47030-002: Lishui River, Jinshan River
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Resettlement Plan May 2015 People’s Republic of China: Jiangxi Pingxiang Integrated Rural-Urban Infrastructure Development Prepared by Shangli Project management office of the Jiangxi Pingxiang Integrated Urban and Rural Infrastructure Improvement Project for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 15 May 2015) Currency unit – yuan (CNY) CNY1.00 = $0.1613 $1.00 = CNY6.2012 ABBREVIATIONS AAOV – average annual output value ADB – Asian Development Bank ADG – Anyuan District Government AHs – affected households APs – affected persons DMS – detailed measurement survey DRC – Development and Reform Committee FGD – female group discussion FSR – feasibility study report HD – house demolition HH – household IA – implementation agency JMG – Jiangxi Municipal Government LA – land acquisition LLFs – land-loss farmers LCG – Luxi County Government M&E – monitoring and evaluation MLS – minimum living security O&M – operation and maintenance PMO – Project Management Office PMG – Pingxiang Municipal Government PMTB – Pingxiang Municipal Transportation Bureau RP – resettlement plan SCG – Shangli County Government WWTP – wastewater treatment plant NOTE In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. 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. ADB-financed——Jiangxi Pingxiang Integrated Urban and Rural Infrastructure Development Project Resettlement Plan For Lishui River, Jinshan River Integrated River Rehabilitation Project & Tongmu Wastewater Treatment Plants Project Shangli PMO of Jiangxi Pingxiang Integrated Urban and Rural Infrastructure Development Project May 2015 ABBREVIATION ADB Asian Development Bank AH Affected Household AP Affected Person LA Land Acquisition HD House Demolition LLF Land-Loss Farmer IA Implementation Agency DRC Development and Reform Committee M&E Monitoring and Evaluation RP Resettlement Plan FSR Feasibility Study Report WWTP Wastewater Treatment Plant PMO Project Management Office SCG Shangli County Government SPMO Shangli Project Management Office FGDs Focus Group Discussions Executive Summary 1) Overview of the Project The components are to be constructed under the Shangli Project include: 1) Lishui River and Jinshan River Integrated River Rehabilitation Project; 2) Tongmu WWTP Project. The Shangli Project will be started in June 2016 and will be completed in June 2017. The total period of the Shangli Project is 12 months, which includes 1 month preparation period, 10 months construction period and 1 month completion period. 2) Land occupation and house demolition (HD) The Shangli Project affects a total population of 3866, including 923 households. The permanent land acquisition and demolition affect population of 2906, including 695 households, Lishui River and Jinshan River Integrated River Rehabilitation Project affects 661 households with 2,799 persons and Tongmu WWTP affects 34 households with 107 persons. The Shangli Project involves the permanent rural land acquisition, demolition of rural residential house. 738.37 mu of collective land will be acquired for two sub-projects, including cultivated land of 609.11 mu, forest land of 5.66 mu, the homestead of 16.17 mu andthe other class of land which is about 107.43 mu. Between 609.11mu of cultivated land, The river rehabilitation project affects 603.11 mu, including 279.17 mu for the Lishui River component (44.4%), 332.94 mu for the Jinshan River component (54.61%) and 6 mu for the WWTP component (0.98%). According to the survey, the Shangli Project involves the demolition of rural houses only with 78 AHs. 3) Policy framework and entitlements In order to avoid or reduce negative impacts of LA, adequate consultation was conducted on the potential site of the Shangli Project, the affected village groups and persons at the feasibility study stage. An optimum option was selected through comparison. This RP is based on the Land Administration Law of the PRC (2004), the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28), the applicable policies of Jiangxi Province, and ADB’s Safeguard Policy Statement (2009). According to the above policies, and in consultation with local governments and affected persons (APs), the resettlement principles of the Shangli Project are: 1. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. 2. Carry out meaningful consultations with affected persons, host communities, and concerned NGO. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the land-loss, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. 3. Improve, or at least restore, the livelihoods of all displaced persons 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. 4. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. 5. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. 6. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. 7. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of no land assets. 8. Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. 9. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. 10. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. 11. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. 12. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. 4) Compensation and restoration Compensation for permanent LA includes land compensation fees, resettlement subsidies and young crop compensation fees. The compensation rates for LA of Jinshan,