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Malolos-Clark Railway Project

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Malolos-Clark Railway Project Resettlement Plan October 2018 Draft Project Number: 52083-001 Proposed Multitranche Financing Facility Philippines: Malolos-Clark Railway Project (Malolos-Clark Section) Prepared by Department of Transportation for the Asian Development Bank. This draft resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. Feasibility Study On The Malolos Clark Railway Project (The North-South Commuter Railway Extension Project) In The Republic of the Philippines Draft Resettlement Action Plan: Malolos Clark Section Volume 1 (Main Report) October 2018 Department of Transportation (DOTr) Table of Contents EXECUTIVE SUMMARY i CHAPTER 1 Project Description 1-1 1.1 Background 1-1 1.2 Railway Sector in the Philippines 1-2 1.3 The GoP Development Plans on Railway Sector 1-2 1.4 Assistance Policy of Government of Japan on Railway Sector in the Philippines 1-2 1.5 Assistance Policy of ADB on Railway Sector in the Philippines 1-4 1.6 MCRP Project Objectives 1-4 1.7 Scope of the Project 1-4 1.8 Project Components 1-4 1.8.1 Main Railway Line 1-5 1.8.2 Stations 1-7 1.8.2.1 Station Locations 1-7 1.8.2.2 Station Type 1-12 1.8.2.3 Required Dimension of the Station 1-13 1.8.3 Station Related Facilities 1-14 1.8.4 Depot 1-15 1.8.5 Temporary Construction Yards 1-17 1.8.6 Borrow Pit / Soil Disposal Area 1-18 1.8.6.1 Borrow Pit 1-18 1.8.6.2 Soil DisposalArea 1-18 1.8.7 Substations 1-20 1.8.8 Access Roads during Construction 1-20 1.8.9 Maintenance Base 1-29 CHAPTER 2 Necessity of Land Acquisition & Resettlement 2-1 2.1 Comparison on Alternatives 2-1 2.1.1 Without Project Option 2-1 2.1.2 ROW Alternative Option 2-1 2.1.2.1 Alternative Option 2-1 2.1.2.2 Clark to CIA Section 2-1 2.1.3 Structure Alternative Option 2-3 2.1.3.1 Alternative Option 2-3 2.1.3.2 Result of Alternative Comparison 2-3 2.1.4 Depot Site Alternative Options 2-5 2.1.5 Station Site Alternative Option 2-6 2.2 Overview of Necessity for Land Acquisition and Resettlement 2-8 2.2.1 Structures affected by the New Stations 2-9 2.2.2 Type of Structures Affected by the Project 2-12 2.2.3 Type of Construction of Affected Structures 2-12 2.2.4 Impact to Livelihood and Human Resources in the Project Area 2-12 2.2.5 Loss of Community Property Resources 2-13 CHAPTER 3 Socio-Economic Characteristics of the Affected Families 3-1 3.1 Socio-Economic Surveys 3-1 3.1.1 The Main Purpose of the Socio-Economic Survey 3-1 3.1.2 Survey Methodology 3-1 3.1.3 Cut-off Date 3-2 3.2 Census Survey 3-2 3.2.1 Profile of Affected Households 3-3 3.2.2 Household Size 3-3 3.2.3 Educational Attainment of Household Members 3-4 3.2.4 Ethnicity 3-5 3.2.5 Vulnerability 3-5 3.2.6 Profile of Household Heads 3-6 3.3 Assets and Land Survey 3-9 3.3.1 Affected Structures 3-9 3.3.2 Affected Land 3-12 3.4 Livelihood and Living Survey 3-13 3.4.1 Household Income 3-13 3.4.1.1 Primary Source of Income 3-13 3.4.1.2 Secondary Source of Income 3-19 3.4.1.3 Monthly Household Income 3-23 3.4.1.4 Monthly Expenditures 3-24 3.4.1.5 Membership in Financial Institutions 3-24 3.4.2 Basic Household Amenities 3-26 3.4.3 Residency in the Area 3-28 3.4.4 Profile of Affected Businesses within the ROW 3-32 3.5 Project Awareness and Perception Survey 3-38 3.5.1 Project Awareness 3-39 3.5.1.1 Perceived Project Benefits 3-40 3.5.1.2 Issues and Concerns 3-41 3.5.1.3 Recommendations to Address Issues and Concerns 3-42 3.5.1.4 Preference for Livelihood Restoration and Improvement Measures 3-43 3.5.1.5 Railway Access 3-44 CHAPTER 4 Legal Framework 4-1 4.1 Policies and Guidelines Applied to the Project 4-1 4.2 Philippine Legal Framework 4-1 4.2.1 Philippine Constitution 1987 4-1 4.2.2 Republic Act 10752 (The Right-of-Way Act) 4-1 4.2.3 Republic Act No. 7279 (Urban Development and Housing Act of 1992) 4-6 4.2.4 Republic Act No. 7160 (Local Government Code of 1991) 4-8 4.2.5 Republic Act 386 (Civil Code of the Philippines) 4-9 4.2.6 Republic Act No. 8371 (Indigenous Peoples Rights Act of 1997) 4-10 4.2.7 Republic Act No. 9679 (Home Development Mutual Fund Law of 2009) 4-11 4.2.8 Republic Act No. 6389 (Agricultural Land Reform Code of 1971) 4-11 4.2.9 Commonwealth Act 141 Section 112 or Public Land Act 4-11 4.2.10 Republic Act No. 6685 (December 1988) 4-11 4.2.11 Republic Act No. 9994 (February 2010) 4-12 4.2.12 Republic Act No. 7277 (March 1992) 4-12 4.2.13 Batas Pambansa (BP) 220 (June 1982) 4-12 4.2.14 Philippine Laws and Plans promoting Gender Equality and the Empowerment of Women and Children 4-12 4.2.15 Executive/Administrative/ Department Orders 4-15 4.2.16 DOTr Right-of-Way and Site Acquisition Manual (ROWSAM) 4-17 4.2.17 DPWH Right-of-Way Acquisition Manual (DRAM) 4-19 4.2.18 Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy (LARRIPP), 2007 4-24 4.2.19 NHA Memorandum Circular No. 2427 Series of 2012 4-24 4.2.20 NHA Memorandum Circular No. 015, Series of 2015 4-24 4.2.21 NHA Memorandum Circular No. 014, Series of 2018 4-24 4.3 JICA Policies on Involuntary Resettlement 4-25 4.4 ADB Policy on Involuntary Resettlement 4-26 4.5 Resettlement Policy Comparison 4-28 CHAPTER 5 Project Resettlement Policy 5-1 5.1 Fundamental Project Policy 5-1 5.2 Indigenous Peoples 5-3 5.3 Cut-Off Date of Eligibility 5-3 5.4 Principle of Replacement Cost 5-3 5.4.1 Affected Lands 5-4 5.4.2 Affected Structures and Improvements, Crops and Trees 5-4 5.5 Eligibility and Project Impacts 5-5 5.5.1 Criteria for Eligibility 5-5 5.5.2 Severity of Project Impacts 5-8 5.6 Principles of Compensation 5-9 5.6.1 Negotiated Sale 5-9 5.6.2 Expropriation 5-9 5.6.3 Donation 5-10 5.6.4 Acquisition of Properties Under Commonwealth Act (C.A.) No. 141 5-10 5.6.5 Exchange, Barter and Land for Land 5-10 5.6.6 Easement of Right of Way 5-11 5.6.7 Acquisition of Subsurface Right of Way 5-11 5.6.8 Families/PAPs Residing in Affected Structures 5-11 5.6.9 Informal Settlers 5-11 5.6.10 Temporary Impacts to Property 5-12 5.6.11 Partial Acquisition 5-12 5.6.12 Rehabilitation Assistance 5-12 5.6.13 Trees, Crops and Aquaculture 5-12 5.6.14 Salvage Materials and Demolition 5-12 5.6.15 Special Assistance for Vulnerable Groups 5-13 5.6.16 Unanticipated impacts 5-13 CHAPTER 6 Compensation and Entitlement 6-1 6.1 Eligibility Policy and Entitlement Matrix 6-1 6.2 Eligibility Criteria 6-2 6.3 Other Types of Assistance/Entitlements 6-4 6.4 Livelihood Restoration Options 6-7 6.5 Disturbance Compensation 6-7 6.6 Relocation of ISFs 6-8 6.7 Special Assistance for Vulnerable Groups 6-9 6.8 Payment of Compensation and Provision of Resettlement Assistance 6-9 6.8.1 Required Documents 6-9 6.8.2 Payment schedule 6-10 6.9 Units of Entitlements 6-10 6.10 Entitlement Matrix 6-11 CHAPTER 7 Relocation and Resettlement 7-1 7.1 Preference on Relocation Sites 7-1 7.2 Resettlement Assistance Options and Relocation Package 7-2 7.2.1 Option 1: Self-Relocation Assistance 7-2 7.2.2 Option 2: Assisted Resettlement 7-2 7.3 Housing Support 7-2 7.3.1 Type of Housing Support 7-2 7.3.2 Housing Modality 7-3 7.3.3 Economic Housing 7-4 7.3.4 Socialized Housing Program 7-6 7.3.5 Public Rental Facility 7-7 7.4 Relocation Sites for the Socialized Housing Program 7-7 7.4.1 Community Based Initiative Approach 7-8 7.5 NHA Verified Candidate Relocation Sites 7-8 7.6 Temporary Accommodation 7-11 7.7 Integration with Host Population 7-11 7.8 Additional Measures for Relocation 7-12 7.9 Relocation Implementation Institution Arrangement 7-12 7.9.1 Role and Responsibility of Involved Parties 7-12 7.9.2 Preparation of Memorandum of Agreement 7-14 CHAPTER 8 Income Restoration and Livelihood Restoration Assistance 8-1 8.1 Objectives and Approach of the Livelihood Restoration and Improvement Program 8-1 8.2 Overview of LRIP Beneficiaries 8-2 8.3 Livelihood Restoration for the Affected Businesses 8-3 8.3.1 Tenurial Status of the Business Owner 8-3 8.3.2 Size of Business 8-4 8.4 Livelihood Restoration for Affected Employees and/or Wage-Based Earners 8-5 8.5 Livelihood Restoration for Land Based Income Earners (Replacement Farm Land) 8-6 8.6 Programs and Services 8-7 8.6.1 Vocational Training 8-8 8.6.2 Mainstream Employment Information and Referral 8-9 8.6.3 Project Employment Opportunities 8-10 8.6.4 Financial Management and Entrepreneurial Training 8-10 8.6.5 Women as beneficiaries of the Livelihood Restoration and Improvement Program (LRIP) 8-11 8.6.6 Additional Support for Vulnerable Persons 8-12 8.7 Proposed Workplan 8-12 8.8 Implementation Arrangements 8-14 8.9 LRIP Budget Estimate 8-15 CHAPTER 9 Grievance Redress Mechanism 9-1 9.1 Objectives of Grievance Redress 9-1 9.2 Principles Guiding the GRM 9-1 9.3 Levels of Grievance Redress Mechanism 9-1 9.3.1 Level 1 - Help Desk/Grievance Desk 9-1 9.3.2 Level 2 - MCRP PMO and RIMC for Legal PAPs, or Local Housing Office (LHO)/ Local Inter-Agency Committee (LIAC) for ISFs 9-2 9.3.3 Level 3 - Project Inter-Agency Committee (PIAC) 9-3 9.3.4 Level 4 - Court of Law 9-3 9.3.5 Other Grievances 9-3 9.4 Roles and Responsibilities 9-4 9.4.1 Help/Grievance Desk 9-4 9.4.2 DOTr MCRP PMO and RAP Implementation and Management Committee (RIMC) 9-5 9.4.3 Local Housing Office (LHO) or Local Inter-Agency Committee (LIAC) 9-5 9.4.4 Project Inter-Agency Committee (PIAC) 9-5 9.5 Grievance
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