments. 4 Loss of Livelihood / Income due to Loss of Productive Land 4.1 Loss of 10% or 01 AH severely One-time cash assistance of Livelihood Restoration more of total affected entitled $200 per household or productive assets to the IRP(a) Participate in Income (Severely affected) Restoration Program such as agricultural enhancement program and agricultural training program. 5 Vulnerable Cash Assistance 5.1 Loss or impact; 02 AHs of poor One-time cash assistance of significant impacts and vulnerable $100 per vulnerable AH. on poor and AHs are entitled to vulnerable AHs the IRP(a) Entitled to take part in the income restoration program. Priority for employment in the subproject construction works. 6 Temporary affected properties during construction Temporary affected Owner of PMU should monitor and 6.1 No compensation for land if land temporary affected reflect in the safeguard returned to the legal owner and land quarterly report. the land restored to pre-project

condition within 4 months after AHs will be notified 4 use. If land is not returned and months in advance of the restored to the pre-project actual date that the land will condition within 4 months, the be temporarily used or AH will receive compensation at affected by the subproject replacement cost for the land Contractor will be required by contract to pay these costs

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Cat Type of Eligible Persons Entitlements Implementation Issues No. Loss/Impact Damage to crops and Owners of crops PMU should monitor and 6.2 Contractor will be required by trees during reflect in the safeguard contract to pay these costs construction quarterly report. (temporary impact) Compensation for lost production in cash at Construction and replacement cost (value of lost maintenance will be carried production within ROW or for out so as to minimize damage access) for the period of construction or maintenance. Construction will be required by Contractor to stay within This will be a minimum of one the COI harvest where damage occurs

during cropping season As part of the civil works contract, all access roads/driveways to properties adjacent to the road will be repaired or replaced including culvert and other facilities, to a condition equal or better than the present. The disruption period will be minimized as much as possible a Denotes that AH who are both poor vulnerable and severely affected. Hence counted as single AH entitled for IRP. Source: DMS Data August 2017, Data Verification on 3 April 2019 and Replacement Cost Study Report

i. Unit Costs Used in Preparing the RP and Replacement Cost Principles 60. The RCS of affected assets in the Anlong Run Subproject areas was carried out by a professional independent appraiser (RCS Consultant) in November 2017. The unit rate of replacement value was calculated for land, structures, crops and trees. In addition, the cash assistance for income loss was also determined. The Replacement Cost Study Report is provided in the Appendix 3 The unit rates for all these categories of losses were applied to determine the estimated budget in Table 18. a. For replacement costs of land, the RCS Consultant directly interviewed households that have recently bought or sold land to collect the evidence of the rate of land transaction; and, interview households who are looking for properties to sell or buy within and around the bridge location areas. The RCS Consultant also found out from residents and confirmed/validated through official records of local authorities, the price of various types of land that have been subject of transactions in the past six (6) months to one (1) year in the community or nearby areas and the prices of various types of land local residents who were willing to buy or sell and collected data from government offices on recent land transactions and land market assessment. These factors in cost of title adjustment for the 05 AHs. The AHs will not shoulder any cost as the compensation will only be paid for land lost, and the cost of title adjustment will be transferred by the MEF directly to relevant branch of the Ministry of Land Management, Urban, Planning and Construction.

b. For replacement cost of structures, the RCS consultant visited the suppliers of building materials in the subproject area and interviewed them and obtained the prices of the of different types building materials of the affected structures. The RSC consultant interviewed the local contractors specialized in the construction of residential building and obtained rates for wages; plant hire as well as building construction materials. Various trucks owners and companies who supplied trucks for transportation of building in the subproject area were interviewed and prices obtained

b. For the crops and trees, interviews were conducted with owners, market vendors and seedling suppliers to determine the current selling farm gate price of fruits or crops in the bridge location areas. The timber trees were valued according to Replacement Cost Studies (RCS) in November 2017 following the same method for defining the market value of the trees. The RCS consultant collected data from statistics offices on average yields per type of crop and/or tree identified during the DMS.

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IX. Relocation of Housing and Resettlement 61. The Anlong Run Subproject will not entail physical relocation of any AH. X. Income Restoration and Rehabilitation 62. The approved RF stipulated that the for vulnerable groups regardless of severity of impacts and severely AHs (AHs physically displaced from housing and AHs losing 10% or more of their productive assets and livelihoods regardless of tenure status) an income restoration programs (IRP) will be designed and provided. The RF outlined that the IRP will be designed in a participatory manner during the updating of the RP and will include, among others, any of the following measures: (i) alternative livelihood; (ii) improved agricultural production; (iii) access to credit facilities for productive endeavors; (iv) appropriate skills training, and (v) preferred consideration for rehabilitation and construction work related job opportunities. 63. An IRP has two components aimed at restoring the livelihoods of the AHs. The cash component provides for $200 per affected household that can be used as a start-up/seed funds. The agriculture enhancement and training program - a “soft” component is open to all the AHs members and is devised based on the needs of the AHs to help them intensify their production and generate better incomes in a sustainable manner. 64. During the focus group discussions (FDGs) with vulnerable and severely affected AHs, they were informed in detailed on their entitlement under the IRP. AHs who will be experiencing major impact will be entitled to one-time cash assistance of $200 in addition to IRP, and poor and vulnerable AHs will be entitled to one-time cash assistance of $100 in addition to IRP. The consultation process also discussed to seek the willingness of the AHs to join the training courses which was offered by Technical Institute of Battambang Province as stated in Para 45. The AHs chose cash component and waived the “soft” component of IRP in RF and the skills training offered by Technical Institute of Battambang Province. The AHs will be provided cash assistance of $200 as replacement cost of IRP as their preferred choice of option. DIMDM/GDR will continue monitoring the AHs livelihood restoration and in case of willingness to participate in any of the training or enhancement program under the Rice-SDP, will facilitate the enrollment and link the relevant service providers and request funding as necessary. (i) Special Package for Poor and Vulnerable Groups 65. Two (02) AHs/12 DPs classified as poor and vulnerable will be entitled to the following: (a) One-time cash assistance or $100 each; (b) Priority access to employment opportunities under the subproject; and (c) Participate in IRP. There are 02 AHs who will receive $200 each as lump-sum cash assistance as part of IRP

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XI. RESETTLEMENT BUDGET AND FINANCING PLAN

66. The cost for all land acquisition, compensation, resettlement assistances, including the cost of the income restoration/support program, for the Anlong Run Subproject will be financed from the national budget by RGC as counterpart funds for the Rice-SDP. No financing will be required from the ADB loan. The budget for LAR has been prepared following the completion of the DMS in August 2017 and RCS in November 2017. The cost of resetllement is estimated at about $ 44,642.77 Administrative cost item covers staff training, monitoring and evaluation and resettlement planning for this sub-project as conducted by GDR/DR 2. Table 21 provides an itemized budget with breakdown of the estimated costs for all resettlement activities. Table 21 : Summary of Breakdown of Resettlement Budget No. Description Unit Quantity Rate (USD) Amount (USD) A Land 1 Private land with title m2 5,652.00 0.50 2,826.00 Sub Total A 2,826.00 B Trees 2 Mango Tree 28.00 65.00 1,820.00 3 Milk Fruit Tree 1.00 52.00 52.00 4 Coconut Tree 1.00 61.00 61.00 5 Jack Fruit Tree 2.00 43.00 86.00 6 Guava Tree 15.00 23.00 345.00 7 Bamboo Banch 2.00 43.00 86.00 8 Palm trees Tree 21.00 65.00 1,365.00 9 Acacia Tree 2.00 24.00 48.00 10 Jujube Tree 17.00 5.00 85.00 11 Sdav Tree 58.00 31.00 1,798.00 12 Pring Tree 93.00 41.00 3,813.00 13 Tamarin Tree 6.00 36.00 216.00 14 Kvit Tree 1.00 33.00 33.00 15 Cashew Tree 2.00 26.00 52.00 16 Cactus (Kantuot) Tree 4.00 12.00 48.00 17 Banana Branch 8.00 10.00 80.00 18 Krosang Tree 1.00 5.00 5.00 19 Others Tree 56.00 5.00 280.00 Sub Total B 318.00 10,273.00 C Secondary Structure 20 Culvert Ø (60-100) m 29.00 13.00 377.00 21 Hand Pump No. 2.00 350.00 700.00 22 Wooden Bridge m2 152.75 18.00 2,749.50 23 Wooden Fence m 134.00 3.50 469.00 24 Brick Entrance Gate (20x20) No. 1.00 320.00 320.00 25 BA (Concrete Slab) m2 18.48 7.50 138.60 Sub Total C 4,754.10 D Main Structure 26 Category 2B m2 40.63 88.00 3,575.44 27 Category 1C m2 10.40 52.00 540.80 28 Category 1F m2 10.32 66.30 684.22 29 Category SH3 m2 3.90 19.70 76.83 Sub Total D 65.25 4,877.29 E Standing Crops 30 Rice Kg/ha 93,015.80 0.084 7,813.33 31 Rice (non-productive) for 4 years Kg/ha 1,470.00 0.234 343.98 Sub Total E 8,157.31 F Assistance and Allowances

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AHs experiencing major impacts 32 AH 1 200.00 200.00 more than 10% 33 Poor and vulnerable AH 2 100.00 200.00 Sub Total F 400.00 G Income Restoration Program AHs experiencing major impacts 34 AH 1 200.00 200.00 more than 10% 35 Poor and Vulnerable AHs AH 2 200.00 400.00 Sub Total G 600.00 Total (A, B, C, D, E, F, G) 31,887.69 H Administrative Cost (30%) 9,566.31 I Contingency Cost (10%) 3,188.77 Grand Total 44,642.77 Source: Replacement Cost Study Report

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XII. INSTITUTIONAL ARRANGMENTS AND IMPLEMENTATION A. Institutional Arrangements 67. The Institutional Arrangements for the implementation of the RP outlined in the Resettlement Framework for the Rice-SDP will not be applicable to the Anlong Run Subproject. The institutional arrangements under externally funded projects for land acquisition and involuntary resettlement will be in accordance with SOP as outlined in subsequent paragraphs. 68. Executing and Implementing Agencies. The executing ad implementing agencies for Rice-SDP are the Ministry of Economy and Finance and Ministry of Water Resources and Meteorology (MOWRAM). Respectively, the Anlong Run Subproject will be implemented by MOWRAM as the implementing agency through the Program Management Office (PMO), which will support MOWRAM in undertaking overall oversight and management of the Program. MOWRAM and its PMO will coordinate closely with the Inter- Ministerial Resettlement Committee - Working Group (IRC-WG) on all matters concerning involuntary resettlement, working closely with GDR/MEF to prepare, update, and implement the RP/detailed RP. Roles and responsibilities of MOWRAM include:  Sharing the final design engineering design to GDR/MEF.  Provide GDR with the proposed construction schedule identifying the schedule for completion of land acquisition and resettlement and handover of sites by sections to the contractor at least six (06) months before planned contract award date;  Inform GDR in a timely manner if construction progress is hampered by land acquisition and resettlement or in case of any anticipated bottleneck;  Assist and cooperate with GDR in seeking solutions to problems encountered during implementation of the subproject;  Invite GDR to participate in supervision missions and wrap up meetings with ADB and ensure GDR comments on land acquisition and resettlement issues are incorporated in Aide Memoires (AM), Memorandum of Understandings (MOU) and Minutes of Discussions (MODs); and  Responsible for ensuring there is no further encroachment on the ROW of the canals after it has been handed over by GDR. 69. Inter-Ministerial Resettlement Committee (IRC). The IRC has the mandate to review and evaluate the land acquisition and resettlement impacts for public physical infrastructure development projects in the Cambodia. The IRC is a collective entity, permanently chaired and led by MEF, with members from different line ministries. The IRC carries-out its roles through a Working Group (IRC-WG) which is established by MEF for each public investment project. For the Anlong Run Subproject, the responsibilities of the IRC include:  Review and approve of the RP and detailed RP prior to submission to the ADB for its review and approval;  Provide effective oversight and ensure land acquisition and resettlement complies with the laws and implementing rules and regulations;  Ensure effective coordination between line ministries, provincial/local authorities and GDR in carrying out land acquisition and resettlement;  Provide overall guidance on implementing rules and regulations for land acquisition and resettlement and propose updates; as necessary; and  Initiate the establishment of PRSC.

70. General Department of Resettlement (GDR). The GDR will be the lead agency responsible for the, implementation, and monitoring and reporting of the RP. The DR 2) of GDR will be responsible for day- to-day implementation of the RP. The GDR will provide the training on GRM to PGRC and PRSC-WG soon after approval of RP by IRC and ADB. The monitoring of the implementation of the RP and the management of the GRM will be carried out by the DIMDM of GDR. For this subproject, detailed tasks of GDR will include:

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 Coordinate and collaborate with line ministries, MOWRAM and other agencies involved in land acquisition and resettlement activities;  Conducts public consultations and FGDs with the affected persons and vulnerable groups;  Prepare the detailed RP for the subproject and submit to ADB for review and acceptance;  Develop terms of reference and recruit the replacement cost appraisal;  Prepare and secure the necessary budget for the implementation of detailed RP;  Calculate, prepare contracts and make payments for compensation for each affected household based on the entitlement matrix in the detailed RP;  Implement all land acquisition and resettlement activities in compliance with the detailed RP;  Facilitate the landless households for the preliminary preparation of documents to apply a plot of land according to the regulation of Social Land Concession.  Ensure proper functioning of the GRM;  Supervise, monitor, and report on implementation progress of the detailed RP;  Prepare and submit to ADB the RP Compliance Reports to obtain ADB’s no objection for civil works;  Prepare and submit to ADB semi-annual monitoring reports;  Prepare, agree with ADB and implement Corrective Action Plan, if any, during implementation; and submit the Corrective Action Plan implementation report to ADB for concurrence and disclosure;  Conduct awareness workshops for MOWRAM, line ministries, local authorities, and construction contractor on the implementing rules and regulations as specified in the detailed RP; and  Serve as the focal knowledge center for land acquisition and resettlement of the Project.

71. In addition, the DIMDM of GDR is responsible for carrying out the internal monitoring of the implementation of the detailed RP and the verification and validating of the compliance of the entitlements and compensation payments with the provisions of the entitlement matrix in the detailed RP. Its role extends to internal verification of all LAR activities for compliance with the provisions under the agreed RP/detailed RP and reports directly to the Director General of GDR. In addition, it records and reviews all complaints and grievances submitted by the DPs, investigate them and make recommendations on compliance to the Director General of GDR. 72. Cadastral Administration Office. The Cadastral Administration Offices under the Ministry of Land Management, Urban Planning and Construction is responsible for issuing titling documents, including the certificate of land use rights, hard titles and social land concession as part of securing tenure for landless and issuing title documents for the land plots acquired in favor of MOWRAM. 73. Program Management Office (PMO) under MOWRAM. The PMO will carry out the following specific tasks related to LAR: (i) submit the Mission Aide Memoire or Memorandum of Understanding to GDR and seek endorsement of provisions relating to LAR; (ii) participate as a member of the IRC-WG and assist the Provincial Resettlement Sub- Committee Working Group (PRSC-WG) in carrying out the LAR tasks at the provincial level; (iii) ensure that GDR participates and carries out all safeguard reviews during project or program review missions; and (iv) advise GDR in case of any resettlement bottlenecks hampering or having the potential to delay the construction activities.

74. Inter-Ministerial Resettlement Committee Working Group (IRC-WG). The IRC-WG will carry out the day-to-day LAR activities under this RP which is led by the Deputy Director/Chief of the DR2 of the GDR and comprise technical PMO staff of the MOWRAM/PMO, staff of the DR2 and staff of the Ministry of Land Management, Urban Planning and Construction. The IRC-WG will be responsible for all the field work under the supervision of the Director of the DR2 of GDR and overall guidance and direction of the Director General of the GDR. The IRC-WG of this RP for the Anlong Run Subproject is in Table 22.

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Table 22: Composition of IRC-WG of Anlong Run Subproject RP Name Position Agency Mr. Seng Hay Chief of Office DR2/GDR Mr. Nil Ratanak Deputy Chief of Office DR2/GDR Mr. Chreung Phanna Official MOWRAM Mr. El Lyne Official MOWRAM Mr. Kim Pheakdey Official MLMUPC 75. Provincial Resettlement Sub-Committee (PRSC). The PRSC has been established by the Provincial Governor at the request of the IRC for the Anlong Run Subproject. The composition of the PRSC for each of the province is shown in the Table 23. Table 23: Composition of PRSC of Anlong Run Subproject RP Position/Title Name of Representative of PRSC Head (Governor or Deputy Governor) H.E. Cheam Chan Sophaon, Deputy Governor Director of PDMEF Mr. Ky Serey, Deputy Director Director of PDWRAM Mr. Hong Kim Sann, Deputy Director Director of MLMUPC Mr. Mok Sophannara District Chief Mr. Ly Dy Nory 76. The role of the PRSC is as follows:  Provide the coordination and supporting role to the GDR, IRC and IRC-WG for land acquisition and resettlement activities at the local level;  Ensure all relevant provincial and local government authorities provide the necessary support for land acquisition and resettlement;  Manage the public consultation meetings at Provincial Level;  Oversee and monitor the work of the PRSC-WG;  Responsible and accountable for the disbursements of the compensation payments at the provincial level; and  Assist the IRC-WG in the developing of measures to assist vulnerable households by the subprojects

77. Provincial Resettlement Sub-Committee Working Group (PRSC-WG). The PRSC will carry out its technical functions through the PRSC-WG which comprises the representatives shown in Table 24. Table 24: Members of PRSC-WG of Anlong Run Subproject RP No. Name of Representative Position/ Title and 1 Mr. Hong Kim Sann, Deputy Director of PDOWRAM 2 Mr. Veang Soman Deputy Director of Provincial Department of Industry and handicraft 3 Mr. Nhol Odum Deputy Director of Provincial Department of Agriculture 4 Ms. Phauk Sopheak Deputy Director of Provincial Department of Women Affair 5 Mr. In Vanorin Mr. In Vanorin, Deputy Director of Provincial of Planning 6 Mr. Mr. Paek Thav Ro Deputy Director of Provincial Department of Commerce 7 Col. Mr. Orn Chri Sao Vice Commander of Provincial Military Police Mondul 8 Col. Mr. Ear Vutha Vice Commissioner of Provincial police 9 Mr. Mok Sophannara Representative of Provincial Department of Land Management Urban Planning and Construction 10 Mr. Ly Dy Nory District Governor of Thmor korl 11 Mr. Pom Mam, Commune Chief of O’Taki commune

78. In addition to supporting the PRSC, the PRSC-WG has the following specific functions:  Facilitate all public consultation and information disclosure meetings and maintain records;  Cooperate with consultants and IRC-WG in carrying out of DMS and in the implementation of the approved detailed LARP;  Lead the payments of compensation to DPs; and  Prepare monthly progress reports on all land acquisition and resettlement activities at the provincial level and submit to PRSC and GDR. B. Program Implementation Consultant (PIC) 79. The PIC reports to the PMO and will carry out the detailed engineering design of the subproject. With respect of LAR, the PIC has no direct role in the implementation and monitoring of the RP. Its role is limited to identifying any LAR issues that are causing or has the potential to cause delays in the

Page | 31 construction activities. The PIC, through the PMO, will promptly inform relevant DR2 of the GDR about the issue and assist the GDR and MOWRAM, as needed, to seek a resolution of the problem.

XIII. IMPLEMENTATION SCHEDULE 80. The RP will be implemented during the period January to March 2019 after the approval of the RP by ADB and the budget by MEF. All resettlement activities will be coordinated with the civil works schedule. Land acquisition and relocation of AHs cannot commence until the updated RP has been reviewed, approved by ADB and implemented. MOWRAM will not allow construction activities in affected sites until all resettlement activities are completed and the handover of land is issued to MOWRAM with copy to ADB. The PMO and MOWRAM will ensure that the contractors will not commence construction prior to the payment of compensation. In case any AH rejects the compensation package, the construction will commence while the complaint is being processed through the GRM. However, construction that is confined to the ROW on sections free from encumbrances (if there are no affected people or assets) can commence based on agreement between contractor, MOWRAM and ADB. An implementation schedule of the LAR activities is summarized in Table 25. Table 25: Indicative Implementation Schedule Resettlement Activities Schedule Detailed Measurement Survey (start and complete) April – August 2017 RCS November 2017 Revised RP Preparation and resubmitted to IRC May 2019 Approval of Revised RP (both IRC and ADB) August 2019 Disclose approved RP on ADB website August 2019 Approval of Budget August 2019 Signing of Contracts for Compensation August-October 2019 Disbursement of Compensation to the AHs From October 2019 Handover of Land to MOWRAM December 2019 Submission of internal monitoring report January 2020

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XIV. MONITORING AND REPORTING

71 The GDR will conduct regular monitoring and reporting of the implementation of this RP for the Anlong Run Subproject and all other remaining RPs under the Rice-SDP through its DIMDM. A. Internal Monitoring 72. All internal monitoring and reporting on the implementation of the URP will be carried out by the GDR in accordance with the principles agreed in this URP. DIMDM of the GDR will perform routine internal monitoring. The objective of internal monitoring is to (i) measure and report on the progress in the preparation and implementation of the URP; (ii) identify problems and risks, if any and the measures to mitigate them; and (iii) assess if the compensation and rehabilitation assistance are in accordance with the provisions under the URP. Internal monitoring with results will be reported to IRC and MPWT/PMU on a quarterly basis. The IRC-WG and the PRSC-WG will gather data and information on the progress of the LAR from the field and will submit monthly reports to the responsible DR2. The DR2 will compile the field reports and prepare a consolidated report for the on the implementation of URP on monthly basis. The report will be submitted to the DIMDM for internal monitoring. The DIMDM will (i) review the monthly progress reports, including fielding its own missions to verify the progress and the validity of the data and information, if deemed necessary; and (ii) compile quarterly monitoring report for submission to the Director General of GDR. After the quarterly monitoring report is endorsed by the GDR, it will be submitted to MOWRAM, PMO and ADB. B. External Monitoring 73. External monitoring will not be required for the Anlong Run Subproject as the resettlement impact is not deemed significant.

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Appendix 1: Record of conducted Public Consultation Meeting  Focus Group Discussion of Severity of Impact and poor and vulnerable

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 DMS Consultation Meeting:

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 Minute Meeting of Consultation for Resettlement Dissemination

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Appendix 2: Legal and Policy Framework of RGC and ADB’s SPS

A. The 1993 Constitution of Cambodia

1. The 1993 Constitution of Cambodia sets the key principle for land acquisition. The first is Article 44 which stipulate that expropriation of ownership shall be exercised only in the public interest as provided by law and shall require fair and just compensation in advance .Articles 73 and 74 provide for special consideration and support to vulnerable people including mothers and children, the disabled and families of combatants who sacrificed their lives for the nation. Indigenous minorities however are not explicitly included in these two articles but included in the Land Law.

B. 2001 Land Law

2. The 2001 Land Law governs land and property rights in Cambodia. Based on the provisions of the 1993 Constitution, it defines the regime of ownership of immovable properties, such as land, trees and fixed structures.

3. The rights and responsibilities of the Government with respect to eminent domain are specified in the Land Law. The Government can acquire private land for public purposes but has to pay a fair and just compensation in advance of the land acquisition. The Land Law, Article 5, states that “No person may be deprived of his ownership, unless it is in the public interest. Ownership deprivation shall be carried out in accordance with the forms and procedures provided by law and regulations and after the payment of fair and just compensation in advance.” Other provisions of the Land Law that are relevant to land acquisition, compensation and resettlement include:

 Legal possession as defined by the Law is the sole basis for ownership, and all transfers or changes of rights of ownership shall be carried out in accordance with the required general rules for sale, succession, exchange and gift or by court decision. (Article 6).  Any regime of ownership of immovable property prior to 1979 shall not be recognized. (Article 7).  State public land includes, among other categories, any property a) that has a natural origin, such as forests, courses and banks of navigable and floatable rivers or natural lakes; b) that is made available for public use such as roads, tracks, oxcart ways, pathways, gardens, public parks and reserved land; or, c) that is allocated to render public service, such as public schools, public hospitals or administrative buildings. (Article 15).  Persons that illegally occupy, possess or claim title to State public land cannot claim any compensation. This includes land established by the Government as public rights-of-way for roads and railways. Moreover, failure to vacate illegally occupied land in a timely manner is subject to fines and/or imprisonment. (Article 19).  Ownership of the lands is granted by the State to indigenous communities’ as collective ownership, including all the rights and protections enjoyed by private owners. The exercise of collective ownership rights are the responsibility of the traditional authorities and decision- making mechanisms of the indigenous community, according to their customs and subject to laws such as the law on environmental protection. (Article 26).  Persons with legally valid possession of land for five years (at the time the law came into effect-2001) are allowed to be registered as the owner of the land (Article 30).

C. 2010 Expropriation Law

4. The Expropriation Law, passed by the National Assembly on 29 December 2009 and promulgated by the King on 4 February 2010, contains 8 Chapters with 39 Articles. It provides clear procedures on acquiring private properties for national and public interests. Some of the Key Articles of the Law are listed below:

 Article 2: the law has the following purposes: (i) ensure just and fair deprivation of a legal rights to private property; (ii) ensure prior fair and just compensation; (iii) serve the national and public interests; and (iv) development of public physical infrastructure.  Article 7: Only the State may carry out an expropriation for use in the public and national interests.

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 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 or conduct any business.  Article 11: Before exercising any expropriation, the government shall prepare enough annual budgets, and grant adequate and timely fund to the Expropriation Committee at the request the MEF for compensating the owner of and/or holder of real right to the immovable property by the expropriation.  Article 12: an expropriation committee shall be established and headed by a representative from the Ministry of Economy and Finance (MEF) and composed of representatives from relevant ministries and institutions. The organization and functioning of the expropriation committee shall be determined by a sub-decree.  Article 16: Before proposing an expropriation project/program, the Expropriation Committee shall publicly conduct a survey with detailed description about the owner and/or rightful owner of the immovable property and other properties which might need compensation; and all other problems shall be recorded as well. In conducting this survey, the Expropriation Committee shall arrange a public consultation with the authorities at provincial, district and commune level, the commune councils and village representatives or the communities affected by the expropriation to give them clear and specific information and to have all opinions from all concerned parties about the proposed public infrastructure project/program.

5. Sub Decree No. 22 ANK/BK promulgated on 22 February 2018 on the Standard Operating Procedures (SOP) for Land Acquisition and Involuntary Resettlement for Externally-Financed Projects/Programs sets out the policies, regulations and procedures for carrying out land acquisition and involuntary resettlement that will apply to this subproject and to any other subprojects to be financed under the Program.

6. 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.

D. Other Relevant Laws and Regulations

7. MEF Sub-Decree No. 115 dated 26 May 2016 on promoting Resettlement Department to GDR provides mandate to the GDR to lead all resettlement activities including preparation of RP, implementing, and internal monitoring of the RP.

E. ADB Safeguards Policy

1. ADB Policy on Involuntary Resettlement

8. The objectives of the ADB SPS (2009) are to: (i) avoid involuntary resettlement, wherever possible; (ii) minimize involuntary resettlement by exploring project/program/subproject and design alternatives; (iii) enhance or at least restore the livelihoods of all DPs in real terms relative to pre-project/program levels; and (iv) improve the standards of living of the displaced poor and other vulnerable groups.

9. The involuntary resettlement safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of: (i) involuntary acquisition of land or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It also covers whether such losses and involuntary restrictions are full or partial, permanent or temporary.

10. ADB’s Involuntary Resettlement Policy principles include:

(i) Screen early to identify involuntary resettlement impacts and risks and determine the scope of resettlement planning through a survey and/or census of DPs, including a gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with DPs and affected local communities. Inform all DPs of their entitlements and resettlement options and ensure their participation in planning,

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implementation, monitoring and evaluation of resettlement and pay attention to the needs of 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 to receive and facilitate resolution of the DPs’ concerns. Support the social and cultural institutions of DPs and their host population. Where involuntary resettlement impacts, and risks are highly complex and sensitive, compensation and resettlement decisions should be prepared by a social preparation phase. (iii) Improve, or at least restore, the livelihoods of all DPs 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. (iv) Provide physically and economically DPs 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 project/program 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. (v) Improve the standards of living of the displaced poor and vulnerable group 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. (vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (vii) Ensure that DPs without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. (viii) Prepare a RP elaborating on DPs’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (ix) Disclose a draft resettlement plan, including documentation on the consultation process in a timely manner before project/program appraisal, in an accessible place and a form and language(s) understandable to DPs and other stakeholders. Disclose the detailed resettlement plan and its updates to all DPs and other stakeholders. (x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s/program’s costs and benefits. For a project/program with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project/program as a stand-alone operation. (xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the RP under close supervision throughout project/program implementation. (xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of DPs, and whether the objectives of the RP have been achieved by considering the baseline conditions and the results of resettlement monitoring and disclose monitoring reports.

2. Other Considerations 11. Indigenous peoples. ADB will screen all projects to determine whether or not they have potential impacts on Indigenous Peoples. For projects with impacts on Indigenous Peoples, an Indigenous Peoples plan will be prepared. The plan’s level of detail and comprehensiveness will be commensurate with the degree of impacts. The degree of impacts is determined by evaluating (i) the magnitude of the impact on Indigenous Peoples’ customary rights of use and access to land and natural resources; socioeconomic status; cultural and communal integrity; health, education, livelihood systems, and social security status; or indigenous knowledge; and (ii) the vulnerability of the affected Indigenous Peoples. 3. Reconciliation of RGC and ADB Policies

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12. A general overview about the ADB resettlement policy application in Cambodia has been provided in the Resettlement Framework of the Rice-SDP. Where there are discrepancies between the government laws, regulations and procedures relating to land acquisition and involuntary resettlement and ADB’s SPS, the laws, regulations and procedures and the SPS were adjusted for this subproject to establish a land acquisition and resettlement policy acceptable to both RGC and ADB. 13. Table 14 lists some specific land acquisition, resettlement and compensation related topics and items the subproject shall follow and apply. All the entitlements are based on the gap-filling measures identified as a result of the reconciliation of RGC’s laws and regulations and ADB’s SPS. 14. An overview of the Anlong Run Subproject’s compensation approached is shown in Table 1 below. Table 1: Subproject Specific Key-Components of LAR and Compensation RGC’s Legislations No. Key Issues relevant to Land ADB Policy Subproject Policy Laws 1 Eligibility for Illegal occupants are Those without titles to All AHs without any compensation and not entitled to land or any recognizable discrimination whether or not assistance does not compensation due to legal rights to land are land is owned are eligible for include AHs violation on declared eligible for resettlement resettlement assistance and without land title. land use plan; or if they assistance and compensation of non-land have constructed compensation or non- assets. without permit or have land assets. encroached on the Particular focus on improving demarcated for ROW Improve the standards of the standards of living of the or state land. living of the displaced displaced poor and poor and other vulnerable groups, including vulnerable groups, women. particularly women.

2 Voluntary Deed of Not compensated for Not covered in ADB’s Voluntary donation of land Donation portion of land donated SPS does not apply to Anlong Run for the subproject Subproject. However, during implementation of this RP, should voluntary land donation is required, the following will apply. (i) Donation of land shall not exceed 300m2 and should not affect the living standards of AHs. (ii) Vulnerable households shall be excluded particularly those who will lose more 10% of land. (iii) Land for donation shall apply only to households whose affected lands do not exceed 10% of land holdings. (iv) Households whose affected lands are more than 10% land holding shall be exempted from donating land. (v) Vulnerable households such as poor, households headed by women shall be exempted from donating land. (vi) The execution of the voluntary deed of donation be further strengthened by the Witness of the act to firm up the transaction, and

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RGC’s Legislations No. Key Issues relevant to Land ADB Policy Subproject Policy Laws observance of the protocol requirement

3. Land Valuation No defined policy. ADB’s policy requires An independent agency Practice of valuation of an independent land specialized in property land is based on the appraiser who has appraiser has been engaged to price of the subject working knowledge on conduct the RCS during DMS lands and based on property valuation and for the subproject which has willingness to sell and the methodology that the been used to determine the buy independent land unit rates of land for dependent appraiser will compensation under this RP. use is consistent with international practices and standards.

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Appendix 3: Resettlement Cost Study Report

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Appendix 4: Subproject Information Booklet (SIB)

Subproject Information Booklet in Khmer

កនផពផយពនពនគងន (SIB)

ទ : គងកមធ ភ ន យ ជ ប នយ កម -ង ធននង

នធភ ន (ADB) កម គ? ចមយ ពចកកមមយនយចជនទ ប ថធភន (ADB) មកកមកមបពននងន

កនកងខកពងធ ខបង នង ខពង កនផពផយពនពន គងភន (SIB) ននធងមផពផយយងប នងជនយ

បភបជនងយ ងផបពគងភនងន

ទ : ក ក ទទខ គ ងភ នង ន?

ចមយ កងធននទក នងនយម (MOWRAM) នបងយនគង (PIO)

មខនមយមនគង ជភ នគកមនកង

យផបធ ទទខនយផប

ង ផមង ធ នងមឈ ងផបយគង

ទ : គងង មនផបជនបយង ទ?

ចមយ កន គងចពននងភន នងបពនធផ កង បពនចពងមនបង ពមងពងកនងបងផច-

ពថង នងបងផផងទកកងបពន បនបផបកកង

បពនចពនបកនងទទនបងនបពពចពបនមទ កង ក កទទងផបយគង កនងទទនទងធ

នងទពមប មមជន ច បងបងនផកកម ន

នងមខប ម បងបធ ( នងចន មឈ)

បង/ចមន (ន មទនញ នង ងផង) មងកបមប .

គយង (គទទក, គនមគជនព, គនម

គមយ , គនមគជ នង គជនគច) .ក

ជ ន កងផង . នកមពកច នង . មកមធក មកច

ទ : នខ មកជន ញ បនបខ បង យគង?

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ចមយ បជននបយងងបពនចពន នងទទ

នងថមមជន នបងចនយ យផបផង

ទ នងផងមមជនច ពងទកមយទ គផ

កងបពនចពទពផផ កងបពនចពនបចថន បកបយបទពងមន

ទ : ខន ងជកកង គ ខ ចច ម ធ កង បពន ចពន នទ?

ចមយ កងផប នងកកងកងបននបពនចពន នទ ចមធ មទទយកផបជនពងងទនប បយចកយទក នង

ទក ពមងផយទទនមបងងពកម

ទ ទ ងនងផ ច ផ ងងយប យគង

ទ?

ចមយ គកង ផងងយនងបយគង នងនទ

ងមមជន នងកបមផងទ មងនផ ង មនម

ន កចញនទពមយ

ទ ច នងឈ ប ផ ផងយចមច ?

ច មយ បប កនងនគទកពខ មបមផមននង

គង ចកពងទ យមនចចន នងបផ មឈ

នមផងទ គងនងធទងមមជន

ទ ម ជន?

ចមយ កងទពម បយគង នងនឆបងន

មបចបននទពម ងននកយទកកជម កកងបនគងងន

ទ ច ធននទពម ប គមន យង យចមច ?

ចមយ ចធននទពមគមនប នងគធ ប យពក មយគមន បនកពន ងបមនថននង

ងញនច បកបនងនពចម បងមនចប

បងកច( កចពពឈគមន កចពចម

) គមនទពមនងនងមមជននងន

ផទកនងថនផពចម បកបមន

ទ កង ក ន ប ន កនង ក គងនងជយខ ចមច ?

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ចមយ ន ទពមផងទ ធបបទកនង នងមនច កន (ផថ, ផឈធ) នងទទនងមមជន ចង

ចកនកនងទទនកបមបកកជ ន

ទ នបម បប ច ជន គ ងផបធន ធ នងជនយង

?

ចមយ នកបមនងផជនចកយង កទកនង នង

កបងកកមបព% នផប

ទ ងមទពមធ ផមងនងធព?

ចមយ DMS គងមពកង 100% មចងកងកទពម

ងផបងមងធ ងកទនញ ងផង នងមឈ បង

បផនកងផបនទទទនងនងជនយផងទ នង ននបបពកមមបគចមនគងងនបប

យ ROW ននងកនង កមពននងននកន

កបងនគងនកកងទ 2 2017 កមពននងន

កងកនកងផបប កងផបនង ធមននង នជនងមនពកមព

ងងបនទទទនបនគងនងន

.. បភទន

បភទ បង/ផប បគ នទ ទទទន នន

1 បង បង បងន ផ

1.1 បង នចនន05 ងកមម មជនចន

ប បបន (ច គ ជននមកជន ចងកងបមន ច ងបង

ន ចបង ចនន គង 2 បងនផន 6552m បង នងន មព ងទក) កមទ ជនងយ បចប ព 3 ខមន

បចទពក

នងទទន

យគងង

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.. បភទន

បភទ បង/ផប បគ នទ ទទទន នន

គង

បងនងទក

ទនកងយព ខ បបពទទ

នង

នចនន 106 ពនងថ DMS នបក

គ យផ បងគន

ងបង ងចកកង ង យ មជនបទព យ

ផ មនមនធ RCS នកព យផ ទនផកងច យផកមទ ចននប ផ 93,015.80 m2 1.2 បងធន ធ នចនន 01 ជនយចកប

(ច បង គ បងយផ

% ក ចនង ងបង បនងក

ន នបង បងន យ ចទពង

ផ ទព ផចនន ផបកងកង 2 ម ប ) ប1470m កនងមកន គនង 5

នទចមកងកមធ កច

2 បង មឈ

2.1 មឈបផ នចនន 69 នមបផឈចនន គង

គង 84 មនងនងម បងនងជន

បងម មជន យផក ងមន ខ ម

ឈចនន 318 មមធម បប បចទក

ម យព ចនចង ងមឈ

កងបមន នងនយកចញ

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.. បភទន

បភទ បង/ផប បគ នទ ទទទន នន

នមមនមផឈមន ពនគង នង

បផចនន 234 មនង គង

នងមមជន បងនងទក

យផកមមធម ទនកងយព បបយព ខ បបពទទ

ចនចងកង នង បមន

2.2 បង នចនន 111 ន ចនន គង

2 យមនគ 98,667.80 m នងទទន បងនងទក

ព នព ងកងជនម ទនកងយព នប ពញញនក ខបបពទទន

ម RCS កង ង បមនទ 4 យផក

មទផនមកង ក

3 ប ង ផង

3.1 ងផប នចនន 03 ងកមម គង

ប បបន គ ជននមង បងនងជន

(ច ផក ងប ងផប ងមន ខ ម

មនប ន ង បចទក

ផ ន នចនន កបមមយក ងង

ចប ន ប 65,25 ថយយ = 33 នងន ពន

2 បប m គង នង

ន ង គង

ប ទ បងនងទក ច) ទនកងយព ខ បបពទទ

នង

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.. បភទន

បភទ បង/ផប បគ នទ ទទទន នន

ប3.2 បង នចនន 08 ងកមម គង

ខចទព គ ជននមង បងនងជន

ម ប បបន ងខច ងផប ងមន ខ ម

ងបប បចទក

បន ងង

នងន ពន

គង នង

គង

បងនងទក

ទនកងយព ខ បបពទទ

នង

4 បងជ ព / ច យបង បងបងន ផ

4.1 បង បង នចនន 01 បមក ជព

បងនផ % គ បគ គងផ ក ចនងន (ង ងបង ផចមកងកមធ ផបធន ធ) បងបងន កច ច បនជ

ផ យ កកម ជនយក កង មនគពន កកម នងកមធ ប ប ពនប កកម គ បកមធ

(a) កច

5 ជនយកបជនយង

5.1 បងផ នចនន 02 បមក

ប; ផប គ បគ

ន ជនកក គងផប នទទទន ជនកកនង នងយង នជ ចមកងកមធក ជនយង ជនយក ច

កងគ

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.. បភទន

បភទ បង/ផប បគ នទ ទទទន នន

បកមធ នទពទទន កច មយង

ង នគង

6 ចនទពងផប ប នក ង ពងង 6.1 ងផប គង នង ពនងបទ ប ងផប ទទន ជន បនបបគមក ន ប ងយព 4 ខ បចបញ នង ន មន បចទព នងញក ង កនង កខគង កងយ បបន ព 4 ខបបពប បយនគ បនប មន ង នបគមកញ នង

ងញក ងនព

មនពគង កងយ ព 4 គង នង

ទទនទ

ង កងមជន ប

កនងន

មយកចនម

បងថងន

6.2 ខច ក នងន នង មឈកង មយកចន កងពង មបងថងន ង (ផប ងប ប បងផកម ច ន) កកងមជន (ម នផផបង

កង ROW ប

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.. បភទន

បភទ បង/ផប បគ នទ ទទទន នន

ច) បក

ងពនងង ថ

ននងបមផ

បមយ

ខចកងកង a ង គគយង នងបធនធ ពកនងទទនកមធកច

មយប បភព: ទននយ DMS 2018 នងយកមជន

ទ នគងននងពមយខងចមចយផពន ចមយ ពបនងបនគង ពន នងផជន

បន ឃ មភម នងង គមនមន កចកកគមន កចបជ

ពប នងបព (i) មនព DMS (មផ

គនងន ធនងម) (ii) បបព DMS (មផបពទផ DMS

នងនបនយន) (iii) កងងបច ផនថនងទថ (កនជជជពមបផពងនង

ពននកបមនងនជនយកចពននបចង

ថ) នង (iv) បននននផនងថ

ពនទគងននងបញនកនផពផយពនពន

គងភន (SIB) យចកងផនងទថនងកប គ ទពប ADB ផនកងទថកនងនប ញយឃ /

មទទនចនងនកប គទពប ADB SIB

មយនធបចបនពនងបកបខយនផពផយគង

ផបនមយព DMS នធបចបនពបនមទបបព DMS នង RCS

ទ កងកខពនកព នបបចកទ បទ

កទងនងគង ខនទទ? Page | 70

ចមយ កនទបង បនបកន មនយពមក

ង ជមកងងទងញ កចទ បងមនទង នងគកមប ងយ យកក ប ង

ន កច

· កទ គងផបនងកកប ងបពកនគ

កមយផបកឃ កមគកមនកងយ

បនបពកចង ចងមនមនភ (NGO) មជយមប

ម NGO នងកកប ងយកក នងជនកងផប

នគកមយផបកឃ នគកមនន

ពកចផបកងម នទទកប ង បបពយព ថ

បនកងផបនកក ប ងមននទទង បនប

មនពញចនងចកមចកងកទ កប ននងប ន យក ក

· កទ យកនយព ថ កងយប ងម

នពញចកកពនង បនបប ងមនចយនកង

កនទ យកនងប នកនគកមយប ងកខ

· កទ គកមយប ងកខជបបជមយគប ង នង

ពមយកន គកមននងពនងញនង

ងម (DMS) យកមនផកង (IMO) កងកបច កងយ ព ថ បបពកកប ង គកមនចញចក មច យក

ចកចមងជន កមនផកង (IMO) គកមនកង (IRC) នង គងផប

· កចងយ បនបកងផប នកកប ងមនន ទទពនពគកមយប ង បនប មនពញចនង ច

កមច នងចប នកនខ នកចងយន យប ង បនបនគមយមនពញចចចក

មចបខ ចប នកនកខងនទ

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ចយ ផងកងយបងបចបនងនគងង

ញ បនបកបងនមចយឈក

ពគកបយប ងកខ នបងង ចន

យមកងងងម គងផបងមងទកមយ គ កមន

ងនងង ក កង ទ កទនង

ភខ គបន កម ម ចនភ មយខ

បនមនននគបនយកមនងងខ ក មក ន មយខ គនបន

បនមនកចនងខ ក គ មយខ បនយចបនងនខ ក ន ជម មយខ គជក

បនងខ គជក គជក ក មយខ

ភក គជក គជក ក ជ មយកថ

មឃកពន គជក ក ខ ជ មយឃនងន

មយឃ ក ឆ ផ មភមកពន គជក ក បនធន

ន ធ ចប: បន គងមននទទងពគកបយ

ប ងកខ មនពញចយផកនយនពមពងកង ផនយផប (RP) នងយកងនខ

នគកចងយបយកប ង នងធចក

មចយកកនងប នចបចមងកងធននទកនងនយម យ គបងគង នគកមបយផបកខ/គក

នកងបយផប យនងគងផប បនប

គមយមនពញចនងនចយបខ ចយកកន

នខ គកមនកងយផប (IRC) ងកង

កចនងនងន ចកចប យនយប ងទកនងច ទទនងយបពទទងផបយនចយ

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, បនបកនបនមនងផប មកទងមកយងខម (I) មនធននទកនងនយមខ

នគកមយផបខកពងធ

(II) កងធននទកនងនយម (MOWRAM)

យគបគងគង (MOWRAM-NIO)-RICE-SDP

ខ 47 មថនមជនភពញបទកម ទព : 855 16/17-877 079, ម : [email protected]

(III) គកមនកងយផប

គយកនយផបយគងភន

កងកច នង (ភពញ) ទព / ទ : 023 42 66 82

(IV) ធភន

មថមច ផខ 268 ចមខ ខនពញ

ជនភពញ បទកម ទពខ (855) 23215 805 ទ : (855) 23 215 807

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SUBPROJECT INFORMATION BROCHURE (DRAFT) in English

1. QUESTION: What is the Asian Development Bank (ADB) Cambodia, Climate Resilience Rice Commercialization Sector Development Program (Rice SDP)?

ANSWER: The Royal Government of Cambodia (RGC) Through the Government Rectangular Policy stage II proposes to use funds from the Asian Development Bank (ADB) to enhance the improvement of the Irrigation Scheme and Rice Mill in Kampong Thom, Battambang and Prey Veng province, and contribute to better quality, coverage This Subproject Information Brochure (SIB) is to make the awareness to the Affected Households (AHs) who affected by this program.

2. QUESTION: Who is responsible for the Program/Subproject?

ANSWER: The Ministry of Water Resource and Meteorology (MOWRAM) has established a Project Implementation office (PIO) in each province to implement the project. The RGC represented by the Inter-Ministerial Resettlement Committee (IRC) will implement the Resettlement Plan (RP) for affected land and non-land assets.

3. QUESTION: Does the Subproject give the advantage for our group?

ANSWER: Yes, this subproject will rehabilitate and make better quality of land field in the irrigation scheme in the rainy season with expending and more supply the water in the scheme. If your rice field in the existing irrigation system you will get more irrigate system. In case, the subproject affects the DPs, DPs will be entitled to compensation base on replacement cost depending on types of impacts/losses for different types of assets including loss of land (productive/agricultural, residential and commercial), loss of use of land (standing and perennial crops, fruit trees, businesses), loss of building/structure (residential, commercial, and other structures), and loss of income or livelihood (loss of income during transition period, permanent loss of source of livelihood).

4. QUESTION: What if my land will be affected by the Subroject?

ANSWER: Acquired privately owned land will be compensated at replacement cost because the land will be permanent lost and other affected will be compensate at the same replacement cost which is market value plus transaction costs. Land within the existing right of way will not be compensated. However, those losing use of productive farming land within the road right of way will be entitled to assistance. for loss of land use of productive land.

5. QUESTION: If my family member can be worked with the Irrigation Subproject.

ANSWER: The affected households and farmers in the irrigation scheme entitled to work with this subproject to get the advantage from the dike, Irrigation Canal, and road construction with the food for work. 6. QUESTION: Does compensation apply to my affected houses or structures?

ANSWER: Yes. Houses and structures that will be affected by the subroject shall be compensated at replacement cost without deduction for depreciation or salvageable materials. Partially affected houses will be compensated for the lost affected portion as well as repair costs. Other structures (e.g. fences, eaves, and concrete yards) will also be compensated at replacement cost.

7. QUESTION: What about my crops and trees?

ANSWER: For annual crops, affected persons will be given advance notice that the land on which their crops are planted will be used by the subproject and that they must harvest their crops in time. Affected persons will be compensated for the loss of fruit and non-fruit trees at replacement value.

8. QUESTION: W hat about Replacement Cost? P ublic property resources?

ANSWER: Is the compensation to affected assets which affected by the subproject. The

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replacement cost has been studied by the independent agency to limit the compensation for subproject implementation.

9. QUESTION: How to be solved for affected our community assets? ANSWER: The affected community assets will be changed by consultation with community or intertwined status. The building or structures such as bridge will rehabilitate as original or better condition. For losing the income (e.g income from the community forest, fishery pound) the community owned will be compensated with the replacement cost or give the new place with the same productive or similarly. 10. QUESTION: In case there will be relocation of houses or businesses, how can the Subproject help me rebuild my house during relocation?

ANSWER: Houses or assets which is needed to pull down or relocation and cannot move back (brick house, big wooden house) will be compensated with the replacement cost. For the structure can be moved you will be compensated for moving back and transportation. 11. QUESTION: How is the allowance for serious affected family and vulnerable? ANSWER: The allowance for vulnerable those who with 10% or more loss of agriculture land or income generating assets.

12. What is the Detail Measurement Survey (DMS) and when will it be conducted? ANSWER: The DMS is a detailed survey of 100% of affected persons to document all affected assets including land, houses, shops, other structures, crops and trees. It establishes the official list of affected persons who are eligible for compensation and other assistance. It will be conducted after detailed engineering for subproject infrastructure components is completed, and the ROW has been marked on the ground. The activity will be carried out early in the subproject implementation stage in second quarter of 2017. The activity will only be carried out in the presence of the affected persons. The affected persons and the local authorities will be informed prior to the activity. Given that the DMS has been conducted the entitlement matrix is summarized in the table below.

Summary of Entitlement Matrix for Anlong Run Subproject Cat Type of Eligible Persons Entitlements Implementation Issues No. Loss/Impact 1 Loss of Private Land 1.1 Marginal loss 5 AHs owners with Cash compensation of loss of private Unit rates of replacement (i.e. land is still legal or legalizable/ land at full replacement cost. value are shown in Appendix economically viable recognized right will 3 as determined under RCS. lose 5,652.00m2 of for use or meets the AHs will be notified 3 private land. expected yield). months in advance of the actual date that the land will be acquired by the subproject AHs will keep the land vacated within one month after receiving the compensation. 106 AHs non-legal No compensation for loss of land. DMS confirmed the loss and users will lose Cash compensation at replacement that no structures on the rice 93,015.80 m2 cost for non-land affected assets fields

government owned RCS identified the yield/ha rice land based on the market price 1.2 Severe Loss (i.e. loss of 01 AH non-legal Cash assistance for permanent loss 10% or more of the users will be of land use equivalent to the net total productive assets) affected by the loss income from the affected land of 1470.00m2 of during the immediate past year rice land use multiplied by 5 years

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Cat Type of Eligible Persons Entitlements Implementation Issues No. Loss/Impact Entitled to take part in the income restoration program 2 Loss of Productive Trees and Crops 2.1 Fruit trees 69 AHs regardless 84 fruit trees will be compensated All AH will be notified at least of tenure status will at full replacement cost, based on three months before the civil be affected by loss average annual value of the work, and of 318 fruit and product multiplied by five years as AHs will keep the land non-fruit trees determined under the RCS in vacated within one month Appendix 3. after receiving the compensation payments. 234 non-fruit trees will be compensated at full replacement cost based on the unit rates determined under RCS in Appendix 3

2.2 Standing Crops 111 AHs regardless 98,667.80 m2 of rice plantation AHs will keep the land of tenure status will be compensated at full vacated within one month replacement cost as determined after receiving the under the RCS in Appendix 3 compensation payments. based on the locally prevailed market prices 3. Loss of Structures 3.1 Marginal impact 3 AHs owners with Cash compensation at AHs will remove their (i.e. unaffected legal right will lose of replacement cost for the entire structures from the portion of the Main Structures of structure. subproject areas within one 2 house and stall are 65.25 m . month after receiving still viable for use One-time cash assistance per compensation and no relocation household to shift back = $33 Required). AHs will keep the land Loss of or 8 AHs owners with vacated within one month Damage to assets. legal / recognized after receiving the right will lose of compensation payments. Secondary Structures 4 Loss of Livelihood / Income due to Loss of Productive Land 4.1 Loss of 10% or One-time cash assistance of $200 Livelihood Restoration more of total 01 AH of severely per household or productive assets AHs are entitled to Participate in Income (Severely affected) (a) the IRP Restoration Program such as agricultural enhancement program and agricultural training program.

5 Vulnerable Cash Assistance 5.1 Loss or impact; One-time cash assistance of $100 significant impacts on 02 AHs of poor and per vulnerable AH. poor and vulnerable vulnerable AHs are AHs entitled to the IRP(a) Entitled to take part in the income restoration program. Priority for employment in the subproject construction works. 6 Temporary affected properties during construction 6.1 Temporary affected Owner of temporary PMU should monitor and reflect No compensation for land if land affected land in the safeguard quarterly report. returned to the legal owner and the

land restored to pre-project AHs will be notified 4 months

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Cat Type of Eligible Persons Entitlements Implementation Issues No. Loss/Impact condition within 4 months after in advance of the actual date use. If land is not returned and that the land will be restored to the pre-project temporarily used or affected by condition within 4 months, the AH the subproject will receive compensation at replacement cost for the land Contractor will be required by contract to pay these costs 6.2 Damage to crops and Owners of crops PMU should monitor and reflect Contractor will be required by trees during in the safeguard quarterly report. contract to pay these costs construction (temporary impact) Compensation for lost production Construction and maintenance in cash at replacement cost (value will be carried out so as to of lost production within ROW or minimize damage for access) for the period of construction or maintenance. Construction will be required by Contractor to stay within the This will be a minimum of one COI harvest where damage occurs during cropping season As part of the civil works contract, all access roads/driveways to properties adjacent to the road will be repaired or replaced including culvert and other facilities, to a condition equal or better than the present. The disruption period will be minimized as much as possible a Denotes that AHs are poor vulnerable and severely affected. Hence counted as single AH entitled for IRP. Source: DMS Data 2018 and Replacement Cost Study Report 13. QUESTION: How will the subproject consult with me and provide information?

ANSWER: Public consultation will continue throughout the subproject cycle. Regular information will be provided to the sangkat/commune offices, village chiefs and local community-based organizations as well as other culturally recognized community leaders. Public consultation meetings will take place (i) prior to the conduct of the DMS (to advise survey schedules and procedures), (ii) following the DMS (to advise of DMS results and proposed mitigation measures), (iii) during preparation of the updated resettlement plan (to identify appropriate livelihood restoration measures, advise of compensation rates and details of allowances and assistance measures as well as details of resettlement arrangements); and (iv) on-going through implementation of the resettlement plan. Furthermore, the s u bproject will publicly disclose the SIB, and the draft resettlement plan will be uploaded on ADB website. The updated resettlement plan will also be disclosed in commune/sangkat office for public access, and uploaded on ADB’s website. A SIB was updated and translated to Khmer and disseminated to each affected household at the time of DMS. It has been further updated after DMS and RCS.

14. QUESTION: If problems arise during subproject implementation such as compensation, technical, and other subproject- related issues, do I have the right to voice my complaint? ANSWER: Yes. If the affected person is not clear about or not satisfied with the compensation package offered or, if for any reason, the compensation does not materialize according to the agreed schedule, the affected person has the right to lodge a complaint. The grievance redress mechanism consists of a four-stage process as follows:

First stage: AHs will present their complaints and grievances verbally or in writing to the village or sangkat/commune chief or IRC working group. The receiving agent will be obliged to provide immediate written confirmation of receiving the complaint. If after 15 days the aggrieved AH does

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not hear from the village or sangkat /commune chief or the working groups, or if he/she is not satisfied with the decision taken in the first stage, the complaint may be brought to the District Office.

Second stage: The District Office has 15 days within which to resolve the complaint to the satisfaction of all concerned. If the complaint cannot be solved at this stage, the District Office will bring the case to the Provincial Grievance Redress Committee, satisfaction of all concerned. If the complaint cannot be solved at this stage, the District Office will bring the case to the Provincial Grievance Redress Committee.

Third stage: The Provincial Grievance Redress Committee (PGRC) meets with the aggrieved party and tries to resolve the complaint. The Committee may ask for a review of the DMS by an external monitor (EMO). Within 30 days of the submission of the grievance, the Committee must make a written decision and submit copies to the MPWT, EMO, PRSC/IRC and the AH. The composition of the PGRC is provided in the Table below. The AHs are register their grievances through the focal contact points at each level. Title and Agency Representative Name of Representative H.E. Cheam Chan Provincial Governor – Chair C/o Provincial office Sophaon Director of Provincial Department of Land Management, Urban Planning and Construction - Vice Mr. Mok Sophannara C/o Provincial office Chair Director of Provincial Department of MEF - Member Mr. Ky Serey C/o Provincial office Chief of Provincial commissioner - Member Col. Mr. Ear Vutha C/o Provincial office Chief of Provincial Commander of Military Police - Col. Mr. Orn Chri Sao C/o Provincial office Member Mondul District Governor - Member Mr. Ly Dy Chury C/o Thmor Korl district C/o Anlong Run Relevant Commune Chief - Member Mr. Khiev Reach commune Mr. Chhov Phal C/o Anlong Run Relevant Village Chief - Member Mr. Ith Bunthoeun commune

Legal Procedures: If the aggrieved AH does not hear from the PGRC or is not satisfied based on the agreed policy in the RP, he/she will bring the case to Provincial Court. This is the final stage for adjudicating complaints. The Court w i l l make a written decision and submit copies to MOWRAM, PMO, PRSC/IRC and the AH. If any party is still unsatisfied with the Provincial Court judgment, he/she can bring the case to a higher-level court. The IRC representing the Ministry of Economy and Finance will implement the decision of the Court. The Grievance Redress Mechanism will be readily accessible to the affected people at no costs and without retribution.

15. If you have further queries and suggestions, please contact us at:

(i) Provincial Department of Water Resource and Meteorology Provincial Resettlement Sub-Committee in Battambang province

(ii) Climate-Resilient Rice Commercialization Sector Development Program (RICE-SDP), Ministry of Water Resources and Meteorology (MOWRAM), Program Management Office (MOWRAM-NIO) #47, Norodom Blvd, Phnom Penh Cambodia Tel: 855 16/17-877 079, Email: [email protected]

(iii) Inter-Ministerial Resettlement Committee (IRC), General Resettlement Department, Ministry of Economy and Finance (Phnom Penh) – Tel/Fax: 023 42 66 82

(iv) Asian Development Bank Cambodia - Resident Mission 29 Suramarit Blvd, St. 268, Sangkat Chaktomuk, Khan Daun Penh, Phnom Penh, CAMBODIA, Tel: (855) 23 215 805, Fax: (855) 23 215 807

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Appendix 5: Establishment Committee Decision

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