Resettlement Due Diligence Report

Project Number: 44328-013 Loan 3289 May 2020

CAM: Uplands Irrigation and Water Resources Management Sector Project

DUE DILIGENCE REPORT ON INVOLUNTARY RESETTLEMENT OF ADDITIONAL WORKS PREK CHIK IRRIGATION SCHEME IN PROVINCE For Variation Order No.: 02 (VO.02) of MOWRAM/ICB-CW09

Prepared by Ministry of Water Resources and Meteorology, the Kingdom of for the Asian Development Bank.

This Resettlement Due Diligence 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. 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. KINGDOM OF CAMBODIA Nation Religion King



MINISTRY OF WATER RESOURCES AND METEOROLOGY

ASIAN DEVELOPMENT BANK

UPLANDS IRRIGATION AND WATER RESOURCES MANAGEMENT SECTOR PROJECT ADB Loan No 3289-CAM

DUE DILIGENCE REPORT ON INVOLUNTARY RESETTLEMENT OF ADDITIONAL WORKS PREK CHIK IRRIGATION SCHEME IN For Variation Order No.: 02 (VO.02) of MOWRAM/ICB-CW09

Phnom Penh May 2020

This report is prepared by the Uplands Irrigation and Water Resources Management Sector Development Project (UIWRMSDP) of Ministry of Water Resources and Meteorology (MOWRAM), Kingdom of Cambodia for the Asian Development Bank.

This Due Diligence Report (DDR) 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.

i

Table of Contents

1. BACKGROUND ...... 1 2. PROPOSED ADDITIONAL REHABILITATION ...... 5 3. OBJECTIVES OF THE REPORT ...... 12 4. SCOPE AND NATURE OF RESETTLEMENT IMPACTS ...... 13 4.1. Command Area ...... 13 4.2. Corridor of Impacts ...... 13 5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ...... 14 6. GRIEVANCE REDRESS MECHANISM ...... 19 7. CONCLUSION AND RECOMMENDATION ...... 20

List of Tables Table 1: Administrative Scope and Coverage of Prek Chik Subproject ...... 3 Table 2: List of proposed Additional Works ...... 5 Table 3: Villages and Communes in the Command Area of VO-02 ...... 13 Table 4 : Existing AE width and the design width for construction ...... 14 Table 5: List of questions and answers during consultation ...... 15 Table 6 : Grievance Redress Committees Members ...... 19

List of Figures Figure 1: Prek Chik Irrigation Command Area ...... 3 Figure 2: Layout of the O Tracheak Chit (OCT) Irrigation Subproject ...... 4 Figure 3: Layout of VO2 of CW09 ...... 6 Figure 4: Typical cross sections of AE1 under VO2 of MOWRAM/ICB-CW09 ...... 7 Figure 5: Typical cross sections of AE2 under VO2 of MOWRAM/ICB-CW09 ...... 7 Figure 6: Typical cross sections of AE3 under VO2 of MOWRAM/ICB-CW09 ...... 9 Figure 7: Typical cross sections of AE4 under VO2 of MOWRAM/ICB-CW09 ...... 10 Figure 8: Consultation with Relevant Stakeholder...... 17 Figure 9: Land Acquisition of Proposed Sub-project ...... 17

Annexes Annex 1:Screening Checklist for VO.02 of CW09 ...... 22 Annex 2: Minute of Consultation on 10 March 2020 with local people and local authority ...... 23 Annex 3: Attended List of Consultation on 10 March 2020 ...... 25 Annex 4: GRM Log Book ...... 30 Annex 5: Public Information Booklet (PIB) ...... 31

ii

Abbreviations

ADB Asian Development Bank CD Community Development DS Dry Season FWUC Farmer Water User Community FWUG Farmer Water User Group GPS Global Positioning System MC Main Canal MEF Ministry of Economy and Finance MOWRAM Ministry of Water Resources and Meteorology PMU Project Management Unit PIU Project Implementation Unit PP Procurement Plan (of ADB) RC Reinforced Concrete RGC Royal Government of Cambodia ROW Right of Way, (reservation width) RP Resettlement Plan RU Resettlement Unit RWG Resettlement Working Group SAH Severely Affected Household TA Technical Assistance ToR Terms of Reference WS Wet Season WUG Water Users Group

iii Additional Works - Prek Chik Irrigation Scheme (Variation Order No. 02, CW09)

DUE DILIGENCE REPORT ON INVOLUNTARY RESETTLEMENT OF PROPOSED ADDITIONAL WORKS – PREK CHIK IRRIGATION SCHEME For Variation Order No. 02 of MOWRAM/ICB-CW09

1. BACKGROUND

1. The project impact of the Uplands Irrigation and Water Resources Management Sector project (UIWRMSP) will be inclusive economic growth through agriculture and irrigation, in line with Phase 3 of the government’s Rectangular Strategy on Growth, Employment, Equity, and Efficiency for 2014–2018. The outcome is enhanced water and agriculture productivity in the project areas.

2. The expected project outputs of the UIWRMSP are: (i) enhanced efficiency and climate resilience of irrigation systems in the project areas; and (ii) improved water resources management with details below:

(i) Output 1: Enhanced efficiency and climate resilience of irrigation systems. This output consists of the rehabilitation, modernization, and climate-proofing of at least three irrigation systems in the province of Kampong Thom and Battambang. The cultivated area of the systems is expected to increase to 29,500 ha from a baseline of 13,500 ha. The key activities under this output include:

a) Rehabilitation and modernization of the Taing Krasaing (TK) irrigation system in Kampong Thom. The rehabilitation and improvement of the TK scheme started in January 2016 and are expected to be completed by late-2019. The project activities included the DED for the secondary and tertiary systems, with the DED for the primary system already prepared under a previous project. The command area improved under the project in this TK scheme covers approximately 10,961 ha.

b) Rehabilitation and modernization of the Prek Chik (PC) irrigation system in Battambang. The civil works for the rehabilitation and improvement of the PC system started in February 2016 and are expected to be completed by July 2021 (including 1-year maintenance period). This is because a last contract to rehabilitate a second reservoir (OTC) as supplementary water source for the PC scheme, and to rehabilitate and modernise an additional 1,880 ha, was only signed in June 2019. The project activities included the DED for the secondary and tertiary systems with the DED for the primary system already prepared under a previous project. The total command area with improved irrigation and/or drainage in this PC scheme covers approximately 19,905 ha.

c) Rehabilitation and modernization of the O'Kra Nhak (OKN) irrigation system in Kampong Thom. The civil works for the rehabilitation and improvement of the OKN system started in July 2018 and are expected to be completed by December 2020 (including a one-year maintenance period). The project activities included the feasibility study and DED of the entire system. The command area improved under the project in this OKN scheme covers approximately 1,762 ha. which expanded by VO.01 Bi via ADB's No Objection Letter dated on 1 October 2019. 1 Additional Works - Prek Chik Irrigation Scheme (Variation Order No. 02, CW09)

(ii) Output 2: Improved water resources management. This output includes the following key activities: a) Organization of FWUCs and provision of gender-inclusive training on: (i) O&M of canals; b) management of FWUCs; (iii) orientation on climate variability and change; and (iv) water management; c) Involvement of FWUCs in the design and implementation of subprojects; d) Installation of hydro-meteorological stations in the watershed area; e) Installation of flow measurement networks in the irrigation systems; f) Provision of training to staff of MOWRAM, PDWRAM, DFWUC, and MAFF on modern canal operation techniques, irrigation scheduling, watershed management, water management, and strengthening awareness on climate resilience in water resource management (WRM); g) Modernization of canal operation through irrigation scheduling and integrating the schedule on canal flow gauging system to effectively manage water supply, particularly during droughts; h) Design and implementation of joint reservoir operation (JOROP) for Stung Chinit and Taing Krasaing reservoirs in Kampong Thom and Bassac, Dauntri and OTC reservoirs in Battambang to improve water-sharing arrangements and equitable water distribution between linked systems, especially during droughts.

3. During the field visit to this Prek Chik subproject of the February 2020 Midterm Review Mission of the UIWRMPSP project and also again to the O Tracheak Chit subproject, which is connected to the Prek Chik scheme, in the February 2020 Supervision Mission, local inhabitants expressed their support for the irrigation rehabilitation program but requested the mission for additional works within various parts of the Prek Chik irrigation scheme with the main aim to increase the density of the secondary and tertiary irrigation and drainage networks in order to improve the irrigation and drainage within the Prek Chik scheme. O TRACHEAK CHIT RESERVOIR AND PARTINENT CANAL AND STRUCTURES CW09

4. The irrigation infrastructure of the O Tracheak Chit (OTC) sub-project was constructed during the Khmer Rouge period but since has failed in despair due to lack of maintenance. The original system consists of a ‘water storage’ pond, in which runoff water of the OTC river was planned to be stored and 2 irrigation feeder canals. The ‘water storage pond’ consists of an embankment and 2 outlet structures, but currently the embankment has many landslides while the 2 structures have no gates and are subject to underscoring. The current system does not have a spillway to be used in the case of floods caused by extremely high rainfall. Furthermore, the two feeder canals did not have any water control structures. Figure 1 shows the overall layout of the Prek Chik scheme and Figure 2 shows the location map of the OTC sub-project, while Figure 3 shows the location of the requested additional works in the CW09 project area.

5. The command area of the Prek Chik irrigation scheme is situated within two communes of Ruhk Kiri District of Battambang Province. These communes are Preak Chik, and Preay Tralach, The OTC reservoir of the irrigation system is located within the Preak Chik commune.

6. There are 15 villages in the two communes, but only 5 villages are covered by the Prek Chik irrigation system. The list of villages in each commune is shown in Table 1. 2 Additional Works - Prek Chik Irrigation Scheme (Variation Order No. 02, CW09)

Table 1: Administrative Scope and Coverage of Prek Chik Subproject Number of Villages Province District Commune Total Benefited Villages Khach Orpor Preak Chik 8 3 Chke Kham Prues Battambang Rukah Kiri Prek Tavain Rong1 Preay Talach 7 2 Chug Por Total 1 2 15 5 Sources: Commune chiefs; Officer of the District Office of Agriculture, Forestry, and Fisheries 2019

Figure 1: Prek Chik Irrigation Command Area

3 Additional Works - Prek Chik Irrigation Scheme (Variation Order No. 02, CW09)

Figure 2: Layout of the O Tracheak Chit (OTC) Irrigation Subproject

Source: PMIC, 2019

4 Additional Works - Prek Chik Irrigation Scheme (Variation Order No. 02, CW09)

2. PROPOSED ADDITIONAL REHABILITATION 7. The additional works comprise mainly earthworks and new additional structures. The new earthworks are shown in Table 2 and the new Structures are shown in table 4.

Table 2: List of proposed Additional Works No. Descriptions AE Additional Earthworks AE1 Access Road/Dike (1,100m) AE2 Access Road/Dike (1,600m) AE3 Access Road/Dike (2,300m) AE4 Secondary Canal (1000m) from FC01 at PK2+400 AS Additional Structures works AS1 Single pipe culvert diameter 0.8m (Nr.:1), PK0+950 on AE1 Single pipe culvert diameter 0.8m (Nr.:4), PK0+100, PK1+050, PK1+570 and PK1+600 AS2 on AE2 AS3 Box culvert (Nr.:1), PK0+400 on AE3 AS4 Single pipe culvert diameter 0.8m (Nr.:1), PK1+100 on AE3 AS5 Single pipe culvert diameter 0.8m (Nr.:1), PK1+100 on AE4 AS6 Outlet/Inlet structures (Nr.:1 BHS), PK0+795 on AE4 AS7 Check structures (Nr.:1 BHS), PK0+800 on AE4 Check drop structures (Nr.:9), PK0+700 PK1+200, PK3+400, PK4+200, PK5+500, AS8 PK6+200, PK7+650, PK8+400 on FC02, to replace 9 pipe culverts (4 rows, diameter 1m) DS Deducted Structures works Cross Structures diameter 1m (4 rows), (Nr.: 9) on FC02, PK0+950, PK1+930, DS1 PK2+950, PK3+950, PK4+950, PK5+900, PK6+950, PK7+950, PK8+800 on FC02

Source: PMIC, 2020

5 Additional Works - Prek Chik Irrigation Scheme (Variation Order No. 02, CW09)

Figure 3: Layout of VO2 of CW09

Source: PMIC, 2020

6 Additional Works in O Tracheak Chit subproject (For Variation Order No.: 02 of CW09)

Figure 4: Typical cross sections of AE1 under VO2 of MOWRAM/ICB-CW09

Figure 5: Typical cross sections of AE2 under VO2 of MOWRAM/ICB-CW09

7 Additional Works in O Tracheak Chit subproject (For Variation Order No.: 02 of CW09)

8 Additional Works in O Tracheak Chit subproject (For Variation Order No.: 02 of CW09) Figure 6: Typical cross sections of AE3 under VO2 of MOWRAM/ICB-CW09

9 Additional Works in O Tracheak Chit subproject (For Variation Order No.: 02 of CW09)

Figure 7: Typical cross sections of AE4 under VO2 of MOWRAM/ICB-CW09

10 Additional Works in O Tracheak Chit subproject (For Variation Order No.: 02 of CW09)

11 Additional Works in O Tracheak Chit subproject (For Variation Order No.: 02 of CW09) 3. OBJECTIVES OF THE REPORT 8. A screening of the location of the proposed additional works in the Prek Chik project area, PMIC safeguard specialist and engineering team together with social safeguard specialist went to the site on 10th March 2020 and conducted the site screening using tools and methods such as GPS, map, technical drawing design and public consultations. Then the demarcation based on the technical drawing design has been done together with the number of beneficiary households due to the subproject is identified. The technical drawing design has been explained to local authorities and subproject beneficiaries including the thickness, length, height, top width and bottom width. During that time, the participants clearly understood and very happy to this additional work. The purpose of the screening is to confirm whether the proposed additions works requires for land acquisition and involuntary resettlement.

9. The screening was carried out by the new PMIC Safeguard Specialist – PMU supported by the local PMIC staff. The additional works comprise of new earthwork of canal and dike such as AE1.Access Road/Dike total length 1,100m with existing 12m to 14m bottom width and designed 11m to 13m bottom width is included COI 1m, AE2. Access Road/Dike total length 1,600m with existing bottom width is from 14 to 18m and designed bottom width for 10 to 16m is includes COI of 1m, AE3. Access Road/Dike total length 2,300m with existing bottom width is 14m to 16m and designed bottom width from 10 to 15m is included COI of 1m, AE4. Secondary Canal total length 1000m with existing width of 24m to 25m and designed bottom width is 23 to 24m is included the COI of 2m and the works will be carried out within the existing right of way (RoW) of the Access Road and Secondary Canal. According to the consultation meeting on 10 March 2020 with the two commune leaders and village chiefs at Rukakh Kiri District office they stated that even though the Provincial Cadastral Department has not yet done the land registration to define the canal land reservation of (AC,SC,) but they could identify that the existing canal right of way (RoW) was large enough for rehabilitation and modernization. There is no encroachment or beneficiary landholding, no affected houses, no structures and crops for this sub-project would be affected. The proposed additional works for CW09-VO.02 sub-project may therefore be classified as resettlement Category C. Illustrates the layout of the proposed additional work (VO.02 of CW09) and specifics resettlement impact are presented at Table 4: Land Acquisition of Proposed Sub-project.

10. CW09-VO.02 sub-project focuses on improvement of access road and reservoir and Pertinent canal and structure the existing extend secondary canal and extend secondary drain and Dike and construction of additional control structures along the canal. The works will be carried out within the existing right of way (RoW) of the AE and AE existing access road and canal and there is no encroachment from the beneficiary landholding; and there are no affected houses, structures and crops for this sub-project intervention.

12 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) 4. SCOPE AND NATURE OF RESETTLEMENT IMPACTS 4.1. Command Area

11. The command area of O Tracheak Chi (for both original contract and proposed VO-02), covers 4 villages in Rukh Kiri district, Battambang province where three villages are in Preak Chik commune, one village is in Preay Tralach commune and. The main occupation of the people is wet paddy crop (one crop per year due to lack of water at dry season). During wet season, people could start the long-term crop which is from June to November whenever the water is available.

Table 3: Villages and Communes in the Command Area of VO-02

Districts Communes Name of Village No. of HHs Remark/Note Rukh Kiri Preak Chik 1. Thnouy 382 CW -09 2. Chke Kham Prues 260 CW - 09 3. Boueng Ampil 260 CW -09 Preay Tralach 4. Rong 1 343 CW 08 1 District 2 Communes 4 Villages 1,245 HHs

Source: Commune Data Book, 2019

4.2. Corridor of Impacts

12. Based on the measurements surveyed during field visit on 10 – 13 March 2019, the canal and access road do not need any land acquisition/involuntary resettlement impact based on detailed engineering design. The existing ROW for all additional works has been confirmed from commune chiefs. Based on site screening and demarcation following by Inventory of lose, the proposed additional work of AE1 section will be on the existing width from 12m to 14m at the bottom and its designed width is from 11m to 13m (PK 0+000 to 1+100), so the COI extends for an additional 1.0 meter on each side of the road. For AE2, the existing cleared width is from 14m to 18m and its designed width is from 10m to 16m (PK 0+000 to 1+600), so the COI extends for an additional 1.0 meter on each side of the road. For AE3, the existing cleared width is 14m to 16m at the bottom and its designed width is from 10m to 15m from (PK 0+000 to 2+300) so the COI extends for an additional 1.0 meter on each side of the road. And for the existing width of AE4 is ranging from 24m to 25m bottom and its designed width is from 23m to 24m bottom width from PK 0+000 to 1+000, so the COI extends for an additional 2.0 meter on each side of the canal,

13. The proposed additional work will not acquire for additional land based on the detailed engineering designed dimension standards of subproject within Preak Chik and Preay Tralach communes. The DED and demarcations shows the proposed civil work will acquire smaller width than from the existing width of all AE and SC from 1m to 4m depending on the ground level. Hence the exiting AE have sufficient existing land allowing for construction works. (See Figure: 4 to 7: Typical cross-section for AE and Table 4: The Existing AE width and the design width for construction). However, it is strongly recommended that MOWRAM, PMU and PMIC to keep close monitoring and allocate sufficient resources to overcome any impacts that may temporarily impact during sub-project civil work for all the proposed additional works. All environmental impacts or

13 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) any IR impacts during construction beyond the agreed CoI, if any, will be addressed in the environmental management plan (EMP) and report it in the QPR and ESMR.

Table 4 : Existing AE width and the design width for construction PK No. Existing Design Width as Land to be width per DED acquired (m) including CoI (m2) No. Descriptions (m) Access Road/Dike 0+000-0+200 12 11 - AE1 (1,100m) 0+200-1+100 14 13 - 0+000-0+550 16 14 - Access Road/Dike AE2 0+550-1+050 14 12 - (1,600m) 1+050-1+200 14 10 -

1+200-1+600 18 16 - 0+000-0+050 16 15 - 0+050-0+200 14 13 - 0+200-0+350 14 12 - Access Road/Dike 0+350-0+700 16 14 - AE3 (2,300m) 0+700-1+100 14 13 - 1+100-1+400 15 14 - 1+400-2+200 16 13 - 2+200-2+300 14 10 - 0+000-0+500 24 23 - Secondary Canal (1000m) AE4 0+500-0+700 25 24 - from FC01 at PK2+400 0+700-1+000 24 23 -

5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

14. During the field visit to this Prek Chik subproject in February 2020, the Midterm Review Mission of the UIWRMPSP project and also again to the O Tracheak Chit subproject, which is connected to the Prek Chik scheme. And in the February 2020 Supervision Mission, the local inhabitants expressed their support for the irrigation rehabilitation program and requested the mission for additional works within various parts of the Prek Chik irrigation scheme with the main aim to increase the access road and secondary irrigation and drainage networks in order to ease of transportation from village to village and to improve the irrigation and drainage within the Prek Chik scheme.

15. During the field visit, one consultation meeting was held on 10 March 2020 at Prek Chik village, with the people who are living in two communes of Preak Chik and Preay Tralach communes attended from 59 participants of which 16 of them were females, (See Annex 3: Attended List of Consultation Meeting). And the main agenda for this consultation meeting was following the below topics:

- Discussion with the local authorities (village and commune authorities) and project beneficiaries to review the technical detailed design and social assessment for the subproject’s site. - Discussion about potential resettlement impacts; - Provides details about the procedures of grievance redress mechanism set out in this sub-project; and

14 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) - Get perceptions of and feedback from affected persons on both positive and negative impacts.

16. Mr. Phang Phal, first deputy of Rukakh Kiri district, introduced himself to meeting team and presented the objectives of the consultation meeting and achievements which is supported by the project and suggested to participants to pay attention in listening to the explanation of the meeting team about the canal rehabilitation.

17. He presented, there are proposed AE1. Access Road/Dike (1,100m), AE2. Access Road/Dike (1,600m), AE3. Access Road/Dike (2,400m) and AE4. Secondary Canal (1000m) from FC01 at PK2+400 for addition work for easy for transportation and get water for cropping,

18. Mr. Tao Kimmeng, Assistant Engineer, introduced himself and he expressed that the CW09 - VO.02 is very important for both the function of the irrigation schemed and transportation within the scheme. He concluded that the villagers will be very happy if their request can be accommodated.

19. Mr. Hong Sophea, Social Safeguard Specialist explained about compensation for affected land by project, the compensation will apply in cases houses, structures, crops and trees are affected, and in case livelihoods are affected the project will help to restore the livelihood and living standards.

20. The local authorities, other community leaders and beneficiaries understood clearly the proposed technical design of the road rehabilitation which would be used for improvement of domestic transportation and to improve access to markets for agricultural purposes. They were aware of the location of proposed access roads and secondary canals and they fully agreed with these proposed locations. All participants agreed that the CW09-VO.2 will provide additional benefits to the subproject beneficiaries by providing them with better accessibility from the subproject villages to other villages and communes and to the school and market for agriculture purpose.

21. The project staffs, local authorities together with the project beneficiaries visited the subproject site for verification and did the demarcation to confirm of impact. As the result, they observed that all proposed locations are on the existing alignments, right of way and they found no any negative impact foreseen on land, assets and homesteads. The proposed additional earthwork construction are on the existing, i) Existing width of AE1 is from 12m to 14m, designed bottom width is from 11m to 13m, ii) Existing width of AE2 is from 14m to 18m, designed bottom width is from 10m to 16m, iii) Existing width of AE3 is 14m to 16m, designed bottom width is from 10m to 15m, and iv) Existing width of AE4 is 24m to 25m ,designed bottom width is 23m to 24m., the local authorities and beneficiaries have visited, verified and confirmed that the proposed locations for the additional works CW09 VO.02 were appropriate due to located within the existing ROW and do not have any negative impact on any structures or private assets.

Table 5: List of questions and answers during consultation

Questions Answers - Mr. Ny Choung, Boueng - There is usually no payment for the use water, but Ampil Village chief, the by law spell out for the Farmer Water User question that, does Community, there is a requirement for people to people using water contribute to the maintenance and repair of the require payment? irrigation scheme as determined by the FWUC.

15 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

- Mr. Meas Mong, Thnouy - Mr. Phang Phal, first deputy of Rukakh Kiri district village chief to requested responded that we will discussion with PMU for for add two single pie seeking facility for this requested. culvert with on the asses road and canal for easy drainage the water and transportation.

- What should the project - Private land affected by the project, will receive think, in case the land compensation at market rates, while land in the will be affected? canal feed will not entitle to receiving compensation. But those who lose productive (agricultural) land on the forage land receive a subsidy for not continuing to use the production land - Who will be entitled to - Cut-off Date has been setting up for each sub- receiving compensation? project site during the Inventory of lose (IOL) and it is the date to determine the entitlement for compensation provision and other entitlements. For affected families who own land and or use, if any land after the cut of date, they will not be entitled to any compensation or allowances.

22. All participants well understood and agreed with the explanation and confirmed that there is no impact to the rice field.

23. In addition, during the consultation, the Grievance Redress Mechanism (GRM) was also clearly presented/explained to the participants. It was clearly discussed that people have the rights to claim for their loss according to ADB safeguard policies.

24. Participation measurement of the existing access road and canals, roads, dikes against detail engineering design to confirm if there is any involuntary resettlement impact or land acquisition;

25. During the consultation meeting, we have informed related people on the proposed VO.02 regarding the cut of date so that people are aware and avoid any encroachment.

26. Inform people of the GRM and its procedures in case there is impact during construction stage. The village chief of Preak Chik village said that, there has been discussed for extension of the irrigation and informed of the ROW of 30m which is reserved by the Government.

27. All participants were very pleased to learn about the benefits of the VO.02 of CW09 as it will bring water to their farmlands. In addition, the improvement of the access road will support their agricultural products transportation.

16 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) Figure 8: Consultation with Relevant Stakeholder

Meeting with local authority on 10 March 2020

Screening Activity (10 March 2020)

Figure 9: Pictures of existing conditions of the proposed Sub-project’s components

17 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) AE1: Access Road/Dike (1,100m) is within the existing road, hence no land acquisition and this section of existing canal is wide enough for the proposed width

AE2: Access Road/Dike (1,600m) is within the existing road , hence no land acquisition and this section of existing canal is wide enough for the proposed width

AE3: Access Road/Dike (2,400m) is withing the existing road, hence no land acquisition and this section of existing canal is wide enough for the proposed width

18 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

AE4: Secondary Canal (1000m) is withing existing canal, hence no land acquisition and this section of existing canal is wide enough for the proposed width 6. GRIEVANCE REDRESS MECHANISM

28. The information and arrangements for addressing conflicts and appeal procedures regarding eligibility and entitlements as well as the implementation of the resettlement activities are explained during the consultation and GRM was established which is under EMP will be address together with social safeguard due to this project is classified as IR category C, GRM member as detail at Table 6, and below are the steps that affected people can follow and it is in line with the approved 2015 resettlement framework.

Table 6 : Grievance Redress Committees Members

No Name Roles Contact no 1 Mr. But Boeurn Commune Chief of Preak Chik 097 338 4171 2 Mr. Nougn PMU Standby at the Project Site 086 294 449 3 Mr. Tao Kimmeng Assistant Engineer 012 888 451 4 Long Sina Contractor 012 961 809 5 Mr. Chann Toeury Chhkae Kham Praeus Village Chief 088 7949 049

29. As the subprojects are classified as Category C for IR, the VO-02 of CW09 subprojects are being implemented according to the proposed plan and detail engineering design. As of date of this DDR prepared, there is no involuntary resettlement impact observed during construction. However, there is complaint log book prepared for complaint registry if any complaints may occur during the implementation/civil work for this proposed additional works. See annex 4 for the GRM Log Book prepared under this sub-project.

30. The procedures for grievance redress are set out below.

(i) Stage 1: AHs will submit a letter of complaint/request to the village or commune office. The Commune Office will be obliged to provide immediate written confirmation of receiving the complaint. If, after 15 days, the aggrieved AH does not hear from the village or commune chief, or if the AH is not satisfied with the 19 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) decision taken by in the commune office, the complaint may be brought to the district office. Uplands Irrigation and Water Resources Management Sector Project ADB Loan No. 3289 CAM (SF) MOWRAM O’ Tracheak Chit Sub Project

(ii) Stage 2: The district office has 15 days within which to resolve the complaint to the satisfaction of all concerned. If the complaints cannot be resolved in this stage, the district office will bring the case to the Provincial Office.

(iii) Stage 3: The Provincial Grievance Redress Committee meets with the aggrieved party and tries to resolve the complaint. Within 30 days of the submission of the grievance, the Provincial Office must make a written decision and submit a copy of the same to PMU/DOWRAM/MOWRAM and the AH.

(iv) Stage 4: Court Procedures. If the aggrieved AH does not hear from the Provincial Office or is not satisfied with the proposed solution, the AH can bring the case to the Provincial Court. The Court will make a written decision and send copies to the AH, to provincial office and MOWRAM/DOWRAM.

31. In cases where AHs do not have the writing skills or are unable to express their grievances verbally, it is a common practice that AHs are allowed to seek assistance from any recognized local NGO or other family members, village heads or community chiefs to have their complaints or grievances written for them. Throughout the grievance redress process, the responsible office will ensure that the concerned AHs are provided with copies of complaints and decisions or resolutions reached.

32. If efforts to resolve disputes using the grievance procedures remain unresolved or unsatisfactory, AHs have the right to directly discuss their concerns or problems with the ADB’s Environment, Natural Resources and Agriculture Division, Southeast Asia Department through the ADB Cambodia Resident Mission. If AHs are still not satisfied with the responses of CARM, they can directly contact the ADB Office of the Special Project Facilitator. The Office of the Special Project Facilitator procedure can proceed based on the accountability mechanism in parallel with the project implementation.

7. CONCLUSION AND RECOMMENDATION 33. The subproject’s components for all proposed additional work are selected through meaningful consultations and discussions with beneficiaries and local authorities. The civil works under this additional works including the rehabilitation of i) access raod/dike (AE1 1,100m), ii) access road/dike (AE2 1,600m), iii) access road/dike (AE3 2,300m), and iv) secondary canal (AE4 1,000m).

34. Following the detailed engineering design and the provided COI used during the consultation/demarcation for this subproject, all additional works are not expected to entail any impact on productive agricultural land or crops, residential or commercial land, will not disturb to any business, incomes or livelihoods. Therefore, the subproject is classified as category C for involuntary resettlement impact according to ADB’s classification

35. MOWRAM and PIU will ensure contractor’s Bill of Quantities (BOQ) includes provisions/allocations to cover any temporary impact, including as part of implementation of the Environmental Management Plan

36. MOWRAM through PIU will closely monitor the construction process and shall ensure 20 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) that if any impact is caused by contractor during the civil work, it is timely compensated by contractor strictly in line with the entitlement matrix provided in the updated Resettlement Framework agreed for the Project, at full replacement cost. PIU will update the status of safeguard compliance in the periodic and safeguards monitoring reports and will include all the relevant supporting documents (i.e. receipt of payments of any compensation made by contractor, consultations conducted etc.). 37. PIU will ensure that the subproject does not adversely impact any family during the civil works. It will require contractor to provide alternative access to water in case of temporary blockage of canals as needed; ensure accesses to rice fields and to the house are provided at all times including temporary alternative measures in consultation with farmers and households living nearby, as needed.

38. During the field visits and the public consultations, it was confirmed by the local authorities and consulted people that there are no IPs living within the subproject area and this subproject will not cause any impact on IP.

39. The existing GRM for the ongoing construction work of CW09 will continue to serve for this VO.02 and it has been informed to beneficiaries who participated during this round consultation as well. In addition to that, PIB which includes GRM information and its steps, was also distributed to local authorities and all participants. GRM logbook has been prepared for complaint registry and response if any potential problems may occur during the construction of this additional work.

21 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) Annex 1:Screening Checklist for VO.02 of CW09, the proposed additional works

Probable Involuntary Resettlement Effects Yes No Not Known Remarks Involuntary Acquisition of land? 1. Will there be land acquisition? Demarcations as per DED shows no additional land to be acquired  and the existing land are available within the public state land of the ROW 2. Is there site for land acquisition known?  Within the ROW 3. Is there ownership status and current usage No any other form of land uses or of land to be acquired known?  fix assets being affected along the proposed works 4. Will easement be utilized within an existing The existing reservoir form the Right of Way (ROW)?  easements which are within the ROW 5. Will there be loss of shelter and residential The houses (access road) are not  land use to land acquisition? affected by the civil works. 6. Will there be loss of agricultural and other  productive assets due to land acquisition? 7. Will there be losses of crops, trees, and fixed  assets due to land acquisition? 8. Will there be loss of business or enterprises None  due to land acquisition? 9. Will there be loss of income sources and None  means of livelihoods due to land acquisition? Involuntary restrictions on land use or on access to legally designated parks and protected areas 10. Will people loss access to natural resources,  communal facilities and services? 11. If land use is changed, will it have an adverse  impact on social and economic activities? 12. Will access to land and resources own  communally or by the state be restricted? Information on displaced persons: Any estimate of the likely number of persons that will be displaced by the Project?  No  Yes. If yes, approximately how many? ______Are any of them poor, female-heads of households, or vulnerable to poverty risks?  No  Yes Are there any displaced person from indigenous or ethnic minority groups?  No  Yes Subproject Subproject Category Next Steps Eligibility A: 200 or more persons will experience major Not Eligible Look for another subproject impacts defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive or income generating assets. B: Less than 200 persons will experience major Eligible Prepare Resettlement impacts defined as (i) being physically displaced for housing, or (ii) losing 10% or more of their productive or income generating assets C: No involuntary resettlement impacts Eligible None

Subproject Classification/Categorization Category C No Involuntary Resettlement Impacts

22 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

Annex 2: Minute of Consultation meeting carried out on 10 March 2020 with local people and local authority

On 10 March 2020 at Prek Chik village, we have conducted consultation meeting by discussing on environment and social safeguard impact for proposed CW09-VO2. There are facilitators: 1. Mr. Pheng Phal, Deputy District Governor of Rukh Kiri 2. Mr. Hong Sophea, Social Safeguard Specialist 3. Ms. Sao Sambathmorikoth, Environment Specialist 4. Mr. Tao Kimmeng, Assistant engineer. 5. Mr. Long Sina, Representative of Construction Company CHEAK CHHEAV LENG ENTERPRISE CO., LTD Mr. Pheng Phal, first Deputy District Governor of Rukh Kiri, introduced himself to meeting members and he also presented the objectives of the consultation meeting and achievements which is supported by the project and suggested to participants to pay attention to the explanation of the working group on canal rehabilitation works. Mr.Tao Kimmeng, Assistant Engineer, mentioned that the proposed additional works are being studied by PMU/PMIC/Authorities/farmers and it is expected to be implemented soon.

Mr. Hong Sophea, Social Safeguard Specialist, said that if there is any land acquisition and resettlement impact by the proposed VO2 and to introduce GRM to participants. Followings are the discussion points:

1. Participation measurement of the existing canals, roads, dikes against detail engineering design to confirm if there is any involuntary resettlement impact or land acquisition; 2. Does compensation apply to my affected houses or structures, crops and trees, and If in case our livelihoods are affected, how can the project help to restore livelihood and living standards 3. Inform to people of the project they proposed in this VO.2 and the cut of date so that people are aware and avoid any encroachment; 4. Inform people of the GRM and its procedures in case there is impact during construction stage.

The project staffs, local authorities together with the project beneficiaries visited the subproject site for verification and confirm impact and they observed that it is located in the existing rural roads/canals’ right of way and they do not have any negative impact on land, assets and homesteads. However, the proposed additional earthwork construction are on the existing roads/canals: i) Existing width of AE1 is from 12m to 14m, designed bottom width is from 11m to 13m, ii) Existing width of AE2 is from 14m to 18m, designed bottom width is from 10m to 16m, iii) Existing width of AE3 is 14m to 16m, designed bottom width is from 10m to 15m, and iv) Existing width of AE4 is 24m to 25m ,designed bottom width is 23m to 24m and no land acquisition is required for both sides because the all existing width of all AEs are enough for construction work.

Then, Mr. Hong Sophea, asked to participants that in case land impact, would you be willing to donate if the project was needed? the answer from participants: confirmed that there is no matter. However, he additional that the private land affected by project will be compensated by following market price and land on the ROW will not be compensated. However, those who lost productive land on the ROW will receive the allowance package for no longer use of the land. 23 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

The village chief of Thnouy village said that, there has been discussed for extension of the irrigation and informed of the ROW of 30m which is reserved by the Government. In addition, during the consultations, the Grievance Redress Mechanism (GRM) was clearly explained to the participants. It’s clearly stated that households have their rights to claim their compensations as per their entitlement if impacts caused by the project according to ADB’s safeguard policies and no one is forced to contribute the landholding to this subproject.

At the end of the meeting, all participants in the meeting expressed their pleasure and hoped that they will have a good canal condition and they will be able to cultivate next year. The meeting ends at 11:45 AM with the happiness and close cooperation.

Date 10 March 20120 Chaired of Meeting Meas Seoum,

24 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) Annex 3: Attended List of Consultation on 10 March 2020

Sex No. Name of Participants Position Village/Institution M F 1 Pheang Phal P Rukh Kiri Deputy District governor Rukh Kiri 2 But Bouen P Preak commune chief Preak Chik 3 Nay Choung P Boueng Ampil village chief Boueng Ampil 4 Chek Skeam P Deputy village Chke Kham Prues 5 Meas Mong P Villager Chief Boueng Khmouy 6 Nhiem Sokthy P Villager Boueng Ampil 7 Meas Soneang P Villager Boueng Ampil 8 Ngove Vanna P Villager Boueng Ampil 9 Thlouk Rim P Villager Boueng Ampil 10 Sor Kysa P Villager Rong1 11 Noun Phal P Villager Rong1 12 Sat veasna P Villager Rong1 13 Ny Heam P Villager Rong1 14 Nin Chea P Villager Rong1 15 Rouch Doueb P Villager Rong1 16 Math Sa P Villager Rong1 17 Hak Noun P Villager Rong1 18 Yan Sokhouen P Villager Rong1 19 Khlouk Rim P Villager Rong1 20 Chay Soknak P Villager Rong1 21 Neam Heng P Villager Rong1 22 Cheang Phea P Villager Rong1 23 Nit Saron P Villager Boueng Thnoy 24 Nhean Phim P Villager Boueng Thnoy 25 Nheam Sokny P Villager Boueng Thnoy 26 Nheam Sokphy P Villager Boueng Thnoy 27 Yoeum Chamnab P Villager Boueng Thnoy 28 Youem Ourn P Villager Boueng Thnoy 29 Eng Boray P Villager Boueng Thnoy 30 Nheam Chamnab P Villager Boueng Thnoy 31 Nhin Run P Villager Boueng Thnoy 32 Ngin Houern P Villager Boueng Thnoy 33 Thouen Thea P Villager Boueng Thnoy 34 Chouen Chatha P Villager Boueng Thnoy 35 Min Keo P Villager Boueng Thnoy 36 Phy Thin P Villager Boueng Thnoy 37 Keo Chantho P Villager Boueng Thnoy 38 Choun Phouet P Villager Boueng Thnoy 39 Mouen Voch P Villager Boueng Thnoy 40 Long Soum P Villager Boueng Thnoy 41 Krouch Bounthy P Villager Boueng Thnoy 42 Youn Ton P Villager Boueng Ampil 43 Bak Mao P Villager Boueng Ampil 44 Sao Sambathmarakath P Environment Specialist PMIC 45 Hong Sophea P Social Specialist PMIC 46 Bouy Boun P Villager Chke Kham Prues 47 Chim Thon P Villager Chke Kham Prues 48 Chouen Phal P Villager Chke Kham Prues 49 Sok Sophal P Villager Chke Kham Prues 50 Seng Phum P Villager Chke Kham Prues 51 Chab Kong P Villager Chke Kham Prues 52 Heng Hay P Villager Chke Kham Prues 25 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09) 53 Phean Douk P Villager Chke Kham Prues 54 Sim Ray P Villager Chke Kham Prues 55 Phat Phon P Villager Chke Kham Prues 56 Choung Thinch P Villager Chke Kham Prues 57 Thean Chong P Villager Chke Kham Prues 58 Moung Nougn P PMU staff MOWRAM 59 Tao Kimmeng P Assistant Engineer MOWRAM Total: 43 16 PMIC

26 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

27 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

28 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

29 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

Annex 4: GRM Log Book GRIEVANCE REGISTRATION LOGBOOK

Project______

Grievance Focal Location______

Grievance Focal Person______A Inquiry, clarification, suggestion, request B Complaint regarding alleged breach of the SPS 2009 or Public Communication Policy 2011 C Allegation of fraud or corruption IR Involuntary Resettlement and ENV Environment

GRIEVANCE REGISTRATION LOG BOOK

Type (A, Location of B,C) & impact Grievance Address, nature of Date Name (village Grievance Summary DP’s Signature No telephone Grievance name, KM (SOC or Chainage) ENV)

30 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

Annex 5: Public Information Booklet (PIB)

31 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

32 Additional Works in O Tracheak Chit subproject (For Variation Order No.: of CW09)

33