Land Acquisition and Compensation Report
September 2017
Lao People’s Democratic Republic: Greater Mekong Subregion East-West Economic Corridor Agriculture Infrastructure Sector Project
Prepared by the Department of Irrigation, Ministry of Agriculture and Forestry and the Asian Development Bank.
This land acquisition and compensation report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.
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ANNEX 7 Land Acquisition and Compensation Plan Keng Houat Subproject
(Revised – September 2017)
Prepared by National Project Management Office
Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
TABLE OF CONTENTS
Selected Acronyms iii
Executive Summary ...... 5 1.1 The Project ...... 5 1.2 Subproject Keng Houat ...... 5 1.3 Land Acquisition and Mitigation Requirements ...... 6 1.4 Disclosure, Consultation and Participation, And Grievance Mechanisms ...... 7 1.5 Planning, Implementing and Monitoring ...... 8 1.6 Conclusions ...... 10 1.7 Reporting Notes ...... 10 Project Description ...... 11 2.1 The Project ...... 11 2.2 Phase II Subproject ...... 12 2.3 Keng Houat Subproject ...... 12 2.3.1 Present Condition and Characteristics of the Scheme ...... 14 2.3.2 Improvements ...... 16 Scope of Land Acquisition and Resettlement ...... 21 3.1 Permanent Land Acquisition ...... 21 3.2 Temporary Land Acquisition ...... 22 3.3 Temporary Loss of Access to Irrigated Water During Construction ...... 22 3.4 Affectedness ...... 27 Socio-Economic Information and Profile ...... 27 4.1 Socio-Economic Baseline...... 27 4.2 Social Impact ...... 31 4.3 Socio-Economic Survey of Affected Households...... 33 Information Disclosure, Consultation and Participation ...... 37 5.1 Requirements ...... 37 5.2 Achievements ...... 37 Complaints and Grievance Redress Mechanisms...... 40 6.1 Requirements ...... 40 6.2 Grievance Redress Mechanism ...... 40 6.3 Achievement ...... 42 Legal Framework ...... 43 7.1 Lao Requirements ...... 43 7.2 ADB Regulations ...... 44 7.3 Agreed Key Principles ...... 44 Entitlement, Assistance and Benefits ...... 47 8.1 Entitled Affected People ...... 47 8.2 Loss of Assets and Resources ...... 50 Type of Loss ...... 50 Entitled AHs ...... 50 Mitigation Measures ...... 50 Implementation Issues ...... 50 . Loss of Land...... 52 . Loss of Houses and Other Structures ...... 52
i Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
. Loss of Crops and Trees ...... 52 . Loss of Access ...... 52 . Loss of Common Property Resources...... 53 8.3 Relocation of Housing and Resettlement ...... 53 8.4 Income Restoration and Rehabilitation ...... 53 8.5 Allowances ...... 53 8.6 Special Assistance ...... 53 Resettlement Preliminary Budget ...... 54 9.1 Preliminary Land Acquisition Cost Estimate ...... 54 9.2 Land Acquisition Budget ...... 54 Institutional Arrangement ...... 56 10.1 Project Management Structure ...... 56 10.2 National Project Management Office ...... 57 10.3 Provincial Project Management Office ...... 57 10.4 District Coordination Office ...... 58 10.5 Ministerial Executing and Implementing Agencies and Their LACP Roles ...... 58 10.6 Introduction into LACR Aspects ...... 59 Implementation Schedule ...... 60 Monitoring and Reporting ...... 62 12.1 Internal Monitoring and Evaluation ...... 62 12.2 External Monitoring and Evaluation ...... 62
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Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
LIST OF TABLES
Table A7.1: Distribution of beneficiaries shared command areas of existing Keng Houat irrigation Scheme ...... 12 Table A7.2: Dry Season Rice Cropping 2015-2017 (Keng Houat Irrigation System) ...... 13 Table A7.3: Preliminary Inventory of Loss, Keng Houat Sub Project – Land ...... 23 Table A7.4: Preliminary Inventory of Loss, Keng Houat Sub Project – Other Assets ...... 25 Table A7.5: Summary of Affected Assets, Number of Households and Severity of Impacts 26 Table A7.6: Social Profile of both Subproject Villages ...... 27 Table A7.7: Population Distribution by age ...... 28 Table A7.8: List of Affected Households, Keng Houat Subproject ...... 33 Table A7.9 Subproject’s Summary of Main Findings of SESAH ...... 35 Table A7.10: Project Main Steps of Grievance Redress Mechanisms ...... 40 Table A7.11: Agreed LACP Key Principles of Project ...... 44 Table A7.12: Project Main Components of Compensation Approaches ...... 45 Table A7.13: Project Categories of Entitled Affected People ...... 47 Table A7.14 Project’s Entitlement Matrix ...... 47 Table A7.15: Subproject’s Entitlement Matrix ...... 50 Table A7.16: Land Acquisition and Compensation Cost Estimation ...... 54 Table A7.17: Keng Houat Subproject’s Land Acquisition and Compensation Budget ...... 55 Table A7.18: Status of Performed/Scheduled Activities of Keng Houat Subproject ...... 61
LIST OF FIGURES
Figure A7.1: Project Provinces and Subproject District ...... 14 Figure A7.2: Impressions from Keng Houat existing irrigation scheme ...... 15 Figure A7.3: Subproject Concept Engineering Design Layout Keng Houat Irrigation Scheme ...... 18 Figure A7.4: Concept Engineering Design: Schematic Layout ...... 18 Figure A7.5: Typical cross sections of each canal ...... 19
ATTACHMENTS
Attachment A7.1: Definition of key terms Attachment A7.2: Fact finding and screening Attachment A7.3: Summary of socio-economic surveys of AHs Attachment A7.4: Vulnerable Household Attachment A7.5: Consultation, coordination and surveys Attachment A7.6: Social Safeguard training Attachment A7.7: Inventory of Loss Attachment A7.8: Khongxedon District, compensation unit rates Attachment A7.9: Khongxedon District, village grievance committees Attachment A7.10: Project Compensation Agreement Form Attachment A7.11: Applied Questionnaires Preliminary Measurement Survey (PMS) and Socio-economic Survey Affected-Households (SESAH) Attachment A7.12: Specimen Grievance Redress Mechanism, Grievance Register
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Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
SELECTED ACRONYMS ADB Asian Development Bank AH Affected Household AP Affected Person CEF Compensation and Entitlement Forms COI Corridor of Impact DAFO District Agriculture and Forestry Office DCO District Coordination Office DMF Design and Monitoring Framework DMS Detailed Measurement Survey DOI Department of Irrigation EA Executing Agency EMP Environmental Management Plan EWEC East-West Economic Corridor GOL Government of Lao PDR GRC Grievance Redress Committee GRM Grievance Redress Mechanism HH Households IOL Inventory of Loss LAK Lao Currency Unit kip Lao PDR Lao People's Democratic Republic LAC Land Acquisition and Compensation LACP Land Acquisition and Compensation Plan LARC Land Acquisition, Resettlement and Compensation LIC Loan Implementation Consultants MAF Ministry of Agriculture and Forestry M&E Monitoring and Evaluation NGO Non-Government Organization NPMO National Project Management Office NPSC National Project Steering Committee NTFP Non-Timber Forest Product O&M Operation and Maintenance PAFO Provincial Agriculture and Forestry Office PIB Public Information Booklet PMS Preliminary Measurement Survey PPMO Provincial Project Management Office PPSC Provincial Project Steering Committee PPTA Project Preparation Technical Assistance RCS Replacement Cost Survey RF Resettlement Framework RP Resettlement Plan ROW Right of Way SESAH Socio-Economic Survey of Affected Households SPS Safeguards Policy Statement WUG Water Users Group
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Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Executive Summary 1.1 The Project 1 The proposed Project supports the continuing transition of the East West Economic Corridor (EWEC) from a transport into an inclusive economic growth corridor. It is designed to stimulate rural development, access to markets, poverty reduction and improved rural livelihoods. The profitability of smallholder farming in the two target provinces of Savannakhet and Salavan would be increased by improving agriculture infrastructure, enabling communities to respond to EWEC market signals by: increasing the intensity and diversity of agricultural production; providing quicker and safer access to markets, employment opportunities, and social services; reducing costs of rural production and marketing, and the loss and wastage of perishable crops. The proposed improvements would include rehabilitation of existing moderate-scale irrigation systems, rehabilitation and upgrading of agricultural access roads between villages and farms and access roads linking to the national highway network. 2 In general, the subprojects are selected with the Project’s participating provinces, using agreed eligibility criteria. The location and scope of subprojects take into account potential land acquisition and resettlement impacts with the eligibility criteria limiting selection to those subprojects with insignificant resettlement. Subprojects considered to have significant impact1 would be ineligible under the eligibility criteria of the proposed subproject. 1.2 Subproject Keng Houat 3 The Keng Houat subproject is located in Khongxedon district, Salavan province, at a distance of about 16 km south of Khongxedon District Center and 82 km from Salavan Provincial Capital through Road 15 and Road 13 South which are passable all year round by all types of vehicles. The scheme water source is the Xe Don River which is a perennial river and the water source appears assured. The potential demand for Keng Houat has been estimated at 3.6 million-m3 per year. 4 The irrigation scheme was originally constructed in 1998 through a joint initiative between the Provincial Agriculture and Forestry Office (PAFO), and the local Water User Group (WUG). The irrigation scheme is a pumped scheme served by a station operating from a moored pontoon located on the Xe Don River. 5 The existing Keng Houat Floating Pontoon Pumping Irrigation System benefits currently directly 110 households (638 people) from 6 villages of the area. The majority beneficiaries from the irrigation system reside in Keng Houat Village (73 HHs), Na-Theun Village (11 HHs), Xa-o/Nathan-Xe Village (7HHs), and Na Phou Lao Village (6HHs), Nong Hoy (1HH) and Na Dane (4HHs) villages 6 The improvements include (i) the relocation of the pump station downstream of the existing location and away from a residential area, a new pump station with connection to the national power grid, construction of a new rising main to a stilling basin, (ii) the construction of a new lined canals main, secondary,
1 Significant as defined by ADB in “Involuntary Resettlement Safeguards: A Planning and Implementation are defined as (i) Good Practices Sourcebook” (2012) means: 200 or more people experience major impacts, which being physically displaced from housing, or (ii) losing 10 per cent or more of their productive (income generation) assets.
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tertiary and field canals along with water control structures, (iii) Irrigation service roads for access to farm land and for operation and maintenance of the system alongside the canals, (iv) the rehabilitation with concrete pavement of the access road from Na-Theun village across the head of the command area and through Keng Huoat village to National Road 13 South. 7 Scheme rehabilitation would increase the command area to 227 ha through the construction of new canals with related water control structures. The rehabilitation plan is aimed at improving the efficiency of the water distribution network and extending the network to irrigate land to the east, west and south of the existing command area and bring an additional 165 ha into production. In general, the subproject improvement will mainly involve rehabilitating existing infrastructures footprint, and additional widening activities. Therefore, requiring some land acquisition. 1.3 Land Acquisition and Mitigation Requirements 8 On completion of the Technical/Engineering survey three concept engineering design layouts discussed in the field survey were mapped along with two pump station options and presented at the Wrap-up Meeting in Keng Houat Village attended by local stakeholders. The choice of layout and head works location were confirmed in writing on 23rd February 2016 after internal stakeholder discussion. Following the selection of the preferred concept engineering design layout by the farming community, a preliminary measurement survey (PMS) was carried out during the 25 August – 5 September 2016 to confirm that acquisition of private land is necessary. The concept engineering design would lead to losses of productive land including rice paddy, farm huts and trees. 9 Rehabilitation works of the Keng Houat subproject would result in:
(i) Loss of 751.4 m2 (0.07 ha) of residential land area of 30 AHs. Loss of 36,189.1 m2 (3.6 ha) of productive land of 53 AHs; (ii) Affected part of 1 farm hut with the total area of 12 m2, 1 rice storage of 6 m2, and 867.0 m of fences. The impact on fences was mainly from the choice of AH to place the secondary canal along the main road of the village, so they can enjoy the paved service road that runs along the canal instead of the current dirt road; (iii) Loss of 8 trees; (iv) No loss of primary structures. Thus, no relocation of households and no physical displacement of affected people (AP)2; (v) No cases of major economic resettlement caused by the subproject; (vi) There were thirty-six households categorized as vulnerable due to at least the following; living under poverty line, head by elders (65 or over), head by female. They own the land and earn their living by self-employed or have their own income generating activities.
2 Primary structures are housing structures (with or without included toilet, bathroom kitchen) with residential function or residential cum commercial/business function. Whereas secondary structures are farm huts, fences, wells, tombs, et cetera.
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(vii) Improvement of access road along the alignment of the existing road and within the Road Limit (right-of-way) that is 5 m either side of the centerline3. It is not anticipated any land acquisition associated with access road construction; and, (viii) No loss of common property providing public services. 10 Although there are 77 households with 455 people affected by the subproject, none of the AHs has significant impacts; (10% or more) acquisition of productive land as well as residential lands. The affected portions of the productive land are ranging from 0.1 – 9.6%. 11 Noteworthy, during the ADB’s loan review mission no.7 on May 23, 2017 at Keng Houat Temple, the WUG informed the mission that due to pump failure the irrigation was not in service for the whole 2017 dry season. There was no one carrying out the regular dry season rice production. Hence, without the Project, the irrigation system could not keep its function. In the other word, the impact of loss of access to water during construction period from the subproject is none according to the existing condition. 1.4 Disclosure, Consultation and Participation, And Grievance Mechanisms 12 This Land Acquisition and Compensation Plan (LACP) has been prepared over the period of May 2017 based on fieldwork carried out between February 2016 - May 2017, during the feasibility study stage and the recent fieldwork by the National Project Coordinator, the International and the Nation Resettlement and Ethnic group consultants. In the context of the preparation of this LACP, information has been provided to the impacted communities and local governmental authorities (i) through public consultation meetings, (ii) during joint transect walks in the subproject area related to Preliminary Measurement Survey (PMS), (iii) during individual socio-economic surveys of affected households (SESAH), (iv) meeting with Provincial and District Agriculture and Forestry staff/Provincial and District Project Office staff. Throughout lifetime of the project implementation, government and project staff, together with the Loan Implementation Consultant, would consult with and disseminate information to the Project Affected People (PAPs) whenever project activities would be conducted in the field and on key issues requiring inputs or consensus from the AHs. 13 Information disclosure, participation and consultation are a continuing process. Once the LACP is approved by ADB, the detailed design of the irrigation scheme will be carried out based on the concept engineering design layout. Then, the detailed design would be presented to the local stakeholders and a walk-through review undertaken to present the design on the ground and verify accuracy of the cadastral map. Once agreed by the stakeholders the detailed design and cadastral map would be used to carry out the detailed measurement survey (DMS) and compile an IOL that would be presented to the affected households in a walk-through review. Following verification of land acquisition and ownership, an inventory of losses would be compiled and affected-households tabulated.
3 Road Law No. 04/NA Date: 3/4/99 Chapter 2 Article 20 The limit of the road is the total area of the road that includes road surface, shoulder footpath drainage ditch slope and the reserved zone for the road.
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Any households affected that was not identified in the PMS and included in the associated SESAH would be consulted closely.
14 The revised inventory of losses and the entitlements matrix would be presented to AHs to review at a focus group meeting. Each household would decide on their preferred compensation. Records of discussions with AH during the compensation selections will be maintained and any grievances will be recorded in the subproject grievance redress register along with actions to address the grievance. Vulnerable households would be identified, consulted and where necessary a livelihood restoration program designed in a participatory manner during the updating of the LACP. The updated LACP including the proposed compensation and disbursement plan, and income restoration program would be sent to ADB for review and concurrence. 15 A Compensation and Entitlement Form would be completed for each AH, where there both spouses would sign. On-completion of compensation disbursement a Land Acquisition and Compensation Report (LACR) would be written and submitted to ADB. ADB concurrence for the LACR is a pre-requisite to the start of civil works. 16 The consultations have, and will continue to be based on an inclusive, meaningful, participative approach, and been leading to (i) partly modified design features for the rehabilitation of the irrigation infrastructure, (ii) minimum land acquisition as agreed with affected households (AH’s), and (iii) no potential significant impacts to AHs. The feedback from villagers through public meetings or individual discussions during surveys stresses the following three important messages from the affected households: (i) they very much appreciate the subproject’s implementation in their community; (ii) they are highly motivated to cooperate with the subproject; and (iii) they expect an improvements for their livelihood (sustainable and increased income) through reliable irrigated agriculture after the rehabilitation of the irrigation scheme. No concerns or issues related to the subproject were raised by them. However, they are informed about existing of the grievance redress mechanism. 17 There are five consecutive levels to facilitate grievance mediation and resolution, with the lowest level being the Grievance Committee at village level and the highest level being the People’s Supreme Court at National level. Nevertheless, affected people are entitled to lodge complaints regarding any aspect of the subproject preparation and implementation, without prejudice to their right to file complaints with the court of law at any point in the process.
1.5 Planning, Implementing and Monitoring 18 The planning of compensation and mitigation measures has been prepared based on the Preliminary Measurement Survey and the Socio-Economic Survey. It includes a cost estimate of rounded LAK 757.1 million for compensation included 20 per cent for contingencies; compensation was budgeted at LAK 607.3 million for land, LAK 19.9 million for secondary structure, and LAK 0.52
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million for trees cutting from the right of ways as calculated using compensation unit rate of Khongxedon District which based on market price survey, standard price and price of similar projects. Costs for land acquisition for (LAC) and safeguards implementations are borne by separate budgets. 19 The Ministry of Agriculture and Forestry (MAF) is the executing agency for the subproject with the responsibility for overall project coordination and management vested with Department of Irrigation (DoI) which has established the National Project Management Office (NPMO) for day-to-day management of the Project. 20 The implementing agencies are the Provincial Agriculture and Forestry Offices (PAFOs). The Provincial Project Management Offices (PPMOs) which have been established within each PAFO are responsible for financial management at provincial level, and coordination, management and implementation of subprojects. To assist implementation of the Project at the district level, District Coordinating Offices (DCOs) have been established within the participating District Agriculture and Forestry Offices (DAFOs) to assist with the coordination and supervision of subproject activities.
21 The subproject’s construction phase covers 14 months. The envisaged mobilization of contractor in the fourth quarter of 2017 and start of civil works by January 2018 is dependent on approval of detailed design, procurement and ADB concurrence of the updated LACP, and LACR. It is expected that LACP updating will be carried out in October 2017 based on approved detailed engineering design. The concurrence of the updated LACP by ADB is expected for November 2017 and the production of the LACR in December 2017. 22 During implementation and operation phase the internal and external Monitoring and Evaluation would be carried out to elaborate on performance and impacts of the subproject’s activities. The internal monitoring through the Project Monitoring and Evaluation program is updated monthly for the NPMO monthly report (Lao language only). The Projects Quarterly Progress Report, submitted to ADB collates and aggregates the monthly monitoring data. The external monitoring entity will prepare quarterly and semi-annual reports up through the completion of resettlement for all the subprojects. The entity will subsequently prepare annual monitoring reports up to completion of the Project in December 2021. A post-resettlement impact evaluation report 6-12 months after completion of resettlement in all the subprojects will be prepared. All external monitoring reports will be submitted to ADB and the NPMO.
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1.6 Conclusions 23 As there is limited land acquisition required for the implementation of the subproject, the involuntary resettlement impacts are deemed not significant and as such this subproject can be categorized as Asian Development Bank (ADB) Category B project. Non-significant economic displacement takes place in the forms of loss of land, assets, access to assets, income sources, or means of livelihood during the implementation phase of the project. 1.7 Reporting Notes 24 This Land Acquisition and Compensation Plan has been structured in accordance with requirements for Resettlement Plans as outlined in the “ADB’s Safeguards Policy Statement (2009).
25 According to Lao PDR Decree 2432 (dated 11/11/2005 on “Regulations for Implementing Decree 192 dated 07/07/2005 on Compensation and Resettlement of People Affected by Development Project”) a resettlement planning document is called “Land Acquisition and Compensation Report” if impacts of the project are mostly marginal4, or as per ADB criteria called non-significant, which is the case for this subproject. Since the subproject is still in the feasibility study phase this document is titled the Land Acquisition and Compensation Plan. 26 Under Phase II, the Loan Implementation Consultant (LIC) supported the DoI, starting in November 2015, in preparing LACP of the first four selected subprojects namely Na-Theun, Keng Houat, Keng Houat and Houay Thouat by assigning International and National Individual Resettlement Consultants to work together on the implementation of the PMS, SESAH and Inventory of Losses (IOL), and the preparation of the respective LACP’s.
4 Less than 200 people (40-50 households) are affected marginally or with limited displacement.
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Project Description 2.1 The Project 27 The Project is being implemented in Savannakhet and Salavan provinces that have a combined population of 1,347,000 people of whom 27.9 and 49.8 percent respectively are considered poor (2013)5. Savannakhet has the highest provincial population 954,000 (14.3 percent) while Salavan has a population of 393,000.6 Savannakhet and Salavan have a reported combined area under production of rain fed lowland paddy of 263,300 ha with irrigated dry season production area of 40,818 ha.7 Crop yields in the wet and dry season are below the national average of 4.00 and 4.76 t/ha respectively. The average yield for lowland rain fed paddy in Savannakhet and Salavan is 3.66 and 3.68 t/ha respectively while dry season lowland irrigated paddy yields are 4.60 and 4.51 t/ha respectively against the national average of 4.76 t/ha. The rural populations of both provinces record high levels of poverty and food insecurity.8 Farming remains at semi-subsistence levels with little diversification. The main factors constraining agriculture development are inadequate quality seed supplies, failing irrigation systems and poor physical access.9 This has resulted in high transport and marketing costs, limited smallholder farmer ability to cost-effectively respond to market demand with reduced production, limited variety of produce and lower incomes. 28 The project outputs are: 1. improved agriculture infrastructure; 2. increased capacity of farmers to efficiently manage and use agricultural infrastructure; and, 3. efficient project management. 29 The purpose of the Project is therefore to promote an increase of the agricultural productivity and marketing efficiency. Specific objectives are to improve access for rural communities to markets, social services (health and education), and achieving food security in geographically isolated areas through moderate scale irrigation, improved agricultural road access and market facilities to maximize the impact from infrastructure investment. 30 The Government of PDR Lao (GOL) requested the Asian Development Bank (ADB) to assist through the preparation of the proposed project suitable for ADB loan financing. The investment project designed under this Program is to be implemented through subprojects using a sector modality system. Under this arrangement, subprojects will be screened as to their resettlement impact under the guidance of the 2013 approved Resettlement Framework (RF) RRP LAO 14338. Each subproject categorized as A or B for resettlement will require an approved LACR before it can be eligible for ADB financing.
5 The data on poverty and population are presented for 2013 the latest data for which poverty data is available 6 Lao Statistical Year Book 2014 and Lao Expenditure and Consumption Survey 2012/2013 Results 7 Lao Statistical Year Book 2014, Lao Statistics Bureau 8 FAO/WFP Crop and Food Security Assessment Mission to Lao PDR, 18 March 2011 9 There is a total of 47,318km of roads in Lao only 17.6 per cent have hard pavements (concrete, asphalt or tar), 34.4 per cent gavel pavement and 50 per cent earth pavement Lao Statistical Year Book 2014, Lao Statistics Bureau
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2.2 Phase II Subproject 31 There are total of twelve subprojects in Phase II, namely: Na-Theun, Gnot Bak, Keng Houat, Houay Thouat, Na-Tur, Dong Boun, Dong-Savang-Thong, Dong- Mon, Na-Khoi-Sao, Phak-Kha, Kan-Tha-Chane and Houay-Sa-Khouang. This LACP will cover only the Involuntary Resettlement details related to Keng Houat subproject, located in Khongxedon district, Salavan province. 2.3 Keng Houat Subproject 32 The Keng Houat Subproject (proposed subproject) is located in Khongxedon District of Salavan Province (Figure A7.1 below), at the distance of about 15 -20 Km South of Khongxedon District Town Center and around 90 Km (South- Eastern) of Salavan District Town Center (Capital of Salavan Province). There are two Cluster of villages (Kumban Keng Houat and Kumban Kengkhon) located along the Xe Don River and some of them along the Road 13 South. The subproject aims to (1) rehabilitate the Keng Houat Irrigation System, and (2) improve the access road from the junction (KM 48) with Rd 13 South from Pakse to Khongxedon District10, passing Keng Houat and Ban Na-Theun (Na-Theun Subproject) to the Xe Don Ferry at Ban Kengkhon. 33 The existing Keng Houat Floating Pontoon Pumping Irrigation System benefits currently directly 110 households (638 people) from 6 villages of the area. The majority beneficiaries from the irrigation system reside in Keng Houat Village (73 HHs), Na-Theun Village (11 HHs), Xa-o/Nathan-Xe Village (7HHs), and Na Phou Lao Village (6HHs), Nong Hoy (1HH) and Na Dane11 (4HHs) villages (Refer Table A7.1).
Table A7.1: Distribution of beneficiaries shared command areas of existing Keng Houat irrigation Scheme
No. of
Population Village HHs Area(Ha) Fem Total Remark ale
1 Keng Houat 73 71.5% 102.4 74.2% 470 222 On the right hand side of Xe Done River 2 Na-Theun 11 10.7% 19.6 14.2% 57 28 3 Na Phou Lao 7 5.8% 7.2 2.9% 38 19 Along the Road 13 South
4 Xa- o / Nathane-Xe 6 6.8% 4.1 5.2% 36 17 On the left hand side of Xe 5 Nong Hoy 1 0.9% 0.7 0.5% 12 5 Done River Sanasomboun District/ 6 Na Dane 4 3.9% 3.8 2.7% 25 14 Champasak Province and along the Road 13 South Total 110 100% 138 100% 638 305 Source: Village authority and Water User Group Committee interview
10 The junction of the access road to Kumban Keng Houat and Kumban Kengkhon is at KM 48 of Rd13 South from Pakse City (Champasak Province) to Khongxedon District (Salavan Province). 11 Na Dane is a village belong to Sanasomboune District Champasak Province
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34 The existing command area of Keng Houat system is around 138 ha of which only 64.6 ha are used for rice planting in the dry season cropping year 2015-16 by 57 households of which 32 HHs cultivate their own land areas, while 25 HHs of Keng Houat villagers share or rent the land from the land owners (permanent members) from Keng Houat, Na-Theun, Na Dane and Na Phou Lao, who offer the lands for cropping and will not join the dry season rice planting due to avoiding risk of water shortage caused by pump not functioning well (Table A7.2). The reason for why only 64.6 ha are used for the dry season rice planting is due to that the irrigation system is very old and can supply not more areas than expected by villagers; and the cost of water use fee is high. Up to date the pump (and also the system) has many problems and often improper running and need 2-3 days or more for fixing and repairing for reuse. The land owners in other villages (not in Keng Houat) said “They also need planting rice in their land areas for consumption but not safe and not sure they can get harvested due to that the irrigation system is often stop running”. In the dry season cropping year 2015-16, the area planted of rice around 65 ha (43%) of the initial command areas in the year 2000. (Note – There is no dry season cultivation during cropping year 2016- 2017, according to the WUG, as they reported to the ADB’s loan review mission no.7 on May 23, 2017 at Keng Houat Temple) Table A7.2: Dry Season Rice Cropping 2015-2017 (Keng Houat Irrigation System)
Dry Season Rice Cropping 2015-16 Village 2014-15 2016-2017 Note Total Own Rent HH ha HH HH HH HH ha
1 Keng Houat 32 50.7 42 32 10 0 0 During the ADB’s loan review 2 Na-Theun 6 10.5 - - 11 0 0 mission no.7 on May 23, 2017 at Keng Houat Temple, the 3 Na Phou Lao 1 1.1 - - 2 0 0 WUG informed the mission that due to pump failure the 4 Na Dane 2 2.3 - - 2 0 0 irrigation was not in service for Total 41 64.6 57 32 2512 0 0 the whole 2017 dry season. Source: Household Survey April 2016 35 There reside 180 households (186 families) in Keng Houat village of which 73 HHs (41%) are members of the Irrigation Water Users Group (WUG) of Keng Houat Irrigation System; and in Na-Theun village, there reside 151 HHs (153 families) of which 11 HHs are members of the WUG of Keng Houat Irrigation Scheme.
12 All 25 farmers are from Keng Houat village have sharing or renting the land from the owners of the Na-Theun, Na Phou Lao and Na Dane villages
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Figure A7.1: Project Provinces and Subproject District
2.3.1 Present Condition and Characteristics of the Scheme 36 The scheme water source is the Xe Don River which is a perennial river and the water source appears assured. The potential demand for Keng Houat has been estimated at 3.6 million-m3 per year. The irrigation scheme was originally constructed in 1998 through a joint initiative between the Provincial Agriculture and Forestry Office (PAFO), and the local Water User Group (WUG). The irrigation scheme is a pumped scheme served by a station operating from a moored pontoon located on the Xe Don River. 37 The scheme has an inappropriate design and has deteriorated due to deferred maintenance. Some of the secondary canals have been abandoned and no water distribution control structures were built. What control exists is through temporary earth and brush wood checks. 38 An inventory survey confirmed that the overall condition of the electrical and mechanical (E&M) equipment is clearly deficient. Only one pump is operational, delivering sufficient water to irrigate approximately 37ha of crops cultivated in the dry season. The pump reportedly delivers 16 – 18 l/s for 12 hours/day. 39 The layout comprises a rising main from the headworks to a stilling basin/ distribution structure from where water is supplied by gravity to two parallel main canals that are aligned through the center of the existing command area. There are four secondary canals, two of which have been abandoned. There are no on- farm canals. Offtake from the secondary canals is simply discharge water into a
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bunded farm plot through a cut in the embankment of the canal. There is no functional drainage network and water is simply routed through and around the farm blocks via the natural drainage system. 40 The scheme’s current command area (<88 ha) is not fully irrigated. The main canals lined sections are of trapezoidal and rectangular cross-sections and the unlined sections wider trapezoidal cross-sections. Almost all of the unlined canals have lost their shape with eroded side slopes, and heavily silted-up inverts. 41 The estimated total length of pipeline, main and secondary canals is 250 m, 2,300 m, and 2,400 m respectively. Most of the canals are in cut. Flows in the canals are unregulated and the scheme is free running apart from at some secondary canals where temporary measures are used to route flows into specific farm units. As a consequence, scheme efficiency is low and therefore incurs a higher pumping cost per hectare than necessary. As expected the canal dimensions vary widely. The layout of the distribution system is inefficient and inadequate to supply water to the existing command area. 42 There are no on-farm canals. Offtake from the secondary canals is simply discharge water into a bunded farm plot through a cut in the embankment of the canal. 43 There are no irrigation service roads along the canals. Earlier rehabilitation including lining of canals did not include bridging structures across canals to facilitate ease of access to agricultural land. Farmer ingenuity has invariably resolved the issue of access through structures constructed of local materials, see Figure A7.2. Figure A7.2: Impressions from Keng Houat existing irrigation scheme Water source, typical paddy fields, and access road
Typical conditions of irrigation infrastructures (intake house, main canal, secondary canal)
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44 There is no functional drainage network and water is simply routed through and around the farm blocks via the natural drainage system. 45 The existing system was thought inappropriate and inefficient to irrigate the present command area and the proposed expanded area. After discuss and review by local stakeholders a decision was taken to establish a new irrigation layout for the proposed command area. 46 The access road from National Road 13 South to Keng Houat village is aligned through the head of the command area in the north, along the southern edge of the village and through the command area. The road continues via Na-Theun village to a ferry station on the Xe Don at Kengkhon village. The ferry is used by residents of seven villages on the east bank of the Xe Don to access Road 13 South. The access road classed as a rural road is compacted earth, 4.3 km long. It is frequently inundated by flood in the wet season making it impassable, and vulnerable to damage and deterioration of the pavement that increases travel time and vehicle operating cost.
2.3.2 Improvements 47 On completion of the Technical/Engineering survey three concept engineering design layouts discussed in the field survey were mapped along with two pump station options and presented at Wrap-up Meeting in Keng Houat Village attended by local stakeholders. The choice of layout and head works location were confirmed in writing on 23rd February 2016 after internal stakeholder discussion. A relocated head works and associated irrigation water distribution system were selected and the recommended pontoon mounted pump station was also accepted over the farmer preferred choice of inclined mixed flow axial pump sets based on site conditions and cost. 48 The scheme layout comprises a rising main from the headwork to a stilling basin/ distribution structure from where water is supplied by gravity to two parallel main canals that are aligned through the center of the existing command area. There are four secondary canals, two of which have been abandoned. No water control structures were constructed in the canal system and farmers use temporary local structures, earth and brush wood, to divert water from the main canals to secondary canals from where water is released directly into field blocks. The existing scheme layout is shown in Figure A7.3. 49 The pump station would be a relocated 200m downstream and comprise a redesigned pontoon to accommodate three pump sets, including one standby pump set, each with a design discharge of 453 liter/second. Relocation of the pump station would necessitate reconnection to the national grid. Bioengineering river bank protection would be afforded over an area of 480m2. 50 Scheme rehabilitation would increase the command area to 227ha through the construction of new canals with related water control structures. The rehabilitation plan is aimed at improving the efficiency of the water distribution network and extending the network to irrigate land to the east, west and south of the existing command area and bring an additional 139ha into production. The improvements include the relocation of the pump station downstream of the existing location and away from a residential area, a new connection from the pump station to the national power grid, construction of a new rising main to a
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stilling basin, the construction of a new lined canals main, secondary, tertiary and field canals along with water control structures. Irrigation service roads for access to farm land and for operation and maintenance of the system alongside the canals with bridging structures at appropriate locations. The rehabilitation with concrete pavement of the access road from Na-Theun village across the head of the command area and through Keng Houat village to National Road 13 South. 51 The rehabilitation of the irrigation water distribution network would include a new reinforced concrete main canal with a trapezoidal section, secondary canals with rectangular and trapezoidal sections, tertiary canals with trapezoidal section, and an elevated flume. Quaternary canals (farm canals) would be pre-cast rectangular sections installed by farmers. The concrete lining of canals would afford greater water control particularly of seepage loses into the local water table and facilitate crop diversity into higher value crops that cannot withstand waterlogging. It would also reduce pumping costs through the reduction in irrigation water demand, and the cost of routine maintenance. 52 A total of 58 water control structures would be constructed where appropriate within the canal distribution network. The structures, reinforced concrete, with steel gates would be installed on off takes and canal regulators to enable water to be managed effectively. In addition, measuring weirs would be introduced at key locations to enable the WUG to apportion flows, quantify losses, and monitor usage. The continuity of the natural drainage network within the command area would be maintained with the provision of culverts while overland flow in flood events would be facilitated by aqueducts. 53 Service roads (farm access/operation and maintenance roads) are proposed along the canals with the pavement type determined by location. Where the roads pass through residential areas the pavement would be concrete to reduce the dust nuisance especially in the dry season otherwise the pavement would be natural armored gravel. 54 The laterite access road from National Road 13 South to Na-Theun via Keng Houat village would be rehabilitated with a 4m wide concrete pavement, and rehabilitation and improvements of cross drainage. The present rural road has 13 cross drainage culverts, seven are in good condition requiring no rehabilitation. Six culverts would be replaced and their capacity increased while three new culverts would be constructed to improve drainage. The road would be constructed along the alignment of the existing road and within the Road Limit that is 10m.13
13 ROAD LAW No. 04/NA Date: 3/4/99 Chapter 2 Article 20 The road limit is the total area of the road that includes road surface, shoulder footpath drainage ditch slope and the reserved zone for the road.
A7-17 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan Figure A7.3: Subproject Concept Engineering Design Layout Keng Houat Irrigation Scheme
A7-18 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan Figure A7.4: Concept Engineering Design: Schematic Layout
A7-19 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan Figure A7.5: Typical cross sections of each canal
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Scope of Land Acquisition and Resettlement 55 On 7 December 2015, a survey team visit the location of the proposed subproject for an initial fact finding on the existing situation and screening on potential extend of land acquisition and resettlement for the rehabilitation and renovation of the irrigation system. Then, there were several consultation and fieldwork during 15 January 2016; 28 April 2016; 25 August – 5 September 2016; 20-21 October 2016; and 11 December 2016. 56 During this process, any adverse impacts on private land or community assets was avoided or minimized as much as possible. The conceptual design follows Right of Way (RoW) of existing concrete and earth canals, follows RoW of existing roads, and follows existing boundaries between two or more land owners or users. Despite these efforts marginal impacts on private assets have been observed and hence the need for acquisition of these assets arises. The details of this fact-finding and screening mission can be found in Attachment 7.2. 57 Review of the PMS indicates that these impacts are caused by the placement of new headwork, the extension and widening of the existing footprint, and by the construction or rehabilitation of related components such as end structures, main divisions, flumes, farm outlets, road crossings, box divisions, tail structures, drain culverts, and others. Although the construction of this subproject would comprise physical changes to be made to the current landscape, the approach for coming to the concept engineering design layout, as followed by the subproject, has brought an optimized balance between highest level technical engineering with the least possible adverse impacts on the community. A summary of the findings of the PMS can be found in Table A7.3. 58 The details on estimated requirements for land acquisition measured during the PMS are based upon the concept engineering design layout for the subproject. The Preliminary Measurement Survey (PMS) has been carried out in subproject villages during 25 August 2016 to 5 September 2016. The PMS, SESAH surveys have been conducted by joint transect walk of participating AH members, village and WUG representatives, NPMO/PPMO/DCO staff and various technical and social LIC consultants. Data from the surveys was used to compile the IOL for AHs. 3.1 Permanent Land Acquisition 59 The corridor of permanent impact is orientated along the existing ROW of canals and service roads and following the footprint of the newly proposed extension of the water distribution network. During screening and concept engineering design it became clear that the existing footprint would have to be widened on some sections for the construction of service roads and concrete lined canals. It was also observed that a relatively large proportion of the farmers currently do not have access to the irrigation network, therefore it was decided to extend the existing irrigation network into those areas. The screening indicated, and later the PMS confirmed that some private assets would be affected, as there would be a need for permanent land acquisition outside the existing RoW. Interestingly, Keng Houat subproject has quite a number of residential land (751.4 m2 of 30 HHs; or 1% of total residential land of the AHs) affected by the rerouting of the secondary canal (SC1 & SC2), and the tertiary canal (TC2). This is because, during design selection, the AHs decided to have the canals placed along the
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main road of the village. Therefore, they can enjoy using the service road that run along the canals as their main road within the village. They see that the paved road provided by the subproject will provide much better service than the current dirt road one. On the other hand, majority of the impact is on the productive land, 36,189.1m2 of productive land of the 53 AHs. Impacts in details are described in table A7.3. The impacts are considered minor; no loss is equal or more than 10% of household’s productive land. 3.2 Temporary Land Acquisition 60 Temporary land acquisition cannot be determined at this stage; however, it is expected that contractor/s would have a need for temporary site installation, camps, storage and temporary access road. The contractor would have to propose for the acquisition of this land in a “Site Installation and Access Plan”, and obtain approval on this plan. Where possible, public and/or government land would be used for temporary land use. Through a transparent and contractual approach, the NPMO (the Executing Agency) would provide the contractor with the project’s land acquisition and compensation principles to ensure that (i) replacement cost rates are applied, (ii) reinstatement of affected assets contractually defined, (iii) consultation taking place, (iv) grievance mechanism followed, (v) Environmental Management Plan (EMP) applied, (vi) and other items specified, in compliance with the Project RF. 3.3 Temporary Loss of Access to Irrigated Water During Construction 61 During the ADB’s loan review mission no.7 on May 23, 2017 at Keng Houat Temple, the WUG informed the mission that due to pump failure the irrigation was not in service for the whole 2017 dry season. There was no one carrying out the regular dry season rice production. Hence, without the Project, the irrigation system could not keep its function. In the other word, the impact of loss of access to water during construction period from the subproject is none according to the existing condition.
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Table A7.3: Preliminary Inventory of Loss, Keng Houat Sub Project – Land
2 2 Residential Land (m ) Productive Land (m ) Severity No HH ID Total Affected Affected Total Affected Affected of Owned (m2) Portion % Owned (m2) Portion % Impact 1 KHT 001 14330.0 196.0 1.4 minor 2 KHT 002 400.0 14.4 3.6 9486.0 586.4 6.2 minor 3 KHT 003 26190.0 432.6 1.7 minor 4 KHT 004 7750.0 309.0 4.0 minor 5 KHT 005 16030.0 1373.0 8.6 minor 6 KHT 006 38860.0 515.0 1.3 minor 7 KHT 007 274.0 10.0 3.6 13260.0 587.1 4.4 minor 8 KHT 008 32200.0 680.0 2.1 minor 9 KHT 009 1500.0 9.9 0.7 30000.0 1380.0 4.6 minor 10 KHT 010 25000.0 620.0 2.5 minor 11 KHT 011 10690.0 752.0 7.0 minor 12 KHT 012 10470.0 600.0 5.7 minor 13 KHT 013 22350.0 2150.0 9.6 minor 14 KHT 014 10725.0 480.0 4.5 minor 15 KHT 015 5535.0 54.0 1.0 minor 16 KHT 016 12950.0 482.0 3.7 minor 17 KHT 017 73150.0 252.0 0.3 minor 18 KHT 018 28490.0 230.0 0.8 minor 19 KHT 019 859.0 40.8 4.7 16000.0 722.0 4.5 minor 20 KHT 020 4460.0 81.4 1.8 39597.0 640.0 1.6 minor 21 KHT 021 20075.0 221.5 1.1 minor 22 KHT 022 35230.0 230.0 0.7 minor 23 KHT 023 23240.0 1489.0 6.4 minor 24 KHT 024 53226.0 448.0 0.8 minor 25 KHT 025 20349.0 1928.0 9.5 minor 26 KHT 026 16682.0 786.0 4.7 minor 27 KHT 027 32110.0 880.0 2.7 minor 28 KHT 028 10058.0 700.0 7.0 minor 29 KHT 029 17182.0 140.0 0.8 minor 30 KHT 030 1400.0 30.4 2.2 44492.0 1317.0 3.0 minor 31 KHT 031 13454.0 880.0 6.5 minor 32 KHT 032 21213.0 1240.0 5.8 minor 33 KHT 033 10789.0 740.0 6.9 minor 34 KHT 034 19790.0 630.0 3.2 minor 35 KHT 035 22257.0 650.0 2.9 minor 36 KHT 036 16800.0 770.0 4.6 minor 37 KHT 037 23086.0 350.0 1.5 minor 38 KHT 038 17180.0 616.0 3.6 minor 39 KHT 039 8000.0 432.0 5.4 minor
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2 2 Residential Land (m ) Productive Land (m ) Severity No HH ID Total Affected Affected Total Affected Affected of Owned (m2) Portion % Owned (m2) Portion % Impact 40 KHT 040 12000.0 1116.0 9.3 minor 41 KHT 041 11900.0 928.0 7.8 minor 42 KHT 042 16760.0 496.0 3.0 minor 43 KHT 043 469.0 24.3 5.2 minor 44 KHT 044 449.0 6.5 1.4 minor 45 KHT 045 240.0 9.0 3.8 minor 46 KHT 046 832.0 28.0 3.4 minor 47 KHT 047 257.0 12.0 4.7 minor 48 KHT 048 331.0 4.0 1.2 minor 49 KHT 049 736.0 9.9 1.3 minor 50 KHT 050 688.0 9.0 1.3 minor 51 KHT 051 100.0 minor 52 KHT 052 320.0 5.8 1.8 minor 53 KHT 053 330.0 5.8 1.8 minor 54 KHT 054 771.0 19.0 2.5 minor 55 KHT 055 1100.0 25.0 2.3 minor 56 KHT 056 2260.0 14.8 0.7 minor 57 KHT 057 4400.0 44.0 1.0 minor 58 KHT 058 110.0 11990.0 888.0 7.4 minor 59 KHT 059 2100.0 27.0 1.3 minor 60 KHT 060 1375.0 10.0 0.7 15000.0 292.0 1.9 minor 61 KHT 061 636.0 8.0 1.3 minor 62 KHT 062 1280.0 20.0 1.6 minor 63 KHT 063 1100.0 11.0 1.0 minor 64 KHT 064 2100.0 7.0 0.3 minor 65 KHT 065 793.0 9.0 1.1 minor 66 KHT 066 1540.0 19.0 1.2 minor 67 KHT 067 28000.0 26.0 0.1 minor 68 KHT 068 400.0 15.0 3.8 minor 69 KHT 069 27035.0 264.0 1.0 minor 70 KHT 070 29874.0 976.0 3.3 minor 71 KHT 071 12883.0 320.0 2.5 minor 72 KHT 072 12000.0 360.0 3.0 minor 73 KHT 073 13000.0 152.0 1.2 minor 74 KHT 074 6000.0 400.0 6.7 minor 75 KHT 075 35000.0 1840.0 5.3 minor 76 KHT 076 30619.0 400.0 1.3 minor 77 KHT 077 9600.0 464.0 4.8 minor Total 53685.0 751.4 1,119,862.0 36,189.1 Affected HH 30 53
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Table A7.4: Preliminary Inventory of Loss, Keng Houat Sub Project – Other Assets
Fish Wooden Wired Rice Farm Hut No HH ID Pond Fence Fence Storage Tree Note (m2) (m2) (m) (m) (m2) 1 KHT 002 2 Mango=2
2 KHT 005 6 Banana=6
3 KHT 007 195.7 20.0 4 KHT 009
5 KHT 011 12.0
6 KHT 015 27.0
7 KHT 017 72.0
8 KHT 018 72.0
9 KHT 019 82.0
10 KHT 020 91.0
11 KHT 021 22.0
12 KHT 044 13.0 13 KHT 047 24.0
14 KHT 051 20.0
15 KHT 052 12.0
16 KHT 054 38.0
17 KHT 055 50.0
18 KHT 056 30.0
19 KHT 057 88.0 6.0
20 KHT 058 28.0
21 KHT 060 20.0
22 KHT 062 40.0
23 KHT 063 21.0
24 KHT 064 14.0
25 KHT 065 17.0
26 KHT 066 37.0
27 KHT 068 29.0 Total amount 195.7 305.0 562.0 12.0 6.0 8
Affected HH 1 13 10 1 1 2
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Table A7.5: Summary of Affected Assets, Number of Households and Severity of Impacts
Affected Severity Type of asset Level of affectedness household/s & of People impact 751.4 m2 of residential land. Maximum impact is 5.2% a HH. Residential Land 30 AHs Minor Average impact is 2.1% or 25.1 m2 Total of 36,189.1 m2 of productive land with a range of loss for AHs between 0.1% and Productive Land 9.6%. 53 AHs Minor None of AHs has significant impacts, or with affected land of 10% or more. Community Land None None None Primary Structures None 0 AH None 1 rice storage (6 m2) 2 AHs Secondary Structures 1 farm hut (12 m2) Minor 867.0 m of fence 23 AHs 2 mango trees Tree 2 AHs Minor 6 banana trees Access to water during None 0 AH None dry season N O T E S: Although the conceptual engineering design does not result in significant involuntary resettlement impacts for most AHs, during the detailed design phase the consultant would make an extra effort to reduce the impacts even further, especially for the AH who now have moderate to high impacts compared with the others as detailed in the IOL and for those AHs who are categorized as vulnerable. Based on the SESAH, a list of AHs would be considered for job opportunities during construction phase by the contractor to be agreed during contract negotiations between the contractor and Project. First priority would be Female Headed Households (FHH); 2nd priority females from AH (at least 30% of local employees should be female as indicated in the Gender Action Plan)
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3.4 Affectedness 62 As can be seen from Table A7.5 the acquisition requirements concern; (i) minor loss of residential land, (ii) minor loss of productive land, (iii) no loss on community land, (iv) no loss on primary structure, (v) minor loss of secondary structures, and some fences, (vi) minor loss of 8 trees, (vii) no restriction of community/public services, and also (viii) no physical and/or economic resettlement through loss of assets, access to assets, income sources, or means of livelihoods. There are also no requirements for relocation by this subproject as no physical displacement of people would take place. 63 The cost estimates for compensation related to fixed assets are based on replacement costs (see Table A7.15 and Attachment A7.8) for loss of assets. The findings of the PMS for the IOL are based on measured land acquisition and the defined assets types e.g. farm hut, rice storage. 64 In this context, it should be noted that those who are farming irrigable land in the command area, independent from social status, sex and ethnicity, and who have received or are in the process of receiving Temporary Land User Certificates have secured and continuous access to their lands during and after the subproject rehabilitation completion.
Socio-Economic Information and Profile 4.1 Socio-Economic Baseline 65 Keng Houat village settled in 1898 (from Houay Xao village, around 8 Km from the current Keng Houat), while Na-Theun resettled in 1545 (from Tha Kokpho, Bung Ke and Nong Gnang villages). 66 There reside 180 households (186 families) in Keng Houat village of which 73 HHs (41%) are members of the Irrigation Water Users Group (WUG) of Keng Houat Irrigation System; and in Na-Theun village, there reside 151 HHs (153 families) of which 12 HHs are members of the WUG of Keng Houat Irrigation Scheme. 67 Households generally comprise of one family, only 45 HHs (14%) in both villages have two families. The size of household is 5.7 persons. The number of Female headed households (FHH) makes up 5.6% (10HHs) in Keng Houat and 6% (9HHs) in Na-Theun village. The demographic characteristics of both villages are presented in Table A7.4 below. Table A7.6: Social Profile of both Subproject Villages
No. Total Population (persons) Aver. Female Coverage No. of Ave.Fam. of HH Headed Village Family Ethnic Female Male Size HHs Size Households Lao Others No. No. Keng 180 186 1,047 - 522 49.9% 525 50.1% 5.8 5.6 10 5.6% Houat Na-Theun 151 153 828 - 431 52.1% 397 47.9% 5.5 4.4 9 6.0% Total 331 376 1,875 - 953 50.8% 922 49.2% 5.7 5.0 19 5.7% Source: Household Survey April 2016
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68 The household survey provides an estimated dependency ratio of 50. The working population (15-64 years old) makes up 67% of the population (Refer Table A7.7). Table A7.7: Population Distribution by age
Age 0-14 Age 15-64 Age 65 and above Total Village F M Total F M Total F M Total F M Total Keng 157 153 310 30% 347 340 687 66% 26 24 50 5% 530 517 1,047 Houat Na- 120 118 238 29% 285 280 565 68% 12 13 25 3% 417 411 828 Theun Total 277 271 548 29% 632 620 1,252 67% 38 37 75 4% 947 928 1,875 Source: Household Survey April 2016 69 Both Keng Houat and Na-Theun have access to electricity and mobile cellphone systems. Keng Houat village has one Community Piping Water Supply System for domestic use (served 90 HHs or 50%) of the village, while Na-Theun villagers used household’s artesian boreholes. The public service facilities are mainly in the Khongxedon District Town (16 Km for Keng Houat and 18 Km for Na-Theun villagers). 70 There are in each village the primary schools (one in Keng Houat and one in Na- Theun villages). Around 70% of secondary school children share the lower secondary school in Na Phou Lao village (some 2 Km from Keng Houat, while around 4 Km from Na-Theun villages) and the upper secondary school in Khamthong village (around 8 Km from Keng Houat and 10 Km from Na-Theun villages respectively); and around 30% of children share the lower and upper secondary school in Kengkhon (around 1 Km from Na-Theun village), but they have to use the boat crossing the River to that school located in Kengkhon village on the left hand side of the Xe Done River). 71 The main problem for the Subproject inhabitants (and also for school children and pregnant women) and all villagers reside within the area is the traffic condition (very bad condition with muddy, dusty, bumpy potholes or flooding often during the rainy season) of the access road from Na-Theun village to the junction with Rd13 South at Na Phou Lao Village. This access road was reported by the villagers to be difficult and often flooded in the rainy season (the proposed section from the junction with Rd13 South until the Kengkhon Ferry) so badly flooded that it will be nearly unusable and required that students to stay overnight in Khamthong or Kengkhon village for their enrollment and get back home during the weekend. 72 Higher education facilities (technical and vocational colleges and universities) are in Kaysone Phomvihane (Capital City of Savannakhet Province) with some 200 Km and in Pakse (Capital City of Champasak Province) with some 50 Km away from Khongxedon District. 73 The primary means of getting to health (and other public services) facilities is via motorbike, with some via pickup truck. Accessibility to district and provincial centres requires motorized transport as the distances are not very far but difficult. All villagers have to keep their vehicles in Ban Na Phou Lao or Ban Mouangsoum during the rainy season and walking home at least during the period of 4-5 months a year. 3 people in Keng Houat and 2 in Na-Theun have some forms of
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disability (1 dwarf female and 2 males caused by road accident live in Keng Houat village; and 1 blind female lives in Na-Theun village). 74 In both Keng Houat and Na-Theun Subproject villages, there are 1,092 people (58%) of the total population can read and write Lao Language. The reason for that due to that the villages are located far from the Town Centre (schools and other education facilities) with difficult traffic condition. However, the literacy rate among female and male has not much different and event little lower percentage of female than male (49.5 / 50.5%) respectively. 75 The proportion of school aged children enrolling in different education levels in the year 2016 shown that male attends primary and secondary education level more than female (54/46% in primary school and 52/48% in secondary school) while female attend the college/ University level more than male (71/29%). 76 There are important technical skills available within the area. In both village, 101 workers composed of 11 teachers, 6 medical careers and nurses, 78 skilled labour in the area of construction works, 5 veterinaries and 1 machinery mechanic. 77 Sixty-nine households (38%) in Keng Houat and eighty-three in Na-Theun (55%) drink bottled water (LAK 5,000/20 litre-gallon), and some drink boiled water from artesian boreholes, and rain water during the rainy season. There was a Piping Water Supply operated in Keng Houat Village serves 90 households. Irrigation Water and also Xe Done River water is used mainly for cropping and domestic use (bathing, laundry, washing, feeding animal, and etc.) 78 According to village survey data; 170HHs (51%) have 2-wheeled hand tractors (170 units) for their own farm use, 25 households have 25 tracks for their access to the towns and transportation of the production. There are 6 pickup trucks use for accessing to the town (to the District or Provincial hospital and other businesses), 4 rice mills serve inside the project villages and buying rice for commercial purposes; 221 motorbikes owned by 220 HHs (67%), 233 households (70%) have colour televisions; 244 HHs have 315 fans; all 331 households have more than 1,225 mobile phones (1-3 or more mobile phones - average of 3.7 unit/HH); and 219 HHs (66%) have 219 pour flush toilets (aver.0.7 unit/HH). 79 Land Use: Most of lands in the area are used for rice planting in both wet and dry season. In all subproject villages, there are over 407 ha lowland paddy area of which 108 ha are irrigated dry season14. However, due to deteriorating irrigation scheme, in dry season of 2015-16, rice cultivation was only 64.6 ha. Then, in the dry season of 2016-2017, there was no cultivation all together. 80 Land Ownership: It reported that the ownership (holding of land) is practically heritage form from generation to generation and through exchanging (sale or buy from each other) for commercial purpose. In the area, land titling is applying for both resident and agriculture lands (estimated completion rate is 100% for resident lands; and > 80% for agriculture and other type of lands. The land ownership documents are found in the form of Land Titling with both husband and wife names.
14 It reported the biggest command since the Keng Houat irrigation scheme established is 108 ha (93HHs benefited) in the year 2001-2002.
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81 Agriculture: Rice is the major crop. Average yield of rice has been slightly better by applying improved seed varieties (Tha Dokkham 8, 9, 10, 11 and Phon Ngam varieties) at 3.5 – 4.5 ton/ha (average figure and official use by DAFO) 3.5 t/ha for dry season and 2.8 – 3.5 ton / ha for wet season 2014-2015. In overall for the area, typically about 99% of farmers have annual rice sufficiency and surplus of rice (for sale >40-60% of their harvested products); and only of all, there were 4 female-headed households (1%) have rice shortages around 1- 2 months. Reasons for the deficit is lack of household labour, water and damaged by pest. Normally, coping response when someone short of rice, mainly is to borrow from relatives and or purchasing easily within the village. Only a few vegetables, for example, yard long beans, cucumber and lettuce were found in the backyards (using indirect irrigation water). They were still lacking suitable technical practice when growing different crops with different water needs. Other crops found in the area were chili, eggplants, sweet potato, sweet corn and pumpkins. Those were grown mainly for self-consumption and only a small quantity for sale within the villages. 82 Animal husbandry and poultry rearing: In general, most families (73%) in the area raise chickens (1,480 heads) while less than one third of households (29%) have pigs (258 heads)15, 43% have cattle (374 heads) and 34% have buffaloes (258 heads) and 24 households (7%) raise goats for commercial purpose.
Native chicken is one of potential products needed for the local famous grilled chicken markets16 in Napong Village (Khongxedon District), Seno Town (Outhoumphone District/ Savannakhet) and also in Pakse Town (Champasak Province). 83 Main constraints and problems: information provided by the village authority and inhabitants during the household interview, the main constraints and problems for their livelihood and also agricultural production are:
Insufficient irrigation water for rice and crops production; Poor road and very difficult trafficking condition caused low price and access to the market; Lack of technical skills and knowledge for agriculture production Lack of capital for production and low prices of farm products.
Minor reasons for reduced productivity were identified as:
Poor soils (low fertility) caused low productivity; High price of inputs and electricity consumption fee; Not enough (less) contact and support from extension agents (DAFO and Seed production station); Not enough technical skill and knowledge for agriculture production and income generation
15 This figure is not covering the number of new special group of 16 farmers formed in Na-Theun Village for piglet production. 16 Napong, Xeno and also KM35 are the popular chicken (native) grilled markets along the Road 13 South.
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84 Income: During 2013-2015, all households in the Keng Houat subproject villages are engaged in lowland farming, but their main incomes are from off- farm activities (54-66%) including small businesses and remittances from family members working in Thailand, whereas, the farm income was from selling rice and livestock (34-37%). 85 Poverty: Up to the end of 2015, both subproject villages are officially endorsed as the Village Poverty Removal and stand over the poverty line (Village without of Poverty). All are accessible to the public service facilities (electricity, health, education, market, phone, television, etc.), and in addition, the village communal water supply has been in operation and serve the villagers (90 HHs) of Keng Houat; and the majority of them drink bottled water. Anyway, according to the SIA report, in both subproject villages, there are 27 households (8%) classified as poor households of which 8 HHs (26%) are female-headed households.
4.2 Social Impact 86 The Keng Houat subproject will have immediate benefit for 110 beneficiary households (681 people), reside in 6 villages including Keng Houat (80 HHs), Na-Theun (12 HHs), Na Phou Lao (15HHs), Xa-O/Nathane-Xe (6HHs), Nong Hoy (1HH) and Na Dane (4 HHs). The irrigation rehabilitation will increase the command area from 138ha to 227ha. Most essentially, the dry season cultivation which has gradually decreased due to inefficiency and poor maintenance of the scheme, to around 64ha in dry season of 2015-16, and completely halt in 2016- 17, will be revived and expanded its benefit to maximum potential. Additionally, though the Agricultural Management Plan, the villagers within the Keng Houat Irrigation Scheme may work in close cooperation with the Nong Khoulou Agriculture Promotion Station 17, to apply improved rice varieties for their productivity enhancement. Also, Water Management Plan and trainings should provide the WUG better water management and more efficient maintenance and operations, including fee setting, service charges collection and accounting. 87 The social impacts are positive for the Keng Houat subproject. Improving irrigation, together with better seed varieties and farming techniques would improve productivity and provide more reliable incomes and food security through crop diversity. This would help make households more resilience to short term shocks such as flood or drought. Increased cultivable land benefits wealthy and poor households alike, with the poor (especially those with very small unviable landholdings) having the opportunity to increase household cash income through the provision of farm day labor during peak times. Farmers who need to grow rice and other crops would also be able to increase incomes by renting land for cropping from wealthy families who are not interested in farming
17 Nong Khoulou Agriculture Station belongs to Khongxedon DAFO works as rice seed multiplication and promotion Station; can provide improved rice seed to villagers with F2 Rice Seed produced by the Station and also from Nong Deng Agriculture Promotion Centre of Salavan PAFO.
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all their landholdings. Increased incomes would also make education costs – not just fees but the high associated costs of uniforms, food, transport – more affordable and allow more children from low income households to attend school including beyond primary level. Support to grow a variety of crops, including vegetables, provides opportunities for cash market sales as well as improved household nutrition through a varied diet at home. 88 Communal decision to place the secondary canal including its paved service road inside the village does not limit the benefit of the road to only transportation for agricultural purpose, but also the whole transportation of the village, Ban Keng Houat. Moreover, service road improvement on all canals will create efficiencies for farmers transporting crops and equipment to their fields and for other villagers travelling along the farm tracks to larger roads. Improvements in farm tracks will result in timesaving for farmers as they will not be impeded by impassible and potholed roads, and will not have to waste time unloading and reloading carts during harvest in order to traverse badly damaged roads. Better farm tracks will also reduce harvest waste as farmers can quickly access their fields and remove harvested rice to safe dry off-farm storage. Training and assistance in maintenance management will mean that the benefits of these roads will endure. 89 Improvement of access road from the National Road 13 South to Kengkhon Ferry of Xe Done River will improve overall livelihood of two (2) Kumbans or nine (9) villages for their access to the public services either in Khongxedon District Town Center; or, in Salavan District Town Center (Capital) of Salavan Province. School children will be able to commute to the secondary school in Khamthong Village without difficulty. The access road will open the Keng Houat area to its tourist attraction sites, Nong Ohm and Bung Theun (scenic swamps/lakes). Villagers suggested that more rice buyers will come to the village and the price will be better. Travel will be more convenient, comfortable and cleaner for villagers, especially those who travel by foot, such as school children and women. It will also have secondary economic benefits to others in the surrounding area such as local shops, farm input suppliers, and service providers. 90 Capacity building would improve the accountability and responsiveness of village organizations. Training for WUGs and other groups would improve basic management skills, which and when applied, would improve the trust and support of farmers. Increased gender awareness and participatory processes would build up civic relationships and contribute to strengthening the community. Villagers have some experience in road maintenance but with more developed technical skills would ensure quality and durability of the service. 91 During construction, there would be opportunities to provide labour for irrigation and road infrastructure rehabilitation, which would boost household incomes temporarily.
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4.3 Socio-Economic Survey of Affected Households 92 Based on the findings of the PMS a socio-economic survey of affected households was carried out during 25 August - September 2016 (see also Attachment A7.5, Table A7.8) the main results are summarized in Table A7.9, below. This table provides a summary overview of key-topics data collected during fieldwork through PMS, socio-economic survey of AH (SESAH), public consultation, and meetings with NPMO, PPMO, DCO and consultants. The SESAH questionnaire is shown in Attachment A7.11. Table A7.8: List of Affected Households, Keng Houat Subproject
HH Member (people) Income (LAK)/year Average Monthly No. HH ID Ethnic Vulnerability18 18- Income/ F M <18 >65 Agriculture Other 65 Capita 1 KHT 001 3 5 3 5 0 2,000,000 8,280,000 107,083 Lao PR 2 KHT 002 3 2 1 4 0 0 30,400,000 506,667 Lao 3 KHT 003 2 6 0 6 2 2,500,000 6,200,000 90,625 Lao PR, SH 4 KHT 004 3 1 1 3 0 10,000,000 15,000,000 520,833 Lao FH 5 KHT 005 3 5 3 5 0 0 72,000,000 750,000 Lao 6 KHT 006 0 2 0 1 1 12,000,000 42,000000 2,250,000 Lao SH 7 KHT 007 5 2 4 3 0 8,000,000 17,000,000 297,619 Lao 8 KHT 008 6 4 5 5 0 68,000,000 7,000,000 625,000 Lao 9 KHT 009 2 4 1 4 1 18,000,000 20,000,000 527,778 Lao SH 10 KHT 010 2 3 0 5 0 10,000,000 18,000,000 466,667 Lao 11 KHT 011 2 4 1 5 0 10,000,000 20,000,000 416,667 Lao 12 KHT 012 2 2 0 4 0 1,300,000 5,000,000 131,250 Lao PR 13 KHT 013 4 1 2 3 0 6,000,000 1,000,000 116,667 Lao PR 14 KHT 014 2 4 1 5 0 10,000,000 78,000,000 1,222,222 Lao 15 KHT 015 5 5 3 7 0 20,000,000 55,000,000 625,000 Lao FH 16 KHT 016 2 4 2 4 0 6,000,000 38,000,000 611,111 Lao 17 KHT 017 2 3 0 5 0 8,000,000 0 133,333 Lao PR 18 KHT 018 3 4 1 6 0 8,000,000 20,000,000 333,333 Lao 19 KHT 019 2 2 0 4 0 20,000,000 20,000,000 833,333 Lao 20 KHT 020 2 2 2 2 0 6,000,000 3,000,000 187,500 Lao 21 KHT 021 3 3 0 5 1 1,000,000 54,300,000 768,056 Lao SH 22 KHT 022 2 2 0 4 0 3,000,000 500,000 72,917 Lao PR 23 KHT 023 2 4 4 2 0 2,850,000 5,000,000 109,028 Lao PP, FH 24 KHT 024 2 4 4 2 0 24,000,000 15,000,000 541,667 Lao 25 KHT 025 4 2 1 5 0 4,000,000 35,000,000 541,667 Lao 26 KHT 026 4 5 1 7 1 3,000,000 73,000,000 703,704 Lao SH 27 KHT 027 4 3 0 7 0 7,000,000 0 83,333 Lao PR 28 KHT 028 4 4 1 7 0 3,000,000 750,000 39,063 Lao PR 29 KHT 029 2 1 1 2 0 15,000,000 15,000,000 833,333 Lao 30 KHT 030 2 2 1 3 0 2,000,000 15,000,000 354,167 Lao 31 KHT 031 6 0 2 4 0 8,000,000 12,000,000 277,778 Lao 32 KHT 032 3 5 2 6 0 0 68,000,000 708,333 Lao FH 33 KHT 033 2 4 3 3 0 0 27,000,000 375,000 Lao FH 34 KHT 034 2 4 3 3 0 6,000,000 41,000,000 652,778 Lao
18 Vulnerability is to be verified agai4n during the DMS & SESAH
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Average HH Member (people) Income (LAK)/year Monthly No. HH ID Ethnic Vulnerability18 18- Income/ F M <18 >65 Agriculture Other 65 Capita 35 KHT 035 1 2 0 3 0 5,000,000 10,000,000 416,667 Lao 36 KHT 036 5 2 2 5 0 7,000,000 5,500,000 148,810 Lao PR, FH 37 KHT 037 2 1 1 2 0 8,000,000 3,000,000 305,556 Lao 38 KHT 038 4 2 2 2 2 7,000,000 6,000,000 180,556 Lao SH 39 KHT 039 6 2 3 5 0 4,000,000 11,100,000 157,292 Lao PR 40 KHT 040 3 3 3 3 0 15,000,000 22,600,000 522,222 Lao 41 KHT 041 1 3 0 4 0 0 5,520,000 115,000 Lao PR 42 KHT 042 2 4 2 4 0 5,000,000 50,200,000 766,667 Lao 43 KHT 043 4 3 2 5 0 30,000,000 37,000,000 797,619 Lao 44 KHT 044 1 2 1 2 0 6,000,000 35,000,000 1,138,889 Lao 45 KHT 045 3 1 1 2 1 1,500,000 780,000 47,500 Lao PR, FH, SH 46 KHT 046 3 4 2 5 0 3,000,000 19,320,000 265,714 Lao 47 KHT 047 3 4 2 5 0 7,000,000 13,000,000 238,095 Lao 48 KHT 048 2 0 0 0 2 4,000,000 0 166,667 Lao PR, FH, SH 49 KHT 049 4 2 2 4 0 2,000,000 2,760,000 66,111 Lao PR, FH 50 KHT 050 4 2 3 1 2 6,000,000 31,900,00 526,389 Lao FH, SH 51 KHT 051 2 1 0 3 0 1,000,000 18,000,000 527,778 Lao 52 KHT 052 2 2 2 2 0 0 8,280,000 172,500 Lao PR 53 KHT 053 3 2 2 3 0 33,000,000 66,000,000 1,650,000 Lao 54 KHT 054 6 6 2 8 2 6,000,000 30,600,000 254,167 Lao SH 55 KHT 055 1 3 1 3 0 2,000,000 73,600,000 1,575,000 Lao 56 KHT 056 1 3 2 2 0 0 60,000,000 1,250,000 Lao 57 KHT 057 3 3 1 5 0 5,000,000 51,500,000 784,722 Lao FH 58 KHT 058 3 5 3 5 0 7,000,000 60,300,000 701,042 Lao 59 KHT 059 4 5 2 7 0 2,000,000 75,000,000 712,963 Lao 60 KHT 060 5 2 2 5 0 0 117,000,000 1,392,857 Lao 61 KHT 061 1 4 3 2 0 3,000,000 5,400,000 140,000 Lao PR 62 KHT 062 3 3 1 5 0 8,000,000 32,800,000 566,667 Lao 63 KHT 063 3 3 2 4 0 4,000,000 0 55,556 Lao PR 64 KHT 064 4 3 3 3 1 6,000,000 0 71,429 Lao PR, SH 65 KHT 065 5 3 2 5 1 10,000,000 5,000,000 156,250 Lao PR, SH 66 KHT 066 3 3 1 5 0 4,000,000 6,400,000 144,444 Lao PR 67 KHT 067 4 3 0 7 0 0 30,000,000 357,143 Lao 68 KHT 068 3 3 0 6 0 5,000,000 18,000,000 319,444 Lao 69 KHT 069 1 2 1 2 0 8,000,000 0 222,222 Lao 70 KHT 070 1 5 3 3 0 500,000 34,320,000 483,611 Lao 71 KHT 071 5 3 2 5 1 1,500,000 91,000,000 963,542 Lao SH 72 KHT 072 3 4 2 4 0 7,000,000 25,000,000 380,952 Lao FH 73 KHT 073 5 4 2 7 0 2,000,000 18,000,000 185,185 Lao 74 KHT 074 3 1 2 7 0 3,000,000 11,000,000 291,667 Lao 75 KHT 075 3 1 0 4 0 15,000,000 5,000,000 416,667 Lao 76 KHT 076 3 1 0 4 0 3,000,000 12,000,000 312,500 Lao 77 KHT 077 3 5 2 4 2 6,000,000 24,000,000 312,500 Lao SH All Total = 455 229 226 117 318 20 36 Lao Note: 36 Vulnerable AHs: 21 PR: Income below poverty line 180,000 kip/capita/month, 12 FH: Female Headed, and 14 SH: Head of household >65 (9 VAHs with more than one indicator of vulnerability)
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Table A7.9 Subproject’s Summary of Main Findings of SESAH Key Topics Description Demography There are 77 AHs out of 110 beneficiary households. Heads Among 77 AHs, 12 are female headed, and 14 are senior (>65) Of headed AHs. Affected Household There is no disable head of the household. All of 77 AHs head are “owners” of their productive land There are 445 members of the AHs, average 5.9 members/AH. Members All household members are from the Lao-Tai ethno-linguistic group. Of Affected About 26% of family members are younger than 18 years and 4% Household older than 65 years, with the remaining 70% having an age between 18 and 65 years. Livelihood In only 1 case that the head of household is solely responsible for household income Working In 52% of the cases all household members contribute to the Household household Members In 32% of the cases working age family members are involved in contributing to household income The distribution of income activities by percentages are as follows: 1st group: 80% of AHs follow agriculture and 60% engages in Income livestock raising as the primary income activities. Activities 2nd group: 46% and 27% AHs have remittances from abroad and earn salary/wage respectively. 3rd group: <10% of AHs generate income via other means Based on the information provided by the surveyed head of households: There are 36 Vulnerable AHs. Among those 21 AHs have income below poverty line, 12 AHs are female Headed, and 14 AHs are head of household >65 (9 VAHs with more than one indicator of vulnerability) Note: By (A) Prime Minister’s Decree No. 285, Dated 13 October 2009, Social Status (B) Decree of Government of Laos “Poverty Criteria and Development Standard 2012-2015” No 201/Govt, Date 25 April 2012, and (C) Decree of Government of Laos “Standard Poverty Lines 2012-2015” No 303/Govt, Date 14 November 2013: National average: 192,000 kip/person/month. Specific distinction between (i) rural areas: 180,000kip/person/month, and urban areas: 240,000 kip/person/month. Acquisition of Assets and Compensation Land The AHs live in their village and has been using their land on average Use for 45 years. All households are the owners of their land. Acquisition Ownership is proven through land titles or tax declarations. All land owners were consulted and agreed that the detailed measurement survey should confirm the definitive impacts. Compensation Then after the DMS and IOL, they would confirm with the Project compensation options of their choice. This table provides a socio-economic overview about AHs based on the Note 1: SESAH. Details can be found in Attachment 7.3. All socio-economic baseline data has been provided in the SIA (Annex Note 2: 8).
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93 There were 77 affected households, 455 affected people, and 5.9 average family size. All of them were Lao Loum and Buddhists. They speak Lao and live Lao Loum culture. Seventy percent of them were in the working age. Their main income was from wage/salary; agriculture and remittances from aboard; and, from remittances from local, and livestock, respectively. 94 There were 36 households categorized as vulnerable due to at least the following; head by elders (65 or over), head by female, or having income below poverty line. They own the land and earn their living by self-employed or have their own income generating activities. 95 These group of potential vulnerable households are subjected to further consultation and study during the next detailed SES. Nevertheless, they will be taken into first priority in the development plans of the subproject, short-term and long-term. 96 It is noteworthy that all contacted heads of households expressed their expectation of an improvement of their livelihoods through an improved irrigation scheme and roads. Not only their incomes depend heavily on agricultural and farming activities, but also it would relieve their burden of dealing with unpredictable and relatively difficult to manage natural water source for farming or their struggle with poor access roads.
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Information Disclosure, Consultation and Participation 5.1 Requirements 97 In general a meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive; (v) enables the incorporation of all relevant views of affected people and other stakeholders into subproject design and implementation; and (vi) ensures the participation of AHs in planning, implementation, and monitoring and evaluation of resettlement programs. 5.2 Achievements 98 The disclosure of information, consultation, and participation to villagers and stakeholders in the subproject area started with a fieldwork during 7 December 2015. A team from NPMO/ PPMO/ DCO and LIC carrying out technical and engineering surveys together with village authorities and WUG members. The survey inspected existing agriculture infrastructure and made initial estimation of the needed for renovation and rehabilitation works. 99 During 15 January 2016, an initial layout of the concept design selected by stakeholders was presented to the village authorities for dissemination and discussion. Potential impact from land acquisition and resettlement was presented and reviewed at the survey wrap-up meeting. 100 Later, on 28 April 2016, a team of resettlement officers from the NPMO/PPMO/DCO held a meeting with villagers in the Keng Houat subproject area. The meeting discussed project resettlement policy, potential acquisition of assets, mitigation plan, compensation policy, entitlements of affected- households as set out in the entitlements matrix, including the grievance redress mechanism. Potential extent and location of asset acquisition were presented. Villagers were informed about overall process of the land acquisition. 101 The International and Ethnic Group consultant made field visit and consultations, during June 27-30, 2016, with PPMO Salavan Province, DAFO/DCO Khongxedon District and Keng Houat sub-project. 102 The PMS and SESAH were carried out from 25 August – 5 September 2016. Prior to the start of the surveys, a meeting was held on dated 27 October 2016, with PPMO/DCO staff, members of the WUG and village government to discuss the survey program and subsequently on-the-job training was held for enumerators from the PPMO and DCO to familiarize then with the methodology for the surveys including the questionnaire for the SESAH Attachment 7.11. The training covered Lao Government regulations and decrees on resettlement, ADB
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policies on Social Safeguards (resettlement and ethnic groups19), roles and responsibilities of resettlement officers, the Project’s entitlements matrix, scheduling sequence of implementation - preliminary measurement survey, socio-economic survey of affected-households, inventory of losses, detailed measurement survey – grievance redress mechanism, Public Information Booklet and the cut-off date. Information from the PMS and SESAH were used to compile and Inventory of Losses (IOL), Attachment 7.7. 103 A Replacement Cost Survey (RCS) was conducted 17 November 2016, see Attachment 7.5, to obtain estimates of replacement costs of the assets that would be impacted by rehabilitation. The potential compensation budget could be estimated from the IOL and RCS. 104 The NPMO, the international, and the national resettlement and ethnic group specialists had a mission during March 5 – 6, 2017. It is confirmed of that the contacted villagers have good understanding about the subproject and its land acquisition related aspects. They (i) show repeatedly an open attitude and a confirmed very supportive behaviour towards the subproject as irrigation and road improvement are topics of high interest, and (ii) did not raise serious concerns or issues. 105 Provincial and district officials, as well as village representatives, households and families have been informed about the subproject in general and LACP aspects in particular. The subproject ensured that potential affected people and other stakeholders have (i) obtained information about LACP aspects, and (ii) had opportunities to participate in the PMS and SESAH process. An overview about LACP related governmental coordination and community consultations has been prepared in Attachment 7.5. 106 The dissemination and consultation activities are performed as an integral part of the resettlement planning process to inform the concerned villages about LACP items through (i) village meeting/s and (ii) individual clarifications, in addition to (iii) joint transect walks. During PMS fieldwork, the EA, IAs and consultants initially provided information about participation of affected people in land acquisition activities, the involvement of district and village leaders in the overall process, choices of compensation and mitigation measures. 107 The feedback given to EA, IAS and LIC consultants during on site meetings of affected households has been recorded and incorporated in the design and this report. This concerned mainly location of the headwork which the farmers preferred a new location, and keeping the canal along the main road of the village so they can enjoy using the service road as the village road, as well. Also, it was suggested to put the the rehabilitation of the access road connecting the villages to the national road R13 as high priority.
19 ADB uses the term Indigenous People while the Lao Government uses the term ethnic group
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108 Information disclosure, participation and consultation are a continuing process. Once the LACP is approved by ADB the Detailed Design of the irrigation scheme will be carried out based on the concept engineering design layout. On completion, the detailed design would be presented to the local stakeholders and a walk-through review undertaken to present the design on the ground and verify accuracy of the cadastral map. Once agreed by the stakeholders the detailed design and cadastral map would be used to carry out the detailed measurement survey (DMS) and compile an IOL that would be presented to the affected households in a walk-through review. Following verification of land acquisition and ownership an inventory of losses would be compiled and affected- households tabulated. Any households affected that was not identified in the PMS and included in the associated SESAH would be interviewed. 109 After the DMS, the finalized inventory of losses and the entitlement matrix would be presented and consulted with respective AHs. Each of them would decide on their preferred compensation. Once the choice has been made a Compensation Entitlements Form (CEF), Attachment 7.10, would be completed and signed by the head(s) of the affect-household and counter-signed by appropriate village, district and provincial government and a designated representative of the Independent Safeguards Monitoring Entity. Records of discussions with AH during the compensation negotiations will be maintained and any grievances will be recorded in the subproject grievance redress log along with actions to address the complaint. 110 The LACP would be updated and submitted for review to ADB. Following ADB concurrence compensation would be disbursed and the Land Acquisition and Compensation Report (LACR) prepared and submitted to ADB. ADB concurrence for the LACR is a pre-requisite to the start of any civil works at the subproject.
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Complaints and Grievance Redress Mechanisms 6.1 Requirements 111 These mechanisms are defined in the Project’s Resettlement Framework aiming at the participation of APs throughout the various stages of LACP planning and implementation of subprojects. The information for APs about entitlements, compensation and supportive mitigation options and grievance mechanisms haven been and shall continue to be provided by the Project’s relevant agencies and committees. Meetings with APs also allow the implementing agencies to identify the needs and preferences of APs pertaining to compensation and rehabilitation assistance and to reduce any negative potential impacts caused by the proposed subproject. 6.2 Grievance Redress Mechanism 112 The main steps outlined in Table A7.7 serve as an orientation for the grievance redress mechanism. For each step detail, has been described, agreed and explained to both responsible grievance committees and the residents of affected villages. 113 However, APs, or any member of the communities, are entitled to lodge complaints regarding any aspect of the preparation and implementation of this LACP without prejudice to their right to file complaints with the court of law at any point in the process. The implementing agencies would shoulder all administrative and legal fees that would be incurred in the resolution of grievances and complaints. 114 It is recognized that members of AHs might not have writing skills or ability to articulate their grievances verbally, then AHs are encouraged to seek assistance from the subproject and/or nominated local non-governmental organizations and/or other family members, village heads to have their grievances recorded in writing and to have access to the LARC documentation, and to any survey or valuation of assets, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly. 115 All formal complaints and resolutions would be properly documented by the relevant authority at each step in the process and be available for (i) the public and (ii) review for monitoring purposes. A specimen of a GRM register is presented in Attachment 7.12. Table A7.10: Project Main Steps of Grievance Redress Mechanisms
Steps, Actions and Levels of Intervention Time ▼ V I L A G E 1.1 Complainant explains problem/issue verbally or in writing to one of the following; village mediation committees (VMCs), village women union, AISP village coordinator, member of WUG, village senior advisor, construction site supervisor, contractor engineer, and district project coordinator. They would be the first contact for affected persons (APs) to address their concerns. 10 1 1.2 VMC would be responsible for land acquisition and compensation (LAC) issues or days the village would establish a sub-project related village LAC committee. 1.3 The committee aims at clarifications and solution within its village and with the complainant. 1.4 This mediation aims at a sub-project internal immediate solution.
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Steps, Actions and Levels of Intervention Time If the complaint cannot be solved at this stage, the next step is to apply. ▼ S U B – P R O J E C T If not solved before: 2.1 Complainant presents complaint/s or grievance/s verbally or in writing. 2.2 A sub-project grievance committee (SPGC) would be the second contact for affected people (APs) to address their concerns. further 2 2.3 Registration of the complaint by SPGC. 10 2.4 In collaboration with VMC and AP this SPGC would elaborate on the days complaint. 2.5 This mediation aims at a sub-project internal amicable solution. If the complaint cannot be solved at this stage, the next step is to apply. ▼ D I S T R I C T If not solved before: 3.1 APs would address their complaints to the Grievance Redress Committee (GRC). further 3 3.2 Involvement of authorities and departments 10 3.3 Collaboration with APs, SPGC and village committee. days 3.4 This mediation aims at a mutual arrangement to solve the complaint. If the complaint cannot be solved at this stage, the next step is to apply. ▼ P R O V I N C E If not solved before: 4.1 APs with or without support from CSO/NGO, but with assistance from the sub-project would address their complaints to the provincial departments and possibly governor’s office. 4.2 Shall involve GRC. further 4.3 Can involve independent, external advice on the issues of the 4 10 complaint. days 4.4 At this level, a formal agreement would be the objective to agree upon. 4.5 Before applying step 5, provincial and district staff should make final efforts to find an agreement with the AP. If the complaint cannot be solved at this stage, the next step is to apply. ▼ C O U N T R Y If not solved before: 5.1 Final step to solve land acquisition, boundary and/or Open, compensation issue. but 5 5.2 Court will take note and register the case. further 5.3 Court to provide final juristic decision. 20 5.4 In case of required actions, the complainant and/or sub-project days proponent have to follow.
Notes N-1: The shown approach is in line with the Technical Guidelines on Compensation and Resettlement of Affected People by Development Project, March 2010. N-2: The shown days per step should be understood as a maximum duration. N-3: The grievance procedures are also applied for environment related complaints.
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6.3 Achievement 116 Concept of the grievance redress mechanism of the Project was presented to Salavan PPMO and Khongxedon DCO, on 3 May 2016, (Attachment 7.6). 117 Governor of Khongxedon District appointed the Steering Committee and the Grievance Redress Committee for the Project at district level, on 13 June 2016. Then, the governor also appointed the Grievance Redress Committee for the Keng Houat subproject at village level, on the same date. 118 A Grievance Redress Mechanism Register has been developed and copies distributed to the PPMOs and DCOs for each step in the process – village, subproject, district, provincial and national level. Then, this information was disseminated in subsequent consultation meetings. The stakeholders will continue to be briefed about rights to grievance and the formal mechanism to use for that purpose throughout the lifetime of the project. Implementation of the grievance redress will regularly be reported as part of the monitoring program. 119 Any member of the local community can express a complaint to the grievance committee, or following people; village women union, AISP village coordinator, member of WUG, village senior advisor, construction site supervisor, contractor engineer, and district project coordinator. The complaint can be filed first at the village level and can be elevated from village to subproject to district, to province and ultimately national court level if the complainant is not satisfied with the decisions made by the committees on the respective levels. The complainant would be exempted from all taxes, administrative and legal fees associated with their claims and grievance redress.
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Legal Framework 7.1 Lao Requirements 120 The Project’s Resettlement Framework (RF) describes the legal framework. Each subproject has to follow relevant Lao PDR laws, decrees and regulations including but not limited to the: Lao PDR Constitution, dated 1991 and updated in 2015, describing very generally among others the (i) socio-economic system, (ii) fundamental rights and duties of citizens, (iii) local administrations, (iv) judicial organs; Lao National Land Law, dated 2003, currently in the process of being updated, including among others (i) defining land use and land ownership, (ii) describing land tenure system, (iii) providing the regulation framework for compensation of land but also including relocation of people that are affected by development schemes; Lao National Forestry Law, dated 1999, including among others (i) defining policies on forest and watershed management, and (ii) promoting conservation and rehabilitation of forest resources; Lao National Water and Water Resources Law, dated 1996, including among others (i) principles/rules defining exploitation of the water and water resources, (ii) management regulations for protection and preservation of the water and water resources, (iii) outlining water resources classification systems including the use of water resources; Lao National Road Law dated 1999, including among other (i) describing public roads and road activities, (ii) defining management and land use for roads, (c) explanations to construction of roads and monitoring of roads’ conditions; Decree No.192/PM of the Prime Minister, dated 7 July 2005, concerning the compensation and resettlement of people affected by development projects. This decree has been replaced by a new improved Decree No.699/PMO of the Prime Minister Office 12 March 2010 on Compensation and Resettlement of Development Projects; Regulations for Implementing the Decree of the Prime Minister on Compensation and Resettlement of People Affected by Development Projects (No.2432/STEA, dated 11 November 2005), are currently assumed remaining valid and to be applied; Decree 84/PM, dated 05 April 2016, Compensation and Resettlement Management in Development Projects, incorporating Decree 192 and Regulation No. 2432/STEA; and
Reduction of Poverty Fund’s Social and Environmental Guidelines dated 2008.
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7.2 ADB Regulations 121 In general, the national Lao policies on land acquisition, compensation, assistance and resettlement are aligned with the ADB’s key guidelines for involuntary resettlement such as: Safeguard Policy Statement, dated June, 2009; and Operational Manual Section F1/OP, dated October, 2013. In case of differences/gaps between national legislation and ADB standards, the stricter standard would be applied. 7.3 Agreed Key Principles 122 Based on these key references as determined in the RF the Project has defined the following key principles and compensation approach aiming at LARC objectives the subprojects shall achieve, as shown in Tables A7.11 and A7.12. Table A7.11: Agreed LACP Key Principles of Project
No. Topic Key Principles Owners and/or users of affected assets and loss of resources or access 1 to resources shall be entitled for compensation and rehabilitation Owners / Users measures. of Lack of legal rights to the assets lost would not bar the project affected Affected Assets 2 people from entitlement to such compensation and rehabilitation measures. If possible, involuntary resettlement and loss of land, structures and other 3 Land Acquisition, assets and incomes shall be avoided and minimized by exploring all viable Compensation options and Preparation of resettlement plans and their implementation shall be 4 Resettlement carried out with participation and consultation of project affected people. (LARC) Schedule of budget for resettlement planning (including socio-economic 5 Planning surveys and/or census) and implementation shall be incorporated in project planning and financing. Project affected people shall be provided with compensation for their lost assets, incomes and businesses. The provision with rehabilitation 6 measures shall be sufficient to assist project affected people in improving or at least maintaining their pre-project living standards, income levels and productive capacity. Compensation Replacement of affected assets shall be provided following the principle for 7 of replacement costs, without deduction for the value of salvaged Affected People materials, taxes, transaction costs and depreciation. (APs) Payment of compensation or replacement of affected assets and any and/or resettlement to new locations all concerning project affected people shall 8 Affected be completed prior to the award of civil works contract. Rehabilitation Households measures must also be in place, but not necessarily completed, as these (AHs) may be ongoing activities Compensation and rehabilitation assistance for ethnic minorities, and socially disadvantaged such as households headed by women, the 9 disabled and elderly, the landless and poor would be carried out with respect for their cultural values and specific needs.
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Table A7.12: Project Main Components of Compensation Approaches
Internationally Lao PDR Key Item EWEC - AISP Applied Best Practice Legislation Include all affected Shall include all affected people in people including those residential, agricultural and commercial Scope of affected by areas that are: impact construction and (i) permanently /temporarily acquired operational (ii) construction and O&M related sites/facilities (iii) private and/or public areas Shall define all assets: Definition of All fixed and movable (iv) legally acknowledged, and assets assets (v) as identified during PMS/DMS and SESAH Compensation Shall be offered and provided too eligible: to formal Compensation legally (vi) private users owners / required (vii) private organizations (WUG, etc.) users of (viii) public users assets Compensation Shall be applied to eligible households or Compensation to be to informal / individuals: provide to users of unregistered (ix) whose user rights are proven by tax assets and resources owners / or other formal payments based on traditional users of (x) socio-economically surveyed as rights assets users of affected assets
Special support to All Shall be for households or individuals: ethnic groups Listed (xi) formally known or acknowledged at using assets Special mitigation Key community level as related to one measures throughout Items of these groups Special the project cycle Are (xii) During pre-construction, construct- support to Mandatory ion and post-construction phases vulnerable groups Compensation to be Shall include, among others: Livelihood provided in addition to (xiii) Income rehabilitation measures restoration loss of assets, crops (xiv) Others to be defined etc. Shall be applied and shown through: (xv) Technical optimized design of proposed infrastructure Avoiding physical Relocation (xvi) If not avoidable, relocated house- displacement holds shall receive (for no costs or payments) issued land titles for their new compounds Before start of construction: Timing of Before construction (xvii) Funds made available and proven compensation start of any to be accessible conditional to and support infrastructure release of construction funds measures subproject (xviii) Paid and/or provided to affected individuals/households Note 1: International best practices as applied by ADB, World Bank, others. Note 2: Final resettlement planning shall provide details of these and other items Source: Greater Mekong Subregion East West Economic Corridor Agriculture Infrastructure Project (RRP LAO 44138) Resettlement Framework May 2013
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123 These principles all support the ADB’s Safeguard Policy Statement (SPS) principles, in particular principle 3, “Improve, or at least restore, the livelihoods of all displaced people 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.” This policy intends to ensure that the absence of formal and legal titles to land by affected grouped or individual users should not be formal or legal reasons for non-compensation, and that “particular attention should be paid to the needs of the poorest affected people including those without legal title to assets, female-headed households, and other vulnerable groups, such as indigenous people, and appropriate assistance provided to help them improve their status”. Currently, both ADB guidelines and policies, and Lao PDR national laws and regulations entitle subproject affected people to compensation of private assets including land at replacement costs.
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Entitlement, Assistance and Benefits 8.1 Entitled Affected People 124 In general, the subproject defines eligibility as “those people residing, cultivating and/or making a living within the area to be acquired for the project or otherwise impacted by the project activities as of the formally recognized cut-off-date, should be considered as project affected people for the purposes of entitlements to compensation, resettlement and rehabilitation assistance in accordance with the provisions of laws and regulations. A provisional cut-off- date at the start of the IOL has been proposed. Lack of legal land use certificate or any acceptable proof indicating land use right to the land or structure affected by the project should not bar any person from such entitlement/assistance.” In accordance with this definition for the purpose of resettlement planning the Project includes affected people as shown in Table A7.13. Table A7.13: Project Categories of Entitled Affected People
No. Categorized APs People/households whose agricultural, residential, or commercial land is in part or in 1 total affected (temporarily or permanently) by the subproject. People/households whose houses and other structures are in part or in total affected 2 (temporarily or permanently) by the subproject. People/ households whose businesses or source of income (i.e. employment) are 3 affected (temporarily or permanently) by the subproject. People/households whose crops (annual/perennial) and trees are affected by the 4 subproject. People or households who stand to lose access to common property resources and 5 community assets (temporarily or permanently) due to the subproject.
125 Eligible people are entitled to be provided with compensation and rehabilitation measures sufficient to assist them to improve or at least maintain their pre- project living standards, income earning capacity and production levels. Table A7.14 Project’s Entitlement Matrix Compensation and Type of Entitled Persons Rehabilitation Other Considerations Loss Measures I. LOSS OF LAND A1. Tillers and legal a) Cash compensation for cost If temporary disturbance is Temporarily owners identified of soil restoration more than one (1) year, Affected during the census. b) Compensation for legal owners may (i) let go Agricultural, improvements of their land in exchange for Land on the land (i.e., crops, land with the same size and structures) as specified below productive capacity, or (ii) sell the land to the proposed Project at replacement cost or current market value which will be assessed during resettlement plan preparation. A2. Occupants and c) Compensation for If temporary disturbance is Temporarily legal owners improvements more than one (1) year, Affected identified during on the land (i.e., crops, legal owners may (i) let go Residential the census. structures) as specified below of their land in exchange for
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Compensation and Type of Entitled Persons Rehabilitation Other Considerations Loss Measures or land with the same size and Commercial value, or (ii) sell the land to Land the proposed Project at replacement cost or current market value which will be assessed during resettlement plan preparation. B. Legal owners d) As a priority, compensation If the impact on land is Permanently identified during will be through “land for land minor or less than 10% of Affected the census. arrangements” satisfactory to the total landholdings, Aps Agricultural, APs (for agricultural land – may opt for cash Residential equal size and productive compensation for the or capacity; for residential land - affected land Commercial equivalent size; and for Land commercial land – equal size and accessibility to customers). e) Compensation for improvements on the land (i.e., crops, structures) as specified below II. LOSS OF STRUCTURES Houses and Owners identified f) For permanent houses and All relocating affected Structures during the census. structures, cash compensation household with permanent Tenants renting equivalent to replacement cost or temporary houses/structures. without depreciation and without houses/structures are deduction for salvageable entitled to a shifting materials. allowance. g) For temporary or moveable structures, APs will receive a lump sum of LAK2 million for damages and reconstruction. h) Tenants renting structures are entitled to three months’ rent at prevailing market rate in the area and assistance to identify alternative accommodation and transport allowance and transition allowance. APs that are Materials Transport Allowance: Applies to all APs with either required to move i) For large houses (at least permanent or temporary back or relocate XXX (moveable) to other areas sq. meters), a lump sum of houses/structures For LAK7.0 relocating APs, the PAFOs, million. with the help of the j) For small houses (at most concerned resettlement XXX committees, will calculate sq. meters), a lump sum of the amount for the transport LAK6.0 of household effects, million. salvaged and new building k) Others to be defined for materials to new sites. specific cases. Housing Transition Allowance: l) Lump-sum of LAK2.5 million
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Compensation and Type of Entitled Persons Rehabilitation Other Considerations Loss Measures (equivalent to 30 days wages) III. LOSS OF CROPS AND TREES Crops and Owner or person m) Cash compensation for loss APs will be identified by the Trees with customary of village head. Compensation usage rights. crop at current market value. will be based on the type (1) Cash compensation in full and age and productivity for replacement cost, or trees while crops will be (2) compensation in kind for based on the anticipated loss harvest at market value. of trees, or (3) compensation for replanting same trees with additional compensation for limited loss of crop. IV. LOSS OF COMMON PROPERTY RESOURCES Common Affected n) Restoration of affected The compensation will be Property community community properties to at least used collectively for income Resources or concerned previous condition; OR restoration and/or new government o) Replacement in areas infrastructure. agencies. identified in consultation with affected communities and relevant authorities. p) If income loss is expected (e.g. irrigation, community forest, community grazing land), the village is entitled to compensation for the total production loss (over 3 years). V. LOSS OF INCOME Business or Owners of q) Lump sum of LAK3 million to For relocating small Income business compensate for loss of small businesses such as shops and employees business and restoration of or small restaurants, the identified during income. For bigger business PPTA calculated a lump census shops income related sum of LAK1.5 million compensation will have to be during the transition period. calculated For big businesses, the r) For employees, cash amount will be calculated compensation for lost based on the business salary/wages for each day they income statement that they cannot work while business is could provide. reorganizing at new site. VI. SPECIAL ASSISTANCE FOR SOCIALLY OR ECONOMICALLY VULNERABLE HOUSEHOLDS APs belonging to s) A LAK50,000/day for 90 days For example, households vulnerable groups special allowance plus being very poor and with an including the very additional cash and other elderly household head poor20 headed by assistance based on identified would be entitled to the needs and priorities, LAK100,000 /day for 90 aged, women, households with more than one days.
20 A very poor Vulnerable Affected Household (VAH) is the VAH that does not have rice sufficiency for year-round consumption. Rice support will be provided at 0.5 kg of milled rice/day/person up to 90 days based on actual needs of each VAH.
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Compensation and Type of Entitled Persons Rehabilitation Other Considerations Loss Measures disabled, and factor of vulnerability being ethnic entitled to a LAK50,000 /day for minorities. 90 days allowance for each factor. In addition food supply shall be provided (0.5 kg rice/day/person for 90 days) t) In addition APs will receive any necessary support to obtain replacement land and resettlement. Vulnerable u) Vulnerable households To be designed in a households should participatory manner during participate in an income the updating of the RP. restoration program Severely affected v) Participation in an income To be designed in a households restoration program participatory manner during (losing the updating of the RP. 10% or more of their total productive assets). Note: The shown costs in LAK are indicative only to ensure that a budget for support and mitigation measures has to be planned and made available. During implementation phase the individual costs for the shown items in this table have to be defined and calculated in detail.
126 Entitlements for each subproject affected household are based on the type and level of losses. General orientation has been provided by the overall Project’s RF. The defined entitlements have been followed and complementary details provided by the explanations given below. 8.2 Loss of Assets and Resources 127 A preliminary IOL has been conducted and summarized in Table A7.3 and A7.4. Details can be found in Attachment 7.7. Table A7.15: Subproject’s Entitlement Matrix
Type of Loss Entitled AHs Mitigation Measures Implementation Issues I. LOSS OF LAND A Temporarily Affected Tillers and legal If temporary disturbance is more than one (1) year, A-1 Agricultural Land owners identified a) Cash compensation for legal owners may (i) let go of their land in exchange during the census cost of soil restoration for land with the same size and productive capacity, A-2 Residential Land b) Compensation for or (ii) sell the land to the proposed Project at Occupants and improvements on the land replacement value, including further costs legal owners (i.e., crops, structures) materializing when acquiring land, including taxes, identified during the A-3 Commercial Land fees, etc. which will be assessed during resettlement census. plan preparation.
B Permanently Affected
B-1 Residential Land 30 AHs Measured 751.4 m2. There are two mitigation options: (i) land for land, in case of severely impact, and such land is available; (ii) cash for land Total of 36,189.1m2. However, a final decision would not be made until None of AHs has the Detailed Measurement Survey has been B-2 Agricultural Land 53 AHs significant impacts, or completed and an accurate measure of land take is with affected land of 10% available to the AH. or more. The land titles will be modified (at no cost to the AH)
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reducing their land to what has been acquired for the B-3 Commercial Land 0 - project B-4 Communal Land 0 - II. LOSS OF HOUSES & OTHER STRUCTURES C Temporarily Affected C-1 Houses 0 - C-2 Secondary Structure 0 - C-3 Fence 0 - C-4 Others 0 - D Permanently Affected D-1 Houses 0 -
1 rice storage (6 m2) (i) new replacement structure; (ii) relocation to D-2 Secondary Structure 2 AHs nearby area of the owner; (iii) cash for existing 1 farm hut (12 m2) structure; The AH does not have to make a choice for their mitigation option until the DMS has been 867.0 m of wooden completed and the loss of the structure confirmed. D-3 Fence 23 AHs fence D-4 Others 0 III. LOSS OF CROPS & TREES E Temporary Loss of E-1 Crops 0 E-2 Trees 0 F Permanent Loss of No irrigated dry season F-1 Crops 0 crop during 2017 8 trees; 2 mango trees, F-2 Trees 2 AHs (i) Cash compensation for the cost of the trees. 6 banana trees. IV. LOSS OF COMMON PROPERTY RESOURCES G Temporary Loss of Services G-1 Administration 0 G-2 Water and Sanitation 0 G-3/4Health and Education 0 G-5 Transport 0 G-6 Land H Permanent Loss of Services H-1 Administration 0 H-2 Water and Sanitation 0 H-3/4 Health and Education 0 H-5 Transport 0 H-6 Trees 0 V. INCOME RESTORATION I Material Transport 0 Allowance J Housing Transition 0 Allowance K Business Transition 0 Allowance Provide special L Special Assistance for 36 AHs classified attention, and give Socially and/or as household with priority during Economically Vulnerable vulnerable headed consultation, planning, Households Preference to AH members for consideration of and implementation. temporary job opportunities. The very poor who does Participating in subproject component “agricultural not have rice sufficiency development planning”. for year-round The AHs should obtain a priority through the consumption, will be subproject to be considered (i) for job M Other Support Measures provided 0.5 kg of milled opportunities by the contractor, and (ii) the rice/day/person up to 90 agricultural development planning. days based on actual needs of each VAH.
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. Loss of Land 128 A small amount of residential and productive land would need to be acquired permanently for the rehabilitation. About 3.62 hectares of private productive land out of 174.8 hectares and another 751 m2 of residential land of 52 households and 30 households respectively, have been identified as impacted by the subproject. A Preliminary Measurement Survey (PMS) has been performed to define plots and the size of affected areas on AHs land. The preliminary compensation cash-for-kind was calculated and had been included in the resettlement budget. 129 Compensation as land-for-land has been considered by the affected land owners and PPMO/DCO but is impractical as alternative comparable land is not available. 130 At this stage, it can be assumed that there likely would be temporary land requirements for establishing construction installation areas and camps on government or community land. Contractor/s would be responsible for paying rent or any compensation cost if required to the community or private individuals, in line with this LACP at replacements cost. Standard contractual obligations regarding with contractor/s regarding temporary usage and/or damaged assets are to be applied as a precaution in contracts. In case contractor/s would damage property the contractor/s, the grievance redress mechanism is triggered. The contractor/s would be obliged to pay compensation at replacement costs immediately to affected families, communities or government agencies and/or damaged property would be restored immediately to its former condition. . Loss of Houses and Other Structures 131 No cases of affected primary houses and structures were recorded. 132 There are 1 farm hut and 1 rice storage considered the secondary structures would be 100% impacted by extension of the canals. The total footprint of the 2 structures was 18 m2. The compensation at replacement cost was calculated and had been included in the resettlement budget. . Loss of Crops and Trees 133 There would be 8 trees, 2 mango trees and 6 banana trees belong to 2 households affected by construction. 134 There would be no damage of standing crops because of construction works that would be scheduled in accordance with harvesting period. Additionally, the farmers will be informed in advanced about construction schedule, so they can plan their cultivation or harvesting accordingly. . Loss of Access 135 The rehabilitation of the canals, there will be temporarily limited or no provision of irrigation water. In such a case, options for temporary water supply, if required, shall be agreed with farmers and be provided by the Project through
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the contractor. However, Keng Houat Irrigation Scheme was not in use for the dry season of 2017, due to malfunction of the pumping system. Hence, without the project, farmers had been changing source of water for consumption to other alternatives e.g. river, pond or dug well. It is expected that the situation will not be worse off by the project. . Loss of Common Property Resources 136 The road will be constructed along the alignment of the existing road and within the Road Limit (right-of-way) that is 5 m either side of the center line21. It is not anticipated there will be any land acquisition associated with access road construction. 8.3 Relocation of Housing and Resettlement 137 No relocation of houses or resettlement through this subproject to report. 8.4 Income Restoration and Rehabilitation 138 No income restoration and rehabilitation through this subproject to report. 8.5 Allowances 139 No cases of allowances to report. 8.6 Special Assistance 140 As all AHs are direct beneficiaries, they shall in addition receive priority consideration for the subproject’s community development activities allowing them to participate in offered assistance through technical support and training concerning agricultural production extension, agricultural production diversification, and attending campaigns and/or training sessions for Water User Groups.
21 ROAD LAW No. 04/NA Date: 3/4/99 Chapter 2 Article 20 The limit of the road is the total area of the road that includes road surface, shoulder footpath drainage ditch slope and the reserved zone for the road.
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Resettlement Preliminary Budget 9.1 Preliminary Land Acquisition Cost Estimate 141 A cost estimate has been prepared based on a compensation unit rate (See Attachment 7.8) leading to a total of rounded LAK 757.1 million (included 20% contingencies). It has been limited to compensation for land, secondary structures, and trees. 142 This estimate does not include indirect costs for resources related to safeguard implementing and monitoring and evaluation (M&E) at national, provincial, and district levels as they are provided under the governmental budget US$ 0.6 million, which are the contribution of Lao PDR for this Project. External M&E costs are included in funds from ADB covering also project supervision. External M&E would be performed by an independent safeguard monitoring entity, which is be contracted separately using ADB loan funds. 143 LARC related costs would be financed by the Government counterpart funds. 9.2 Land Acquisition Budget 144 A summary of the details can be found in Table A7.16 and A7.17 below gives a complete overview of all the cost per item. After detailed design the DMS would establish the actual impacts and a final budget would be prepared. 145 Costs for LARC and safeguards implementations are borne by separate budgets. Table A7.16: Land Acquisition and Compensation Cost Estimation
Unit Cost Compensation Cost No Item Description Amount Unit (LAK) (LAK) 1 Residential Land 751.4 m2 30,000 22,540,500 Irrigated Paddy 32432.0 m2 15,000 486,480,000 2 Productive Land Irrigated Garden 3853.4 m2 25,000 96,335,000 Fish Pond 195.7 m2 10,000 1,957,000 Farm huts 12.0 m2 200,000 2,400,000 Rice Storage 6.0 m2 130,000 780,000 3 Structure Wooden fence 305.0 m 10,000 3,050,000 Barbed wire fence 562.0 m 30,000 16,860,000 Banana 6.0 tree 20,000 120,000 4 Tree Mango 2.0 tree 200,000 400,000 Total compensation cost 630,922,500
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Table A7.17: Keng Houat Subproject’s Land Acquisition and Compensation Budget
Preliminary Item Description Comments Cost (LAK) Temporary construction access and site installation area will be defined by contractor in proposal at tendering stage. Temporary land acquisition 0 Public apace will be made available. In case of affected private land, contractor would Loss of land have to make his arrangements with land owner/s 751.4 m2 of residential land 22,540,500 This would be verified during the acquisition process and compensation procedure in the 2 36,481.1 m of productive land 584,772,000 DMS stage.
Loss of The project does not cause any primary relocation of houses or No costs structures settlements.
2 1 rice storage (6 m ) 780,000 Three farm huts to be relocated within the Loss of 1 farm hut (12 m2) 2,400,000 compound of paddy field and might require secondary some rearranged integration with the structures 867.0 m of fences 19,910,000 existing structure.
Loss of No damage of standing crops No costs No dry season crop without the Project. crops by construction works.
2 mango trees 400,000 This would be verified during the acquisition Loss of trees process and compensation procedure in the 6 banana trees 120,000 DMS stage. Loss of The subproject does not cause common any relocation of common No costs property properties. resources The subproject does not cause Income any effects which would require No costs restoration the provision of allowances. 21 AHs are living below the To be Special poverty line. The very poor will estimated in
assistance be identified during the DMS the next and next SES. step Complement There are no cases for such ary No costs measures. measures Planned Sub-Total 1: Mitigation 630,922,500 LARC Administrative matters – No costs implementation separately budgeted. Safeguard M&E - separately budgeted. No costs implementation Planned Sub-Total 2: Implementation 0 Contingencies (10% of subtotals 1 and 2) 63,092,250 Planned Sub-Total 3: Contingencies 63,092,250 Total contingencies, 20% Preliminary Budget Estimated [LAK] 757,107,000
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Institutional Arrangement 10.1 Project Management Structure 146 To ensure national inter-agency cooperation, a National Project Steering Committee (NPSC) has been established. The NPSC chaired by the Vice- Minister MAF will meet annually or as required to review overall implementation progress, approve project annual work-plans and budgets, and to provide overall policy guidance. A Provincial Project Steering Committee (PPSC) will provide provincial inter-agency cooperation. The PPSC will meet six-monthly or as required to review overall implementation progress, approve provincial annual work-plans and budgets, and to provide overall policy guidance. 147 The National Project Management Office (NPMO) provides secretariat services to NPSC and the Provincial Project Management Office (PPMO) provides secretarial services to PPSC to ensure inter-agency coordination at provincial level. The PPSC is chaired by the provincial Governor or a nominated representative. The PPSC has to ensure adequate levels of cooperation between key agencies for project coordination. Subproject Investment Reports shall be approved by the PPSC before referral for endorsement by NPSC. 148 The Executing Agency (EA) is the Ministry of Agriculture and Forestry (MAF) which fulfils its responsibilities through its Department of Irrigation which has established a National Project Management Office (NPMO) in Vientiane headed by a National Project Coordinator (NPC). NPCO is responsible for overall coordination and management of the Project. 149 The implementing agencies are the Provincial Agriculture and Forestry Offices (PAFOs). The PPCOs which have been established within each PAFO are responsible for financial management at provincial level, and coordination, management and implementation of subprojects. To assist implementation of the Project at the district level, District Coordinating Offices (DCOs) have been established within the participating District Agriculture and Forestry Offices (DAFOs) to assist with the coordination and supervision of subproject activities. 150 At provincial and district levels staff have been assigned to the positions and committees responsible for LARC matters. Relevant LARC related legal documents were distributed to the provincial and district staff involved in LARC activities already at PPTA stage and/or at the current implementation phase. The same staff has been involved in the consultation process, LARC screening, socio-economic surveys and PMS/DMS during the subprojects’ feasibility stages. 151 The NPMO manages the program and ensure policy actions are implemented. The NPC is also responsible for recruitment of consultants, procurement of goods, works and services following international and national competitive bidding procedures, management and withdrawal of funds, disbursement, and reimbursement. The NPC has also the responsibility management, coordination and supervision of the project activities of the IAs.
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10.2 National Project Management Office 152 As the NPMO is responsible for the overall management of the Project it has to assure overall coordination, planning, implementation and reporting for the Project. 153 The NPMO has a social safeguard officer to handle land acquisition and resettlement matters. NPMO will guide, support, endorse and monitor the work of the PPMO in each project province for all activities related to planning, implementation and monitoring of land acquisition and resettlement where required for the subprojects, including: Screen subproject and determine subproject resettlement impact categorization; Guide, support and oversee the work of PPMO, and other stakeholders for all activities related to planning, implementation and monitoring of plans and activities for voluntary and involuntary land acquisition; Prepare LACRs for subprojects with resettlement impacts to be submitted to NPMO for endorsement and ADB for approval; Coordinate PMS/DMS, SESAHs and implement public consultations, livelihood restoration program, development of resettlement sites and all other resettlement activities required to implement the LACP; and Coordinate internal monitoring activities including development of monitoring indicators, procedures and reporting requirements for all subproject that require resettlement. Review and compile provincial monitoring reports into one quarterly progress report, and oversee implementation of remedial action. 10.3 Provincial Project Management Office 154 In each province, a PPMO is responsible for supporting the Project in planning, implementation, monitoring and overall management of subprojects. 155 The PPMO has a designated social safeguard officer to coordinate with the NPMO and oversee and participate in the planning, implementation and monitoring of all activities related to land acquisition and resettlement matters. The PPMO social safeguard officer will guide, support, endorse and monitor the work of the DCO’s in each subproject district for all activities related to LACR, including: 156 Guide, support and oversee the work of DCO’s, and other stakeholders for all activities related to planning, implementation and monitoring of plans and activities for voluntary and involuntary land acquisition; 157 Conduct PMS/DMS, SESAHs and implement public consultations, livelihood restoration program, and all other resettlement activities required to implement the LACP; 158 Ensure quality control, continuity and consistency in data collection and processing and reporting to NPMO;
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159 Support the establishment of Grievance Committees at the village, subproject, district and provincial level; and 160 Coordinate internal monitoring activities including development of monitoring indicators, procedures and reporting requirements for all subproject that require resettlement. Review and compile provincial monitoring reports into one quarterly progress report, and oversee implementation of remedial action. 10.4 District Coordination Office 161 In each district, a DCO is responsible for supporting the subproject in planning, implementation, monitoring of subprojects. 162 The DCO has a designated social safeguard officer to coordinate with the PPMO and participate in the planning, implementation and monitoring of all activities related to land acquisition and resettlement matters. The DCO social safeguard officer will be responsible for the implementation of all activities related to LARC, including: Conduct PMS/DMS, SESAHs and implement public consultations, livelihood restoration program, and all other resettlement activities required to implement the LACP; Ensure quality control, continuity and consistency in data collection and processing and reporting to PPMO; Support the establishment of Grievance Committees at village, subproject and district level; and Coordinate internal monitoring activities including development of monitoring indicators, procedures and reporting requirements for all subproject that require resettlement. Review and compile district monitoring reports into one quarterly progress report, and oversee implementation of remedial action. 10.5 Ministerial Executing and Implementing Agencies and Their LACP Roles 163 MAF is the Executing Agency (EA) acting through its Department of Irrigation (DOI) to assure overall coordination, planning, implementation of subprojects including the cooperation with LACP related committees. They will guide, support, endorse and monitor the work of the provincial agencies and committees for all subprojects’ planning and implementation of LACP activities. As most subprojects will cover corridors of impacts related to canals and parallel roads the NPMO and PPMO play particular roles by covering among other the following tasks: Prepare a Guideline on Resettlement and Land Acquisition, which includes training program for provincial resettlement officers, based on this Framework and submit it for approval of ADB; Provide initial training to provincial implementing agencies’ resettlement focal points related to planning, implementation and monitoring of plans and activities for voluntary and involuntary land acquisition. The social safeguards training has taken place during the updating of the Phase I LACPs by ADB consultants working with the NPMO and in the implementation phase of subproject Phase I as part of the NPMO/LIC
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services. In Phase II a second batch of social safeguard trainings have been provided see paragraph 12.5 for details. Develop internal monitoring indicators, procedures and reporting requirements for all subprojects that require involuntary land acquisition. Review and endorse quarterly provincial monitoring reports, particularly it concerns management of budget, other resources and schedules; and, oversee remedial actions as required. Review and endorse all external monitoring reports prepared by the IMO. Coordinate and oversee the (i) payment of compensation and allowances to AHs. 10.6 Introduction into LACR Aspects 164 Capacity building of the EA and IAs has been provided from 27 to 29 August 2014 by ADB consultants through a social safeguards workshop (in areas of basic social planning, land acquisition and resettlement, poverty reduction, gender and ethnic minorities). A second training has been provided to PPMO and relevant DCO officers by NPMO/LIC in April and May 2016. The topics covered here included ADB Safeguard Policy Standards, Lao Law and Regulations regarding resettlement, land acquisition and compensation, grievance redress mechanism, roles and responsibilities of Grievance Committees and Resettlement Committees. See Attachment 7.5 for overview of participants and training material covered and distributed for Phase I and Phase II trainings. 165 Prior to data collection two training sessions have been conducted by the NPMO/LIC, one in May 2016 and one in July 2016, to ensure that the PPMO’s and DCO are skilled in collecting field data related to all LARC aspects. The first part of the training covered a theoretical introduction to LARC principles and LARC tools, and the second part consisted of on-the-job skills training. Topics covered during these trainings were as follows: General introduction into LARC planning. Description of compensation approach for subproject conditions. Preparing and leading coordination, consultation and public village meetings. Practical fieldwork in PMS/DMS and SES of AHs. PMS/DMS and SES data collection and data management. Reporting, documenting, meeting minutes 166 Relevant LARC related legal documents were distributed as shown in Attachment 7.6. The same staff actively supported the consultation in villages and participated in the transect walk with the villagers and consultants along the infrastructure under consideration for the proposed rehabilitation and new construction of agriculture infrastructure.
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Implementation Schedule 167 In general, the three PPTA subprojects which are currently under construction were grouped as Phase I of the Project, the following 12 subprojects are grouped under Phase II, and the remaining 12 subprojects have been grouped under Phase III. 168 The construction of the Keng Houat subproject is scheduled to be completed in the 2rd Quarter of 2019, after which it would start operation. 169 A general overview about the Project phases I and II has been prepared, combined with a specific overview concerning the current subprojects during the 3 main stages: (i) pre-construction; (ii) construction; and (iii) operation which can be found in Table A7.18. Indicating performed and scheduled activities of design and construction works, together with related LAC activities. 170 Concerning LAC activities, so far, the PMS and SESAH have been completed and this draft LACP is scheduled to be submitted to ADB by June 2017 as part of the feasibility study. The timing of subsequent activities is indicative and depends on various factors, the DMS, IOL and write up of the updated LACP are scheduled for October 2017. Followed by the actual land acquisition and compensation and the write up of the LACR. Review and concurrence of ADB can be achieved during December 2017 before start of civil work in January 2018.
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Table A7.18: Status of Performed/Scheduled Activities of Keng Houat Subproject
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Monitoring and Reporting 171 The LAC monitoring is embedded in the overall M&E approach of the subproject. The M&E distinguishes between internal and external components. The technical approach of the LAC related M&E would have to be transparent, and any data or information made available to involve stakeholders in Lao and/or English language, whichever is more comprehendible to a given stakeholder group. 12.1 Internal Monitoring and Evaluation 172 The PPMO in cooperation with DCO is responsible for internal monitoring of LAC implementation. The monitoring strategy would have to be defined and agreed upon on a participative approach involving different stakeholders, such as communities, organizations, individuals, representatives and others, but certainly subproject affected people. A resettlement related internal monitoring concerns mainly LAC-performance in terms of whether the overall subproject and resettlement objectives are being met mainly with focus on: (i) assessing if mitigation measures and compensation are sufficient; (ii) identifying methods of responding immediately to mitigate problems through remedial actions; (iii) smooth transition between LACP activities and civil works; (iv) updates of complaints overviews and their management applying GRM; (v) follow up of the safeguards contractual obligations of the civil works contractor set out in Section 6 of the contract, that includes; (a) the EMP, Health and Safety Plan, Camp Management, Hydrocarbon and Hazardous Materials Management Plan; (b) social safeguards relating to gender and ethnicity, the employment of local stakeholders including 30 percent females on an equal pay for equal work basis (c) environmental safeguard relating to locations of ancestral and cultural significance to the local community requirements the provision of preferences of AH members for job opportunities, and (vi) others, as regarded necessary.
173 The internal monitoring covers Provincial monthly monitoring report from PPMO would provide the achievements and progress. The NPMO would verify and consolidate these reports in its safeguards quarterly progress report that is included in the Quarterly Progress Report submitted to ADB. 12.2 External Monitoring and Evaluation 174 Independent external monitoring of LAC aspects is integrated in the subprojects overall external safeguards monitoring reported on a quarterly, semi-annual, annual, mid-term and on-completion. The external M&E will include impact and effects monitoring including but not limited to the following: (i) voluntary land donation; (ii) involuntary land acquisition and compensation; (iii) socio-
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economic effects, particularly changes in living standards and livelihoods; (iv) documentation of conflicts and complaints and their status; (v) documentation of jobs provided by the contractor to local residents; and (vi) additional mitigation measures, as required. External safeguards M&E reports will be prepared in accordance with the contractual agreed requirements through the implementation period of the LAC reports.
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Attachment A7.1: Definitions of Key Terms
Resettlement Plan (RP) is a time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation. Affected Person (AP) indicates any juridical person being as it may an individual, a household, a firm or a private or public who, on account of the execution of the proposed project or any of its components or subprojects or parts thereof would have their: (i) right, title or interest in any house, land (including residential, agricultural and grazing land) or any other fixed or moveable asset acquired or possessed, in full or in part, permanently or temporarily; or (ii) business, occupation, work, place of residence or habitat adversely affected; or (iii) standard of living adversely affected. Severely Affected Person for this proposed subproject is defined as a person who will: (i) lose 10% or more of total agriculture/aquaculture land holding, and/or (ii) lose 10% or more of total income sources due to the proposed project. (iii) Physically displaced
Land Acquisition means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purpose in return for fair compensation. Replacement Cost means the cost of replacing lost assets and incomes, including cost of transactions. If land, it means the cost of buying a replacement land near the lost land with equal productive potential, and same or better legal status, including transaction costs. If structures, the replacement cost is the current fair market price of building materials and required labor cost without depreciation or deductions for salvaged building material or other transaction cost. Market prices will be used for crops, trees and other commodities. Resettlement Effects mean all negative situations directly caused by the project and/or subproject including loss of land, property, income generation opportunity, and cultural assets. Relocation means the physical displacement of an AP from her/his pre-project place of residence. Rehabilitation 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. Compensation means payment in cash or in kind to replace losses of land, housing, income and other assets caused by a project.
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Significant Resettlement Effect for each subproject means 200 people or more will experience major‟ impacts. Major impacts include (i) physical displacement from housing and/or more than 10% of the household’s productive (income generating) assets are lost. (ii) 100 people or more who are experiencing resettlement effects are indigenous people or vulnerable as defined in the SPS ADB (2009), for example, female- headed households, those living close to, on or below the poverty line, and isolated communities, including those without legal title to assets and pastoralists;
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Attachment A7.2: Fact Finding and Screening Pontoon Pump Station at Head Works
Pontoon mounted pump station. The pump The bank of the Xe Don at Keng Houat is set on the left (partly hidden) is no longer seriously eroded functional
Typical Sections of the Canal Water Distribution System
Left Main Canal (LMC) lined trapezoidal LMC lined rectangular section section in head reach
Unlined section of the Right Main Canal Unlined Secondary Canal (SC) (RMC)
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POTENTIAL LAND ACQUISITION, RESETTLEMENT AND COMPENSATION (LARC) RELATED IMPACTS SELECTED KEY ITEMS YES NO DESCRIPTION Expected non-significant permanent agricultural Permanent land acquisition x land acquisition for rehabilitation and renovation of irrigation network Expected temporary land acquisition for Temporary land acquisition x construction camp and materials Full displacement of people x There is 1 field hut, and 1 rice storage which Loss of houses/structures x might need to be relocated There are 8 trees need to cut to allow tertiary Loss of crops/trees x canal construction Loss of incomes and x livelihoods Loss of x businesses/enterprises Loss of access to x facilities/services Loss of community assets/ties x Loss of cultural/historical x properties Affected non-titled or x vulnerable groups Affected socio-economic x activities LIST OF TECHNICAL ASPECTS AND SCREENING IN ACCORDANCE WITH CHECKLISTS AS DEFINED BY LAO PDR GUIDELINES AND ADB REGULATIONS ►FINDING: THERE ARE MINOR LACP RELATED IMPACTS EXPECTED FOR THIS SUBPROJECT
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Attachment A7.3: Summary of Socio-economic Survey of Affected Households I T E M A N A L Y S I S
1. DEMOGRAPHIC CHARACTERISTICS 1.1 Head of Household Total Percentage Male 31 94 Sex 33 Female 2 6 Up to 65 29 88 Age 33 Older than 65 4 12 Yes 26 79 Literate 33 No 7 21 Yes 2 6 Disabled 33 No 31 94 Yes 33 100 Owner of land 33 No 0 0 Ow n activities / self-employed 33 100 Occupation Working for others 0 33 0 Not w orking 0 0 #DIV/0! Yes 4 12 Widowed 33 No 29 88 1.2 Spouse of Head of Household Total 100 Male 0 0 Sex 29 Female 29 100 #DIV/0! Up to 65 26 90 Age 29 Older than 65 3 10 #DIV/0! Yes 16 55 Literate 29 No 13 45 #DIV/0! Yes ['"1"for case] 0 0 Disabled 29 No 29 100 #DIV/0! Yes 29 100 Owner of land 29 No 0 0 #DIV/0! Ow n activities / self-employed 29 100 Occupation Working for others 0 29 0 Not w orking 0 0 1.3 63 Total 100 Residency in village [years] 48 years on average #DIV/0! Family members 213 Persons w ith an average 100 Family Size Male members [numbers] 109 of members in 51 213 Female members 104 HH of 49 #DIV/0! <18 69 32 18-30 69 32 Number per Age 31-45 [numbers] 39 213 18 46-65 25 12 >65 11 5 #DIV/0! Lao Loam 33 100 Ethicity 33 Others 0 0 #DIV/0! Lao 33 100 Language ['"1"for case] 33 Others 0 0 #DIV/0! Buddhism 33 100 Religion 33 Others 0 0 #DIV/0! Wealthy / Rich 0 0 Status Middle / Average ['"1"for case] 33 33 100 Poor / Not enough / Limted 0 0 #DIV/0! 2. EDUCATION & WORK / INCOME 100 2.1 Education Total 100 Not attending school age 10 10 Primary School 44 42 Females per school Secondary - Low er School 26 25 [numbers] 104 grade Secondary - Higher School 6 6 College / University 2 2 No formal education 16 15 #DIV/0! Not attending school age 9 8 Primary School 45 41 Males per school Secondary - Low er School 23 21 [numbers] 109 grade Secondary - Higher School 10 9 College / University 11 10 No formal education 11 10 2.2 Status and Income Contribution Total Percentage Employee or governmental staff 16 23 Females per work [numbers] 71 from Self-employed or other ow n w ork/jobs 55 77 and income Annual income of any source by females [KIP/year] 19,571,212 Kip/year by female household member/s Employee or governmental staff 19 30 Males per work and [numbers] 64 from Self-employed or other ow n w ork/jobs 45 70 income Annual income of any source by males [KIP/year] 17,893,125 Kip/year by male household member/s
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Attachment A7.3 (continued): Summary of Socio-economic Survey of Affected Households I T E M A N A L Y S I S 3. ECONOMIC FEATURES % of performing Income Number of 3.1 Household Members KIP KIP households Sources/Activities Cases Households Related Ranking Head 29,500,000 7,375,000 4 Spouse - - 6 100 Agriculture Son/Daugther ow n or in-law 11,100,000 11,100,000 1 33 All 226,400,000 8,707,692 26 Average per Household 267,000,000 7,216,216.22 37 1 Head 17,000,000 5,666,667 3 Spouse 17,000,000 5,666,667 3 100 Livestock Son/Daugther ow n or in-law - - 0 33 All 254,620,000 9,430,370 27 Average per Household 288,620,000 8,746,060.61 33 2 Head - - 0 Spouse - - 0 100 Fishery Son/Daugther ow n or in-law - - 0 33 All - - 0 Average per Household - - 0 7 Head - - 0 Spouse 4,000,000 4,000,000 1 100 Forestry (NTF) Son/Daugther ow n or in-law - - 0 33 All - - 0 Average per Household 4,000,000 4,000,000.00 1 6 Head 3,200,000 3,200,000 1 Spouse - - 0 100 Manual Labor Son/Daugther ow n or in-law 134,600,000 - 6 33 All 27,360,000 13,680,000 2 Average per Household 165,160,000 18,351,111.11 9 4 Head [KIP/year] - - 0 Spouse - - 0 100 Business / Trade Son/Daugther ow n or in-law 18,000,000 - 1 33 All 12,000,000 12,000,000 1 Average per Household 30,000,000 15,000,000.00 2 4 Head 30,000,000 30,000,000 1 Spouse - - 0 100 Salary / Wage Son/Daugther ow n or in-law 213,600,000 - 9 33 All 7,000,000 7,000,000 1 Average per Household 250,600,000 22,781,818.18 11 3 Head - - 0 Spouse - - 0 100 Pension Son/Daugther ow n or in-law - - 0 33 All - - 0 Average per Household - - 0 0 Head - - 0 Spouse - - 0 0 Services Son/Daugther ow n or in-law - - 0 0 All - - 0 Average per Household - - 0 0 Head - - 0 Spouse - - 0 0 TFP Son/Daugther ow n or in-law - - 0 0 All - - 0 Average per Household - - 0 0 Head - - 0 Spouse - - 0 100 Others Son/Daugther ow n or in-law - - 0 33 All 127,350,000 11,577,273 11 Average per Household 127,350,000 11,577,272.73 11 KIP/Year 1,179,430,000 by 33 AHs 35,740,303.03 average annual HH income Estimated Incomes KIP/Month 98,285,833 providing data 2,978,358.59 average Monthly HH income % of HHs Total 3.2 Distribution perfoming this Household’s Expenditures Amounts income activity Family care 221,190,000 55 Housing 42,564,000 11 Areas of Expenses Socio-cultural obligations 34,220,000 Areas of Expenses 8 Transport 50,330,000 12 Inputs for income activities [KIP/Year] 54,700,000 14 Estimated Year 403,004,000 by 33 AHs 12,212,242.42 average annual HH expenditures Expenditures Month 33,583,667 providing data 1,017,686.87 average monthly HH expenditures
3.3 Household members responsible for income sources Total Cases % of cases % of cases Head of household only 0 0 Spouse of head of household only 1 3 Persons Head and spouse of household ['"1"for case] 2 33 6 Adult children involved 20 61 All 10 30
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Attachment A7.3 (continued): Summary of Socio-economic Survey of Affected Households I T E M A N A L Y S I S Percentage . & 5. AFFECTED ASSETS AND MITIGATION / COMPENSATIO Families using the One 3 9 Tw o ['"1"for case] 16 33 48 land Three 14 42 Residential 0 0.0 residential parcel / HH Parcel of land [number] Productive 33 33.0 agricultural plot / HH Use of land [years] 48 years on average Affected Productive Ow ning Land Renting 0 Others 0 Ow nership None 0 ['"1"for case] Details are provided by the Inventory of Loss Head of HH 33 Spouse 0 Are there cases Yes 26 4.1 Land Title/Certificate No 32 and Yes [Kip/sqm] 0 Average market value not mentioned Market Values 5.1 No ['"1"for case] 33 100 % of AH do not know None Gov. Compensation Yes [Kip/sqm] 0 Average governmental compensation rates not mentioned Rates No ['"1"for case] 33 100 % of AH do not know In-Kind 0 0 In-Cash 0 0 If yes √, how many: Mitigation Options ['"1"for case] 33 Donation 33 100 Decision later 0 0 Use of land [years] Ow ning Affected Crops Renting Ow nership Others None ['"1"for case] Head of HH Spouse Are there cases 4.2 Yes Land Title/Certificate and No The subproject does not adversely affect crops Yes [Kip/ ] 5.2 Market Values No ['"1"for case] None √ Gov. Compensation Yes [Kip/ ] Rates No ['"1"for case] In-Kind In-Cash If yes, how many: Mitigation Options ['"1"for case] Donation Decision later Use of land [years] 48 years on average Ow ning 2 Affected Trees Renting 0 Ow nership Others 0 None ['"1"for case] 31 Details are provided by the Inventory of Loss Head of HH 2 Spouse 0 Are there cases 4.3 Yes 0 Land Title/Certificate and No 0 Yes [Kip/ ] 0 Average market value not mentioned 5.3 Market Values No ['"1"for case] 33 0 % of AH do not know None Gov. Compensation Yes [Kip/ ] 0 Average governmental compensation rates not mentioned Rates No ['"1"for case] 33 100 % of AH do not know In-Kind 0 0 In-Cash 0 0 If yes √, how many: Mitigation Options ['"1"for case] 2 Donation 2 100 Decision later 0 0 Use of land [years] 48 years on average Affected Residential Ow ning 2 Renting 0 Land Ow nership Others 0 None ['"1"for case] 33 Details are provided by the Inventory of Loss Head of HH 2 Spouse 0 Are there cases 4.4 Yes 2 Land Title/Certificate and No 0 Yes [Kip/ ] 0 Average market value not mentioned 5.4 Market Values No ['"1"for case] 2 0 % of AH do not know None Gov. Compensation Yes [Kip/ ] 0 Average governmental compensation rates not mentioned Rates No ['"1"for case] 2 0 % of AH do not know In-Kind 0 0 In-Cash 0 0 If yes √, how many: Mitigation Options ['"1"for case] 0 Donation 2 0 Decision later 0 0 Use of land [years] 48 years on average Ow ning 3 Affected Structures Renting 0 Ow nership Others 0 None ['"1"for case] 30 Details are provided by the Inventory of Loss Head of HH 4 Spouse 0 Are there cases 4.5 Yes 0 Land Title/Certificate and No 2 Yes [Kip/ ] 3 Average market value not mentioned 5.5 Market Values No ['"1"for case] 30 91 % of AH do not know None Gov. Compensation Yes [Kip/ ] 0 Average governmental compensation rates not mentioned Rates No ['"1"for case] 0 #REF! % of AH do not know In-Kind 0 0 In-Cash 0 0 If yes √, how many: Mitigation Options ['"1"for case] 3 Donation 3 100 Decision later 0 0 Use of land [years] Affected Ow ning Renting Business/Incomes Ow nership Others 4.6 None ['"1"for case] and Are the cases Head of HH The subproject does not adversely affected business/incomes Spouse 5.6 Yes Land Title/Certificate None √ No In-Kind If yes, how many: Mitigation Options In-Cash ['"1"for case] Decision later 1
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Attachment A7.4: Vulnerable Households
Affected Households Productive Land Affected
Threshold Total Productive Status / Vulnerability Grouping: prod. Sur- Size of Land Affected Affected Type of Land vey House- Productive Land Female Male Portion 10% Use No. Names hold < 300 Land 5 to Social headed headed Total <5% or sqm 9.9% Widowed Disabled AH AH more
[no] Poor Middle Rich [no] [no] [m2] [m2] [m2] [%] [cases] --
S U B P R O J E C T ' S I N F R A S T R U C T U R E C O M P O N E N T S: Irrigation PRIVATE LAND
1 Vad, Ms. Phong 8 x 14,330 196.00 1.4 x Garden
2 Bounthavy,Ms. Lay 5 x 9,486 586.80 6.2 x Garden
3 Sumly, Ms Jone 8 x 26,190 433 1.7 x Garden
4 Monh 4 x x x 7,750 309 4.0 x Garden
5 Chanty,Ms. Khambor(2) 8 x 16,030 1,373 8.6 x Garden
6 BounAem 2 x x x 38,860 515 1.3 x Garden Garden&Fish 7 Veomany, Ms.ViLay 7 x 13,260 587.10 4.4 x pond
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8 10 x 32,200 680 2.1 x Paddy field Phet, Ms. Mout
9 6 x 30,000 1,380 4.6 x Paddy field Kae,Ms. Aer
10 5 x 25,000 620 2.5 x Paddy field Thongsai,Ms. Mala
11 6 x 10,690 752.0 7.0 x Paddy field Pa,Ms.Heuang
12 Thai, Ms. Thongsa 4 x 10,470 600.0 5.7 x Paddy field
13 Boualay,Ms. Barnkham 5 x 22,350 2,150.0 9.6 x Paddy field
14 6 x x x 10,725 480.0 4.5 x Paddy field Ta
15 Baisy 10 x x x 5,535 54.0 1.0 x Paddy field
16 khambai(Tia), Ms. Kai 6 x 12,950 482.0 3.7 x Paddy field
17 Khao, Ms. Thai 5 x 73,150 252.0 0.3 x Paddy field
18 7 x 28,490 230.0 0.8 x Paddy field Sykham, Ms.Poun
19 Kilay(ki), Ms.Toy 4 x 16,000 717.2 4.5 x Paddy field
20 Lae, Ms. Inhak(Somhak) 4 x 23,190 640.0 2.8 x Paddy field
21 Tou,Ms.Vong 6 x
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22 3 x 35,230 230.0 0.7 x Paddy field Loy,Ms.Pork
23 Jiang 4 x x x 23,240 1,489.0 6.4 x Paddy field
24 6 x 53,226 120.0 0.2 x Paddy field Aerko,Ms. Khanthaly Khamphone,Ms. 25 6 x 20,349 1,344.0 6.6 x Paddy field Saysamaone
26 9 x 16,682 250.0 1.5 x Paddy field Bun.Ms Xai
27 7 x 32,110 880.0 2.7 x Paddy field Lar. Ms Home
28 8 x 10,058 700.0 7.0 x Paddy field Pheuy. Ms kae
29 3 x 17,182 140.0 0.8 x Paddy field Jack. Ms Paeng
30 Jone. Ms khanthaly 4 x 34,890 1,317.0 3.8 x Paddy field
31 4 x 13,454 880.0 6.5 x Paddy field Lerng. Ms Sy
32 Khone 6 x x x 21,213 1,240.0 5.8 x Paddy field
33 8 x x x 10,789 740.0 6.9 x Paddy field Bounlaiy
34 6 x 19,790 630.0 3.2 x Paddy field Souna ,Ms. Maeng
35 3 x 22,257 650.0 2.9 x Paddy field Xeng, Ms. Thone
36 7 x x x 16,800 770.0 4.6 x Paddy field Bounmee
37 3 x 23,086 350.0 1.5 x Paddy field Soudone. Ms Nouthong
38 Lar. Ms. Nou 6 x 17,180 616.0 3.6 x Paddy field
39 8 x 8,000 432.0 5.4 x Paddy field Sy. Ms Na
40 Bounchanh(Ms. Let) 6 x 12,000 1,116.0 9.3 x Paddy field
41 Mee 4 x x x 11,900 928.0 7.8 x Paddy field
42 Kone. Ms Khai 6 x 16,760 496.0 3.0 x Paddy field
A7-73 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
43 Onechai. Ms Thoun 7 x
Chantha,Ms.Orathai(T 44 3 x ing)
45 Thongtheb,(Mae Khanh 4 x x x
46 Sopha.Ms Bounthan 7 x
47 Sylai.Ms thom 7 x
48 Phong 2 x x x
49 Lae 6 x x x
50 Khamphai 6 x x x
51 Yat.Ms Joy 3 x
52 Bounmy(Hiao).Ms Khamkh 4 x
53 Mae Than, Ms. Outhai 5 x
54 Chanson.Ms lath 12 x
55 On.Ms khai 4 x
56 Dam.Ms khamphai 4 x
57 Saeng( Phor Tane) 6 x x x
58 Phone.Ms pheo 8 x 11,990 888 7.4 x Paddy field
59 Phim 9 x
60 Khiew.Ms baen 7 x 15,000 292 1.9 x Paddy field
61 Somchai.Ms nongkan 5 x
62 Vixai.Ms nuanechan 6 x
63 Air.Ms Nae 6 x
64 Lieng.Ms Lamyai 7 x
65 Khamphan.Ms nee 8 x
66 Somboun.Ms Vieng 6 x
67 See.Ms Mai 7 x 28,000 26 0.1 x Paddy field
68 Ms. Long Dethoudom 6 x
A7-74 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
69 Boun.Ms khem 3 27,035 264 1.0 xPaddy field
70 Soukhy.Ms Kedmany 6 29,874 976 3.3 xPaddy field
71 Fun.Ms Nee 8x 12,883 320 2.5 xPaddy field
72 Somchan 7xxx 12,000 360 3.0 xPaddy field
73 Vanh.Ms Pheng 8x 13,000 152 1.2 xPaddy field
74 Pheuak.Ms Moukda 9 xx 6,000 400 6.7 xPaddy field
75 Sone 4 35,000 1,840 5.3 xPaddy field
76 Xai. Ms bounpun 4 30,619 400 1.3 xPaddy field
77 Beng.Ms per 8 9,600 464 4.8 xPaddy field
No No No 455 No case 71 16 No case 12 4 1,093,853 34,7373.2 36 17 Affected Households case case case Mainly (AHs) concerning < 300 paddy fields [no] Poor Middle Rich Female Male Total [sqm] Total [sqm] % [cases] selected criteria for sqm (partly Widowed Disabled headed headed severe and/or 5 to 10% or combined Social AH AH <5% vulnerable status of AH Affected 9.9% more with garden Total Productive Affected and fish their Affected Persons popu- Productive Land Portion Threshold Grouping: ponds) (APs) Status / Vulnerability Land lation productive land
A7-75 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Attachment A7.5: List of Key Consultation, coordination and surveys
Activities Date Location Attendants Key Agenda/Issue 1 Technical survey 7 Dec Keng Houat – Na Meetings in villages and transect walks along proposed 2015 Theun infrastructure alignment by officials, land owners, WUG and consultants 2 Consultation meetings with 11 Dec Keng Houat Village 135, F=83 Discuss on the Feasibility and activities will carried out villages in the service area 2015 during the FS for KH subproject. 3 Consultation on water user 18 Dec Keng Houat – Na 166, group and gender 2015 Theun F=107 4 Initial inventory of loss, impact 15 Jan Keng Houat – Na 22, F=5 and mitigation, design 2016 Theun alternative 5 Project information, work plan, 28 April 16 Keng Houat Village 18, F=4 process of the subproject 6 GRM establishment 13 Jun Keng Houat The DRC and GRC have established by the District 2016 Subproject governor 7 Training NPMO/PPMO/DCO 25 Aug DAFO - The PPMO, DCO staffs have been trained before start Social Safeguards Policy and 2016 Khongxedon and working on the PMS for KH-SP Practice Keng Houat Subproject 8 Consultation in villages and 25 Aug - 5 Keng Houat 135,F=83 The village VGRM has established and disseminated implementation of PMS, Sept 2016 Subproject during the consultation meeting SESAH, and GRM 9 Coordination Meetings between 20 - 21 DAFO, 20, F=7 Discuss about Keng Houat SP, and site visit, to review the LIC/NPMO and PPMO/DCO or Oct 2016 Khongxedon project affected area IR and IP 10 Unit price survey 17 Nov Keng Houat 4, F=1 DAFO staff together with Head of Village, Woman Union, 2016 Subproject village Tax Responsible conducted the survey for Market price unit rate for KH-SP 11 Consultation meeting about the 3 Mar Keng Houat 24, F=6 NPMO and the International and international consultants progress of the project, 2017 Subproject, at meet APs compensation process, GRM Keng Houat Village 12 ADB due diligence mission, 23 May Keng Houat 28, F=4 WUG reported that the irrigation system was out of order, monitoring 2017 Subproject, at no cultivation during 2017 dry season Keng Houat Village
A7-76 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Attachment A7.5A: Pictures during some consultation meetings, Keng Houat Subproject
3 Mar 2017, Progress of the project, compensation process, GRM
3 Mar 2017, Inspection of the location of the canals
23 May 2017, WUG reported that the irrigation system was out of order, no cultivation during 2017 dry season
A7-77 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Attachment A7.5B: Example of meeting registrations sheet, Keng Houat Subproject
A7-78 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Attachment A7.5C: Example of Minutes of Meeting, Keng Houat Subproject
A7-79 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Attachment A7.5C (Continue): Example of Minutes of Meeting, Keng Houat Subproject
A7-80 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Attachment A7.6: Social Safeguard Training Phase II: Distribution and Introduction of LACP Lao Legal Documents Decree Regulation Presentation 192 2432 s 07/07/2005 11/11/2005 ADB SPS 2009, Date Entitlement
& Matrix, GRM, Recipient Occasion Project Information Booklet22 PPMO, Savannakhet Mr. Sysomphan 2 2 2 SENGYASOULIN Head of PPMO Mrs. Sysomphone DCO, Savannakhet, Xongkhone district Mr. Phetsamone Tenthamnauw, 3 3 3 Head of DCO Mrs. Phoulamphay Saynyasaam Mr. Xithon Xayalath 26/04/2016 DCO, Savannakhet, Champhon Social district Safeguard Mr. Kham Xayavong 3 3 3 Training in Mrs. Chittaphone Chansy Savannakhet Mr. Kew Vichit capital DCO, Savannakhet, Saypouthong district Mr. Xouvanh Xayamandala 3 3 3 Mrs. Chansamone Homesobath Mr. Amony Kovichit DCO, Savannakhet, Kaysone district Mr. Souky Bouapha 3 3 3 Mr. Chaleunpon Pongvoncha Mrs. Sonemany Xayapeth DCO, Savannakhet, Phin district Mr. Somsanouk Khankew 3 3 3 Mrs. Baphahiem Champakham Mr. Konchai Khampilavong 28/04/2016 DCO, Savannakhet, Xonbouri Social district Safeguard Mr. Khampai Xaynara 3 3 3 Training in Mr. Lamphung Xaynara Phin district Mrs. Nouniet Xilivong DCO, Savannakhet, Vilabouli district 3 3 3
22 The Project Information Booklet has also been distributed to village headman, deputy village headman and WUG
A7-81 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Mr. Bounthom Vonghachak Mr. Khonesamay Xengkhammoukhoun Mrs. Khampasone Phoutavong PPMO, Salavan Mr. Bouala Daravane Mrs. Bouasavanh 4 4 4 Homedouangpachan Mrs. Kanya Volasane 03/05/2016 Mrs. Bounhien Pousombath Social DCO, Salavan, Salavan district Safeguard Mr. Khampeng Thammavong Training in 3 3 3 Mr. Bo Nillaphet Salavan Mrs. Nonglak Keoboudchi Capital DCO, Salavan, Khongxedon districts Mr. Sonxay Sayara 3 3 3 Mr. Bouasone Chandavong Mr. Bouathong Thiengpana Total copies distributed 33 33 33
Attachment A7.6A: Social Safeguard Training Phase I: Distribution and Introduction of LACP Lao Legal Documents Public Technical Decree Regulation Involvement Guidelines 192 2432 Guideline 699 07/07/2005 11/11/2005 707 13/03/2010 05 /02 2013
Date Recipient & Occasion
PAFO Savannakhet Mr. Khamloui Hattivong, Head 24/10/201 of Irrigation 2 Department LARC 2 2 2 Mr. Sing Kick-Off Phachansitthy, Meeting Irrigation Department Project Coordinator
A7-82 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
04- PAFO Salavan, 10/12/201 Mr. Phimmasone 2 Phimvilay, LARC Planning Meeting Division, Project 1 1 1 during Coordinator PMS and SESAH fieldwork Preparati PAFO, on of Savannakhet, Public Mrs. La Village Boungnanid, 3 3 3 Meeting Ms. Sisomphone, 27 May Mr. Sisouphanh. 2014 PAFO Social Savannakhet, Safeguar Mr. Sing d Training Phachanhsithi 4 4 4 4 27-29 Mr. Phaysan, August Ms. Sisomphone, 2014 Mr. Sisouphanh. Social PAFO Salavan, Safeguar Mr. Khampheuy d Training Bandasack, 3 3 3 3 27-29 Mrs. Bounhiang August Mrs. Bouasavanh 2014 Total copies distributed 13 13 13 7 Note-1: The land acquisition, resettlement and compensation (LARC) relevant Lao legal documents have been distributed and explained by the consultant to the recipients for whom this has been the first time (i) to get an introduction into these topics, and (ii) to receive these documents as hardcopies. Note-2: The Decree and Regulation is written in both Lao and English language in the same document, whereas the Technical Guidelines are either in Lao or English language written.
A7-83 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan Attachment A7.7: Inventory of Losses - Details
Cases of Households Affected Land Affected Structures Affected Trees and Crops Total Head Unit Unit Affected Trees Unit Total Affec. Affec. Rice Case Popu- Total Prod. Affected Affected Total Affected Animal Affect. Affec. Compen- AH No. Resid. Width Lengt Res. Prod. Land Use Total Value Strore- Kitchen Total Structure Value Total Total Tree Values No. Names Village lation Land Resid. Prod. Land Value Fence Fence Shelter Farm hut ShopArea Value QtyPortion Value sation Costs Female Male Land h Portion Portion age Trees Name Land [no] [m2] [m2] [m] [m] [m2] [%] [m2] [%] -- [KN/m2] [KN] [m] [Units - Cases] [m2] [KN] [KN] [KN] [no] [no] [%] [KN] [KN] [KN] [KN] CANAL : MC A COMMUNAL LAND 0 - - 0 B PRIVATE LAND 1 1 x Vad, Ms. Phong KengHouat 8 14,330 10.3 19 196 1.4 Garden 15,000 2,935,500 2,935,500 2,935,500
2 2 x Bounthavy,Ms. Lay KengHouat 5 9,486 10.3 42 433 4.6 Garden 15,000 6,489,000 6,489,000 20 Mango 2 0.10 280,000 560,000 560,000 7,049,000
3 3 x Sumly, Ms Jone KengHouat 8 26,190 10.3 42 433 1.7 Garden 15,000 6,489,000 6,489,000 8,400 corn 432 0.05 3,000 1,296,000 1,296,000 7,785,000
4 4 x Monh KengHouat 4 7,750 10.3 30 309 4.0 Garden 15,000 4,635,000 4,635,000 4,635,000
5 5 x Chanty,Ms. Khambor(2) KengHouat 8 16,030 10.3 78 803 5.0 Garden 15,000 12,051,000 12,051,000 50 Banana 6 0.12 20,000 120,000 120,000 12,171,000
6 6 x BounAem KengHouat 2 38,860 10.3 50 515 1.3 Garden 15,000 7,725,000 7,725,000 6,000 corn 50 0.01 3,000 150,000 150,000 7,875,000
10.3 38 391.4 3.0 Garden 15,000 5,871,000 7 7 x Veomany, Ms.ViLay KengHouat 7 13,260 7,828,000 7,828,000 10.3 19 195.7 1.5 Fish pond 10,000 1,957,000
C-1 1 6 Sub-Total Canal MC 42 0 125,906 0 0 3,275 2.6 48,152,500 0 2,126,000 50,278,500 C-1 1 6 Sub-Total Canal MC 42 0 125,906 0 0 3,275 2.6 48,152,500 0 2,126,000 50,278,500
CANAL : SC1 B PRIVATE LAND
8 1 X KengHouat 10 32,200 680 2.1 Irr. Pady Field 5,000 3,400,000 3,400,000 3,400,000 Phet, Ms. Mout 10 68
9 2 X KengHouat 6 30,000 1,380 4.6 Irr. Pady Field 5,000 6,900,000 6,900,000 6,900,000 Kae,Ms. Aer 10 138
10 3 X KengHouat 5 25,000 620 2.5 Irr. Pady Field 5,000 3,100,000 3,100,000 3,100,000 Thongsai,Ms. Mala 10 62
740 5,000 3,700,000 Pa,Ms.Heuang 10 74 11 4 X KengHouat 6 10,690 7.0 Irri.Paddy field 3,760,000 7,360,000 12 5,000 60,000 12 12 300,000 3,600,000 4 3
12 5 X Thai, Ms. Thongsa KengHouat 4 10,470 10 60 600 5.7 Irr. Pady Field 5,000 3,000,000 3,000,000 3,000,000
13 6 X Boualay,Ms. Barnkham KengHouat 5 22,350 10 215 2,150 9.6 Irr. Pady Field 5,000 10,750,000 10,750,000 10,750,000
14 7 X KengHouat 6 10,725 5 96 480 4.5 Irr. Pady Field 5,000 2,400,000 2,400,000 2,400,000 Ta
15 8 X Baisy KengHouat 10 5,535 2 54 1.0 Irr. Pady Field 5,000 270,000 270,000 50 27 20,000 540,000 540,000 810,000 27
428 5,000 2,140,000 4 107 16 9 X khambai(Tia), Ms. Kai KengHouat 6 12,950 3.7 Irri.Paddy field 2,410,000 2,410,000 54 5,000 270,000 2 27
17 10 X Khao, Ms. Thai KengHouat 5 73,150 252 0.3 Irr. Pady Field 5,000 1,260,000 1,260,000 126 126 20,000 2,520,000 3,780,000 2 126
18 11 X KengHouat 7 28,490 230 0.8 Irr. Pady Field 5,000 1,150,000 1,150,000 72 72 20,000 1,440,000 2,590,000 Sykham, Ms.Poun 2 115
19 12 X Kilay(ki), Ms.Toy KengHouat 4 859 12,879 0.5 81.6 40.80 4.7 Residential 360,000 14,688,000 14,688,000 180 82 20,000 1,640,000 1,640,000 16,328,000
3800 1 66.4 66.40 1.7 Residential 360,000 23,904,000 150 91 20,000 1,820,000 1,820,000 20 13 X Lae, Ms. Inhak(Somhak) KengHouat 4 24,654,000 26,474,000 23,190 2 25 50 1.3 Garden 15,000 750,000
21 14 X Tou,Ms.Vong KengHouat 6 20,075 1 21.5 21.5 0.1 Residential 360,000 7,740,000 7,740,000 22 22 20,000 440,000 8,180,000
C-2 1 13 Sub-Total CANAL SC1 84 24,734 297,629 129 0.5 7,730 2.6 85,482,000 600 420 12 12 12,000,000 0 0 97,482,000 C-2 1 13 Sub-Total CANAL SC1 84 24,734 297,629 129 0.5 7,730 2.6 85,482,000 600 420 12.0 12.0 12,000,000 97,482,000
A7-84 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan Attachment A7.7B: Continue Inventory of Losses – Details
CANAL : SC2 B PRIVATE LAND
21 1 X KengHouat 6 20,075 200 1.0 Residential 360,000 72,000,000 72,000,000 72,000,000 Tou,Ms.Vong 10 20
10 50 500 Paddy field 5,000 2,500,000 19 2 X Kilay,Ms.Toy KengHouat 4 12,879 5.6 3,610,000 3,610,000 2 111 222 Paddy field 5,000 1,110,000
22 3 X Loy,Ms.Pork KengHouat 3 35,230 2 115 230 0.7 Paddy field 5,000 1,150,000 1,150,000 1,150,000
2 12 24 Paddy field 5,000 120,000 23 4 X Jiang KengHouat 4 23,240 6.4 7,445,000 7,445,000 5 293 1,465 Paddy field 5,000 7,325,000
24 5 X Aerko,Ms. Khanthaly KengHouat 6 53,226 5 24 120 0.2 Paddy field 5,000 600,000 600,000 600,000
Khamphone,Ms. 10 69 690 Paddy field 5,000 3,450,000 25 6 X Kenghout 6 20,349 3.7 3,750,000 3,750,000 Saysamaone 10 6 60 Paddy field 5,000 300,000
2 7 X Bounthavy.Ms lai KengHouat 5 9,486 10 14 140 1.5 Paddy field 5,000 700,000 700,000 700,000
26 8 X Bun.Ms Xai KengHouat 9 16,682 10 25 250 1.5 Paddy field 5,000 1,250,000 1,250,000 1,250,000
27 9 X Lar. Ms Home KengHouat 7 32,110 10 88 880 2.7 Paddy field 5,000 4,400,000 4,400,000 4,400,000
28 10 X Pheuy. Ms kae KengHouat 8 10,058 10 70 700 7.0 Paddy field 5,000 3,500,000 3,500,000 3,500,000
29 11 X Jack. Ms Paeng KengHouat 3 17,182 5 28 140 0.8 Paddy field 5,000 700,000 700,000 700,000
5 20 100 Paddy field 5,000 500,000 30 12 X Jone. Ms khanthaly KengHouat 4 34,890 3.4 6,000,000 6,000,000 10 110 1,100 Paddy field 5,000 5,500,000
31 13 X Lerng. Ms Sy KengHouat 4 13,454 10 88 880 6.5 Paddy field 5,000 4,400,000 4,400,000 4,400,000
10 50 500 Paddy field 5,000 2,500,000 32 14 X Khone KengHouat 6 21,213 5.8 6,200,000 6,200,000 5 148 740 Paddy field 5,000 3,700,000
33 15 X Bounlaiy KengHouat 8 10,789 5 148 740 6.9 Paddy field 5,000 3,700,000 3,700,000 3,700,000
34 16 X Souna ,Ms. Maeng KengHouat 6 19,790 10 63 630 3.2 Paddy field 5,000 3,150,000 3,150,000 3,150,000
20 17 X Lae,Ms. Somehak KengHouat 6 16,407 10 59 590 3.6 Paddy field 5,000 2,950,000 2,950,000 2,950,000
35 18 X Xeng, Ms. Thone KengHouat 3 22,257 10 65 650 2.9 Paddy field 5,000 3,250,000 3,250,000 3,250,000
36 19 X Bounmee KengHouat 7 16,800 10 77 770 4.6 Paddy field 5,000 3,850,000 3,850,000 3,850,000
37 20 X Soudone. Ms Nouthong KengHouat 3 23,086 10 35 350 1.5 Paddy field 5,000 1,750,000 1,750,000 1,750,000 5 21 X Chanthy, Ms.Khambor KengHouat 7 13,260 10 57 570 4.3 Paddy field 5,000 2,850,000 2,850,000 2,850,000
C-3 5 16 Sub-Total CANAL SC2 115 20,075 422,388 200 1.0 13,041 3.1 137,205,000 137,205,000 C-3 5 16 Sub-Total CANAL SC2 115 20,075 422,388 200 1.0 13,041 3.1 137,205,000 137,205,000
CANAL : TC1 B PRIVATE LAND
38 1 X Lar. Ms. Nou Kenghouat 6 17,180 8 77 616.0 3.6 Paddy field 5,000 3,080,000 3,080,000 3,080,000
8 54 39 2 X Sy. Ms Na Kenghouat 8 8,000 432.0 5.4 Paddy field 5,000 2,160,000 2,160,000 2,160,000 40 4 X Bounchanh(Ms. Let) Natheun 6 12,000 6 186 1,116.0 9.3 Paddy field 5,000 5,580,000 5,580,000 5,580,000
41 3 X Mee Kenghouat 4 11,900 8 116 928.0 7.8 Paddy field 5,000 4,640,000 4,640,000 4,640,000
42 5 X Kone. Ms Khai Kenghouat 6 16,760 8 62 496.0 3.0 Paddy field 5,000 2,480,000 2,480,000 2,480,000
C-4 2 3 Sub-Total CANAL MC-RSC2 30 0 65,840 0 0.0 3,588 5.4 17,940,000 0 0 17,940,000 C-4 2 3 Sub-Total CANAL MC-RSC2 30 0 65,840 0 0.0 3,588 5.4 17,940,000 0 0 17,940,000
A7-85 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Attachment A7.8: Khongxedon District - Compensation Unit Rates, 28 June 2017
A7-86 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A7-87 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A7-88 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A7-89 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan Attachment A7.9: Khongxedon District – Village Grievance Committee Keng Houat, 13 June 2016
A7-90 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Attachment A7.10: Project Compensation Agreement Form
LOAN No. EWEC AISP Lao PDR 3024-LAO (SF)
Resettlement and Compensation Agreement
Sub project
Province
District
Village
Household ID
Legal Statement
The agreement recorded the terms and condition related to compensation for land, structures, trees and other, which impacted by EWEC AISP. Compensation for these assets permanent loss is in accordance with Lao Law (084/2016) and ADB Safeguard Policy 2009. This compensation unit rated are based on the endorsement of xxx, issued number xxx/ GVNR.SVK, dated xx. Principles and regulation of compensation for damages and livelihood restoration of affected people is based the endorsement of xxx, issued number xxx/GVNR.SVK, dated xxx.
A7-91 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A: Information of Asset Owner or Entitled Person
Household ID:
Household Registration Unit No: Village: No:
District: Province:
Head of Household:
Mr/Ms
Age (year): Date of Birth: (picture) Marital Ethnic: Status:
Spouse:
Mr/Ms
Age (year): Date of Birth: (picture) Marital Ethnic: Status:
Type of Household (based on Socio Economic Survey):
Vulnerability:
A7-92 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
B: Total Asset Holding of the Household (Land, Structure, Tree, and Other)
1 Land
1.1 Residential land
ha m2 Registration No.
1.2 Rice field
Irrigated ha m2 Registration No.
Non irrigated ha m2 Registration No.
1.3 Other Agricultural Land or Other Land Type
(land type) ha m2 Registration No.
(land type) ha m2 Registration No.
(land type) ha m2 Registration No.
Total Land Holding: ha m2
2 Structure
2.1 House m2 Type of structure
No. of Storey
2.2 Secondary m2 Type of structure Structure m2 Type of structure
m2 Type of structure
3 Commercial Tree
Type No. Type No.
3.1 3.5
3.2 3.6
3.3 3.7
3.4 3.8
A7-93 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
C: Inventory of Loss and Compensation Value
Affected Asset
1 Land Unit Rate Affected Value
1.1 Residential land ha m2 Kip
1.2 Irrigated rice Field ha m2 Kip
Non irrigated rice ha m2 Kip 1.3 field
Other Agricultural Land or Other Land Type
1.4 (land type) ha m2 Kip
1.5 (land type) ha m2 Kip
1.6 (land type) ha m2 Kip
Total productive land affected ha m2
Percentage of affected productive land %
Total value of affected land Kip
2 Structure % Unit Rate Affected Value
2.1 House m2 Kip/m2
2.2 2nd Structure m2 Kip/m2
2.3 2nd Structure m2 Kip/m2
2.4 2nd Structure m2 Kip/m2
3 Commercial Tree/ Value Tree
3.1 Type No. Unit Rate Affected Value
3.2 Kip
3.3 Kip
3.4 Kip
A7-94 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
D. Entitlement
1 Land
1.1 Land for land, the replacement land with the value of Kips
(in case of the impact is >10% of productive land or income source)
or
1.2 Cash in value of Kips
2 Structure
Relocation of the structure to the land of the same owner within the community. The 2.1 cost of the relocation is responsible by the project
or
2.2 Cash in value of Kips
3 Tree
3.1 Cash in value of Kips
A7-95 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
E. Compensation Agreement and Signature of Related Parties
1 I/we, asset owners that specify above, acknowledge that all asset items has been informed by project staff and those of data have been checked by myself and I have certified all of asset items are completely correct and consent with initial field data.
2 I/we, the entitled beneficiaries had participated on compensation process, since initial project consultation, design choice, asset registration, compensation policy dissemination, and household consultation of compensation calculation value, choice of compensation, and other necessaries process.
3 I/we, the entitled beneficiaries willing and certified to concerned parties that, I/We will transfer a permanent right usage of the asset to EWEC AISP Project.
4 If I/we, the entitled beneficiaries of compensation for the qualified assets identified above, believe that, if the compensation policy has been incorrectly used for calculating compensation based on the approved compensation policy, I/we understand that I/we may submit a grievance through the Village Grievance Unit (VGU) within 30 days from the individual consultation conducted or date of signing this agreement.
5 I/we, the entitled beneficiaries of compensation, well acknowledges that the amount of compensation among resettlement and self-resettlement, we had discussed within our family member and relatives, finally we decided as following:
5.1 Land for land compensation for the value of Kips
5.2 Cash compensation for the value of Kips
5.3 Relocation of the structure and asset to my land within the same community, where all the cost of the relocation is fully responsible by the project
5.4 Other (specify}
(Note – upon each choice that selected, the process of compensation is specifically described in details, as attachments)
6 I/we, agreed to participate in future resettlement process with project to support resettlement implementation and provide necessaries document for project references.
A7-96 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
F. Signatures
This agreement is made in the presence and witnesses of relevant counterparts, who has involved with the household compensation consultation:
1 Asset Owner/ Entitled Person Asset Owner/ Entitled Person (wife) (husband) Name and Signature Name and Signature
(signature) (signature)
Date Date
2 The following signatures confirm that related parties agree with the statements, calculations, and obligations indicated in this agreement
(signature) Representative of the EWEC AISP
Name: Date:
District Coordinating Person (signature) of the EWEC AISP
Name: Date:
(signature) Independence Monitoring Party
Name: Date:
3 Acknowledgement of local government
(signature & seal) (signature & seal)
Name: Name:
Date: Date:
District Coordinating Office, EWEC Village Headman AISP
A7-97 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
G. List of attachments (only applicable item will be attached)
Item Note
1 Map of affected asset
Procedure following land-for-land 2 compensation
3 Procedure following cash compensation
4 Procedure following relocation compensation
A7-98 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan Attachment A7.11: Applied Questionnaires Preliminary Measurement Survey (PMS) and Socio-economic Survey Affected- Households (SESAH)
A7-99 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A7-100 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A7-101 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A7-102 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A7-103 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A7-104 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Attachment A7.12: Specimen Grievance Redress Mechanism, Grievance Register
LOAN No. 3024-LAO (SF) LAO PDR
Ministry of Agriculture and Forestry Department of Irrigation
Agriculture Infrastructure Sector Project
Grievance Redress Mechanism Grievance Register
A7-105 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
A7-106 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Agriculture Infrastructure Sector Project
Village Grievance Redress Mechanism Register
Village: Name Person with Grievance ID No. Date Grievance Made: What is the Grievance:
Date Hearing Decision
Remarks
Action Taken
Status of Grievance
Refer to Stage 2 Subproject Grievance Committee Yes Date
A7-107 Agriculture Infrastructure Sector Project Annex 7 Draft Feasibility Study Keng Houat Subproject Land Acquisition and Compensation Plan
Agriculture Infrastructure Sector Project
Village Grievance Redress Mechanism Register
Notes
A7-108