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Involuntary Resettlement Assessment and Measures SRI: Sustainable

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Involuntary Resettlement Assessment and Measures SRI: Sustainable Involuntary Resettlement Assessment and Measures Resettlement Plan Document Stage: Draft for Consultation Project Number: 39415 August 2010 SRI: Sustainable Power Sector Support II Project Prepared by the Ministry of Power and Energy The 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. Sustainable Power Sector Support II Project (RRP SRI 39415) DRAFT RESETTLEMENT PLAN Sustainable Power Sector Support II Project SRI 39415 July 2010 Prepared by the Ministry of Power and Energy Government of Sri Lanka The Resettlement Plan is a document of the Borrower. The views expressed herein do not represent those of ADB’s Board of Directors, Management or Staff, and may be preliminary in nature due to the developmental stage of the Project. Sustainable Power Sector Support II Project SRI 39415 TABLE OF CONTENTS A. EXECUTIVE SUMMARY 1 B. PROJECT DESCRIPTION 1 1. Overview 1 2. Project Components 1 C. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4 1. Impact on Permanent Land Acquisition 4 2. Temporary Impact on Loss of Crop/Trees 4 D. SOCIOECONOMIC INFORMATION AND PROFILE 7 E. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 8 1. Public Consultation 8 2. Information Disclosure 9 3. Continued Consultation and Participation 9 F. GRIEVANCE REDRESS MECHANISMS 10 G. LEGAL FRAMEWORK 10 H. ENTITLEMENTS, ASSISTANCE AND BENEFITS 11 1. Eligibility 11 2. Entitlements 11 I. INCOME RESTORATION AND REHABILITATION 13 J. RESETTLEMENT BUDGET AND FINANCING PLAN 13 1. Compensation 13 2. Assistance 13 3. RP Implementation and Support Cost 13 K. INSTITUTIONAL ARRANGEMENTS 14 L. IMPLEMENTATION SCHEDULE 15 M. MONITORING AND REPORTING 15 ANNEXURE-1: DETAILED DESCRIPTION ON PROJECT COMPONENTS ANNEXURE-2: CENSUS QUESTIONNAIRE ANNEXURE-3: BASELINE SOCIO-ECONOMIC QUESTIONNAIRE ANNEXURE-4: FINDINGS OF THE BASELINE SOCIO-ECONOMIC SURVEY ANNEXURE-5: SUMMARY DETAILS OF THE CONSULTATIONS ANNEXURE-6: BRIEF OVERVIEW OF VARIOUS RELEVANT POLICIES ANNEXURE-7: MONITORING INDICATORS AND SAMPLE FOR STATUS REPORT Draft - August 2010 Page i Sustainable Power Sector Support II Project SRI 39415 LIST OF ABBREVIATIONS ADB - Asian Development Bank AP - Affected Persons BoI - Board of Investment CEB - Ceylon Electricity Board CPS - Country Partnership Strategy EA - Executing Agency FGD - Focus Group Discussion GoSL - Government of Sri Lanka GRC - Grievance Redressal Committee GRM - Grievance Redress Mechanism HH - Households IA - Implementing Agency ID - Identity Cards IP - Indigenous People IR - Involuntary Resettlement LAA - Land Acquisition Act LKR - Sri Lankan Rupees MLLD - Ministry of Land and Land Development MoPE - Ministry of Power And Energy NIRP - The National Involuntary Resettlement Policy PEA - project executing agency PIU - Project Implementation Unit PUCSL - Public Utilities Commission of Sri Lanka Act RoW - Right of Way RP - resettlement plan SIA - Social Impact Assessment SLSEA - Sri Lanka Sustainable Energy Authority SPS - Safeguard Policy Statement - Draft - August 2010 Page ii Sustainable Power Sector Support II Project SRI 39415 A. EXECUTIVE SUMMARY i. The Sustainable Power Sector Support II Project (The Project) is comprised of various components including the construction of new substations, upgrading of existing substations, construction of new transmission lines, strengthening of new circuits, installation of machinery and equipment, among other things, with the financial assistance of the Asian Development Bank (ADB). The Government of Sri Lanka’s (GoSL) Ministry of Power and Energy (MoPE) is the Executing Agency (EA), whilst the Ceylon Electricity Board (CEB) is the Implementing Agency (IA) for the transmission and distribution components. Additionally, Sri Lanka’s Sustainable Energy Authority (SLSEA) is the IA for the Energy Efficiency and Renewable Energy components. The proposed project will assist GoSL to develop economically viable and environmentally and socially sustainable project components: (i) transmission system strengthening to further improve energy efficiency and enable rural electrification; (ii) rural distribution system improvement in the Eastern and Uva Provinces to increase grid access and rural household connections to impoverished areas, many of which have been affected by conflict in recent years; and (iii) energy efficiency and renewable energy component. ii. The Resettlement Plan (RP) for the Sustainable Power Sector Support II Project has been prepared in accordance with the requirements of the ADB Safeguard Policy Statement (SPS), 2009, the GoSL’s National Involuntary Resettlement Policy (NIRP),2001 and the Land Acquisition Act (LAA) of 1950 (with amendments). The RP describes the level of impact caused by land acquisition due to the construction of the subproject components and identifies the compensation and rehabilitation measures for Affected Persons (AP). iii. Minimum land acquisition is required for the Project which is expected in one substation site. An assessment of land acquisition and resettlement has been carried out for the Project and its components. Physical displacement is not required for the transmission, distribution or energy efficiency components. The grid substations proposed for the project will mainly be built on existing government land. The substation at Vavunativu1 is the only facility that will require the acquisition of 2 Hectares (Ha) of private land, amounting to approximately 4% of the landowner’s land hold. The construction of transmission lines will not entail land acquisition or resettlement impacts. However, temporary impacts are foreseen on crops during the implementation and construction of the Project. A preliminary assessment has been carried out to calculate the approximate area of land to be considered for crop compensation due to the likely construction of the transmission lines. The assessment suggests that up to 302 Ha of private agricultural land could be temporarily affected due to damages caused to crops during the construction phase. This could potentially affect approximately 325 households, who own land along this stretch. iv. Consultations were held with relevant Government officials (CEB, MoPE, SLSEA, Land Department etc) during the Project planning and preparation phase. Consultations were also carried out with Project affected peoples and other interested stakeholders in the local community. Focus Group Discussions (FGD) were conducted with the local community at 46 locations with a total of 405 participants across different project locations. Timely information will be disseminated to Project affected stakeholders during the disclosure of resettlement planning documents. Resettlement information leaflets, containing information on compensation, entitlements and resettlement management provisions adopted by the Project, will be made available to affected stakeholders in the local language (Sinhalese). A summary of the RP and a copy of the entitlement matrix will be translated into the local language; and made available to affected stakeholders at CEB offices. The RP will also be disclosed on the EA/IA and ADB websites. Consultations with project affected stakeholders will be ongoing through out the entire project cycle as necessary. v. A grievance mechanism (GM) will be implemented to address any project-related concerns of APs. Grievances will first be first redressed as per the Public Utilities Commission of Sri Lanka (PUCSL) Act. Grievances not addressed as per the standard PUCSL Act will be brought to the Grievance Redress Committee (GRC). The GRC will consist of representatives from the APs, CEB, SLSEA, MoPE, Divisional Secretary, Land Officer under each Divisional Secretary, field level staff, and local community. The GRC will meet on a monthly basis (if grievances are brought to the Committee) to determine the merit of each grievance, and resolve grievances within a month of receiving the complaint. Unresolved grievances will be referred to a court of Law for redressal. vi. The policy framework and entitlements for the Project are based on the GoSL’s Land Acquisition Act (LAA), 1950, the National Involuntary Resettlement Policy (NIRP), 2001 (NRRP); and ADB’s Safeguards Policy Statement 2009. Based on the above policies, the following core involuntary resettlement principles 1 Advance action is being taken further by CEB where in CEB is currently in the process of getting a government land for Vavunativu substation following which there will be no requirement for private land acquisition and hence no resettlement impact will be occurred. Draft – August 2010 Page 1 Sustainable Power Sector Support II Project SRI 39415 have been adopted for the Project: (i) land acquisition and other involuntary resettlement impacts will be avoided or minimized by exploring all viable alternative project / component designs; (ii) time-bound resettlement plans (RPs) will be prepared and milestones and assistance will be provided to APs to ensure that they’re standard of living and livelihoods are maintained or improved as a result of the Project; (iii) ensure ongoing consultation with APs on compensation issues; timely disclosure of resettlement information; and inclusive participation of APs through out the planning and implementation phases of development; (iv) vulnerable and disadvantaged groups, including women headed households, will be provided with special assistance; (v) APs, including non-titled persons (e.g., informal dwellers/squatters,
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