GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA
MINISTRY OF RAILWAYS
PRC: Yichang–Wanzhou Railway Project
RESETTLEMENT PLAN
Jointly prepared by Foreign Capital and Technical Import Center of the Ministry of Railways, Railway Construction Support Office of Yichang City, Railway Construction Support Office of Enshi Prefecture, and Railway Construction Support Office of Wanzhou District
15 August 2003
THIS IS NOT AN ADB BOARD APPROVED DOCUMENT.
TABLE OF CONTENTS
ABBREVIATION iv I. INTRODUCTION 5 II. SUMMARY OF THE RESETTLEMENT PLAN 5 A. Introduction 5 B. Socioeconomic Analysis 6 C. Resettlement Plan 7 D. Cost Estimates 8 E. Organization, Implementation, and Monitoring 8 III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 10 A. Scope and Necessity of Land Acquisition 10 B. Alignment Design 12 C. Summary of Key Effects 14 D. Primary Responsibilities for Land Acquisition and Resettlement 19 E. Station Access Roads 20 IV. SOCIOECONOMIC INFORMATION 21 A. Affected People 21 B. Socioeconomic Survey of Affected Villages and Households 22 C. Property Ownership and Compensation Structure 29 D. Likely Impact of Land Acquisition on Affected Persons 31 E. Losses for People Affected by Land Acquisition 33 F. Impact on the Poor, Indigenous People, Ethnic Minorities, and Other Vulnerable Groups 34 G. The Da-Wan Railway Experience 34 V. OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS 36 A. Purpose and Objectives of Land Acquisition and Resettlement 36 B. Applicable Land Policies, Laws, and Guidelines 36 C. Principles, Legal and Policy Commitments from MOR and Local Government 41 D. Entitlements and Compensation Standards 42 E. Eligibility and Rights of Affected Persons 49 F. Disbursement of Compensation Funds 50 G. Eligibility Policy and Entitlements Matrix 50 VI. CONSULTATION, PARTICIPATION AND GRIEVANCE REDRESS 54 A. Project Stakeholders 54 B. Mechanisms for Stakeholder Participation 54 C. Local Institutions or Organizations 58 D. Potential Role of Nongovernment Organizations and Community-Based Organizations 59 E. Procedures for Redress of Grievances 59 VII. RELOCATION OF BUILDINGS AND SETTLEMENTS 61 A. Options for Relocation of Buildings and Other Structures 61 B. Measures to Assist with Transfer and Establishment at New Sites 65 C. Options for Developing Relocation Sites 76 D. Infrastructure for Clusters of Households 76 E. Relocation of Schools 76 F. Relocation of Enterprises 77 G. Relocation of Other Infrastructure 78 H. Measures for Safeguarding Income and Livelihoods 78 I. Measures for Planned Integration with Host Communities 79 ii
J. Special Measures for Addressing Gender Issues and those Related to Vulnerable Groups 79 K. Management of Environmental Risks 80 VIII. INCOME RESTORATION STRATEGY 81 A. Livelihoods at Risk 81 B. Income Restoration Strategy during the Construction Period 82 C. Income Restoration Strategy 83 D. Job Creation Plan 86 E. Enterprises Relocation and Restoration Plan 87 IX. VILLAGE REHABILITATION PLANS 89 A. Background 89 B. Fengxiangping Village(Enshi Station Site) Rehabilitation Plan 90 C. Anlejing Village (Jianshi Station Site) 94 D. Zhamu Village (Lichuan Station Site) 98 E. Rehabilitation Plan for Infrastructure 101 F. Implementation Arrangement 101 G. Poverty Alleviation 101 H. Potential Risks and Measures 102 I. Actions for Consideration during the Project Implementation 103 X. VULNERABLE GROUPS DEVELOPMENT PLAN 105 A. Objectives and Methodology 105 B. Social Vulnerable Groups Affected by the Project 106 C. Minorities Affected by the Project 106 D. The Poverty Population Affected by the YWR 110 E. Women Affected by the Project 115 F. The Young and Old Population Affected by the YWR 118 G. The Influences of the YWR on the Vulnerable Groups 119 H. Rehabilitation Plans for the Vulnerable Groups Affected by the YWR 125 I. Policy for Long-Term Poverty Alleviation 135 J. Resettlement and Gender Development Plan 136 K. Social Development Plan 139 XI. INSTITUTIONAL FRAMEWORK AND ARRANGEMENTS 144 A. Main Tasks and Responsibilities in Land Acquisition and Resettlement 144 B. Capacity to Plan and Manage Land Acquisition and Resettlement 148 C. Capacity Building and Technical Assistance 149 D. Role of Non Governmental Organizations 150 XII. RESETTLEMENT BUDGET AND FINANCING 151 A. Land Acquisition and Resettlement Costs 151 B. Annual Budget and Timing for Release of Funds 153 C. Sources of Financing 154 XIII. IMPLEMENTATION SCHEDULE 155 A. Time Schedule 155 B. Preparatory Stage of Land Acquisition and Resettlement 156 C. Implementation Stage for Resettlement 156 D. Provisions for Affected People before Demolition 157 XIV. MONITORING AND EVALUATION 159 A. Objectives and Scope 159 B. Baseline Data 159 C. Internal Monitoring of Resettlement Targets 160 D. External Independent Evaluation 162 E. Monitoring Reports 166
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Annex A Detail of Land to be Acquired, and Buildings to be Demolished Annex B Information on Townships and Villages Along the Alignment Annex C Resettlement Regulations of PRC and Chongqing Municipality and Hubei Province Annex D Recommendations from Relevant Local Departments Annex E Agreements between MOR and Hubei and Chongqing
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ABBREVIATIONS
AAOV average annual output value ACWF All China Women’s Federation ADB Asian Development Bank AP affected person CBO community-based organization CK Preliminary Design Kilometer Stationing County includes county self-governed county, county-level city, county-level district DRP draft resettlement plan EIA environmental impact assessment Enshi Prefecture Enshi Tujia and Miao people’s autonomic state FSDI Fourth Survey and Design Institute FCTIC Foreign Capital and Technical Import Center of MOR GDP gross domestic product GLR Ganzhou–Longyan Railway HXR Hefei-Xi’an Railway MOR Ministry of Railways NGO NonGovernment organization PRC People’s Republic of China RCMC Railway Construction Management Center RCSO railway construction support office ROW right-of-way RP Resettlement Plan RRA Regional Railway Administration SEIA summary environmental impact assessment SWJU Southwest Jiaotong University TA technical assistance TERA Transportation and Economic Research Associates, Inc. YWR Yichang-Wanzhou Railway
WEIGHTS AND MEASURES
g gram ha hectare kg kilogram km kilometer km2 square kilometer m meter m2 square meter m3 cubic meter mu mu (667 square meters) mu/km mu per kilometer t/a tonnes per annum m3 cubic meters
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I. INTRODUCTION
1. This Resettlement Plan (RP) is based on the RP for the Yichang-Wanzhou Railway (YWR)1 Project prepared by Transportation and Economic Research Associates, Inc. (TERA) in October 2002. TERA conducted investigations between August and September 2002 along YWR to check the information collected by the Fourth Survey and Design Institute (FSDI) for the preparation of the Initial Draft of Resettlement Plan for the YWR. FSDI again conducted investigations in December 2002 according to the progress of the YWR feasibility study, and then integrated the major points of village rehabilitation plan and vulnerable people’s development plan made by the Resettlement Research Center of Hehai University into this report to improve and complete the RP. Afterwards, it was confirmed by Yichang City, Enshi Prefecture, and Wanzhou District and reviewed by the Foreign Capital and Technical Import Center (FCTIC) of the YWR, and then modified and edited by FSDI.
2. The RP follows the Asian Development Bank (ADB) format. After the summary in the next Section, Sections 3 through 14 cover specific topics in accordance with the ADB guidelines for preparing RPs.2 Annexes include supportive background and statistical data.
II. SUMMARY OF THE RESETTLEMENT PLAN
A. Introduction
3. This RP was prepared for land acquisition, house demolition, and resettlement of persons affected by the YWR Project. MOR is the Project Owner and Project Executing Agency. Some 1,087 hectares (has) of land will be acquired for the YWR right-of-way, yards, stations, and other associated facilities, or 2.77 ha per route kilometer. An additional 203 ha of land will be acquired for temporary use during construction. Around 39.4% of the permanently acquired land is agricultural land. About 449,169 square meters (m2) of buildings will be removed along the railway alignment for construction purposes, or 1,149 m2 per route km. Most of the demolished buildings are farmers’ houses and outbuildings. An estimated 7,423 persons will be affected by loss of land and 17,752 by loss of housing. Generally, many will be affected by both loss of land and loss of housing and when this double-counting is removed the total impact is estimated at 20,142 persons, or 52 persons per route km. While this is a large number, the affected persons (APs) constitute less than five tenths of 1% of the total population of 3.85 million in the eight county level units of local government along the alignment. The proposed alignment was selected to generally minimize resettlement effects. The alignment avoids urban areas, even in more urbanized counties.
1 ADB. 2002. Technical Assistance to the People’s Republic of China for the Yichang-Wanzhou Railway. Manila. 2 Handbook on Resettlement, A Guide to Good Practice. Manila.
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B. Socioeconomic Analysis
4. As part of the Project preparation, a socioeconomic analysis was carried out. Data was gathered from official statistical sources at the national, provincial, prefecture, and county levels. Meetings were held with local officials and other interested parties along the alignment. A survey of affected villages and households was begun by FSDI in late 2001 and organized by FCTIC of MOR in August 2002.
5. APs were also interviewed for their views and concerns several times between late 2001 and September 2002. Six of the eight counties are nationally designated poverty counties, where per capita rural income is below the average for the People’s Republic of China (PRC). Over 1.6 million people (42% of the population of these counties) are poor.3
6. While over 35% of the populations of the eight counties are members of minority nationalities, they are economically and socially integrated and not disadvantaged in comparison with the Han (majority) Chinese. Four of the on-line counties are part of the Enshi Tujia and Miao Nationalities Autonomous Prefecture. A fifth is Changyang Tujia Nationalities Autonomous County. Top officials in Nationalities Autonomous governments are always members of minority nationalities. These areas have been controlled by the Central Government of the PRC since 1735. The Tujia, Miao, and other minority peoples have intermarried with Han people for centuries. As one Tujia official said in English, ““There is no difference between us and Han people.”
7. Plots of land are small, averaging less than 0.08 ha per person. As in most of the PRC, the amount of farmland available is not sufficient to support a family. Most households have income from sources such as small business activities and wage labor, both local and migratory. Generally in the PRC, only 53% of the income of rural population is from agriculture.
8. The Project is strongly supported by the APs, other local people, and local officials. Local people, especially in the counties that do not now have railway transport service, see YWR as the key to both future economic development and greater mobility. FSDI, which was responsible for the initial stages of the process, has been engaged in extensive consultation with affected people and local, prefecture, and provincial officials. Local officials have carried out public awareness campaigns in many townships and villages along the alignment. FSDI design engineers discussed the details of the alignment and station location with local officials from every level (prefecture, county, township, village) and representatives of local farmers. In many places, local inputs altered the alignment of the line and location of stations. The FSDI design is both socially responsible and economically efficient.
3 At or below per capita net income of yuan (Y)1,300 or less for rural people and at or below per capita disposable income of Y3,300 or less for urban people.
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9. To recover the original living standards of villagers who are gravely impacted, ascertain the adverse impact of such project on vulnerable people and take some measures to ensure the essential improvement of the living of resettlers, three villages being impacted (Anlejing Village of Jianshi County, Fengxiangping Village of Enshi Prefecture and Zhamu Village of Lichuan City) around the three railway stations of Enshi Prefecture are sampled to implement the Village Rehabilitation Plans and Vulnerable Groups Development Plan. To fulfill such purpose ADB has appointed resettlement experts and sociologist from Hehai University, with the assistance of FSDI and Enshi Prefecture Government, to perform further investigation and interview at Anlejing Village, Fengxiangping Village and Zhamu Village. For more details, please refer to Chapter 9 and Chapter 10.
C. Resettlement Plan
10. The approach to acquisition and resettlement is based on the land administration laws of the PRC and is consistent with the ADB’s policy requirements. The primary objective of the RP is to restore the income and living standards of the APs within a short period of time after resettlement with as little disruption as possible to their economic and social environment. The RP will ensure that Project APs receive assistance so as to be at least as well off as they would have been in the absence of the Project.
11. The RP has set out criteria for the identification of APs, including those who might be affected due to the acquisition of resettlement land, and access and link roads. Based on the nature of losses, an entitlement matrix has been prepared for compensation to APs. This matrix includes compensation for the loss of buildings, costs of relocation, provisions for replacement land, employment in township enterprises, assistance for those desiring to begin or improve small business activities, compensation for crop loss and loss of income-producing trees, costs of relocation of graves and tombs, subsistence allowance due to loss of income or wages during the transition, and assistance during relocation.
12. Both short- and long-term strategies have been developed to provide access to land and employment so that APs can regain and improve their livelihoods in the post-resettlement period. These strategies will allow the APs to benefit from the Project by exploiting the commercial and economic opportunities induced by it. Should people experience particular hardship in restoring their livelihood, the monitoring teams will report their condition to the responsible local officials so as to take remedial measures. In addition, five avenues for redress of grievances are available to APs under the PRC law. Where necessary, the APs can be assisted through increased resettlement subsidy as specified in the Land Administration Law.
13. Construction of YWR will generate 156,445 person-years of direct local unskilled employment, of which 78,223 person-years is estimated to go to persons from poor households. An additional 45,961 person-years of indirect employment will be created for unskilled workers in local businesses supplying materials for construction.
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D. Cost Estimates
14. The cost of land acquisition and resettlement is estimated at Y336.6 million including contingencies based on the amount of land acquisition and house demolition estimated in feasibility study report. This consists of Y102.7 million for land acquisition; Y147.2 million for replacement of buildings, moving expenses, and income substitution; Y960,000 for temporary use of land; Y3.59 million for crop and tree compensation; Y81.48 million for road relocation, communication line relocation and power line relocation; and Y700,000 for external monitoring of resettlement targets. Physical contingency is estimated to be 5% of all those costs. The cost of land acquisition and resettlement estimated in this RP is included in Project cost estimates and will be financed by MOR; any additional costs will be the responsibility of the local government.
E. Organization, Implementation, And Monitoring
15. Under PRC law, resettlement is carried out by local governments. MOR pays compensation to the governments of the two provinces crossed by YWR. The provinces, in turn, compensate the relevant local governments, which deal directly with the individuals and village collectives affected. MOR has overall responsibility for executing the RP. The RP will be implemented according to the negotiated contracts between MOR and the two provinces (Hubei and Chongqing) crossed by YWR. FCTIC of MOR conducted a survey of affected villages and households and reviewed the RP. Based on the feedback, the RP was then modified and reviewed by FSDI.
16. The three prefectures and eight counties crossed by YWR have established railway construction support offices (RCSO) to facilitate land acquisition, building replacement and other resettlement activities. These offices will conclude contracts with county governments to coordinate and implement all necessary activities. The county railway support organizations are in charge of making plans for land acquisition, compensation, disbursement of compensation received, and implementation of resettlement. The county land administration bureaus are in-charge of land acquisition, surveying and recording of the amount of land involved, and categorizing land into quality levels. The county land administration bureaus work jointly with the RCSOs to set specific compensation levels and detailed resettlement plans within their counties. Periodic resettlers’ meetings will be held at the local level to discuss the RP, the implementation schedule, policies and standards of compensation, and to receive feedback from APs. Local units of the All China Women’s Federation (ACWF) will participate in this process to insure that the needs of women, particularly women-headed households, are understood and met at all stages of the process.
17. Local officials are experienced in resettlement and compensation. Most counties and both prefectures have just completed resettlement related to the upgrading and reconstruction
9 of National Highway 318 that parallel much of YWR. In addition to highway experience, officials of some counties have experience with resettlement for the Three Gorges Project and Gezhouba Dam. Wanzhou officials also have resettlement experience from the Da-Wan Railway project. Local officials know the Land Administration Law and are committed to realizing the principles established in it. Because of the planning and consultation done with APs, no significant problems are envisaged in the acquisition of land and resettlement of affected persons. The overall schedule for implementation will be designed so that (i) all affected households will be provided with means of livelihood before they are removed; (ii) households will be relocated before removal, except those households choosing to reuse materials from their demolished houses (who will be provided with transition subsidies); and (iii) relocation and the Project construction schedule will be synchronized to achieve these objectives.
18. MOR will engage FSDI to independently monitor and evaluate the implementation of the RP.
19. Table 2-1 presents a summary of the principal parameters of the RP for YWR.
Table 2-1: Summary of Land Acquisition and Building Demolition Item Unit Quantity Total length of YWR km 391.02 Total land acquisition mu 16,309 Land acquired for right-of-way mu 9,380 Land acquired for stations and yards mu 6,930 Cultivated land acquired mu 6,424 Land borrowed for temporary use mu 3,047 Total scale of demolition of buildings m2 449,169 Demolition for the right of way m2 239,596 Demolition for stations m2 209,573 Demolition scale per kilometer m2/km 1,149 Total number of affected people no. of person 20,142 People affected by acquisition no. of person 7,423 People affected by demolition no. of person 17,752 People affected by acquisition and demolition no. of person 5,033 People affected per kilometer person/km 51.5 Total budget for acquisition and demolition Y1,000 336,637 - Cost for permanent acquisition Y1,000 102,671 - Compensation for standing crops Y1,000 3,589 - Cost for temporarily borrowed land Y1,000 960 - Compensation for building demolition Y1,000 147,233 - Compensation for communication and power line relocation Y1,000 81,480 - Cost for external monitoring of resettlement targets Y1,000 704 Source: FSDI estimates based on survey and design data.
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III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
20. The amount of land to be acquired and the square meters of buildings to be relocated in this report are based upon the feasibility study by FSDI. The feasibility study is less precise than the preliminary design. Therefore, the amount of land to be acquired and the area of buildings to be relocated must be adjusted during the preliminary design. The staking survey by FSDI was completed in the middle of August 2003, and the preliminary design is expected to be completed by October 2003. Actual land acquisition and housing relocation will be based upon the construction design.
21. The total population affected by land acquisition and building relocation in the Project is estimated to be 20,142 people in 5,755 affected households. YWR affects three prefectures in two provinces/municipalities, three prefectures crossing 8 counties, 39 townships, and 204 villages. Farmland is only 39.4% of the total land acquired, with the remainder comprising noncultivated land. As it is to be constructed in a mountainous region, the railway has many bridges and tunnels and crosses forestland and wasteland. As a result, the impact on local agricultural production is relatively small compared to other railway construction projects. The buildings to be relocated include farm buildings, factory buildings, commercial buildings, schools, and other public buildings.
A. Scope And Necessity Of Land Acquisition
22. Construction of the railway line between Yichang and Wanzhou will affect the direct impact area of the alignment within three prefectures: Yichang Prefecture and Enshi Prefecture of Hubei Province, and Wanzhou (prefecture-level) District of Chongqing (province-level) City. Local rail passenger and freight service will be provided to intermediate cities, counties, and townships for the first time, increasing options and economic alternatives for existing transport, and providing opportunities for further economic and social development. Construction of YWR is essential for the full realization of the economic and social development strategies employed in these prefectures; especially, for the transition to market-based agriculture, micro-urbanization, and development of western PRC.
23. YWR starts at Yichang City of Hubei Province in the east and ends at Wanzhou District of Chongqing Municipality in the west, passing through 8 counties/districts with 39 towns/townships, of which 4 counties are in Enshi Prefecture. The names of the counties and townships are listed in Annex B. The railway traverses Hubei western mountain areas with a high percentage of bridges and tunnels (accounting for 61% of the total line). Therefore, the acquisition of agricultural land and housing removal are less compared with other railways.
24. According to FSDI’s feasibility study documents, the total length of the railway is 391.02 km, and it is estimated that the earthwork quantity will be 52.63 million cubic meters (m3). The total estimated investment would be Y18,912.5 million.
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25. Within the total railway length of 391.02 kilometer (km), due to mountainous area, there will be 214 bridges with total length of 66.596 km (17% of the total) and 134 tunnels with total length of 172.436 km (44%). Both the number and length of the proposed railway’s tunnels and bridges are more than other railways in the country, which minimize the land acquisition for the Project (average 41.7 mu/km of land acquisition).
26. The length of railway in each city/county is shown in Table 3-1.
Table 3-1: Railway Length by City/County City/County Length (km) Yichang City 45.590 Changyang County 62.700 Badong County 34.350 Jianshi County 51.436 Enshi City 62.790 Lichuan City 82.864 Wanzhou District 51.290 Total 391.020 Source: FSDI. Feasibility Study (2002).
27. The land to be acquired is divided into two categories: (i) farmland and other rural land, which is used and controlled by village and township collectives; and (ii) urban state-owned land. Most of the land to be used for the Project will be acquired from rural collectives (villages). There is almost no acquisition of land in urban areas and very little from state-owned enterprises.
28. The land to be acquired will be used for two purposes: the long, thin strip of land for the mainline right-of-way and the larger, somewhat rectangular-shaped tracts for railway stations (passenger, freight, intermediate, and passing), and other ancillary facilities. The right-of-way has relatively little impact on the land as it is assembled from small pieces along the alignment, 40–60 mu (2.7–4.0 has) per km. The station tracts are larger pieces of land ranging from 100 to 500 mu (7–35 has) concentrated in one place, with comparatively greater impact. Land will also be acquired by local governmental units in order to construct access roads to railway stations, and link roads to connect distant communities to the railway in those areas where such roads do not already exist.
29. The buildings to be demolished are categorized as rural farmhouses and other farm buildings, residential buildings for urban people, schools and other government buildings, industrial buildings belonging to enterprises, and commercial buildings. Farmhouses and buildings are the vast majority of the buildings affected.
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30. Housing demolition can also be divided into two categories: the concentrated and the scattered. There are scattered demolition along the rail line and concentrated demolition mainly at the station construction sites, most of which are located near, but not in urban areas.
31. In the early stage of YWR construction, the number of stations along the alignment will be 23 including expansion to the existing 2 stations at both ends of YWR. In the near future of 2010, another 8 stations will be built according to the plan to increase the total number of stations to 39 by the year 2015 (Feasibility Study 2002).
32. Table 3-2 lists the name of the YWR stations.
B. Alignment Design
33. The design of YWR by FSDI follows the engineering and design standards of MOR and reflects the current technology and operating practices of the railway. Review of 1:2000 scale preliminary engineering drawings of the alignment, which show the location of all existing buildings, roads and other improvements, indicates that FSDI has done an excellent job of minimizing relocation and other adverse impacts on the people along the alignment.
34. FSDI’s design reduces resettlement and alleviates negative influence on the APs as far as possible in line with the design standards. FSDI has listened to advice from the local governments and potentially affected residents and, based on technical feasibility, altered the alignment and adopted other measures so as to avoid and reduce adverse impacts of resettlement and removal.
35. For example, there are two ways for the line to cross the Yangtze River in Yichang: one is to build a bridge and the other is to build a tunnel. FSDI researched alternatives including three locations of bridges and six tunnel locations, and fully considered the influence on the residents along both banks during the comparative choice of technology, and recommended a tunnel location with less disturbance to the city, less environmental damage, and less resettlement than other tunnel location plans, while the recommended bridge location also has less resettlement, fewer environmental problems, and less disturbance to city than other bridge location plans. As construction of the bridge would result in far less environmental damage, the final design shows the river crossing by bridge at the location recommended so as to minimize resettlement.
36. In the feasibility study design phase, FSDI considered more than one alternative route alignment.
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Table 3-2: List of 39 YWR Stations (Feasibility Study) Start Operation Station Name Station Type Location 2008 2010 2015 Huayan Station Interline Station * * * Wujiagang District of Yichangdong Station Passenger Station * * * Yichang Prefecture Guandaochong Intermediate Station * * * Tangjiabao Intermediate Station * * * Dianjun District of Yanwan Intermediate Station * * Yichang Prefecture Shangzhongba Intermediate Station * * * Wangjialing Passing Station * * Hejiaping Intermediate Station * * * Toudaohe Passing Station * Changyang County Changwawu Intermediate Station * * * Hongwawu Passing Station * * Langping Intermediate Station * * * Yesanguan Intermediate Station * * * Badong County Zhijinghe Passing Station * * Gaoping Intermediate Station * * * Shiyazi Passing Station * Luoshuidong Intermediate Station * * * Jianshi County Heshuiping Intermediate Station * * Jianshi Intermediate Station * * *
Start Operation Station Name Station Type Location 2008 2010 2015 Baiyangping Intermediate Station * * * Luzhuba Intermediate Station * Longfengba Intermediate Station * * Enshi Intermediate Station * * * Enshi Prefecture Longlin’guan Passing Station * Baiguo Intermediate Station * * * Xiaoxigou Passing Station * Qingkou Intermediate Station * * Yuanbao Intermediate Station * * * Lichuan Intermediate Station * * * Liangwu Intermediate Station * * * Lichuan Prefecture Baiguoba Intermediate Station * Qiyueshan Intermediate Station * * * Guancangping Intermediate Station * * Luotian Intermediate Station * * * Guyu Passenger Station * Shuanghe Intermediate Station * * * Wuqiao District of Xintian Passing Station * Wanzhou Prefecture Tanshaoxi Intermediate Station * * * Wanzhou District Station * * * Total 23 31 39 Source: FSDI. Intermediate station refers to the station dealing with passenger transportation and freight. Note: The number and location of the planned stations are subject to change. This table is based on Feasibility Study (2002).
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C. Summary Of Key Effects
1. Land
37. Table 3-3 shows the total land to be acquired by prefecture and county, as well as the portion of that land which is currently used for agricultural purposes. Annex A provides a more detailed breakdown of this data.
38. The total amount of land to be acquired for YWR is 16,309 mu, of which 5,505 mu are in Yichang Prefecture (1,703 mu from Wujiagang District, 2,018 mu from Dianjun District, and 1,784 mu from Changyang County), accounting for 33.8% of the total land to be acquired; 9,547 mu in Enshi Prefecture (426 mu from Badong County, 2,436 mu from Jianshi County, 3,447 mu from Enshi City, and 3,238 mu from Lichuan City), accounting for 58.5% of the total, and 1,257 mu in Wanzhou District (all in Wuqiao District), accounting for 7.7% of the total.
39. Among all land acquired there are 6,424 mu cultivated land accounting for 39.4%; 1,628 mu orchard land accounting for 10.0%; 513 mu pond accounting for 3.1%, and 3,755 mu woodland accounting for 23.0%.
40. In Badong County of Enshi, the cultivated land to be acquired is over 80% of the total acquired land, and most of the remaining acquired land is forestland. In Wuqiao district of Wanzhou, the cultivated land to be acquired is over 50% of the total acquired land, and most of the remaining acquired land is orchard and forestland. In the other 6 counties/districts, the share of cultivated land to the total land to be acquired ranges from 27.6% to 46.9%.
Table 3-3: Total Land and Farm Land to be acquired by Prefecture and County Total Land Cultivated Land Prefecture/County % Cultivated (mu) (mu) Yichang Prefecture: 5,505.41 1,720.00 31.2 Wujiagang District 1,702.80 618.93 36.3 Dianjun District 2,018.40 557.78 27.6 Changyang County 1,784.21 543.30 30.5 Enshi Prefecture: 9,546.73 3,994.11 41.8 Badong County 426.16 343.66 80.6 Jianshi County 2,435.86 982.18 40.3 Enshi City 3,446.83 1,478.42 42.9 Lichuan City 3,237.88 1,189.85 36.7 Wanzhou Prefecture: 1,257.00 710.20 56.5 Wuqiao District 1,257.00 710.20 56.5 Total 16,309.14 6,424.31 39.4 Source: Annex A.
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2. Land to be Acquired for the Project
41. Table 3-4 shows total land and the proportion of that land used: (i) for the main line right-of-way, and (ii) for freight, passenger and passing stations, yards, maintenance facilities, employee housing, schools, and other auxiliary functions. Annex A presents more detailed statistics on land acquisition.
Table 3-4: Percentage of Land to be Acquired for Right-of-Way vs. Stations Land for % of Land Prefecture/ Total Land Land for % of Land for Stations for Acquired (mu) Right-of-Way (mu) Right-of-Way County (mu) Stations Yichang Prefecture: 5,505 3,213 58 2,292 42 Wujiagang District 1,703 544 32 1,159 68 Dianjun District 2,018 1,631 81 387 19 Changyang County 1,784 1,038 58 746 42 Enshi Prefecture: 9,547 5,813 61 3,734 39 Badong County 426 93 22 333 78 Jianshi County 2,436 1,749 72 687 28 Enshi City 3,447 1,555 45 1,892 55 Lichuan City 3,238 2,416 75 822 25 Wanzhou Prefecture: 1,257 353 28 904 72 Wuqiao District 1,257 353 28 904 72 Total 16,309 9,380 58 6,930 42 Source: Annex A.
42. The proportion of land used for stations is higher in counties where the route within the county is short (Badong), and where existing stations need expansion (Wujiagang).
43. As shown in Table 3-4 (see details in Annex A), the total land to be acquired for the stations along the YWR alignment is 6,930 mu and the land for each station on the average is 178 mu. Among the larger stations are one district station (Enshi, 1,117 mu) and four county-level intermediate stations, which are comparatively large in terms of scale. These are at Hejiaping (in Changyang County, 282 mu), Yeshanguan (in Badong County, 317 mu), Jianshi (in Jianshi County, 840 mu), and Lichuan (in Lichuan City, 374 mu). The expansion of existing endpoint stations will require an additional 1,159 mu at Huayan Station (in Wujiagang District) and 462 mu at Wanzhou Station (Wanzhou District). Together, these seven stations will take 4,551 mu, or 65.7% of the land taken for all stations and 27.9% of the total land taken for the railway.
44. Table 3-5 shows the distribution of buildings to be demolished for YWR. For more detailed statistics on planned demolition of buildings, see Annex A. Buildings to be demolished
16 total 449,169 m2. On average, the amount of building demolition is 1,149 m2 per km of route, including stations and associated facilities.
Table 3-5: Area of Buildings to be Demolished by Prefecture and County Prefecture/County Area (m2) % of Total Yichang Prefecture: 123,894 27.6 Wujiagang District 39,994 8.9 Dianjun District 60,296 13.4 Changyang County 23,605 5.3 Enshi Prefecture: 237,511 52.9 Badong County 1,990 0.4 Jianshi County 53,235 11.9 Enshi City 104,648 23.3 Lichuan City 77,638 17.3 Wanzhou Prefecture: 87,764 19.5 Wuqiao District 87,764 19.5 Total 449,169 100.0 Source: Annex A.
45. As described in Table C-5 of Annex A, demolition of buildings and relocation will take place at the sites of 39 stations. The 8 stations with comparatively large-scale demolition are Huayan Station (Wujiagang, 24,645 m2), Guandaochong Station (Dianjun, 10,747 m2), Jianshi Station (Jianshi, 12,095 m2), Baiyangping Station (Enshi, 10,885 m2), Enshi Station (Enshi 15,755 m2 ), Baiguo Station (Enshi, 11,300 m2), Lichuan Station (Lichuan, 12,570 m2), and Wanzhou Station (Wuqiao, 42,374 m2).
3. People Affected
46. Table 3-6 shows the number and percentage of people in on-line villages who are below the poverty line for this project4 by county. Poverty rates are significantly higher in on-line villages in the western counties not currently served by a railway line – Badong, Jianshi, Enshi, Lichuan and Wuqiao.
47. The data in Table 3-6 is from the survey of all 204 villages on the YWR alignment. It is data of the full population of these villages, not sample data. It is data for villages on the alignment, not for the entire counties. Except for Wujiagang, all of the villages (and village level governmental units) are rural, so the rural poverty line is used in all counties except Wujiagang. Wujiagang is mostly urban, but partly rural, so a blended poverty line (weighted average) of per capita net (or disposable) annual income of Y3,000 is used for Wujiagang.
4 For rural people, per capita net income of Y1,300 per year or less. For urban people, per capita disposable income of Y3,300 per year or less.
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Table 3-6: Persons in On-Line Villages with Per Capita Income Below Poverty Line, By County Percentage Population of Poverty Line On-Line Poverty Below Poverty County On-Line Villages (yuan) Population Line Wujiagang District 14,533 3,000 17.8 2,586 Dianjun District 26,550 1,300 13.3 3,524 Changyang County 13,070 1,300 16.1 2,104 Badong County 13,627 1,300 51.5 7,016 Jianshi County 41,605 1,300 32.7 13,621 Enshi City 33,459 1,300 72.9 24,406 Lichuan City 63,467 1,300 78.3 49,689 Wuqiao District 52,650 1,300 51.0 26,858 Total 258,962 50.1 129,803 Source: Resettlement Village Survey.
48. Based on the feasibility study report and the primary survey of FSDI, the estimated total population to be affected by land acquisition for the Project is 7,423 people, which was estimated using the average cultivated land per rural resident in each affected county. The estimated population affected by demolition of housing is 17,752 people. The population affected by loss of housing was based on the estimated number of households affected and average household size; the amount of demolished housing was based on average floorspace per household. Table 3-7 shows the distribution of estimated people affected by loss of land and loss of housing by prefecture and county.
49. Statistics of the affected population listed in Table 3-7 show that the people affected account for less than six tenths of 1% of the population in the eight affected counties along the alignment, which is about 3.85 million in total.
50. Generally, many people will be affected by loss of land and housing. Data for this is shown in the last column of Table 3-7. Poor people to be affected are estimated in proportion to their share of the total on-line village population, as shown in Table 3-6.
51. Land also needs to be borrowed for temporary use during the course of project construction. The actual amount of land to be borrowed cannot be known until the construction starts. As detailed in Annex A, design engineers calculate that 3,047 mu (203 ha) of land will be borrowed for temporary use for a period of from 3–4 four years. Of this, most is for use in the construction of tunnels. Most is waste (unused) land. When the use is over, the project construction units will restore the cultivated land to its original condition and return it to the farmers or other landholders.
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Table 3-7: Population to be Affected by Land Acquisition and Housing Demolition Affected by Prefecture/ Total Population Affected by Affected by Both Land Land Area to be Affected Relocation Acquisition and Relocation County Acquisition Yichang City 6,747 3,390 5,043 1,686 Wujiagang District 3,113 2,292 1,599 778 Dianjun District 2,581 605 2,621 645 Changyang County 1,053 493 823 263 Enshi Prefecture 10,421 3,180 9,845 2,604 Badong County 275 264 79 68 Jianshi County 2,246 802 2,005 561 Enshi City 4,196 1,181 4,064 1,049 Lichuan City 3,704 933 3,697 926 Wanzhou District 2,974 853 2,864 743 Wuqiao District 2,974 853 2,864 743 Total 20,142 7,423 17,752 5,033 Source: FSDI, based on feasibility study data.
4. Land Acquisition and Building Demolition of 7 Most Affected Stations
52. In General, the impact of land acquisition for stations is larger compared to that for the alignment, and the resettlement for stations is also more difficult than that for the alignment. The international Consultants under ADB’s project preparatory technical assistance conducted a more detailed analysis of the effects of resettlement for 7 most affected stations along the alignment. After the completion of the feasibility study, the station site of Jianshi Station was changed. Tables 3-8, 3-9, and 3-10 show the impact of land acquisition and house demolition in the 7 most affected stations. In January 2003, additional surveys were conducted for Jianshi Station (Anlejing Village), Enshi Station (Fengxiangping Village) and Lichuan Station (Zhamu Village) by Hehai University to prepare village rehabilitation plans. Further details of relocation and rehabilitation plans for each station are included in Section 7 and Section 9.
Table 3-8: Area of Land Acquisition and Demolition in 7 Most Affected Stations Estimated Land Estimated Station Village Prefecture/County Acquisition (mu) Demolition (m2) Gonghe Wujiagang Huayan 1,159 24,645 Gongqiang Badong Yesanguan Guxianping 317 1,990 Jianshi Jianshi Anlejing and Xiaoyamen 840 12,095 Fengxiangping and Enshi Enshi 1,117 15,755 Xiaolongtan Lichuan Yuanbao Mazhen 191 1,042 Lichuan Lichuan Zhamu and Wangjiawan 374 12,570 Wanzhou Wanzhou Daqiao 462 42,374 Source: FSDI.
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Table 3-9: Impact of Land Acquisition in 7 Most Affected Stations Cultivated Cultivated Land per Cultivated Land Total Population Land Person before Land post land Village Cultivated (number) Acquisition Acquisition acquisition Land (mu) (mu) (mu/person) (mu/person) Gonghe 2,556 795 453 0.31 0.13 Gongqiang Guxiangping 1,225 2,592 311 2.12 1.86 Anlejing 3,318 3,181 346 0.96 0.85 Fengxiangping 3,827 2,300 314 0.60 0.52 Maozhen 1,659 1,370 120 0.83 0.75 Zhamu 1,874 1,690 63 0.90 0.87 Daqiao 859 406 377 0.47 0.03 Source: FSDI. Note: Amongst the 8 villages listed in Table 3-9, basic data on total population and cultivated land of Anlejing, Fengxiangping, and Zhamu Villages are the latest data from investigation performed by the Resettlement Research Center of Hehai University in 2003.
Table 3-10: Impact of Demolition by 7 Most Affected Stations Affected Households Affected Persons Building Demolition Village (number) (number) (m2) Gonghe 516 1,694 24,645 Gongqiang Guxianping 22 79 1,990 Anlejing 39 136 9,447 Fengxiangping 61 268 14,800 Mazhen 13 49 1,042 Zhamu 22 79 4,880 Daqiao 214 859 42,374 Source: FSDI.
D. Primary Responsibilities For Land Acquisition And Resettlement
53. MOR negotiated the agreements with the province/municipality involved, Hubei and Chongqing (see App. E). These agreements will allocate responsibility for the full costs of acquiring land and compensating those who lose property or livelihood as a result of the construction of YWR. The details of the alignment and compensation result from negotiations between MOR and provincial officials, who act with prefecture, county, and township level officials.
54. MOR, as the project owner, will provide funds for land acquisition, demolition and population resettlement as specified in its agreements with the province/municipality. These funds are included in the Project’s cost and considered in the economic evaluation of the
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Project. The local prefecture and county governments will contract tasks for resettlement implementation. The RCSOs and land administration bureaus of local governments will jointly accomplish the land acquisition, housing demolition, and resettlement tasks.
55. Local officials at the county and township levels are responsible for carrying out resettlement and for paying compensation to the owners (or those with an effective right to use) of the property taken and to those whose incomes are affected. Payments made by MOR flow to the province, then to the prefecture, then to the county, and then to the township, which disburses the funds. The central question of who gets compensated for what is discussed in Section 4.3 under the heading “Property Ownership and Structure of Payments”.
E. Station Access Roads
56. In the initial stages of YWR, 21 stations5 will need to construct about 17 km of station access roads. An estimated 176 mu of land needs to be acquired for these station access roads. Housing demolition will be minimal. The local government is responsible for the construction of these roads, including the cost of land acquisition and resettlement. The local government pledged that the same principles and standards as those for the YWR will be applied to the affected people under the construction of the station access roads.
5 Huayan and Wanzhou existing stations already have access roads.
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IV. SOCIOECONOMIC INFORMATION
A. Affected People
57. The counties on the YWR alignment are overwhelmingly rural. Table 4-1 shows the rural population, the percentage of the population which is rural, and the estimated land APs as a percent of the rural population who reside in their county. Aggregate figures in this table for prefectures include only the counties on the YWR alignment.
Table 4-1: Population: Total, Rural, and Land Affected Persons Rural Land % Rural Total Population County/District Population % Rural Affected Population (‘000) (‘000) Persons Losing Land Wujiagang 142 17 12 2,292 13.48% Dianjun 104 88 85 605 0.69% Changyang 413 357 86 493 0.14% Subtotal Yichang 659 462 70 3,390 0.73% Badong 484 431 89 264 0.06% Jianshi 509 460 90 802 0.17% Enshi 766 635 83 1,181 0.19% Lichuan 823 743 90 933 0.13% Subtotal Enshi 2,582 2,269 88 3,180 0.14% Wuqiao 607 547 90 853 0.16% Subtotal Wanzhou 607 547 90 853 0.16% Total On line Counties 3,848 3,278 85 7,423 0.23% Source 5: County Government, Hubei Statistical Yearbook, Chongqing Statistical Yearbook, and Prefecture Statistical Yearbooks.
58. There is significant overlap between those losing land and those losing housing. Taken together, the total number of APs is estimated to be 20,142. While this is a large number, they are a small proportion of the 3.28 million rural population of the counties where YWR will be constructed—only five tenths of 1% of the total population of 3.85 million.
59. Table 4-2 shows the proportionate loss of land, cultivated land (including fish ponds), and buildings expressed as a percentage of the total loss for YWR construction. Changyang, for example, has 11 % of the YWR route in kilometers, loses 16 % of the total land taken by YWR, 8 % of cultivated land taken by YWR, but only 5 % of the buildings (in m2) taken by YWR. Dianjun (without tunnels) loses more than its share of land. Generally, the losses are proportional to the length of the route in the county (or county-level unit of government).
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Table 4-2: Proportionate Loss of Land and Buildings by County County/ % Total Land % Route % Total Cult. Land Lost % Loss of Buildings District Lost Wujiangang 2 10 10 9 Dianjun 10 12 9 13 Changyang 16 11 8 5 Badong 9 3 5 0 Jianshi 13 15 15 12 Enshi 16 21 23 23 Lichuan 21 20 19 17 Wuqiao 13 8 11 20 Total 100 100 100 100 Source: FSDI.
60. Generally, the YWR has a greater impact on those counties where the alignment goes through relatively flat, agricultural land, such as the high basin in Lichuan. These areas are more densely populated, resulting in more demolition of buildings. Mountain land is less populated, especially where the slopes are very steep and forested.
B. Socioeconomic Survey Of Affected Villages And Households
1. Organization and Implementation
61. A socioeconomic survey of the APs by resettlement during construction of YWR was conducted in late 2001 by FSDI and completed in August 2002 by the international Consultants. The Foreign Capital and Technology Import Center of the MOR organized and led the survey project.
62. Questionnaires used were formulated by FSDI and the consultants.
63. The planning committees of the eight counties in the three prefectures (cities) were in charge of providing data and filling the questionnaire forms.
64. The townships, villages, and households surveyed were very cooperative and supportive in the process of survey implementation.
65. The Consultants completed the data analysis and integrated the results into the final RP. The total household sample was 774 households in 32 townships and 88 villages in the eight counties of the three prefectures crossed by the alignment of YWR. In addition, the village survey form was completed in August 2002 in all 204 villages located on the alignment.
66. The household sample was selected using the following procedures: First, a list of all the counties (including county-level cities and districts) and townships on the alignment was made. Second, the sample size needed for each county according to the percentage of the alignment in that county was determined. Finally, villages and households were selected randomly in each
23 affected township. Where consistent with the sampling procedure, households surveyed by FSDI in December 2001 and January 2002 was used. The final sample contains 525 households that were surveyed as part of the FSDI survey and 249 households that were surveyed in August 2002. All of the villages surveyed are directly on the YWR alignment.
67. As evident from the above, while the village survey is inclusive of all on-alignment villages, the household survey is not a 100% census of all APs. Under the Land Administration Law of the PRC, a census is a detailed inventory of all assets taken from the AP and establishes the compensation standard which will be used to compensate the APs. Laws and rules concerning land administration stipulated by Hubei Province and Chongqing City have specifications on such infestation. A census is required after the project is approved and “setting out” (redlining the property demarcation line) is completed. State Development and Reform Commission approval of the Project Design Task Report is expected together with completion of the preliminary design by FSDI in October 2003 and redlining scheduled to be completed by the end of October 2003. Implementation of the land acquisition and resettlement measurement surveys will commence in November 2003.
2. Village-level Survey
68. The 204 surveyed villages on the alignment of YWR have a population of 259,520 people in 74,188 households, an average of 3.5 people per household. Forty-nine percent are female and 51 % male. Forty-eight percent of the people are in the labor force. Some 4,284 adults of working age are identified as illiterate, or 3.4 % of that population.
69. There are 101,491 members of ethnic minority groups living in 158 of the 204 villages constituting 39 % of the total population of the on-alignment villages. Some 84,652 of these are Tujia people who live in 156 villages, largely in Changyang County and the four on-line counties in Enshi Prefecture. Both Changyang County and Enshi Prefecture are Minority Autonomous governments.
70. Tujia has 83 % of the minority population of the on alignment villages and 33 % of the total population. There are also 13,674 Miao people living in 79 villages (5.3 % of the total population) and 2,183 members of other minority groups living in 33 villages (0.8 % of the total population). There are 32 villages where Tujia, Miao and members of other minorities live, and 79 villages where Tujia and Miao both live. In 96 villages, minority nationalities make up more than 50 % of the population. Twenty-six villages are 100 % minority, 18 of which are 100 % Tujia. No village is more than 39 % Miao. In only one village is the percentage of people in all other minority nationalities greater than 10 %.
71. Han people have lived in this area for hundreds of years and intermarried with Tujia, Miao and members of other minority nationalities. Today, the Tujia, Miao, and members of other minority nationalities are basically integrated socially and economically.
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72. Figure 4-1 is a plot of the relationship between the proportion of the population that is minority in a village and the per capita net income of that village.
73. If minorities were economically disadvantaged in a significant way, village per capita income would decline as the percentage of minorities increased. Figure 4-1 shows there is little, if any, relationship between per capita net income in a village and the percentage of that village’s population that is minority.
74. Village-specific information on cultivated land is presented in Annex B and Table B-2. For each village in average, there is 3.69 mu of cultivated land per household (or 1.06 mu of cultivated land per capita), and 36 % of village land is cultivated.
75. One hundred thirty-seven villages (67% of the 204 villages) are officially designated poverty villages. Some 23.6% of households (17,511 of 74,188) are officially designated poverty households. The population of poverty households is 60,833, or 23.4% of the total population of the villages. The average poverty household is thus about the same size as the average nonpoverty household. The distribution of net rural income between poverty villages and nonpoverty villages is shown in Table 4-3.
Table 4-3: Income Distribution in On-Alignment Villages (% of Households) Per Capita Net Income Level Poverty Villages Non Poverty Villages All Villages Y400 and Less 5.1 1.7 4.0 Y401 – 700 19.2 4.6 14.7 Y701 – 1,300 37.8 17.2 31.4 Y1,301 – 2,000 22.6 19.4 21.6 Y2,001 – 3,000 11.8 28.7 17.0 Greater than 3000 3.5 28.5 11.3 Number of Villages 131 54 185 Source: Village Survey.
76. A total of 153 villages reported the amount of land they expect to lose for YWR construction. Some villages report precise numbers while others report estimates. These villages expect to lose 27,682 mu of land, or 4.7 % of their total landholdings. The average village expects to lose 181 mu, while 50 % of villages expect to lose 85 mu or less. About 17% of households in these villages are expected to lose some land.
77. One hundred thirty-eight villages expect to lose 585,151 m2 of buildings for an average of 4,240 m2 per village. About 50% of these villages expect to lose 2,700 m2 or less. Ninety-one villages report having resettlement plans. Seventy-four of these villages have discussed resettlement plans with villagers. Of the 182 villages responding, 120 plan to redistribute land within the village to those households losing land to YWR.
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Figure 4-1
6,000
5,000
4,000
3,000
2,000 Village Income Per Capita (Yuan)
1,000
0 0 20406080100 Percent Minority Population (%)
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78. Table 4-4 indicates the villages' perception of the problems facing them in resettlement.
Table 4-4: Resettlement Problems Anticipated by Survey Villages (%) Biggest Problem Poverty Villages Other Villages All Villages Lack of Land 19 37 25 Lack of Money 84 67 78 Lack of Jobs 17 39 24 Number of Villages 114 57 171 Source: Resettlement Village Survey.
79. The greatest potential problem seen by all villages, poverty or not, is that not enough money will be available for the resettlement households.
3. Household Survey
80. Table 4-5 presents several key socioeconomic indicators for the 774 households surveyed.
Table 4-5: Socioeconomic Characteristics of Sample Household Mean (Average) Median (Mid-Point) Household allotment of cultivated land (mu) 4.31 3.80
House size (square meters) 166 150
Household gross income (yuan per year) 10,463 8,000 Source: Resettlement Household Survey.
81. Indicators of living standards are shown in Table 4-6. Poverty households are those households officially so designated by local government. In the case of every major consumer good on the list, poverty households are significantly behind non-poverty households.
Table 4-6: Common Consumer Goods Per 100 Rural Households Number per 100 Households
Poverty HH Non Poverty HH Motor Vehicle 0.4 3.3 Tractor 1.8 5.3 Farm Machinery 3.6 8.9 Color TV 12.1 44.3 B&W TV 49.3 50.3 Refrigerator 2.7 16.5 Washing Machine 4.9 27.2 Telephone 5.4 24.5 Motorcycle 6.7 19.4 Bicycle 18.8 24.5 Sewing Machine 6.7 19.4 Number of Households 223 551 Source: Resettlement Household Survey.
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82. Education levels of adult members of the household are shown in Table 4-7. Most (86%) adults are with primary or secondary school education.
Table 4-7: Education Level of Adults % of Adults Illiterate 8.3 Primary 32.0 Middle School 53.8 Above Middle School 5.8 Source: Resettlement Household Survey; n=1,284 adults.
83. Data on household income, costs, and consumption are presented in Table 4-8. Each category is then shown as a percentage of total income. The percentage of households reporting in each subcategory is also reported. For example, over 90 % of households in the sample had agricultural and forest crops income, while nearly 80 % of households had income from animal husbandry and fisheries.
Table 4-8: Average Household Income, Costs, and Consumption % of Survey Average per % of Total Income Households with Household (yuan) Income Source Income by Source Agricultural & Forest Crops 3,550 34.7 93.0 Animal Husbandry & Fisheries 1,576 15.4 77.4 Other Household Business 2,899 28.3 65.7 Other Income 2,203 21.5 49.9 Total Income 10,228 100.0 Cost of Producing Income Agricultural & Forest Crops 1,048 10.2 85.8 Animal Husbandry & Fisheries 615 6.0 70.5 Other Household Business 576 5.6 39.1 Other Costs 577 5.6 44.4 Taxes 352 3.4 90.9 Total Costs 3,168 31.0 Net Income 7,060 69.0 Consumption Food 1,812 17.7 86.7 Clothing 680 6.6 87.0 Fuel and Water 454 4.4 90.9 Medical 1,158 11.3 79.4 Transport 409 4.0 52.1 Education 1,054 10.3 41.2 Other 1,047 10.2 22.4 Total Consumption 6,614 64.7 Balance 446 4.3 Source: Resettlement Household Survey.
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4. Categories of Households Who Might Be Vulnerable
84. All households who lose land or their house to YWR construction are vulnerable. If resettlement does not work well for them, their economic well-being is at substantial risk. Survey data was reviewed to determine if particular categories of households—those with disabled members, headed by women, minority nationalities, or the poor—are vulnerable because of these conditions.
85. The fundamental state of vulnerable groups is shown in Section 10.
5. Attitudes Toward the YWR Project
86. Households were asked about their attitudes toward the YWR Project. Table 4-9 presents the results for all households and for poor households. Both groups are overwhelmingly favorable. There is no significant difference in attitudes toward the Project.
Table 4-9: Attitudes Toward the YWR Project Attitude Toward YWR % of All Households % of Poor Households In Favor of YWR Project 97 100 Indifferent to YWR 3 0 Against the YWR Project 0 0 Total 100 100 Source: Resettlement Household Survey.
87. As the detailed measurement conducted by constructors, land administration authority and farmers with land being acquired for land acquisition purposes has not yet begun, local officials have not completed their resettlement projection. The exact location of the railway alignment, stations and buildings, and land to be lost are not known. Local people are aware of the railway and know that they may lose land or houses, but, at this point, there is little purpose in detailing their projection. As the precise alignment is not yet known, the households in the Resettlement Household Survey sample may or may not actually be APs when YWR is constructed. It is at this point certain that the railway will come through their villages. It is not certain which families will be affected and how much they will be affected.
88. Households were asked to identify the largest potential problems they saw with resettlement. These are presented in Table 4-10. As some households gave more than one response, the columns total more than 100 %.
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Table 4-10: Largest Problems Perceived by Potential Resettlers % of Households Lack of Land 48 Lack of Money 82 Resettlement Location Not Good 5 Lack of Jobs 6 Resettlement Policy Unfair 0 Average Responses per Household 1.41 Source: Resettlement Household Survey.
89. Most households see lack of money as their largest potential problem, with lack of land cited by nearly half. Lack of jobs is not the major concern for most potential resettlers.
90. Sample households were also asked about the resettlement method they preferred to be applied to their situation. Over 80% of those who responded expect to lose less than half of their land. About 39% of respondents expect to continue farming, 46% to do small business, 17% to do manual labor, 6% to work in township enterprises, and 6% to migrate to a large city.6 Of those who expect to lose their house, 72% expect that their new house will be better than their current house, 25 expect that it will be same as the current house, and 3% expect that the new house will be worse than their current house.
91. While virtually all households in the sample have allotments of cultivated land and 93% report agricultural income, less than 40% of respondents want to continue farming. More than that want to do small business.
C. Property Ownership And Compensation Structure
92. Property to be taken by construction of YWR is of four general ownership types:
(i) Property belonging to or controlled by individuals, (ii) Property belonging to or controlled by the family (household), (iii) Property controlled in common through the village or collective group, and (iv) Property controlled by the local government or state-owned enterprise.
93. Compensation for loss of property depends upon the structure of ownership and control of property. There are 10 main categories.
1. Village Collectives Affected by Land Acquisition
94. According to the Implementation Regulations of Land Administration Law of the PRC, when land is acquired for the purpose of State construction (such as YWR), the land
6 The total is more than 100% as some households gave more than one answer.
30 compensation should be made to the collectives for use in developing production facilities, or for expenditures on the villagers’ daily life, but households get replacement land or equivalent.
2. Individual Farmer Households Affected by Land Acquisition
95. For households that lose land, part of the remaining cultivated land will be reallocated to each household by villages and collectives based on the number of people and farmers in the household. Compensation for standing crops (including orchards and other “attachments to the land” which belong to the household) goes to the affected households. Compensation for temporary land use will be paid directly to the affected households. After the expiration of the temporary land use, the land will be returned to the affected households.
3. Rural Households Affected by Housing Demolition
96. Houses demolished belongs to the individual households, and, therefore, compensation goes directly to the affected family. The families get new housing sites from the village without charge, where they can build their new homes. Compensation for moving expenses is also provided.
4. Urban Residents Affected by Housing Demolition
97. For houses demolished which belongs to individual families, the family receives housing resettlement payments from the department in charge of urban housing demolition. The amount is adequate to provide for an equal amount of housing of equal quality. Compensation for moving expenses is also provided.
5. Affected Commercial Buildings
98. Buildings used for commercial purposes belong to individuals or to the collectives. Resettlement compensation to these people not only considers payment for the building itself, but also the loss expected to be incurred during the transition period and the time of construction of replacement buildings. Compensation for moving expenses is also provided.
6. Affected Factories and Enterprises
99. Factories and enterprises are owned by the State, the collectives or individuals. Compensation is made to the legal representatives of the affected enterprises and they make their own decisions on reconstruction of their facilities. As with commercial businesses, resettlement not only considers compensation for the building and non-movable fixed assets itself, but also the losses sustained during the transition period and the time of construction of their replacement buildings. Compensation for moving expenses is also provided.
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7. Affected Institutions and Units
100. Affected institutions and units (such as township offices) are buildings which belong to the relevant governmental departments. The appropriate government agency will rebuild them, with compensation paid by MOR based on the replacement value of lost assets.
8. Affected Schools
101. Schools, such as primary schools and secondary schools, are public service enterprises. They are to be rebuilt by the local governments after receipt of compensation.
9. Affected Infrastructure
102. Power supply and telecommunication facilities belong to the State. Affected roads are either owned by the State, the township or collectives. Most of these are restored by the project contractor. Some are rebuilt by the owners after receipt of compensation.
10. Land Borrowed for Temporary Use
103. Only the original standing crops and loss of land output during the time period of land use are compensated. When the time of use is over, MOR is required to restore the land to its original condition for cultivation.
104. Compensations in cash for above ground attachments to the land, such as trees, fruit trees, and standing crops, are all paid to the affected individuals or households.
D. Likely Impact of Land Acquisition on Affected Persons
1. Institutional Capability
105. The PRC has extensive experience in resettlement resulting from railway and highway construction. Many of the local government units along the alignment have recently completed major resettlement projects. Officials know the applicable PRC laws. Officials in the three prefectures have recently completed resettlement programs for the reconstruction of National Highway 318. In addition to highway experience, officials in the three prefectures have experience with resettlement for the Three Gorges Dam and power project. Wanzhou (prefecture level) District officials also have resettlement experience from the ADB-funded DaWan Railway.
106. Field observations between Yichang and Wanzhou during September 2002 (as well as between Xi’an and Nanyang and Baoji and Longxian in 1999 and Ganzhou and Longyan in 2000); and discussions with local officials and with professors from the Research Institute of Foreign Capital Utilization of Southwest Jiaotong University (who have undertaken a number of
32 assignments monitoring and evaluating resettlement programs in the PRC) all indicate that there are few, if any, problems in replacing housing and other buildings taken for railway or highway projects. The goal of insuring that people are at least as well-off after the project than they were before is almost always met in terms of housing and buildings. Similarly, there are few, if any, problems in compensation for standing crops, fruit trees, and other “attachments to the land” that belong to individuals and families or to enterprises and private businesses. These payments are regarded as appropriate and fair.
2. Areas of Potential Problems
107. Compensation for lost land is made to the village (or collective group), not to the household that actually loses the use of the land. Villages are supposed to use the compensation to improve the remaining land for the benefit of all residents of the village, or to compensate households who lose land.
108. In theory, land within the village is supposed to be reallocated so that each household has its fair proportion of the remaining land. However, since the 1998 revision of Implementation Regulations of Land Administration Law of the PRC, households now have long-term rights to the land they farm. This means that a household must give its permission before the village can include its land in any reallocation.
109. Villages have retained a small portion of their farmland (approximately 5%) for potential reallocation. Where households lose relatively small portions of their land, reallocation should be an effective solution in many cases.
110. Where one or more households lose most or all of their lands, reallocation effectively means that either other households must give up some of their land, or households must be provided with non-agricultural substitute sources of income. Some villages are provided with spare land for farmers with land loss, and the village authority is entitled to redistribute the land.
111. The socioeconomic survey conducted by MOR in December 2001 and January 2002 and completed by the Consultants in August 2002 provides a set of baseline information for a sample of 774 households. Completion of the preliminary design by October 2003 will provide the additional data for a more detailed analysis of APs and impacts. Railway surveyors and designers expect that only a small portion of the total number of households will lose all their land.
112. When households lose their land and must cease farming, major social, economic and cultural changes often result. More than half of those in the household survey who expect to lose some or all of their land, however, prefer to be resettled in agricultural occupations.
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113. Many farmers are already under-employed. The amount of land available to them is not sufficient to provide them with full-time work, and is not sufficient to provide their families with an adequate income. Many farm families already engage in small business. Many members of farm families work as laborers locally and elsewhere in the PRC, sending money back to those remaining at home. As a result, the transition out of farming may not be as painful or extreme as it is in settings where farming is the major source of family income.
114. Additionally, in October 1999 the PRC adopted a goal of reducing the rural proportion of the population from 73% to 50%. Reduction of the agricultural population will serve to increase rural income by raising the amount of cultivated land per capita for the remaining rural population. Additionally, since urban people produce more GDP per capita, increasing urbanization will promote GDP growth. A micro-urbanization strategy is being pursued in the eight YWR counties as they focus upon increasing the development of existing, small, local urban centers. Relocation of displaced farmers into locally created urban jobs is envisioned. Four approaches are considered in the on-line counties: (1) natural resource development; (2) resource-based industrial development (including processing of agricultural products); (3) attracting export oriented light industry; and (4) development of small businesses to serve the needs of urban people. Areas of existing and potential resource and industrial development are constrained by lack of rail transport in the seven counties without current rail freight service. Tens of thousands of new jobs can be potentially created with adequate transport.
E. Losses For People Affected By Land Acquisition
115. Land is the basic material asset on which local farmers depend for existence. The problem of lack of land resources, especially lack of irrigated land, commonly exists in the area along the proposed railway line. Although an effort to minimize the adverse impact on cultivated land and housing has been made during the design phase, land acquisition is inevitable in a project such as this.
116. The overwhelming majority of those people affected by land acquisition are farmers. For those farmers whose land will be acquired, the most direct impact is that they will lose all or part of their land. Remedies for this are numerous:
(i) Land can be reallocated within the village; (ii) Additional land can be found within the township or county; (iii) Farmers can be resettled in another place where there is comparatively more land; (iv) Local government will provide other employment opportunities in government-owned enterprises; (v) All else failing, there are fees payable for resettlement which are used to enable households to begin their own businesses.
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F. Impact On The Poor, Indigenous People, Ethnic Minorities, And Other Vulnerable Groups
117. Impact of YWR on the poor, indigenous people, ethnic minorities, and other vulnerable groups is shown in Section 10.
G. The Da-Wan Railway (Dazhou-Wanzhou, formerly Daxian-Wanxian Railway) Experience
118. The Daxian-Wanxian Railway is an ADB supported railway construction project that continues west from the end of the YWR to connect with a railway between Xi’an to the north and Chongqing and Chengdu. Construction of this railway began in 1997 and was complete, but was only opened for testing when the consulting team visited Wanzhou in September 2002. Questions on resettlement outcomes and the effect of employment of local unskilled labor have arisen in response to resettlement monitoring reports7 and visits by ADB staff to the Da-Wan alignment.
119. Several interviews were conducted with households in Wanzhou (prefecture-level) District that were affected by construction of the Da-Wan Railway and resettlement data was gathered in one village. Generally, the APs say that the lives of their families are better today than they were before the beginning of Da-Wan construction because of their employment. Pay ranged between Y15 and Y25 per day and the interviewed laborers worked between 600 and 900 days. Money from employment was used by their families and their neighbors to improve the family diet, improve and expand the family house, buy clothing and consumer goods, pay debts, increase savings, pay school fees, and invest in small businesses, livestock, planting cash crops, and improving transportation. One respondent said that the living standards of most people improved significantly during the Da-Wan construction period and that “now, it’s even better.”
120. Many families had trouble paying school fees before the beginning of construction. Some families borrowed money to pay the fees and others simply did not send their children to school. During construction, families used money from wages to pay school fees. Today, these respondents report, families have more money because they also used the Da-Wan wages to start and expand small businesses, increase the number of pigs they raised, and shift agricultural production to cash crops. As a result, paying school fees is no longer the problem it was before Da-Wan construction. One respondent said that more children go to school today than in the past.
7 Done by the Consultant Group on Land Acquisition and Resettlement of the School of Economics & Management of Southwest Jiaotong University.
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121. When asked for suggestions about improving assistance to poor families as part of railway construction projects, respondents said: hire local laborers; be sure that sand, stone, and other construction materials are provided locally; it is better for local government to organize the employment of unskilled laborers; and, generally, consider more benefits for poverty people.
122. On resettlement, one village8 reported that net per capita rural income went from Y1,000 per year before the beginning of Da-Wan construction to Y1,760 in 2001. Some households lost about one fourth of their land, but increased their income through changing crops, small business, or employment. Forty-seven of 484 houses in the village were demolished for the railway. The old houses had on average 56 m2 of space per person. The replacement houses have 65 m2 of space per person.
123. This data on the Da-Wan experience is fragmentary and based upon a small set of observations. It is not a sample and caution should be used in generalizing from it. The impression from this data, however, is that resettlement went reasonably well, and that many poor families benefited very significantly from employment during the Da-Wan construction.
8 Xingan village, Sanzheng township, Wanzhou.
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V. OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS
A. Purpose And Objectives Of Land Acquisition And Resettlement
124. Land acquisition and resettlement are necessary components of the construction of YWR. The purpose of the construction of YWR is to help reduce poverty in the counties, prefectures, and provinces on the line. These on-line counties have large numbers of poor people. Provision of more cost-effective transport as a result of the Project will contribute to economic growth and development in counties, prefectures, and provinces, providing more and better jobs for the people of these places. In addition, construction of YWR will provide greater mobility for the people, increasing their ability to participate in the economic growth and increasing the prosperity of the PRC’s major urban centers.
125. The compensation and resettlement plan should protect the rights of the APs, and make sure that their benefits will not be harmed, and that their income and living standards will not be lower than the level prior to resettlement.
B. Applicable Land Policies, Laws, And Guidelines
1. The Legal Framework
126. Land acquisition, housing demolition, and population resettlement of the proposed Project should be carried out in strict compliance with the following laws, policies, and regulations:
(i) Land Administration Law of PRC, August 1998 (ii) Implementation Methods for the Land Administration Law of PRC, December 1998 (iii) Management Regulations for Urban Housing Demolition & Relocation of State Council, June 2001 (iv) Urban Land and Housing Property Administration Law of PRC, April 1994 (v) Basic Farmland Protection Regulations, December 1998 (vi) The State Council Circular on Further Enhancing Land Administration and on Effective Protection of Cultivated Land, 1997 (vii) Hubei Provincial Implementation Method for Land Administration Law of PRC, 1999 (viii) Chongqing Provincial Implementation Method for Land Administration Law of PRC, 1999 (ix) ADB Policy on Involuntary Resettlement, 1995 (x) ADB Policy on Indigenous Peoples, 1998
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127. These provisions will ensure that land acquisition, demolition, and resettlement will achieve the objective of involuntary resettlement policy required by the PRC legal system and ADB. While there are probable differences between the PRC’s regulations and ADB’s requirements in specific instances and operational methods, the objective of protecting the APs rights is consistent. The rest of this Section specifies the entitlements and compensation standards to be applied for implementation of the YWR Project, including associated stations and link roads.
2. Relevant Provisions of Laws and Regulations and Articles of Land Administration Law the PRC
128. According to the regulations of Land Administration Law of the PRC, it is basic national policy to (i) strengthen land administration; (ii) adhere to the public ownership of land; (iii) protect and explore land resources; (iv) make reasonable use of land; and (v) preserve cultivated land effectively. To treasure and make good use of land and to preserve cultivated land is a basic national policy. The State implements the land occupation and compensation policy in light of the “equal occupation and equal reclamation” policy. That is, cultivated land with the same amount and quality should be reclaimed by the units which occupied the cultivated land acquired for a State project. If such reclamation is not possible because of limited conditions, fees should be paid from funds specially used for the reclamation for new cultivated land according to the standards established by the provinces, autonomous regions, and municipalities directly under the Central Government.
129. The provincial implementation methods and compensation standards follow the same principles as those set in the State Land Administration Law. Excerpts of key provisions of the Land Administration Law of Chongqing Municipality and Hubei Province are contained in Annex C. Key provisions are as follows:
(i) After the land acquisition program has been approved according to legal procedure, the people’s government of the districts and counties (autonomous counties and city) whose land is to be acquired shall organize the implementation of the program, and post a bulletin stating the land acquisition approving organization, ratification No, the purpose of the land to be acquired, domain, area, and compensation standard for land to be acquired, resettlement of agricultural population, and time limit for compensation for land acquisition, etc. (ii) Land administration departments of districts and counties (autonomous counties and cities) shall prepare land acquisition, compensation and resettlement programs based on approved land acquisition program, and relevant regulations and laws. They shall post bulletin at villages and towns whose land is to be acquired to seek opinions of rural collective economic organizations and villagers. After these programs have been approved by people’s government of districts and counties (autonomous counties and cities), the land administration
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departments of districts and counties (autonomous counties and cities) shall organize the implementation of these programs. In case of any objection to compensation and resettlement programs by organizations and individuals, the people’s government of districts and counties (autonomous counties and cities) shall conduct consultation meetings. If the consultation fails to reach consensus, the issue shall be submitted to the people’s government approving land acquisition for decision. Dispute over land acquisition, compensation, and resettlement shall not affect the execution of these programs; (iii) All kinds of compensation fees for land acquisition shall be completely disbursed within 3 months upon the signing of village and household compensation agreements; (iv) Housing replacement adopts such modes as monetary replacement, purchasing houses built in a unified manner with preference, self-building houses within the specified location, etc. Specific methods are determined by/require approval from the municipal government; (v) For land acquisition, the project proponent shall pay the cost for land compensation, replacement subsidy, and that for ground attachments and young crops; and (vi) Compensation standards for land acquisition, replacement subsidy, and that for ground attachments and young crops are determined by the municipal government.
130. The main stipulations for housing by “The Management Regulations On Urban Housing Removal” approved by the State Council are as follows:
(i) The remover shall compensate the removed; (ii) The remover shall sign an agreement with the removed in terms of compensation and resettlement; (iii) The removal compensation shall follow property right swap and compensation by evaluation; (iv) The remover shall resettle the users of the removed buildings; (v) The users of the removed buildings moved outside due to the building removal shall be given house move subsidy by the remover; (vi) During the stipulated transition period, the users of the removed buildings shall be given temporary subsidy if they manage to live by themselves. During the stipulated transition period, the users of the removed buildings shall not be given temporary subsidy if the remover provides transition house.
131. Special preferential policies enjoyed by the minority nationalities are shown in Section 10.
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3. ADB Social Safeguard Policies
132. In accordance with ADB’s Policy on Involuntary Resettlement, people unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the Project. People affected should be fully informed and consulted, and existing social and cultural institutions should be supported.
133. ADB guidelines for involuntary resettlement include the following:
(i) Involuntary resettlement should be avoided where feasible. (ii) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (iii) People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. (iv) People affected should be informed fully and consulted on resettlement and compensation options. (v) Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities. (vi) The absence of a formal legal title to land by some affected groups should not be a bar to compensation. (vii) Particular attention should be paid to households headed by women and other vulnerable groups, and appropriate assistance provided to help them improve their status. (viii) Involuntary resettlement should be conceived and executed as an integral part of the project. (ix) The full costs of resettlement and compensation should be included in the evaluation and presentation of project costs and benefits.
134. ADB’s Policy for Indigenous People applies to minority nationalities. The policy aims to ensure that vulnerable ethnic groups are protected from adverse impacts and they can equitably share the project benefits. The main policy principles include:
(i) The project objectives should be compatible with the needs, aspirations, cultural habits and social institutions of the minorities nationalities. (ii) Minority nationality communities affected by the project should participate in the development process. (iii) Adversely affected persons should receive adequate compensation and assistance for losses arising from the project.
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135. ADB has agreed with MOR that the RP will incorporate these policy principles and provide special entitlements for minority nationality communities affected by the Project.
136. PRC laws, regulations, and provisions are quite consistent with ADB requirements. Some policy gaps have been identified and these will be addressed as discussed in Section 5.2.4 ADB safeguard policies will be achieved using this plan, experienced local agencies, and comprehensive monitoring and evaluation. MOR’s has also made specific commitments for implementing this project; these are summarized in Section 5.3.
4. Special Provisions to Resolve Policy Gaps
137. The following policy gaps and solutions have been identified:
(i) Replacement Value – local regulations have set standards for land compensation which may be adequate in general cases but may not always reflect replacement value.
Solutions: Preference will be given to replace land for land rather than cash compensation, so the AP is not adversely affected. At the village level, compensation should be adequate to enable land to be redistributed without adversely affecting other villagers. The amount of compensation paid to village collectives and the investment of these funds will be closely monitored to ensure full replacement of losses. In towns, land for land is not so easy and may not reflect the wishes of APs. In such cases, cash compensation may be provided but the affected household should have a clearly defined plan for investing the funds to restore income potential. These households will also be monitored closely.
(ii) Consultation and Disclosure – The PRC Land Law has provision for consultation but the regulations and procedures are not as specific as ADB requirements.
Solutions: MOR provided Resettlement information booklets (RIBs) to the local governments before June 10 2003 to distribute to the affected villages, and to fully disclose the approved RP to all relevant local government offices. Also, once the final alignment is approved, all APs will be informed accordingly.
(iii) Grievance Procedures – The PRC Land Law has provision for grievance process but experience has shown that documentation of grievances is incomplete.
Solutions: Local government will ensure that APs have opportunity to express that grievances at appropriate levels and will instruct local officials to find
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solutions and implement measures quickly. The process will be documented and reviewed by an external monitor.
C. Principles, Legal, And Policy Commitments From MOR and Local Government
138. (MOR) will commit its full resources, through negotiation and monitoring, to ensure that farmers, who lose land and do not receive adequate land through village reallocation, receive sufficient compensation to enable them to obtain new income sources which are at, or greater than, the level enjoyed prior to resettlement.
139. MOR made agreements with Hubei and Chongqing, with general responsibilities and obligations for the levels of compensation for resettlement. The agreements are shown in Annex E.
140. MOR will ensure that ACWF will be involved at the prefecture and local level in the planning, monitoring, and implementation of resettlement of households headed by women in order to reduce possible discrimination.
141. MOR ensures that the provincial governments employ sound and thorough audit procedures covering the payments from MOR used for APs in order to insure that the full amount of payments intended to compensate APs actually reach those persons. The provincial governments, under existing regulations, will conduct regular audits of resettlement disbursements and expenditures. Annual audit reports will be submitted to MOR.
142. MOR confirms that the full amount of all compensation payments and other specified assistance will be made to the collectives, enterprises, and individuals affected, and there shall not be any deductions from the rates specified in the RP.
143. MOR confirms that the approved RP in Chinese will be provided to county and township offices at least 2 months before the project implementation so that local officials will have adequate time for review, detailed planning and preparation for implementation. A resettlement information booklet (RIB) was prepared by MOR and was circulated to all affected villages in July 2003.
144. MOR confirms that the land acquisition and resettlement will be implemented in accordance with the RP.
145. MOR will designate an officer of the YWR Headquarters to be the official responsible to MOR and the ADB for the implementation of this RP and for supervision of the implementation of the resettlement and land acquisition agreements between MOR and the province/municipality involved.
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146. MOR will pay the land acquisition fee and moving cost in time according to the agreements with the province/municipality.
147. MOR will require its construction contractors to give preference in the hiring of unskilled workers to persons affected by land acquisition and resettlement and the local poor people. This preference will be established at the minimum rate of 50% of the labor cost portion of the construction budget.
148. Local government confirms that the land acquisition and resettlement will be implemented in accordance with the RP.
149. Local government confirms that they will help the vulnerable groups manage and use the compensation in a good way and help the affected vulnerable groups to rebuild their houses.
150. Local government confirms that the affected vulnerable groups have the priority for local workers contracted for the construction of railway project.
151. Local government confirms that it will apply the same compensation standards for the floating (non-registered) population with legally constructed housing that will be demolished for YWR. Local government will also help the house-owners to remove illegal buildings but no cash compensation will be paid.
D. Entitlements And Compensation Standards
152. This section sets out the specific entitlements and compensation standards that will be used to mitigate impacts to APs and enterprises resulting from the YWR Project and associated facilities. The impacts have been categorized as follows:
(i) Permanent land acquisition, including attachments and standing crops, (ii) Temporary land occupation (for construction purposes), (iii) Housing demolition and relocation, (iv) Transition allowances for affected households, (v) Relocation of enterprises, (vi) Economic rehabilitation, (vii) Special measures for vulnerable groups, and (viii) Reconstruction of affected infrastructure.
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1. Permanent Land Acquisition
153. Article 47 of the Land Administration Law of the PRC establishes the requirement that land acquired should be compensated according to its original uses. Compensation for cultivated land acquired includes:
(i) Compensation for the land acquired, (ii) Subsidy for resettlement, (iii) Compensation for above-ground attachments, (iv) Compensation for standing crops, and (v) Development and construction fund for new vegetable land.
154. Compensation for the cultivated land acquired should be 6 to 10 times the average annual output value (AAOV) during the last 3 years prior to the acquisition. Subsidy for resettlement for cultivated land acquired is calculated according to the AAOV and the per capita landholding.
155. Subsidy for resettlement for each agricultural person should be 4 to 6 times the AAOV of the cultivated land acquired during the last 3 years prior to acquisition. The subsidy is calculated by using the agricultural output values with specified multiplication factors for people’s resettlement. The multiplication factors are related to the amount of cultivated land per capita. For those villages with relatively less cultivated land per capita, the compensation multiplication factors are higher since more rural people are fed on each mu of cultivated land. For example, for a village that has 1 mu of cultivated land per capita, each mu of land feeds one rural person, while a village that has only 0.5 mu of cultivated land per capita has to feed two rural people with every mu of its cultivated land.
156. For other land acquired, governments at the affected provinces shall decide the compensation and resettlement subsidy standards by using the standards for cultivated land as a reference.
157. Governments themselves at the affected provinces decide on compensation standards for above-ground attachments and standing crops for land acquired based on market prices or replacement value.
158. When acquiring suburban vegetable plots, the project proponent has to pay fees for building new vegetable plots according to relevant State regulations.
159. If land compensation and resettlement subsidies paid in accordance with Paragraph 2 of Article 47 of the land administration law are insufficient to maintain the original standard of living of the farmers to be resettled, the resettlement subsidy may be increased upon approval of
44 provincial government. However, the total amount of compensation plus resettlement subsidy shall not exceed 30 times the average annual output value of the land acquired during the last 3 years prior to land acquisition.
160. The output value of crops is comprehensively calculated by the average output during the last 3 years prior to land acquisition and based on the corresponding market price. The value of by-products such as stalks is also taken into account when calculating the output value of grain crops.
161. Table 5-1 shows the typical AAOV for typical crops in Jianshi County. The values are the averages for the last 3 years. Generally, the AAOV of the eight counties/districts along YWR alignment is: Y1000/mu for paddy field and Y800/mu for dryland.
Table 5-1: Average Annual Output Value for Crops in Jianshi County Crop Annual Market Price Output Value Total output Type of Land Planted Output (kg) (yuan/kg) (yuan/mu) value (yuan) General Paddy Rice 500 1.2 600 960 Field Rape 144 2.5 360 General Dry Maize 436 0.95 414 747 Field Potato 1,665 0.2 333 Source: Local Governments.
162. The approved compensation rates for cultivated land are shown in Table 5-2. Specific compensation rates for each affected county/district shall be determined based on the actual types of land and local output values.
Table 5-2: Compensation Rates for Land Compensation Standard Item Notes (yuan/mu) For villages with 1 mu of cultivated land General Paddy Land 10,000 per capita For villages with 1 mu of cultivated land General Dryland 8,000 per capita Vegetable Land 12,000 Orchard Land 7,000 Excluding fruit trees Fish Pond 8,000 Including breeding aquatics Forestland 5,000 Including trees Housing Plots 5,000 Waste Land (hilly area) 1,000 Source: Local Governments. This compensation standard is just for reference. The compensation standard during the implementation will be decided on the basis of the agreement between MOR and Hubei and Chongqing according to the actual output value of 3 years prior to the land acquisition in combination with the compensation multiplication.
163. Table 5-3 shows the compensation rates for standing (young) crops on the cultivated land at the time of expropriation. Compensation is equal to the output value for one crop season. If the crops have been harvested and not re-planted prior to land acquisition, compensation for standing crops is not paid.
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Table 5-3: Compensation Rates for Young Crops (yuan/mu)
Item Compensation Rates (yuan/mu) Note
Paddy Field 500 Dryland 400 Compensation is equal to the output Vegetable Land 600 value for one crop season. Orchard 350 Source: Local Governments. This compensation standard is just for reference. The compensation standard during the implementation will be decided on the basis of the agreement between MOR and Hubei and Chongqing according to the actual output value of the land acquired.
164. Each county/district has its respective detailed compensation standards for attachments (like well, fencing walls, sty, ground floor, manure pit, etc.), fruit trees, cash forest, and various woodland. Table 5-4 lists the approved compensation rates for attachment.
Table 5-4: Compensation Rates for Attachments Within Towns Rural Areas Type of Building Unit Remarks (yuan/unit) (yuan/unit) Brick-stone fencing wall m2 25 20 Brick-stone kitchen range Ea. 55 50 Earth kitchen range Ea. 35 30 Mortar water tank m3 90 80 Earth well Ea. 80 80 Mortar manure pit m3 55 50 Earth manure pit m3 28 25 Cement ground floor m2 22 20 Methane tank Ea. 750 720 Ordinary tomb Ea. 300 300 Tomb with tombstone Ea. 400 400 Mortar fish pond m3 43 40 Earth fish pond m3 6 5 Timber forest mu 1,800 1,500 Firewood mu 1,000 800 Shrubbery mu 400 300
ea: Great tree 120 80
Orange tree Medium tree 90 70 Not yielding Young tree 65 50 fruit ea: Great 35 30 Tea plant Medium 25 20 Young 15 10 ea: Great 100 80 Chestnut and walnut Medium 60 40 Young 25 20 ea: Great 85 70 Grape Medium 55 40 Young 30 20 ea: Great 65 50 Pepper tree Medium 40 30 Young 15 10 ea: Great 60 45 Chinese papaya Medium 40 30 Young 25 15 ea: Great 38 35 Cedar Medium 28 25 Young 13 10
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Within Towns Rural Areas Type of Building Unit Remarks (yuan/unit) (yuan/unit) ea: Great 150 100 Gingko tree Medium 100 60 Young 40 30 ea: Great 18 15 Phoenix tree Medium 12 10 Young 5 3 Source: Local Government This compensation standard is just for reference. The compensation standard during the implementation will be decided on the basis of the agreement between MOR and Hubei and Chongqing according to the type of tree, different output value of trees and the replacement value of various buildings.
2. Temporary Land Occupation
165. During construction of the YWR, contractors will temporarily occupy land for access roads, construction camps, material storage, borrow sites and dumping of tunneling waste. Land is generally borrowed for temporary use for periods of three to five years. To the extent possible, contractors will only occupy wasteland and will avoid structures, cultivated land, and forests. Contractors will pay compensation to the owner (i.e., collective or individual with land-use rights). If the borrowed land is cultivated land, compensation will be provided year by year according to the loss of annual agricultural output value. If the borrowed land is wasteland, the lump-sum payment is Y300/mu. The annual compensation rates for temporary land occupation are shown in Table 5-5. When the construction activity is completed, the land will be returned to the owner in its original condition, or equivalent compensation payment will be provided to the owner.
Table 5-5: Compensation Rates for Land Borrowed for Temporary Use Item Compensation Rate (yuan/mu) Note Wasteland (hilly area) 300 Lump sum Source: Local Governments. This compensation standard is just for reference. The compensation standard during the implementation will be decided on the basis of the agreement between MOR and Hubei and Chongqing according to the local actual situations.
3. Housing Demolition and Relocation
166. The compensation for structures and attachments to the affected land will be paid directly to APs who own those assets. Compensation money will be paid at the replacement rate for the demolished houses. In rural areas, local government will allocate house plots to APs and the new house will be constructed either by APs themselves or by the village committee. In urban areas, the principles of property right swap or compensation by market pricing or the combination of both principles should be implemented. The area for swap of property rights for houses should be based on the gross area of the house demolished. The amount of compensation by pricing should be based on replacement cost of the houses to be demolished. Any legal transaction and registration fees will be free of cost. The people to be resettled are entitled to use the building material from the old house for free.
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167. Table 5-6 shows the construction cost for houses along the YWR alignment. The cost excludes the cost of land; it solely indicates the cost of buildings. The housing plots are allotted by the village committee without charge, through drawing of lots.
Table 5-6: Compensation Standard for Relocation of Rural Housing Compensation Standard Type of Construction Unit (yuan/m2) Brick-concrete houses yuan/m2 280 Earth-tile houses Yuan/m2 180 Simply-built houses yuan/m2 100 Source: Local Governments. This compensation standard is just for reference. The compensation standard during the implementation will be decided on the basis of the agreement between MOR and Hubei and Chongqing according to the replacement value of various buildings.
168. Table 5-7 indicates the composition of construction costs for houses. The compensation standard must meet the cost of rebuilding a new house of the same type, including the cost of labor, without depreciation of house value and without deduction for salvaged materials.
Table 5-7: Cost for House Construction Along YWR Alignment (yuan /m2) 2 Cost per m (yuan) Brick-concrete Brick-tile Simply-Built Section Houses Houses Houses House foundation 30 20 10 Walls 110 80 40 Roof 60 30 20 Doors and windows 23 15 10 Floor 22 15 10 Finishing internal and external walls 28 18 10 Total Cost 273 178 100 Source: Local Governments.
169. Compensation standard for relocation of urban housing will be determined and confirmed by the local government, based on the local market price for reconstructing housing of similar quality and size. The amount of urban housing is less than 10 percent of the total affected housing.
170. Among the demolished houses, some are brick-wood structures and some are earth-wood structures. However, farmers nowadays seldom build brick-wood or earth-wood houses. They prefer brick-concrete houses. Therefore, they should pay for the extra construction cost for the new type of structure that they choose at their own option. Similarly, the owner should pay for any increase in floorspace.
4. Transition Allowances for Affected Households
171. In order to assist the affected persons in relocation and rehabilitation, the Project will provide them moving cost (Y200/household), and temporary housing rent if required (see Table
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5-8). Normally, house compensation will be paid to owners before the house is demolished. However, if the house is demolished before the new house is constructed, the cost for temporary house rental subsidy should also be compensated.
5. Relocation of Enterprises and Shops
172. Compensation for affected industrial and commercial enterprises will be negotiated based on the principle of replacement value for the land, structures, equipments and other attachments and facilities. Compensation will also be paid to cover the costs of moving and lost profit and wages during work stoppage. The compensation will be made by the YWR Construction Command Post to the local government for the local enterprises. The enterprise will determine whether to reconstruct or relocate the affected business/workshops. If these decisions result in the loss of employment for workers, the local government must provide adequate support to ensure the workers are either re-employed, or receive pensions to maintain their living standard.
173. Any private shops that are affected by the Project will be compensated based on the same principle as for enterprises. The owners should be assisted by local government to relocate shops in suitable areas as early as possible to minimize or avoid losses. Any losses should be compensated prior to demolition.
6. Economic Rehabilitation
174. The objective of compensation is to restore living conditions, livelihoods and income earning potential. Living conditions can be restored with the above-mentioned provisions for house compensation and relocation allowance. These relocation plans are described in Section 7. However, economic rehabilitation is less certain and the compensation for land and other relocation allowances may not be sufficient to fully restore livelihoods and income earning potential. Economic rehabilitation will also depend whether compensation is paid to the collective or directly to the affected household. In either case, compensation funds must be reinvested to restore jobs and incomes. There are several options provided to ensure adequate funding for economic rehabilitation:
(i) Land compensation rates can be increased based on local conditions and needs. (ii) Training and other employment assistance can be provided. (iii) Additional funds can be utilized for economic development (explicitly itemized in the resettlement budget or from the resettlement contingency funds or from local government budget). (iv) Economic rehabilitation strategies can be combined with other development plans supported by local government. (v) Temporary and permanent employment for some APs on the YWR construction and operation.
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175. The plans for economic rehabilitation are described in Section 8 and the costs for economic rehabilitation measures are shown in Section 12.
7. Special Measures for Vulnerable Groups
176. During the early stages of resettlement planning, it was recognized that there are several vulnerable groups that could face additional hardship from resettlement. These groups include:
(i) Some ethnic minority villages and households (39% of APs). (ii) Poverty villages and households (11% of APs are in extreme poverty). (iii) Women who may have limited access to income generation opportunities. (iv) Elderly people who face psychological suffering, and are physically and financially vulnerable to cope with stresses. (v) Children who must adjust to changes in their community.
177. It was agreed that special measures will be provided to ensure that no vulnerable households will face impoverishment, and to provide them opportunities to substantively improve their living standards. These special measures are shown in Section 10.9.
8. Reconstruction of Affected Infrastructure
178. The YWR Project will affect of all kinds of infrastructure and special items including telecommunications lines, electrical transmission lines, roads, irrigation facilities, drainage systems, water and sewer lines, etc. When infrastructure is affected, the Project will either repair the facilities or pay compensation to the owner or agency responsible for the service who when then rectify the problem. For cash compensation, standards will be determined based on the principle of restoring the original function, original scale and original standard. In any case, the affected facilities and services will be restored as quickly as possible, or temporary facilities will be provided to ensure there is no significant impact on the quality of services for the local people. The estimated budget for reconstruction of affected infrastructure is shown in Section 12.
E. Eligibility And Rights Of Affected Persons
179. In accordance with the Land Administration Law, the Executing Agency provide assistance to those losing lands, houses and other productive condition to recover or raise their living standard to or above the original level. All APs, including migrants/floating population (persons without residence registration certificates), will be paid compensation for all affected assets at the replacement value of those assets. All APs will receive advance notification of land requisition and house demolition, and will be explained their entitlements in accordance with applicable laws and the provisions set out in this RP. Information was provided in the form of
50 resettlement information booklets (RIBs) for each affected village, notice bulletins posted in each village, s, and detailed resettlement plans available in each township-level office. All APs will have consultation with village leaders and local government officials to ensure they understand their entitlements and proposed relocation and rehabilitation plans. All APs have the right to appeal the compensation amounts that have been calculated by local government; the process for appeals and other grievances is set out in Section 6.5.
F. Disbursement Of Compensation Funds
180. In principle, the compensation for structures, private trees and attachments to the affected land will be paid directly to APs who own those assets. Land compensation and resettlement allowance paid by the RCSO to each village collective or affected household. Based on the Land Administration Law, the land compensation will be provided to the collectives whereas the resettlement subsidy shall be used to the resettlement of agriculture population affected by the land acquisition. The resettlement subsidy can either be paid to the village collective who are then responsible for restoring the livelihoods of the APs, or paid directly to each affected household who are then responsible for restoring their livelihoods themselves.
181. Compensation should be directly disbursed to the affected schools, governmental units, enterprises, and other businesses affected by the Project.
G. Eligibility Policy And Entitlements Matrix
182. Tables 5-8 presents the eligibility policy and entitlement matrix for all categories of loss, including principles of compensation.
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Table 5-8: Entitlement Matrix People Compensation or COMPENSATION STANDARDS Impact Affected Resettlement Measure 1) Fees for cultivated land 1) Compensation for cultivated land acquired should be 6 to 10 times the average 2) Fees for uncultivated land output value during the last 3 years prior to land acquisition. Resettlement subsidy for 3) Fees for collectively-owned each agricultural person to be resettled should be 4 to 6 times the average output Village attachments value of the cultivated land acquired during the last 3 years prior to the acquisition. 2/3) Compensation at rates determined by local regulations. collectives Note: If the total amount of compensation fee plus resettlement subsidy still can not ensure that farmer to be resettled can retain original living standard, additional resettlement subsidy can be paid upon the approval of provincial/municipal government.
1) Fees for standing crops 1/2) The compensation standard for the attachments and standing crops to be acquired 2) Fees for individual owned shall be stipulated separately by provincial/municipal governments according to attachments different land output value. 3) Reallocation of land by 3) If basic farmland needs to be acquired, it must be approved by the State village collectives Council. Otherwise, land can be reallocated within villages or between villages Farmers 4) If land is not reallocated to with the approval of the township government. them, fees for resettlement 4) The land compensation fee and resettlement subsidy will be disbursed to the Land are disbursed to APs. affected household in order to provide funds for new income generation. The village acquisition leader and local officials will assist the AP to restore or invest in new livelihoods. Training will also be provided.
Same as above 1-4) Same as above 5) Local governments help vulnerable groups make good use of compensation funds. Vulnerable Groups
1) Replacement of cultivated 1) Compensation fees are payable to the Land and Resources Bureau for reclamation land loss of land equivalent to the cultivated land lost. MOR has requested this fee to be 2) Fee for land loss waived. Provincial/Municipal Government has agreed to compensate the affected counties accordingly. County 2) Compensation fees are payable to the Land and Resources Bureau for reclamation of land equivalent to the cultivated land lost. MOR has requested this fee to be waived. Provincial/Municipal Government has agreed to compensate the affected counties accordingly.
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People Compensation or COMPENSATION STANDARDS Impact Affected Resettlement Measure 1) Fees for housing restoration 1) Compensation shall be calculated based on house replacement price; 2) Fees for removal 2) Transition compensation fee shall be provided to farmers to facilitate them to rent Farmer 3) Reassignment of new house for the transition period; households house site for free by the 3) Provide new homestead for houses free of charge. village Note: The people to be resettled have the right to choose new house sites. Same as above 1-3) Same as above 4) Priority over getting resettlement; Vulnerable 5) Local governments help vulnerable groups build houses; Groups 6) Priority over getting opportunities of participating in railway engineering construction Residential housing 1) Compensation for 1) The principle of property right swap and the principle of compensation by replacement housing displacement market pricing should be implemented for relocation compensation or the 2) Removal fees combination of both principles should be implemented. The area for swap of 3) Transition fees property rights for houses should be based on the gross area of the house demolished. Amount of compensation by pricing should be based on Urban replacement cost of the houses to be demolished. residents 2) The compensation should include the cost of resettlement from the old house to the new house. Any legal transaction and registration fees will be free of cost. The people to be resettled are entitled to use the building material from the old house for free. 3) The compensation should include the loss of income suffered during the period of resettlement. If the house is demolished before the new house is constructed, the cost for temporary house renting should also be compensated for up to 6 months. 1) Following the “equal area, equal quality” principle, APs get housing resettlement Business Commercial 2) Fees for transition and housing removal enterprises removal 3) If demolition is prior to resettlement, subsidies for loss caused by disrupted business activity.
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People Compensation or COMPENSATION STANDARDS Impact Affected Resettlement Measure 1) Compensation for housing. 2) Compensation for transition Industrial and removal 3) If demolition is prior to enterprises resettlement, subsidies for loss caused by disruption in business activity. Institutions 1) Compensation for resettlement. and working 2) The government will restore units Removal of housing. other 1) The government will restore with compensation. buildings Schools 2) House building first and affected house removal second and the building standard not lower than the original one. 1) Removal by Railway. Removal of Affected 2) The original owner will infrastructure infrastructure rebuild with compensation from MOR. 1) Compensation for standing Land crops Village borrowed for 2) Fees for land’s temporary collectives or use temporary villagers 3) Full restoration of land to its use original condition when delivered to owner. Source: Compiled by FSDI from PRC Land Administration laws and land acquisition and resettlement regulations.
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VI. CONSULTATION, PARTICIPATION AND GRIEVANCE REDRESS
A. Project Stakeholders
183. Primary stakeholders are:
(i) People affected by land acquisition, (ii) People affected by building demolition and relocation, (iii) People affected by relocation of factories and other business premises, (iv) The organizations affected by the demolition and relocation of public facilities, (v) The individuals or organizations who own the above ground or underground attachments, (vi) The affected village groups and villages, (vii) The 39 related townships, (viii) The railway support offices and land administration bureaus in the 8 counties involved, (ix) The relevant prefecture level railway support offices and land acquisition departments, (x) Ministry of Railways, including the related functional departments such as Construction Department, Planning Department, Financial Department, the Foreign Capital and Technology Import Center, Project Administration Center, Appraisal Center, etc, (xi) RCMC and its YWR Construction Head Office for YiWan Construction, and (xii) Construction companies and units.
184. Secondary stakeholders include:
(i) The PRC (Central) Government, (ii) Ministry of Finance, (iii) Economic planning committees of the 2 provinces and 3 prefectures and 8 counties, (iv) Poverty reduction offices in the 3 prefectures and 8 counties, (v) All China Women’s Federation in the 3 prefectures, 8 counties, and 39 townships of the Project, (vi) The civil administration bureaus in the 8 counties, (vii) The Project design institution (the Fourth Survey and Design Institute), (viii) The external monitoring agent for resettlement related to the Project, (ix) The domestic and international lending institutions for the Project, (x) Potential railway passengers, and (xi) Potential users of the railway's freight service.
B. Mechanisms For Stakeholder Participation
1. Consultations and Meetings
185. In the process of land acquisition, housing demolition and resettlement, consultations and meetings have been conducted and will continue to be conducted. Consultations are mainly held between:
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MOR and the affected provinces, prefectures, and counties; The railway construction units and local, regional, municipal, and county levels; The local RCSOs, local land administration bureaus, and the affected villages and groups; and The local RCSOs, villages/groups, and farmer households.
186. The content of the consultations is mainly related to land acquisition, compensation standards for building demolition, the location and the method of new building construction, and the time schedule of removal and population resettlement.
187. In the preparatory and implementation stages of land acquisition and building demolition for the Project, the local government and the APs, the railway support institutions at different levels, the railway sector and the localities will have, and will constantly hold meetings, including:
(i) Villager meetings to be held in the villages or groups; (ii) Consultation meetings with the affected families to be held at the county, the township and the village levels; (iii) Meetings of the village cadres and villager representatives to be held at the county and the township levels; (iv) Negotiation meetings on the resettlement plans to be held between the RCSOs at the county and township level; (v) Working level meetings to be frequently held between the RCSOs and removal group of the project construction units; and (vi) Meetings to be held between the prefecture railway support office and the county offices.
2. Public Meetings with the Affected People
188. During the period of negotiation on land acquisition, every village or group will hold the following two types of meetings:
(i) Meetings of the village representatives held by the county or the township land administration departments. The themes of such meetings are to describe the significance of the Project; the scope, the location, and the time of land acquisition; and the laws, policies, and regulations regarding land acquisition. Such meetings are often held during the consultation and negotiation on land acquisition for a subproject. (ii) Meetings of all the villagers held by the village council with all the villagers or the heads of households as participants. The themes of these meetings are to explain State regulations and policies; the scope and amount of land acquisition; the standards of compensation; measures of rebuilding and population resettlement; etc. At each meeting opinions, suggestions, and complaints from the villagers are to be collected. Such meetings are often held during the period of land acquisition, implementation, and signing of contracts on compensation.
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3. Public Participation
189. Features of public participation in the Project are:
(i) Public participation during the project preparatory stage, and (ii) Public participation in the implementation of land acquisition and resettlement. 190. The focus of public participation includes:
(i) Consultation; (ii) Resettlement meetings; (iii) On-the-spot investigation of the potential loss of material possessions and socioeconomic conditions; (iv) Comments and evaluation on the standards of compensation; (v) Choice of locations for new building construction; (vi) Building of new houses by affected households; and (vii) Issues associated with becoming self-employed.
191. Village and group leaders and villager representatives have been involved in investigating and confirming the amount of land to be acquired and the attachments to it. The participants in the investigations are the household heads, villager representatives, village cadres, the town RCSOs, and the project construction units.
192. After the investigation is completed, the details of the expected loss of land, buildings, crops, etc. are verified and confirmed by the affected persons. Protocols are signed by all the concerned parties with copies retained by the affected households, the RCSOs of local governments, and the railway construction units.
193. The location of the new house site has significant impact on the villager’s future life and on his/her other small business activities. The villagers usually hope to build their housing on both sides of highways so that they may engage in business. The Project will respect the villagers’ expectations, provide them with opportunities, and allow them a great deal of freedom in choosing new home sites. The Project also will give the affected villages sufficient room for adjustment and development in their moving schedule.
194. The households to be resettled will build the new houses with due floor space and quality by themselves in accordance with their economic means. They have the right to choose their new homestead from the proposed house sites and choose the style of their new house as well. They can also use free of charge the used material from their demolished old house. In the rural areas of the PRC, when one family is building a house, they often ask free of charge their relatives and friends and even neighbors to help them build the house. By doing so, the family can save the labor cost for building the new house.
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195. Public participation is one of the most important and indispensable steps in the engineering survey and design. The project survey and design units went to the construction sites and conducted in-depth investigations. They held all kinds of negotiation and consultation meetings to gather comments and demands on the Project from all parties along the proposed alignment. Through many consultations, including the signing of contracts with the concerned departments of local governments along the rail line, solutions have been found to issues, which must be settled before Project construction begins, such as water supply sources, drainage, sites for fill and disposal of spoil, and stone and sand supply. In addition, for integrating the construction design process the survey and design specialists discussed issues of local interest and worked out the best possible plans to handle these issues.
196. Public participation is also an important aspect of Project evaluation. During preparation of the first draft of the RP, in-depth investigations were conducted to identify issues of common concern to the affected people. Questionnaire-based surveys and interviews along the rail line were conducted. People from all levels took part in the investigations and actions, so that they became clear about the Project. During the period of international technical assistance, the international Consultants conducted a sampling survey of the affected people in accordance with the requirements of Asian Development Bank (see Section 4.2). The households interviewed were cooperative and provided detailed data on the size of family, the area of household land, household income and expenditure, housing condition and the number of durable items. Households also indicated the impact they expected from land acquisition and housing demolition, and expressed their opinions of resettlement and their attitudes toward the construction of YWR. In addition, the international Consultants conducted a sample survey of 774 households in townships on and off the alignment in the eight counties in order to measure current social and economic conditions in the affected counties.
4. Publicity and Information Dissemination
197. Publicity and information dissemination on the Project started at the Project preparatory stage. The purposes and significance of the Project, the time and location of the Project construction components, as well as the relevant State policies concerning land acquisition and housing demolition by the governments at the provincial, prefecture, municipal and county levels were all publicized in various media, such as newspapers, broadcasting, TV, and magazines. These activities were aimed at letting the local people know the relevant issues concerning land acquisition and housing demolition for the Project.
198. Unified land acquisition and housing demolition notices were publicized to all the affected Peoples. The purpose was to make the public become familiar with the issues related to land acquisition and housing demolition, such as time and scope of land acquisition, policies of compensation and resettlement, regulations of residence registration, and the prohibition on planting unplanned crops. Provincial land implementation rules have been published and posted along the alignment.
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199. A Resettlement Information Booklet (RIB) has been prepared by MOR and copies were distributed to the local government in July 2003. And they will be distributed to all affected villages through the local land acquisition and resettlement offices. These have been distributed to the affected villages. The RIB includes a brief introduction of the YWR Project and the scope, procedures, principles, unit values of group compensation, and grievance mechanisms associated with the Project’s land acquisition, building demolition, and resettlement.
200. The resettlers’ meetings are another essential way of message dissemination. The purpose of such meetings is to let the participants know first-hand the implementation of land acquisition, policies and standards of compensation, the strategies of housing rebuilding and population resettlement, as well as to collect feedback information from the participants.
C. Local Institutions Or Organizations
201. Local government units will carry out resettlement functions and distribute compensation to affected persons and villages. Local units of ACWF will be contacted to obtain their support to affected women who are heads of households.
202. Upon the issuance of the Project approval by the State Development and Reform Commission (which is expected toward the end of 2003), the RCSOs and land administration bureaus of the two prefectures and eight counties along the railway line will start comprehensive and detailed recording of land to be acquired. These records will include measuring the amount of land to be acquired and counting affected attachments, measuring area of housing to be demolished and counting affected attachments around the housing. These records will be very detailed and results will be listed in the registration cards or forms. For households to be displaced, the RCSO and the YWR Project Implementation Office of MOR will each keep a copy of the forms. Area of affected housing and the number of attachments of each household will be checked and signed with confirmations by the household head, RCSO representatives, village and township cadres, and personnel from railway construction units. The reason to do so is for an effective, fair, and transparent land acquisition.
203. Based on the overall investigations on the amount of land acquisition and housing demolition, the prefecture and county RCSOs will discuss in detail implementation plans of relocation and resettlement in each area. The relocation plan will be from global to detailed and gradually become operational. Consultations and discussions will be held with village cadres and representatives regarding detailed resettlement plans. Final relocation and resettlement plans will be publicized to affected people.
204. It is required in Article 25 of the Land Administration Law that cities and counties affected should implement land acquisition plans as long as it is legally approved and
59 information regarding institutional approval, the approval document number, the purpose, scope, area of land acquisition, the compensation standards, measures of rural population resettlement, deadline to get the compensation registration for land acquisition are publicized in local townships and villages where the land acquisition occurs. This constitutes the first official publication of resettlement.
205. It is required in the same Article that land administration bureaus at city and county levels work together with relevant departments to formulate, based on the approved land acquisition plan, compensation and resettlement plans and publicize at local townships or villages to get feedback from local rural collectives and APs. This constitutes the second official publication of resettlement. The publication requirements of Article 25 will be complied with.
D. Potential Role Of Nongovernment Organizations and Community-Based Organizations
206. There are some NGOs and CBOs along the alignment of YWR. Their current work is mainly to participate in the poverty reduction. During the YWR resettlement process, they could afford assistance to the poor to improve their production techniques and find new employment opportunities.
E. Procedures For Redress Of Grievances
207. If the affected population has any problems or grievances regarding land acquisition, housing demolition and relocation, compensation and resettlement during the actual implementation of land acquisition and resettlement, they may appeal through the following five levels of institutions:
1. Appealing to the Land Administration at the County or Township Level
208. According to the management obligations of local government, grievances caused by land acquisition and resettlement should first be dealt with by land administration bureaus at the local level. In case the land administration bureau is unable to resolve these grievances, the claimant may appeal to higher levels.
2. Appealing to the Township, the County, and the Municipal Governments
209. If the grievances cannot be resolved by the local land administration bureaus, the claimant may turn to the correspondence and the visitation departments of the local governments, which are set up by various levels of government organs to handle letters and visits from APs (including grievances in land acquisition and housing demolition). The correspondence and visitation departments function at all levels of government. The claimant may express his/her grievance orally or in written form to the department, which then may coordinate with the departments concerned to have the matter resolved. If the grievance cannot
60 be resolved in this way, the correspondence and visitation department will report the matter to the leaders of local governments.
3. Appealing to the Project Owners
210. The Project owner is the ultimate land user. The owner has the responsibility to resolve the problems and issues raised in the course of land acquisition. The owner of the Project is MOR. During the Project’s construction, the YWR construction headquarters will carry out this duty.
4. Appealing to the External Independent Monitoring Agent
211. The external independent monitoring agent conducts follow-up investigations on the income and living conditions of the AP periodically during the monitoring period. The agent evaluates the resettlement consequences and then submits its Monitoring & Evaluation Reports to the Project owner, the local institutions conducting land acquisition and house demolition, and ADB. The affected persons, therefore, may express their grievances to the external monitoring institution, which is obligated to listen to, find out, and report the complaints and grievances of the APs.
5. Legal Action
212. If the grievances of the claimant cannot be resolved through the above procedures, the AP may resort to legal action by bringing the case to a hearing before the court of appropriate jurisdiction.
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VII. RELOCATION OF BUILDINGS AND SETTLEMENTS
A. Options For Relocation Of Buildings And Other Structures
213. All planned relocation of buildings, including housing, in the YWR Project is, “Nearby relocation”. In many cases, new house sites will be provided in the APs current village. In several cases caused by peculiar problems of the alignment or by the construction of stations, portions of a village will be relocated, usually within the land of the existing village. Some “self-relocation” may occur at the option of APs. No cases are anticipated in the form of “relocation to site selected by MOR”.
214. Measures of resettlement for the demolished farmhouses and housing for urban residents include the following:
(i) The farmer households are resettled in a scattered way. They will build their own new houses by themselves. As the compensation paid for houses includes both the cost of labor and materials, households choosing to build their own houses are free to (i) better their house by increasing its size and amenities; or (ii) build a similar house and use the additional compensation for other purposes. The locations of the new houses are chosen through consultations between the villagers and the village or group. The village assigns the new house site to the APs and does not charge them for the land. (ii) Resettlement is concentrated around the small township centers. Integrated with the small township planning and development, streets and storefronts are built. There are several approaches. The first is that local government is responsible for constructing streets and infrastructure, while the APs build the new housing in accordance with a unified plan. The second is that the APs get the housing of the same amount and quality built for them. The third is that the APs receive cash compensation instead of housing, if they so wish. The decision as to which approach to take is made by the APs.
215. The principle to be followed in housing demolition and removal is that the new houses are built before the old ones are demolished. If the old ones are demolished before the new ones are built, subsidy for house rental is given during the transition period. In addition, in all cases the affected people receive moving fees.
216. In the implementation of housing relocation and resettlement the following general principles will be followed:
(i) New sites necessary for housing construction will be allocated for free to the affected households, who do not have to spend money on purchasing land for
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their new house sites. Floor space of the new house to be constructed will be equal to that of the original. (ii) Locations of house sites will be negotiated between the village collectives and the affected households. Households affected tend to prefer putting up their new houses at locations with easy access to traffic, namely, along sides of highways or county roads. Village collectives will try to satisfy their requests to the greatest extent possible and allow them to make choices among options the village can provide. (iii) Reconstruction of a rural residence takes 3 to 5 months. Households affected will typically build their houses themselves. They can have construction materials taken from their old housing for free. No deduction will be made in compensation, however, for materials taken from the old housing. (iv) Compensation for the old housing will be made to people affected prior to their removal. County RCSOs will disburse fees directly to households affected. (v) In principle, new housing should be built prior to old housing being demolished. If the old house is demolished before the new one is built, transition subsidies will be paid to the affected household so that they can rent a residence for transition. People affected tend to turn to and borrow spare housing from their relatives and friends to live in during transition. Even if this is the case, they are still entitled to receive transition subsidies. (vi) In case the APs are resettled in new residences built within the same village, they are still entitled to get moving fees, which will be separated from other fees in the compensation list or included under other compensation items. (vii) If households affected increase floor space or improve the quality of their new residences being built, they will pay for incremental costs themselves. Such an increase or improvement is at their own option, based on their own financial resources. (viii) Throughout housing reconstruction and removal, village councils, township governments and RCSOs will take care of households affected. If there are any difficulties, governments at all levels will work together to help in resolving difficulties. (ix) Households headed by women will receive equal treatment, opportunities, and entitlements in housing reconstruction as those headed by men. It is illegal to have any discrimination against households headed by women, to reduce their housing floor space, or to deprive them of their entitlements. (x) Village councils, township governments, and county RCSOs will pay particular attention and provide special assistance to households in poverty, the disabled, and the “five guarantees” families when they relocate. If they are unable to restore their housing themselves, governments at all levels will get them removed and resettled. Two measures will be applied: To help them build new
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residences, or to purchase them housing of the same floor space and quality in the same village. (xi) The first possibility of urban residence displacement is that the people who own their residences themselves will purchase new residences and be compensated at the level of their purchase prices (i.e., compensation based on local market replacement cost). They will also be compensated for moving expenses. (xii) The second possibility of urban residence displacement is that households who bought sites in urban areas and built houses themselves will receive new house sites of equal size and as good a location as before and be given compensation for rebuilding their house as well as moving expenses. (xiii) Affected commercial buildings, factories and enterprises, which operate for profit will be rebuilt. Compensation for removal and income losses during the removal period will be paid and the market price value of the demolition location will be considered. (xiv) Two measures will be taken to relocate infrastructure. First, the project construction unit will take the responsibility for removal and replacement of the roads, telecommunication cables and power lines. The second measure is for the affected units to take charge of the reconstruction after they receive compensation. (xv) Relocation of the affected schools will be handled by compensating the unit owner, the township or village council that will be responsible for rebuilding them. If the schools will be expanded, the township or the village council will contribute the incremental cost from the governmental education fund. The PRC pays much attention to education and under general conditions, for most of the affected schools, their conditions after the removal and resettlement will be improved.
217. When a Chinese farmer needs to build a new house on the land owned by his village, he has to file an application. And this application has to be approved by the villagers through the villagers’ meeting and will be reviewed and examined by the village committee and the township government before being submitted to the county government for final approval. This kind of land allocation for building new houses is free of charge. The applicant only needs to pay a small amount as documentation and recording fee. The area of allocated homestead should not exceed the upper limit stipulated in the relevant regulation.
218. Nowadays, almost all the farmers along YWR alignment adopt new designs to build new houses. The new design occupies less land while the old design (single-story house) occupies more land. The floor space of all the new houses to be built by the resettlers will be equal to or larger than that of their original houses. The resettlers’ poultry and animal husbandry, as well as aquaculture, will not suffer negative impacts from relocation.
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1. Implementation Methods for Resettlement
219. The county-level RCSO is responsible for the work of reviewing the resettlement implementation plan for the whole county, for allocation of the resettlement funds, and for the work of preparation, monitoring and management of resettlement. It also undertakes the role of consultation and coordination with MOR. The township level railway support office, as the agency that implements resettlement, consults with the representatives of villagers and farmers’ committee to formulate a suitable resettlement plan for each village. This village level resettlement plan will be implemented by the township level railway support office and the farmers’ committee after its approval by the county level railway support office.
220. The new houses will be built by the households themselves after compensation is received. By doing so, participation of affected people is promoted, and households can control costs and maximize benefits by receiving help from relatives and friends, reusing materials from the demolished house, and using local original house materials. They can also choose the design of their new house.
2. Compensation and Transition Methods
221. Since the material from the demolished house will be used in the construction of most new houses, the new house will not be built until the old house is demolished. Two ways of accommodation are normally adopted during the transition period of 3 to 5 months: (1) Staying at the houses of relatives and friends; (2) Living in a tent erected at the new house site. Since the new house is built after the dismantling of the original house, all counties pay the household’s compensation for the transitional period.
222. Compensation is paid to the households to be resettled before the dismantling of their original houses. All the attachments to the house, such as enclosures, toilets, pigsties, courtyard wall, water wells, electric wire, fruit trees, other trees and plants belonging to the household, will also be compensated.
223. Special attention will be paid to the impoverished households and vulnerable families such as disabled households, households headed by women, and households of old people. Should they meet with difficulties in the process of transfer, relocation, and rebuilding, both the village committee and the township government will offer help. The help may be in the form of giving guidance, supplying materials, or in cash. These measures are geared to insure a smooth resettlement of the households and guarantee that the housing condition of the resettled households is better than that before the resettlement.
224. The small number of households to be resettled will receive supplementary compensation should the standard compensation not cover all the costs for replacement. The majority of these houses are the newly built brick and concrete houses concentrated in the
65 suburbs of cities and towns. The final compensation should be accepted by all of the households to be resettled so that the transfer and relocation can be carried out smoothly.
3. Preparation, Consultation, and Public Notice
225. The preparatory work for transfer and relocation started as early as when the Fourth Survey and Design Institute began conducting the location survey work. Before the construction of the Project, local people learned whether their houses will likely be demolished and relocated. Before the construction of the Project, the social and economic surveys and public participation surveys are carried out. About one half year before transfer and relocation, the railway construction units, the county-level land administrations, the county-level railway support offices, the township level railway support offices and farmers’ committees as well as other departments concerned will jointly carry out such work as the comprehensive land surveying (mapping), measuring buildings, counting the attachments belonging to households and the number of family members. The findings of the multi-party work will be documented and signed by all parties involved, including the affected households.
226. The affected households will be consulted when plans for transfer and relocation, compensation and house rebuilding are made. The consultation meeting is described in Section 6.2.1. This kind of consultation is done through many meetings until all the resettlers accept the plans completely. The plans are publicized before being put into practice. The households to be resettled will be fully aware of the related national laws, and the plans for compensation and resettlement by means of participation, consultation, mass meetings, and public notice, etc.
B. Measures To Assist With Transfer And Establishment At New Sites
227. Relocation allowances will be paid to cover the moving expenses moving of the relocated households. Relocation allowances are provided in all cases where buildings are demolished to enable the occupant of the building to move his/her belongings to the new building. In the following discussion, a detailed description of specific measures in 4 stations is provided. The stations have been selected as typical sites with a blend of similar impacts expected from other stations.
1. Reconstruction of Huayan Railway Station at Wujiagang District of Yichang Prefecture
228. The YWR will connect with Ya-Yi Line at Huayan Railway Station of Yichang Prefecture. Huayan Railway Station (originally being a general intermediate station) is going to be expanded to a district station as required by design (see Figure 7-1). According to the feasibility study design, a total of 1,159 mu of land shall be acquired, and 24,645 m2 of buildings shall be demolished at Gonghe Village and Gongqiang Village of Wujiagang District. It is preliminarily estimated that the removed households are 516 and the APs are 1,694.
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229. Gonghe Village has a diversified economy of agriculture, industry and business. The village has 271 mu of cultivate land, 744 mu of orchard, and 220 mu of fishpond. Orange trees, vegetables, and fish breeding are major means of cash agriculture of the village. The village has 71 township enterprises with a gross output value of industry of Y56,070,000 in 2001. The gross output value of agriculture of the village in 2001 was Y61,150,000. The village has a population of 1,327, and the per capita net income in 2001 was Y4,269, which is a fairly high economic level in a rural area.
230. Gongqiang Village is a village with industry and business as major means and agriculture as secondary means of the local economy. The village is located at the junction of urban and rural areas of Yichang, and it has a prosperous economy, large floating population, and rapid economic and social development. It is the forefront radiated by diversified urban economy. The village has 524 mu of cultivated land, 270 mu of orchard, and 50 mu of fishpond. There are 152 township enterprises with an employment of 413 people. In 2001, total production value of township enterprises reached Y85,980,000, and gross income of industry and agriculture reached Y102,490,000. Per capita net income was Y3,921, which is a high level in the area. The village has a population of 1,229, and 427 rural households. According to investigation, in Gongqiang Village and Gonghe Village, there are altogether 300-temporary workers are working for loading/unloading in Huayan Station.
231. Organization means of demolition and relocation: Wujiagang district government shall organize and implement land acquisition, demolition, and relocation concerning Huayan Railway Station under the leadership of Yichang Prefecture.
232. Mode of demolition: After the issue of Demolition Notice, the city land administration department shall call up a demolition meeting attended by villages and villagers whose land is to be acquired. The demolition of state-owned or collective-owned houses shall be organized by local government, and private houses shall be demolished by private owner. Compensation measures and resettlement measures shall be worked out.
233. Relocation compensation: City land administration departments and other relevant departments shall draw out a detailed compensation and resettlement program based on the approved land acquisition program and relevant national policy and local living standard. Local opinions shall be sought and heard before the program is determined.
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234. Resettlement principles: In principle, resettlement of villagers shall be finished at one time. The villagers shall be moved into new residential areas after their houses are demolished on appropriate concentration basis. Villagers of Gongqiang Village shall be moved into “Orange City Community”, and villagers of Gonghe Village shall be moved into “Group One Residential Point”, where they shall build new houses by themselves.
235. Township enterprises shall be moved into “Three Gorges Private Sector Science and Technology Park” or “Orange City Private Sector Park” in the manner of enterprises park orientation. Currently some of the enterprises are in a flat growth situation, therefore, they are worried if their production can continue after relocation. Local government shall create a good external environment for these enterprises by keeping the previous relationship of administrative subordination unchanged; keeping previous ownership unchanged; keeping previous channels of statistics and tax payments unchanged for a certain period; and letting the relocated enterprises enjoy the same preferential policies as other enterprises in the park. This will guarantee the timely rebuilding and production of the relocated enterprises.
236. Relocation of commercial buildings shall be conducted under the principle of facilitating business development. These buildings shall be built along both sides of orange city road in accordance with the city planning of Yichang Prefecture.
237. The demolished infrastructure like water supply, power supply and road shall be reconstructed in a manner of not lower than the previous standard.
238. Resettlement of villagers after land acquisition of Gonghe Village and Gongqiang Village: Currently both villages have comparatively small per capita cultivated land. After land acquisition for Huayan Railway Station, the remaining cultivated land will become even less. Therefore, farmers shall be transferred to secondary or tertiary industries. Resettlement fees shall be disbursed in the following manner:
(i) For those who have professional skills and are willing to find a job by themselves, subsidy for resettlement shall be given to them on a lump-sum basis to enable them to engage in secondary or tertiary industries; (ii) For those who live on agriculture, village level organizations shall provide appropriate cultivated land for them; (iii) For the elderly or others who cannot work, village level organizations shall provide monthly living expenses or provide a pension for them.
239. The orientation of agriculture, secondary or tertiary industries shall be:
(i) Aquatics, such as fish breeding;
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(ii) Service sector, generally on a household basis. For example, operating a shop at roadside, or putting private houses to lease; (iii) Enterprise employment. Enterprises in the park shall provide job opportunities for the villagers; and (iv) Collective economy. Both villages shall develop storage, property management and transport industries.
240. Local government shall support the economic development of the affected villages in the following aspects:
(i) Take the advantage of Huayan Railway Station to develop village-level collective economy, and let more villagers get jobs. For example, building some storage industry and goods handling industry that are supporting industries for railways; (ii) Take the advantage of Huayan Railway Station to develop local backbone industries and industries with local characteristics, to create more job opportunities for villagers; (iii) Considering the market potential of the expanded Huayan Railway Station, tertiary industries shall be developed to create job opportunities. For example, building some marketplaces around the station, which will bring along the development of transportation and businesses; and (iv) With the decrease of cultivated land, farmers shall be directed to adopt agricultural technologies, invest more into agriculture, and adjust agricultural structures with market orientation to obtain highest possible economic benefits from existing land. In the meantime, aquatic farming shall be developed to increase income of farmers.
2. Resettlement measures for Yesanguan Railway Station of Badong County
241. Yesanguan Railway Station is a county-level station located at Guxianping Village of Yesanguan Town (see Figure 7-2). According to the feasibility study by FSDI, 317 mu of land shall be acquired, and 1,990 m2 of buildings shall be demolished, involving 22 rural households and 79 people.
242. Guxianping Village has 14 groups, 313 households, and 1,225 people, among which 616 are laborers. The village has 2,592 mu of cultivated land, or 2.3 mu/person. The annual sown area of grain (multiple cropping) is 4,307 mu of cultivated land, with a total production of 655 tons. Flue-cured tobacco is the major cash crop, followed by stock raising and fruits and vegetables. The annual per capita net income is 1,420 yuan.
243. Major vegetation of the village and adjacent areas include masson pine, fir and oaks. Cash forests include traditional Chinese medicinal materials, chestnut, persimmon, pear, apple, grape, plum, etc; and small amounts of bamboo, raw lacquer, Chinese toon, and paulownia.
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244. Major crops of the village and adjacent areas include maize, paddy, wheat, potato, sweet potato, and soybean. Other crops include kidney beans, grape, peanut, cabbage, radish, and garlic.
245. The location of the station is accessible to traffic. It is 5 km from Yesanguan Town, and connects to National Road 318. It is 97 km away from the Badong County seat and 50 km away from National Road 209. There are four townships nearby, namely Qingtaiping, Lucongpo, Dazhiping and Shuibuya, which all connect to road.
246. Local counties, townships and villages all hold that the railway station will facilitate the development of agriculture, industry and secondary and tertiary industries of the village and adjacent areas, bringing along the overall development of the local economy. Well-developed traffic and increasing mobility will facilitate the building of eco-agriculture and agricultural industrialization of the village and adjacent areas. For secondary and tertiary industry, catering services and tourism shall be developed with the railway station as core.
247. Selection and distribution of house site: This work shall conform to a uniform standard as specified by local government. County government shall draw out uniform measures based on the real situation of all households to be relocated along YWR alignment, and township government shall be responsible for the implementation of these measures. House sites shall be determined within designated domain, generally 230-250 m2 per household. The type of house and building method shall be determined by the household, either employing local construction team or building houses by themselves.
248. Land acquisition and resettlement shall be primarily carried out on the spot. That is to say, agricultural resettlement shall be a major means of resettlement mainly through readjustment of cultivated land. Based on the condition that the village has sufficient cultivated land (over 2.3 mu/person), readjustment of cultivated land shall be conducted within the village with full respect of the farmer’s will, and per capita cultivated land of not less than 1.5-2 mu/person shall be guaranteed.
249. Income restoration measures for rural households:
(i) Carrying out comprehensive development of agriculture. Pushing such activities as “improving cultivated land, upgrading road, improving water supply system, changing kitchen installations, changing toilet, building production bases, and building methane tank” with emphasis on upgrading cultivated land, improving land quality, and improving agricultural production conditions. Facilitating urbanization of rural life will be emphasized. (ii) Drawing out preferential policy. Those resettlers along YWR alignment who are going to undertake secondary or tertiary industries will enjoy 3 years’ tax exemption and will have priority in getting business licenses free of charge.
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(iii) Developing processing of agricultural produce with market orientation. Speeding up the transport of products by existing traffic conditions to increase channels of income of farmers.
3. Resettlement for Yuanbao Railway Station of Lichuan City
250. According to FSDI’s feasibility study design, Yuanbao Railway Station will be located at Maozhen Village of Yuanbao Township, Lichuan City. A total of 191 mu of land shall be acquired (120 mu are cultivated land) and 1,042 m2 of buildings shall be demolished (see Figure 7-3). It is preliminarily estimated that the removed households are 13 and the APs are 49.
251. Maozhen Village is located at the northeast part of Lichuan City, beside National Road 318, and is 9 km away from Lichuan City. The village has 450 households; 1,659 people; 1,370 mu of cultivated land (763 mu of paddy field and 607 mu of dry land); 260 mu of woodland; and 7 mu of fishpond. The gross income of the village in 2001 was Y1,590,000, or per capita net income of 530 yuan. The village is a poor village, has 180 absolute poor households and 710 impoverished people. Major income of farmers includes grain planting, pig-raising, flue-cured tobacco planting, and medicinal plants.
252. Maozhen Village holds that, although 191 mu of land acquisition for the railway station will decrease the cultivated land of the village from 1,370 mu to 1,179 mu, or decrease per capita cultivated land from 0.83 mu to 0.75 mu, the railway station will bring along economic development to the village. In addition, the economic development of the village will radiate to the vicinity, and further promote the prosperity of the local economy, culture and life styles, by increasing mobility, expanding markets, promoting development of secondary and tertiary industries, increasing incomes, and pushing the process of urbanization.
253. Resettlement principle: Resettlement will place emphasis on agriculture and land redistribution will be conducted in nearby areas or within the village.
254. Resettlement plan: 170 people shall be resettled based on agriculture. In addition, resettlement shall be conducted around railway station through operating businesses, opening restaurant and catering, and materials supply and trade relying on railway.
255. The transformer substation, wire poles, village road, and stone arch bridge shall be relocated and restored.
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256. Implementation and management measures for resettlement:
(i) A railway support leading group and railway support office shall be established to coordinate various issues concerning resettlement. Each functional department shall take their respective responsibilities. (ii) Railway-affected townships shall establish railway support office, and villages concerned shall also take part in implementation work. (iii) In developing resettlement guidelines, resettlement based on agriculture and land readjustment will be emphasized. Farmer households will be able to develop sloping fields with gradients under 25 degrees to guarantee their possession of cultivated land to be at least equivalent to the original conditions. (iv) Infrastructure of the resettlement community will be built under the principle of unified planning, unified land acquisition, and clustered residential building. Favorable conditions for resettled households will be created who will be engaged in secondary and tertiary industries. (v) The resettlement fund shall receive strict supervision and management and will be fully utilized.
4. Resettlement Measures for Wanzhou County Railway Station of Wanzhou District
264. Improvements to the Wanzhou Railway Station, located at Daqiao Village of Longbao Town, Wanzhou District will cover an area of 462 mu. A total of 46,374 m2 of buildings shall be demolished (see Figure 7-4). It is preliminarily estimated that the removed households are 214 and the affected persons are 859.
265. Daqiao Village has 406 mu of cultivated land, 214 farmer households, and 859 rural people. Major income sources include crop planting, aquaculture, and manual work outside the village. The per capita net income of the village in 2001 was 2,060 yuan.
266. Resettlement for land acquisition of YWR is based on Land Administration Law of the PRC. Appropriate compensation standard and guideline measures shall be drawn out based on the situation that YWR is a key project of the PRC. The resettlement principle for YWR is smooth progress, stable resettlement, and becoming wealthier step by step.
267. The following measures shall be adopted:
(i) Improving resettlers’ housing conditions and living conditions; (ii) Creating more job opportunities through building commercial areas before railway station transferring more resettlers to tertiary industries; (iii) Providing information about employment and encouraging young people to take part in professional skills training, and providing living expenses during their study. (iv) Resettlers whose land is totally acquired shall be included in the domain of urban insurance guaranteeing minimum living standard.
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Existing Track New Track (2008) Future Track (2010,2015) Property Border
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268. The acquired land and attachments shall be compensated according to stipulations of the Law of Land Management. The new houses shall be of better quality than previous ones. In addition, such infrastructure as water supply, power supply, road and cable TV shall be provided. When selecting house sites, the places with flat terrain and provided with easy access to traffic, water supply, power supply, and cable TV shall be selected. Moving expenses shall be disbursed while they are moving and temporary housing expenses shall be disbursed according to the number of people in each household.
5. Resettlement for Enshi, Jianshi, Lichuan Railway Stations
269. The villages affected for the Enshi, Jianshi, Lichuan Railway Stations were further investigated by Hehai University. Preliminary village rehabilitation plans for each location are described in Section 9.
C. Options For Developing Relocation Sites
270. No situations are anticipated where entire villages will need to be relocated. Households will be relocated within their existing communities using "on-site relocation." No relocation sites will be developed. There are, however, several cases where a cluster of households within a village will be resettled.
271. The majority of the households to be resettled are stand-alone households or clusters of households scattered along the YWR alignment. However, at certain points, there exists the necessity of concentrated resettlement of dozens of connected households (though there is no such point where the number of concentrated households is more than 100). The concentrated resettlement is usually caused by land acquisition for a station.
D. Infrastructure For Clusters of Households
272. As described in Section 7.3, no large relocation sites will be developed. There will be clusters of households relocated near many of the railway station sites where the impact is considered significant. The local government will be responsible for planning the land development of the station areas. Some residential and commercial sites could be allocated to affected households. Infrastructure such as roads, electricity, water, sewers would be constructed prior to the occupation of these sites.
E. Relocation Of Schools
273. Some of the schools along the line will be affected by the land acquisition and need to be removed. As of the end of December 2002, FSDI has not completed the final survey for the Project. Therefore, the number of primary schools to be relocated is not known yet. Three to five
77 primary schools are anticipated to be relocated, for example, Lichuan Qingkou Primary School, Maozhen Primary School, and Zhamu Primary School.
274. For Maozhen Primary School which covers a land area 14.1 mu, some 2,319 m2 of buildings will be demolished and the school will be relocated due to the land acquisition for constructing Yuanbao Station. For Zhamu Primary School which covers a land area of 8.21 mu, about 2,000 m2 of buildings will be demolished and the school will be relocated due to the land acquisition for constructing Lichuan Station.
275. The Jingkou Green Hope primary school now has 8 classrooms, 281 students and 3 school buildings. The teaching quality of this school is relatively good and the proportion of students entering schools of a higher grade is 100%. There are two options considered: 1) To incorporate the school into the nearby Yongxing Middle School. 2) Together with the Yongxing Middle School incorporate it into the Tunbao Town Middle School. In the course of moving, if renting temporary premises is necessary, the education department and the local government will consult and solve the need together.
276. For the affected schools to be removed, the compensation shall be paid to the unit, i.e. the township or the village committee responsible for the reconstruction. The compensation fee shall meet the replacement standard, in addition, a sum of transitional fee shall be paid. If the schools need to be expanded, the township or the village committee shall pay the additional cost.
F. Relocation Of Enterprises
277. No large scale factories or enterprises will be relocated. Some township enterprises of small scale such as repair shops, small brick kilns and brickyards, small knitting mills, small rare earth material processing plants, and small limestone quarries will be possibly removed. Some of these enterprises belong to the local township governments, some to the villages and still some to individuals.
278. The relocation of these enterprises entails compensation of three parts:
(i) Compensation for workshops and other factory buildings; (ii) Equipment moving costs; and (iii) Compensation for the shutdown period.
279. These compensation fees will be paid to the owners of the enterprises. The standard for the first type of compensation (for workshops and factory buildings) is similar to the one used for housing compensation. The standards for the second and third types of compensation are negotiated between the railway and the affected parties.
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280. Townships and villages will help the affected enterprises to choose relocation sites and to rebuild and re-establish their businesses. The relocation sites for the enterprises owned by townships or villages should still be within the boundaries of their original townships or villages, while the private enterprises can rent a new patch of collective land either in their original village or somewhere else to re-establish their businesses after receiving their compensation.
G. Relocation Of Other Infrastructure
281. Other infrastructure refers to such facilities as water conservation facilities (including both drinking water and irrigation facilities), power lines, telecommunication lines, and roads. Most of those facilities are public, some of which belong to the state, some to the local governments and some belong to villages (such as the irrigation channels and county roads).
282. The three major types of measures for the recovery of the infrastructure affected by YWR are as follows:
(i) Some will be recovered directly by the railway construction unit in the process of construction, such as irrigation channels and township and village roads; (ii) Some infrastructure, such as telecommunication lines and power lines, will be relocated by the specialized organizations at the expense of MOR; (iii) Some basic public facilities, such as water towers and power transmission lines, will be rebuilt by the affected parties using the compensation fees paid by MOR.
283. Negative impacts to irrigation facilities due to the passage of YWR or its construction will cause great concern to the local farmers. There are two remedies to such problems: the railway construction unit will rebuild the irrigation facilities during the railway construction period or the affected local people will rebuild the irrigation facilities with funds provided by the related railway authority. Principles for the recovery of irrigation facilities are as follows:
(i) Complete recovery of all the functions of the irrigation facilities; (ii) All the recovery cost to be borne by the related railway authority; (iii) The irrigation facilities to be rebuilt as soon as possible so that the agricultural production in that area will not be negatively affected.
284. The specific measures for the recovery of infrastructure will be determined through negotiation with the affected parties.
H. Measures For Safeguarding Income And Livelihoods
285. In cases where a farm household loses a small part of its land and reallocation of land within the village takes place, the compensation for loss of land will be used by the village to increase the productivity of the remaining land, by, for example, installing improved irrigation
79 systems. Thus, through increased investment, the village can achieve the same, or better productivity, from a smaller amount of land.
286. In cases where commercial or industrial buildings are demolished, and the enterprise is profitable, compensation will be given to allow for replacement of the buildings so that the enterprise can continue to function at the same or an improved level.
287. In cases where most, or all, of a farm household’s land is lost and not replaced, compensation will be made to the household for investment in small business, training and education, or joining their relatives in other places or migration to elsewhere where employment or land is available.
288. Income and livelihood can only be safeguarded through these means if adequate auditing and monitoring systems are in place to assure that the requirements of PRC Law and ADB are carried out, and that the compensation reaches those who are affected. External auditing and reporting procedures will be incorporated into the RP to ensure that safeguards are met.
I. Measures For Planned Integration With Host Communities
289. There are no instances where entire villages will be resettled or moved. No problems of integration are foreseen, as the people will be resettled locally and among people of the same socioeconomic and ethnic background.
J. Special Measures For Addressing Gender Issues And Those Related To Vulnerable Groups
290. In the implementation of housing demolition and resettlement, meetings will be held with the households headed by women. The primary purpose is that same rights should be entitled for all households, such as standards of compensation, the amount of new housing, and decisions on site, discussion, participation and so on.
291. In building for new houses, the households headed by women might lack labor. Those households headed by women will get assistance and help from their relatives (the adults from the family or other families) and friends and neighbors.
292. More attention will be paid or more guidance will be provided for the new house building for the households headed by women from resettlement institutions at all levels (such as county-level railway support offices and the township level railway support offices) and farmers' committees.
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293. During housing construction and removal, village councils, township governments and RCSOs will assist affected households. If there are any difficulties, governments at all levels will work together to help in resolving problems.
294. Governments at all levels will provide special assistance to households in poverty, the disabled, and the "five guarantees" families when they relocate. If they are unable to restore their housing themselves, governments at all levels will get them removed and resettled. Two measures will be applied: To help them build new residences, or to purchase for them housing of the same floor space and quality in the same village.
K. Management Of Environmental Risks
295. If environmental problems occur during resettlement, management of these problems will be the responsibility of local authorities who are charged with implementing resettlement. Local authorities have their own environmental agencies. Monitoring of environmental problems that occur during resettlement will be assigned to the agency responsible for monitoring environmental compliance for the Project as a whole. The Project’s Environmental Impact Assessment reports include further details on environmental risks, impact mitigation measures, and monitoring mechanisms for the Project.
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VIII. INCOME RESTORATION STRATEGY
A. Livelihoods At Risk
1. Local Land Resources
296. Land is the lifeline of peasants. Land is the basic means of production relied upon by farmers for subsistence. Their various productive activities are all directly or indirectly conducted on the land, such as planting of crops, vegetables, fruit trees, industrial crops; growing trees and mushrooms; breeding of pigs, oxen, sheep, and poultry; fish farming and other types of aquaculture; as well as food processing and production of articles for daily use. The agricultural development strategies of various PRC agriculture divisions—namely the integrated development of agriculture, forestry, animal husbandry, fishery and diversified business, etc.—are all based on land.
297. Being a mountainous area, population density on major sections of the YWR alignment is comparatively low. Per capita cultivated land is also low, but the mountain resources are rich and have much development potential. These mountainous lands can be further developed by: (1) creating cultivated land from hillside land by trimming, benching, and providing irrigation and drainage; (2) planting fruit trees, mushrooms, bamboo, etc; and, (3) exploiting the forestry base by raising fast-growing and high-yield trees for pulp and timber.
298. It will bring enormous benefits to the local people of the counties along the YWR alignment if the natural resources are efficiently developed. The transport bottlenecks have restricted development because of high delivery costs, and the inability to realize the commercial value of natural resources and agricultural and industrial products. These bottlenecks prevented the local peasants from getting the incomes possible from their land and labor. Once the transport conditions are improved by provision of convenient, low cost railway transport, as well as additional link roads and upgraded highways, the rich cultivated lands, mountain resources, and mineral resources will be better utilized to bring more benefits to the local people.
2. Local Agriculture and Income Sources
299. Grain production has been the major productive activity for the rural people of this area, supplemented by small amounts of aquaculture and poultry, as well as the raising of some cash crops. The production and economic focus is basically subsistence small farming. Today, most peasants can produce enough grain to be self-sufficient. Cash crops, service trades, and aquaculture and poultry industries are underdeveloped. The strategy for local agricultural development is to focus on the development of market-oriented agriculture and related processing in order to create high value-added products for domestic and international markets. In fact, the various divisions and relevant organizations at the prefecture, county, and township
82 levels have very good understanding of existing and potential markets and have sound development plans, and strategies.
300. Along the area affected by YWR construction—roughly 390 km long, and depending on topography, between 20 and 90 km wide, some rural households are in significant poverty, and most live their lives at a very low standard with barely adequate food and clothing. However, there is a small portion of peasants who live a life much better off. These rich peasants are found chiefly in the towns and suburban districts of the cities. Their income is from vegetables with high market values, from fruit or other cash trees, from processing agricultural products, trading, service industries such as transportation or restaurants, and/or from employment in nearby towns or cities. With a good economic base, these peasants’ living standard has improved, enabling their children to receive better education. These well-off households demonstrate the potential for development along the YWR alignment.
B. Income Restoration Strategy During The Construction Period
301. During the land acquisition, removal and resettlement, the life and production activities of the people will be temporarily impacted and even interrupted. Various compensations will be provided to the people impacted during this period as outlined in this Report. Compensation should be paid to the peasants before the land acquisition and demolishing of their existing houses. The compensatory payments shall cover all of the following: young crops, trees, fruit trees, auxiliary facilities, houses, removal, and fees for the transitional period.
302. The compensatory payment for the land acquisition should be given to the collective village for its expansion of the production area or to adjust and re-allot the land to the impacted peasants.
303. In addition to the above cash compensation, special aid and attention should be also given to the people impacted by resettlement such as defining and providing new land areas free of charge for the impacted settlers to build new houses; giving guidance in the purchase of construction materials; and trimming of the new house’s bases. Special concern should be given to the weak and disabled people.
304. During the construction of the YWR, the railway will employ many unskilled workers. Most of these employees with a salary amounting to Y20-30 per day shall come from the local villages. This will be a significant opportunity for the APs.
305. Poor people from the impacted households will have priority in employment during YWR’s construction. The railway support offices from the counties and townships will work with the construction and engineering contractors and/or their subordinate construction teams to implement these preferences.
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C. Income Restoration Strategy
306. Generally, there are two models of income restoration after land acquisition. One is to develop and make best use of the remaining land so as to increase the unit output. In this model, the affected people are mainly resettled on agricultural land reallocated within their village. It is estimated that most of the affected people will continue working in agriculture9. The second approach is to develop industry and commerce so that the affected people can transfer to gainful employment in manufacturing, transportation and trade. This is called non-agricultural resettlement.
307. The following local strategies have been discerned from discussions with local government officials. These strategies are not meant to be comprehensive, exhausting all pertinent measures associated with income restoration. They are listed here to show the variety of strategies being considered based on unique local conditions.
1. Yichang Prefecture
308. Fully develop agricultural land resources, for example, develop the uncultivated land into farmland, and popularize and implement high-efficiency agriculture. Dianjun District has the land reserve for cultivation and favorable conditions for high-efficiency agriculture.
309. Lianpeng Village of Dianjun District introduced high quality grapefruit from Japan; Dianjun Village plants good quality oranges named “Long March No.1”; Tuqiao Village focuses on silkworm farming to increase the farmers’ income; Hejiaping Town of Changyang County develops non-polluted vegetable planting, high mountain tea planting, and sheep and goat raising to have a better result.
310. For different land, developing costs are different. Investment can be reduced through organizing rural laborers for land development by the local government. Farmers are highly motivated for land development. In addition, high-efficiency agriculture may bring farmers many benefits, which needs direction and organization by the local government.
311. Issues of changing from “agricultural to non-agricultural” status has lost attraction to farmers, because enterprises seldom hire new workers, and the high-risk enterprises under the market economy cannot guarantee a long and stable employment and income. Therefore, capable farmers prefer monetary compensation (find a job by themselves after getting compensation fees).
9 It should be emphasized that although most people will be primarily employed in agriculture, about half of their income is derived from non-agricultural activities.
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2. Enshi Prefecture
312. There is large potential for improvement of cultivated land in Enshi Prefecture. The cultivated land in Enshi is of poor quality. Sloping field covers a major part of the total (fields with gradient of less than 6 o only cover 7% of the total, the remaining are almost sloping field). The land with a soil thickness of less than 30 cm and cultivated layer of less than 10 cm covers 80% of the total cultivated land, and 90% of the cultivated land is not equipped with irrigation facilities.
313. The 10,000 mu of flooded land of Baiguo Village of Enshi Prefecture was upgraded, and water shield was planted there for export to Japan, reaching an output value of Y2,000/mu. The 75 hectares of waterlogged land was converted into fertile land through building drainage works.
314. In Badong County there is a village called Leijiaping along the Yangtze River, which is a resettlement point for migrants from the Three Gorges Area. The income recovery measure is: Slope fields were converted into terraces where grains were planted; fruit trees were planted surrounding the terraces; coarse food grains were used for pig raising (3–5 pigs per household); manure from pigs were used as fertilizer for soil improvement; a methane tank often under the sty was built for each household, which produced methane as fuel for cooking, heating, and illumination. Methane wastes and methane fluid may be used as fertilizer for cultivated land. The methane tank has seen good effects. Farmers stopped chopping brushwood as fuel, and they saved expenditure on fuels.
315. Land acquisition and resettlement shall be primarily carried out on the spot for Badong County since this county has much per capita land area. That is to say, agricultural resettlement shall be a major means of resettlement mainly through readjustment of cultivated land. Since the village has sufficient cultivated land, readjustment of cultivated land shall be conducted within the village with full respect of the farmer’s preference. Per capita cultivated land of not less than 1 mu shall be guaranteed.
316. Income restoration measures for rural households of Badong County will include:
(i) Carrying out comprehensive development of agriculture. Pushing such activities as “improving cultivated land, upgrading road, improving water supply system, changing kitchen installations, changing toilet, building production bases, and building methane tank” with emphasis on upgrading cultivated land, improving land quality, and improving agricultural production conditions. This will facilitate urbanization of rural life. (ii) Drawing out preferential policy. Those resettlers along YWR alignment who are going to undertake secondary or tertiary industries will enjoy 3 years’ tax exemption and will have priority in getting business licenses free of charge.
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(iii) Developing processing of agricultural produce with market orientation. Facilitating transport of products to increase sources of income for farmers.
317. The basic principle of land acquisition and resettlement of Badong County is implementing agricultural resettlement through a decentralized approach.
318. Jianshi County may determine its resettlement program through borrowing resettlement experience from other projects in Enshi Prefecture and considering actual conditions of the county. The unused cultivated land shall be put into full use for readjustment of cultivated land, guaranteeing each household has basic cultivated land sufficient for supporting its needs. The resettlement mode combining centralized and decentralized resettlement shall be adopted, with decentralized resettlement as a major strategy. A resettlement point is proposed to be built near Anlejingg for part of the households. Cash compensation will be also available according to the wish of some APs to seek a livelihood by themselves.
319. A detailed resettlement plan and compensation report and resettlement implementation report of Jianshi County shall be prepared before land acquisition and demolition. Survey on households shall be conducted to fix data on population, area of houses, amount of attachments, amount of cultivated land, mountains, forest, etc. The calculation of production resettlement fees, economic compensation fees, relocation compensation fees and transition subsidy shall be conducted at the village level, group level and household level. These fees shall be disbursed to each household according to the progress of demolition.
320. Readjustment of cultivated land after land acquisition of Jianshi County shall guarantee that each household have at least 1 mu of cultivated land. Local governments shall organize resettlers to learn agricultural science and technology, and encourage them to develop crop planting and aqua farming. The living standard of resettled people shall be kept at the same level as or exceed the previous living standard.
321. The Jianshi County Government realizes that the key tasks of government are to make practical and applicable resettlement policy and measure, to organize and direct resettlement work, and to enhance management and supervision. Local government shall place great importance to resettlement for the railway, and put the work into its key working agenda.
3. Wanzhou Prefecture
322. The orientation of agriculture, secondary or tertiary industries of the Wanzhou area after land acquisition will be:
(i) Emphasize aquatics, such as fish breeding; (ii) Encourage the service sector, generally on a household basis; for example, operating a storefront at road sides, or putting private houses to lease;
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(iii) Focus on enterprise employment. Enterprises in the park shall provide job opportunities for the villagers; and (iv) Stress collective economy. Two local villages will work together to develop storage, property management and transport industries.
323. Wanzhou government shall support the economic development of the affected villages in the following aspects:
(i) Take the advantage of Wanzhou Railway Station to develop village-level collective economy, and let more villagers get jobs, for example, building some storage operations and developing storage industry and goods handling industry that are supporting industries for railways; (ii) Take the advantage of Wanzhou Railway Station to develop local backbone industries and industries with local characteristics, to create more job opportunities for villagers; (iii) Considering the market potential of the expanded Huayan Railway Station, encourage tertiary industries to create job opportunities; for example, building some marketplaces around the station, which will bring along the development of transportation and retail business; and (iv) With the decrease of cultivated land, farmers shall be directed to adopt agricultural technologies, invest more into agriculture, and adjust agricultural structures with market orientation to obtain highest possible economic benefits from existing land. In the meantime, aqua farming shall be encouraged to increase income of farmers.
D. Job Creation Plan
324. If the village cannot reassign land to the relocated farmers, several other strategies can be used. Two measures are used for non-agricultural resettlement:
325. Village collectives use compensation received to develop manufacturing or service industries. For instance, they can set up markets, hotels, commercial housing, and food processing facilities around newly built railway stations. Incomes from these activities will be placed into unified accounts. Part of the funds will be spent on increasing production, part on public welfare, and part will be disbursed to villagers. All villagers own a share of the village collective properties (similar to a stock ownership system). Village laborers can also be employed by these establishments. In addition, villages affected around railway stations will organize loading and unloading teams and transportation teams to get villagers employed directly in service of railway stations (especially in freight stations). Such loading and unloading teams or transportation teams belong to village collectives. The teams are not considered railway staff.In the existing Huayan Station, there are over 300 villagers from the villages near the station working as cargadors in the station. Some collectives and households with certain
87 economic strength organize automobile teams as the supporting facilities of the station freight yard and they have better benefits.
326. Compensation received is disbursed to resettlers living close to downtown and craftsmen with special skills to become self-employed. They can use the compensation to open and operate small shops, repair stores, handcraft workshops and work as craftsmen with special skills. The passenger and freight stations will provide affected people with many opportunities for this type of service business. 327. The railway passenger stations will provide APs with opportunities for developing service establishments. Regardless of whether a station is for passenger transportation or for cargo transportation, it will directly create substantial development possibilities for trades, restaurants, hotels, commerce, and other service businesses.
328. The freight stations will also provide APs with opportunities for organizing loading and unloading teams. Most loading and unloading work at railway stations depends on human labor in the PRC. These operations can create significant employment opportunities.
329. In addition to organizing loading and unloading teams, villages affected can also build commercial buildings or produce markets. These are also effective measures of resettlement. People affected can run businesses in the buildings and at the markets or rent them to others to receive rental income.
330. Village collectives must use land compensation for land amelioration, farmland basic construction, improvements in water irrigation facilities, developing manufacturing and service industries, or for the public benefit of the village collectives and for the general welfare of villagers.
E. Enterprises Relocation And Restoration Plan
331. Compensation for enterprises and businesses forced to relocate includes sufficient funds to replace facilities taken (size and quality of space), for moving and other relocation costs, and for lost income during the transition period.
332. Buildings and structures for affected business operations and industrial enterprises will be replaced. Compensation will include moving expenses and losses due to down time. The market-priced values of buildings demolished are also included in the plan.
333. Two measures will be taken to restore infrastructure. First, the Project construction unit will assume responsibility for removing affected roads, telecommunication cables and power lines. Second, units affected will take charge of restoration after they receive compensation.
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334. Removal of affected schools will be handled by compensating the owners (township governments or village councils) who will be responsible for rebuilding the schools. Buildings for public use will often be enlarged when new ones are built to replace the old ones. This is especially the case in less developed regions where schoolhouses are very shabby. People tend to put up better buildings when the old ones are demolished. The additional costs for expansion and improvement will be borne by the local government.
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IX. VILLAGE REHABILITATION PLANS
A. Background
1. Objectives
335. The objectives of the village rehabilitation plans are to ensure the restoration of livelihood of people in each of the most severely affected villages; identify the adverse impacts of the Project on vulnerable groups and recommend measures to ensure they will substantively improve their livelihoods after resettlement. Village rehabilitation plans for three railway station sites in Enshi Prefecture (Jianshi - Anlejin Village; Enshi - Fengxiangping Village; and Lichuan - Zhamu Village) are prepared as examples. Under the guidance of the RCSO, other affected village rehabilitation plans will also be prepared by each station affected village committee, and submitted to RCSO for approval before the village is affected.
336. To achieve the objectives, a local resettlement specialist with the assistance of FSDI and Enshi prefecture government conducted the three plans from 14 January to 14 March 2003 On the basis of the discussion and consultation with affected people, leaders of village, and relevant local government, three station affected village rehabilitation plans were prepared. The data and information presented in this Section are mainly based on the consultation and interviews with the local people during the above study period.
2. Methodology
337. The village rehabilitation plan presented in this report follows closely the ADB Handbook on Resettlement, A Guide to Good Practice. The basic approach to understanding the fundamental socioeconomic conditions in the project affected areas centers on a careful review of existing village and household socioeconomic data and field visits to Fengxiangping village and Xiaolongtan village of Enshi railway station site, Xiao Yamen village and Anlejing village of Jianshi station site, and Wang Jiawan village and Zhamu village of Lichuan station site.
338. During the stury and survey, extensive discussions were held with officials from county governments, townships, villages and selected households with the aim of identifying the basic socioeconomic status of affected households, poor or minority groups. Special attention was given to seeking the options of village rehabilitation.
339. Using participatory rapid assessment methodologies and a sample survey of 128 households in 3 affected villages, in each village, most of the affected households (see Table 9-1) were selected to collect substantial data and qualitative information on prevailing socioeconomic conditions, project impacts, and potential livelihood restoration options. The data included: (i) views on project construction and how their assets will be affected (ii) their
90 awareness of land compensation policies, and (iii) suggestions and options on how their livelihood will be restored.
Table 9-1: Household Sample Survey Scope in Three Affected Villages Fengxiangping Anlejing Zhamu Total Item AP Sample AP Sample AP Sample AP Sample % % % % HH HH HH HH HH HH HH HH
Land and Housing 61 40 65 39 20 50 22 12 50 122 72 59 Impacts
Land impacts only 56 20 35 26 19 73 34 17 50 116 56 48
Total Affected 117 60 50 65 39 60 56 29 50 238 128 53
B. Fengxiangping Village (Enshi Station Site) Rehabilitation Plan
1. Enshi Station Site Characteristics
340. Enshi station is the central station of Enshi Prefecture. According to the staking survey of FSDI, the site of Enshi Station was chosen at Fengxiangping Village of Wuyangba Township and Xiaolongtan Village of Longfeng Township.
341. Natural conditions of Fengxiangping Village: It is located at the outskirts of Enshi city, 5 km from the city center. It belongs to the city zone according to the 15th planning of Enshi city. The village land area is 4200 mu, of which 2300 mu are cultivated land. It is typical hilly ground and height above sea level is 450 m. It is mountainous cloudy climate of subtropical continental monsoon with the fertile soil adapting to the growth of all kinds of crops.
342. Socioeconomic state of of Fengxiangping Village: There are many construction projects relating to Fengxiangping Village, such as Enshi airport, waterworks, economic technology development area of Hongmiao, the 318 national highway and irrigation. There are 21 villager groups, 1,135 households and 3,827 persons with peasant population of 3,774 and farming labour force of 1,195. The annual gross income of the rural economy is 1,304 ten thousand yuan and the average net income of a peasant is 1,877 yuan. The main sources of income are efficient agriculture and hog raising, while the secondary and tertiary industries are exploitation and labor exportation. In 2000, the gross output of food supplies of the whole village is 560.5 tons comprising 37.5 tons of wheat, 345 tons of paddy, 25 tons of corn, and 113 tons of sweet potato.
343. The socioeconomic level of Fengxiangping Village in Enshi city: Fengxiangping Village belongs to the city zone according to the 15th planning of Enshi city. The major construction projects such as the Enshi airport, waterworks, economic technology development area of
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Honhmiao, the 318 national highway, and irrigation project, bring favorable development opportunities to the village. It is at a high level of socioeconomic living standard in Enshi city due to flat topography, fertile soil, concentrated population, good climate, developed farmland and good water supply. Consequently, the people have a comparatively high degree of land utilization, advanced agriculture production, higher standard of living, and most housing is western-style buildings.
2. Enshi Station Site Impacts
344. The Enshi station will affect the villages of Fengxiangping and Xiaolongtan. The impacts include permanent land acquisition of 1,117 mu, temporary land occupation of 103 mu, and 65 houses with 284 persons will be demolished with an area of 15,755 m2. The impacts on Fengxiangping Village include 707 mu of affected land (of which 314 mu cultivated), 40 mu of wasteland being occupied temporarily, 117 affected households, 410 person, in which there are 61 households and 268 persons will be affected by house demolition totaling 14,800 m2. There are 10 kinds of infrastructures to be affected.
3. Compensation Rates
345. The compensation for land is considered in terms of mu and is 6 times the average annual agricultural output value. While the resettlement subsidy is considered in terms of each person. Fengxiangping village has 0.6 mu of cultivated land per capita, the subsidy multiplication factor per mu for people’s resettlement is 7 times the output value.
346. According to the survey, average output of 3 years for all kinds of land in Fengxiangping Village is Y1,000/mu for irrigated land, Y800/mu for dryland, Y1,200/mu for vegetable land, Y700/mu for orchard; Y300/mu for forest land and Y500/mu for housing plots. Land compensation and subsidy for resettlement will be Y13,000/mu for irrigated land, Y10,400/mu for dryland, Y15,600/mu for vegetable land, Y9100/mu for orchard; Y3,900/mu for forestland and Y6,500/mu for housing plots.
347. The permanent compensation for resettlement is Y5.7577 million, of which the land compensation for resettlement is Y2.657 million and subsidy for resettlement is Y3.100 million, which is 20 times the annual output, and 35 times the annual net output. There are 63 mu of wasteland borrowed for temporary use, lasting 3 years, and compensation rate is Y100/mu per year, and the total compensation is Y18,900. The compensation rate for young crops is Y500/mu for irrigated land, Y400/mu for dryland, and Y600/mu for vegetables, which are compensated according to the output of one season. The total compensation for young crops is Y157,000, and for trees Y128,600.
348. Based on the replacement cost, the compensation rate for demolished housing is Y280/m2 for brick-concrete structure, Y180/m2 for brick-tile structure, and Y60/m2 for simple
92 structures; totalling Y3.006 million for house compensation. The compensation for loss of other assets such as waterwell and graves is Y25,400.
349. Compensation rate and compensation for infrastructure can be decided under the principle of resettlement cost, which totaled Y1.929 million.
4. Rehabilitation Plan For Houses
350. 61 Households have to be demolished for the construction of Enshi Station, with an area of 14,800 m2, in which there are 27 households, brick-concrete structured, with an area of 5,777 m2, 34 households, brick-tile structured, with an area of 7,063 m2. The sampling survey shows that 42.6% of affected houses were constructed before 1990, most of which are brick-tile structured with construction cost of Y165/m2; 57.4% of affected houses were constructed after 1990, most of which are brick-concrete structured with a construction cost of Y266/m2.
351. Combined with the plan in the Enshi Station area, a resettlement community will be built in Fengxiangping Village, and streets and shops will be constructed. The sample survey shows that 90% of the resettled households wish to move to commercial building along the street. and the local government will be responsible for the construction of water mains, electricity supply and roads. Housing foundation will be provided by by the village committee without pay, the demolished will choose the housing plots by drawing lots, and new houses will be constructed by the APs themselves. If the old house is demolished before the new one is built, transition subsidies (4 months), at Y100/month per household) will be paid to the affected household so that they can rent a residence during transition. New sites necessary for housing construction will be allocated for free to the affected households. In case the APs are resettled in new residences built within the same village, they are still entitled to get moving allowance of Y200 per household.
352. Planned area of community in Fengxiangping Village is 120 m2 per household, and cost for house construction is Y280/m2. There are 27 demolished households, whose houses are brick-concrete structured, among which there are 2 households whose houses are less than 120 m2, who can use their savings to build larger houses; 34 demolished households, whose houses are brick-tile structured, among which there are 14 households whose houses are less than 187 m2 (compensation for 187 m2 can be used for building 120 m2 brick-concrete structured house).
353. The causes for the poverty are that households have members who are handicapped, or the household has a lack of laborers. Main sources of family income are planting, breeding or temporary work in spare time, with average net income per year of about 600yuan/person, and their houses were constructed before 1980, with the area of about 140 m2. In survey, the poor
93 households wish to move to the planned place near to railway station, but they worry about insufficiency of fund for house construction.
5. Income Restoration Plan
354. A total of 707 mu of land in Fengxiangping Village should be acquired for construction of Enshi Station, which accounts for 16.8% of total area (4,200 mu) of the village, among which 314 mu cultivated land should be acquisitioned, accounting for 13.6% of total cultivated land (2,300 mu) of the village, with 117 households, 410 persons to be affected by the land acquisition, among which there are 61 households, 268 persons, whose houses are to be demolished; 15% of APs’ cultivated land will be acquired completely. Average cultivated land before the land acquisition is 0.6 mu, and 0.5 mu after the land acquisition. The sample survey shows that 10% of APs think that the great impacts on family income are substantial; 90% of APs think that the impacts on family income are not serious, because only 29% of family income is mostly from planting, and 71% is mostly from working outside.
355. The construction of Enshi Station has long been awaited by villagers of Fengxiangping since old generations. Although the land to be acquired is fertile, cultivated for many years, with high quality, fertility, equipped with relatively perfect water resources facilities, and land acquisition and will lead to direct losses, which may bring significant impacts on the income of the villagers of Fengxiangping, the benefits will outweigh the disadvantages. Fengxiangping Village will be brought into the general plan of Enshi Station after the construction of Station, the secondary and tertiary industries can be developed, such as business service, and transaction on local specialty. In addition, with the construction of the Station, the value land will increase.
356. The possible measures for income restoration of Fengxiangping Village are as follows: the total of capital needs Y12.85 million, the capital sources from Collective Compensation, Individual Compensation, Individual Loans or Savings and others.
(i) To improve the land quality – 250 mu land with low production will be upgraded, and economic crops are to be planted, such as lotus root. The average investment for 1 mu is Y1,000, or Y250,000 in total. The gross income per mu will increase by Y500 per year and net income will increase by Y250 per year. 250 persons of the 410 APs will benefit from a Y250 increase in annual net income per capita. (ii) Around 100 mu vegetables in greenhouse is to be planted. The investment per mu is 2,000 yuan, 200,000 yuan in total. The gross income per mu will increase by 1000 yuan per year and the net income will increase by 500 yuan per year. 160 persons of the 410 affected persons will get benefit, with 313 yuan increase in annual net income per capita.
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(iii) A street for business and trade is to be constructed. 150 shops with 120 m2 per shop are to be built at a cost of Y600/m2 (including Y320/m2 of land value). The total investment is Y10,800,000, among which there are 61 shops constructed by the resettled households, with housing sites provided for free, and the cost of building the 61 shops by themselves is Y2,050,000. On the wishes of villagers, Y5,940,000 of land compensation and subsidy for resettlement is invested, and the remaining Y2,810,000 is invested by other villagers or by outside businessmen. 150 households, or 506 persons will benefit from the new shops. Each household can earn Y2,400 per year if the shop is leased out; the net income is Y2,040. (iv) Bazaar market is to be built. Bazaar market of 4,000 m2 near the Station is to be constructed with 100 stalls. The investment is 1,600,000 yuan, which can be got from attracting the investment. The resettlers of Fengxiangping Village will have the priority to rent stalls, with tax exemption for a half year. 100 households will get benefits. Villagers can rent a shop and earn 8,000 yuan each year and increase their per capita income by 1,543 Yuan per household after deduction of rent that is payable to the village committee. (v) Work opportunities will be provided during the construction of the Station (lasting about 3 years). The labors affected by the land acquisition will get the priority to be employed. There are 300 labors in village, accounting for 25% of total labors in village, who can work 250 days per year during the construction of the station. They can get 20 yuan per day, and annual income is about 5,000 yuan. (vi) Labor opportunities will be provided in the provision of goods and services after the construction of the Station. Laborers affected by the land acquisition have the priority to be employed, about 20 labors will get benefit, and their annual income is up to 5,000 yuan.
C. Anlejing Village (Jianshi Station Site)
1. Jianshi Station Site Impacts
357. Jianshi Station is the station at the level of county. According to the staking survey of FSDI, the site of Jianshi Station is chosen at Alejing Village and Xiaoyamen Village of Yezhou Town, Jianshi County.
358. The Station site is located 4.2 km from Jianshi city center. The existing villages have 13,800 mu of land area, of which 3,181 mu is cultivated land. There are 948 households and 3,318 persons with a population of 3,318. The farming labor force is 1,351, 41% of total population. And there are 638 households of minority nationality, 63% of total population, which are mainly Tujia minority nationality. The average house area is 38 m2 per person which is mostly brick & tile houses. The gross income of the two villages is 5.02 million yuan and the
95 average net income per capita is 839 yuan, of which 23% is from crop planting and 24% is from hog industry. Anlejing village is the typical poverty village of 2001 affirmed by the State.
2. Enshi Station Site Impacts
359. Jianshi Station will require permanent land acquisition of 840 mu, temporary land occupation of 55 mu. There are 49 households (171 persons) whose houses will be demolished, with 12,095 m2. 580 mu of land to be acquired is (thereinto) in Anlejing Village, of which 346 mu is cultivated land and 50 mu is wasteland being occupied temporarily. The village will have 65 affected households (227 persons), of which 39 households (136 persons) will be affected by house demolition of 9,447 m2. There is one kind of infrastructure to be affected.
3. Compensation Rates
360. The compensation for land is considered in terms of mu and is 6 times the average annual agricultural output value. The resettlement subsidy is considered in terms of each person. Anlejing village has 0.96 mu of cultivated land per capita, the subsidy multiplication factor per mu for people’s resettlement is 4 times the output value.
361. According to the survey, average output of three years for all kinds of land in Anlejing Village is 800 yuan/year for dryland and 300 yuan/year for forest land. Land compensation and subsidy for resettlement are 8000 yuan/mu for dryland and 3000 yuan/mu for forest land.
362. The total compensation for permanent land acquisition is 3.47 million yuan, of which the land compensation is 2.082 million yuan and subsidy for resettlement is 1.388 million yuan, which is 10 times of annual output. There are 50 mu wasteland borrowed for temporary use, lasting 3 years, and compensation rate is 100 yuan/mu per year, then the compensation is 15000 yuan. Compensation rate for young crops is 400 yuan/mu for dryland, which is compensated according to the output of one season. The total of compensation for young crops is 138 thousand yuan, and for trees is 8.34 thousand yuan .
363. Based on the replacement cost, the compensation rate of lost housing is 280 yuan/m2 for brick & concrete structure, 180 yuan/m2 for brick & tile, and 60 yuan/m2 for simple structure. The total of house compensation is 1,940,000 yuan. The compensation for loss of other assets, such as graves, is 2,700 yuan.
364. The compensation rate and amount for infrastructure can be decided with the principle of replacement cost, which is estimated as 15.7 thousand yuan.
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4. Rehabilitation Plan For Houses
365. 39 households need to be demolished for construction of Jianshi Station, with the floorspace of 9,447 m2, in which there are 20 brick-concrete houses with the area of 3,614 m2; 12 brick-tile houses with the area of 4,222 m2; 7 earth-wood houses with the area of 1,179 m2. Sampling survey shows that 44% of affected houses were constructed before 1990, most of which are brick-tile or earth-wood structured with construction cost of 177 yuan/m2 for brick-tile structured, 115 yuan/m2 for earth-brick structured. 56% of affected houses were constructed after 1990, most of which are brick-concrete structured with construction cost of 273 yuan/m2.
366. Combined with plan of Jianshi Station, the resettlement community will be built, and streets and shops will be constructed. Sampling survey shows that 90% of resettled households wish to relocate along the new commercial street to own shops. The local government is responsible for the construction of water access, electric power access and road access. Housing plots are provided free by the village committee. The resettlers choose the housing plots through drawing lots, and new houses are constructed by themselves. If the old house is demolished before the new one is built, transition subsidies (4 months at 100 yuan/month), will be paid to the affected household so that they can rent a residence for transition. Each relocated household is entitled to moving fees of 200 yuan per household.
367. Planned housing area for Anlejing Village is 120 m2 per household, and cost for house construction is Y280/m2. There are 20 affected households, whose houses are brick-concrete structured, whose houses are less than 120 m2; 12 affected households, whose houses are brick-tile structured, among which there are 9 households, whose houses are less than 187 m2, (compensation for 187 m2 can be used for building 120 m2 brick-concrete structured house). There are 3 households among the 9 households whose houses are earth-wood structured, and there are 7 households with housing area less than 276 m2 (compensation for 276 m2 can be used for building 120 m2 brick-concrete structured house), and there are 2 poor households among the 7 households.
368. The people are poor because they lack income sources. Main sources of family income are planting, breeding or temporary work in spare time, with average net income per year of about Y500/person, and their houses were constructed before 1980, with an area about 120 m2. In the survey, the poor households wish to move to the planned place near the railway station, and they worry about insufficient funds for house construction.
5. Income Restoration Plan
369. A total of 580 mu of land in Anlejing Village should be acquired for construction of the Jianshi Station, which accounts for 4% of total area (4,200 mu) of the village, among which 346 mu of land is cultivated land, accounting for 12% of total (3,181mu) of the village. 65 households (227 persons) will be affected by the land acquisition, among which there are 39 households
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(136 persons) whose houses are to be demolished. Average cultivated land before the land acquisition is 0.96 mu, and 0.85 mu after the land acquisition. The sample survey shows that 13% of APs think the impacts on family income are great; 67% of APs think the impacts on family income are not serious, because 49% of family income is from planting, and 11% is from raising hogs.
370. The construction of Anlejing Station will bring negative effects on villagers. But the benefits will exceed the disadvantages. Anlejing Village will be brought into the general plan of Jianshi Station. After the construction of the Station the secondary and tertiary industries can be developed, such as business service and sales of local specialty. At the same time, the villages will have a piece of land. In addition, the prices of primary products will rise with the construction of the Station, and output of unit land will increase.
371. The possible requirements for income restoration of Fengxiangping Village are as follows: the total capital need Y7.02 million, which will be raised from collective compensation, individual compensation, individual loans or savings, and external investors.
(i) To improve the quality of 60 mu of land with low production. Economic crops are to be planted, such as vegetables during off-season. Average investment for 1 mu is Y1,000, or Y60,000 in total. The gross income per mu will increase by Y500 per year and net income will increase by Y250 per year. 150 of the 227 APs will benefit from a Y100 increase in annual net income per capita. (ii) The street, with business and trade, is to be constructed. A total of 80 shops with 120 m2 per shop at a cost of Y600/m2 (including Y320/m2 of land value) are to be built with a total investment of Y5,760,000. 39 shops will constructed by the resetters, with housing plots provided for free, and the cost for building by themselves is Y1,310,000. On the wishes of villagers, Y3,090,000 of land compensation and subsidy for resettlement can be invested, and the rest can be invested by other villagers or by outside businessmen. 135 households (280 persons) will get benefit of about Y2,400 per year if the shop is leased out, and net income is Y2,040. (iii) A bazaar market of 2, 000 m2 near the Station is to be constructed with 50 stalls. The investment is Y1,200,000, which can be raised from attracting investments. The resettlers of Anlejing Village have the priority to rent stalls, with tax exemption for a half year. 50 households (175 persons) will get benefits, and annual income is Y8,000. After deducting rent, etc., there will be a Y1,371 per year increase in net income. (iv) Work opportunities will be provided during the construction of the Station (lasting about 3 years). The laborers affected by the land acquisition will get the priority in employment. There are 300 laborers in the village, accounting for 22% of total
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laborers in the village, who can work 250 days per year during the construction of the station. They can get Y20 per day, and then annual income is about Y5,000. (v) Labor opportunities will be provided in the provision of goods and services after the construction of the Station. Laborers affected by the land acquisition have the priority to be employed; about 15 laborers will get benefit, and their annual income is up to Y5,000.
D. Zhamu Village (Lichuan Station Site)
1. Lichuan Station Site Impacts
372. Lichuan Station is a county level station. According to the staking survey of FSDI, the site of Lichuan Station will be at Zhamu Village and Wangjiawan Village of Duting Town, Lichuan County Duting Town, southward of the city zone of Lichuan, 1.3 km away from the city center.
373. Zhamu village is located at the place of city combined with the county, which is within the scope of city planning. There are 10 villager groups and 520 rural households totaling 1,874 persons, 760 laborers. Furthermore, there are 610 urban households with 2,100 persons. The average net income of a farmer is Y2,189 and the average grain production is 375 kg. There is a primary school with 12 teachers and staff. Infrastructure such as road, water and power supply, telephones have been provided for some households. In general, the living condition is better than the other villages in Lichuan.
374. There are 1,690 mu of cultivated land area (1,200 mu of paddy field, 470 mu of dryland) with 0.9 mu of average cultivated land area per person. There are 900 mu of mountainous area, 4,538 mu of forest land, 201 mu of residential land, and 98 mu of land for roads. The land acquid for the station will decrease the cultivated land of some villagers.
375. Lichuan Station will require permanent land acquisition of 374 mu, temporary land occupation of 73 mu, and 22 households, 79 persons, whose houses will be demolished, with an area of 12,570 m2. In Zhamu Village, there will be permanent land acquisition of 183 mu land (of which 63 mu are cultivated land), 42 mu of wasteland being occupied temporarily, 56 affected households (201 persons) of which there are 22 households (79 persons) to be affected by house demolition with 4,880 m2. Only one infrastructure facility will be affected.
2. Compensation Rates
376. The compensation for land is considered in terms of mu and is 6 times the average annual agricultural output value. The resettlement subsidy is considered in terms of each person. Zhamu village has 0.9 mu of cultivated land per capita; the subsidy multiplication factor per mu for people’s resettlement is 4 times the mu output value.
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377. According to the survey, the average output of 3 years for all kinds of land in Zhamu Village is Y1,000/year for irrigated land and Y300/year for forest land. Land compensation and subsidy for resettlement are Y10,000/year for irrigated land and Y3,000/year for forest land.
378. The total compensation for permanent land acquisition is Y0.99 million, of which the land compensation is 0.594 million yuan and subsidy for resettlement is Y0.396 million, which is 22 times of annual output. There are 42 mu waste land borrowed for temporary use, lasting 3 years, and compensation rate is Y100/mu per year, total compensation is Y12,600. Compensation rate for young crops is Y500/mu for irrigated land, which is compensated according to the output of one season. The total compensation for young crops is Y31,500 thousand, and for trees is Y4,240.
379. Based on the replacement cost, the compensation rate of lost housing is Y280/m2 for brick & concrete structure, Y180/m2 for brick & tile, Y120/m2 for brick & wood and Y60/m2 for simple structure. The total house compensation is Y791,580. The compensation for loss of other assets, such as graves, is Y4,500.
380. The compensation rate and amount for infrastructure follow with the principle of replacement cost, which is estimated as Y1,980.
3. Rehabilitation Plan For Houses
381. A total of 22 households need to be demolished for construction of Lichuan Station, with floorspace of 4,880 m2, of which 18 households are brick-tile structured with the area of 3,793 m2; and 4 households are earth-wood structured with area of 1,087 m2. The sample survey shows that 40% of affected houses were constructed before 1990, most of which are brick-tile structured with construction cost of Y170/m2. The construction cost of earth-wood structure house is Y117/m2.
382. Combined with the plan of Lichuan Station, a resettlement community will be built in Zhamu Village, and streets and shops are constructed. The sample survey shows that 83% of resettled households wish to move to shopping houses along the street, local government will be responsible for the construction of drinking water access, electric power access and road access. Housing plots will be provided free by the village committee; the resettlers choose the housing plots through drawing lots, and new houses will be constructed by the APs. If the old house is demolished before the new one is built, transition subsidies (4 months at Y100/month) will be paid to the affected household so that they can rent a residence during the transition. In case the APs are resettled in new residences built within the same village, they are still entitled to get moving fees of Y200 per household.
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383. Planned housing area of Zhamu Village is 120 m2 per household, and cost for house construction is Y280/m2. There are 18 households whose houses are brick-concrete structured, among which there are 7 households whose houses are less than 187 m2 (compensation for 187 m2 can be used for building a 120 m2 brick-concrete structured house). There are 4 households whose houses are brick-tile structured with an area over 276 m2.
384. Being handicapped and the lack of laborers are some of the reasons for poverty. Main sources of family income are from planting and government relief (Y200/year), and their houses were constructed before 1970, with an area of 100 m2. In the survey, all of the poor households wish to move to the planned place near the railway station, but they worry about insufficient funds for house construction.
4. Rehabilitation Plan for Land Acquisition
385. A total of 183 mu of land in Zhamu Village should be acquired for construction of the Lichuan Station, which accounts for 2.4% of total area (7,400 mu) of the village, among which 63 mu of cultivated land should be acquired, accounting for 3.7% of total (1,690 mu) of the village. 56 households, 201 persons will be affected by the land acquisition, among which there are 22 households, 79 persons, whose houses are to be demolished. Average cultivated land before land acquisition is 0.9 mu, and 0.87 mu after the land acquisition. The sample survey shows that 38% of family income is from planting and 49% of family income is from working outside. About 10% of the APs consider that land acquisition will bring great impacts on family income.
386. The construction of Lichuan Station brings great impacts on the villagers’ incomes in Zhamu Village. But the benefits outweigh the disadvantages. Zhamu Village will be brought into the general plan of Lichuan Station. After the construction of Station, secondary and tertiary industries can be developed, such as business service and sales of local specialty, while at the same time the villagers have a piece of land. In addition, the price of primary products will rise with the construction of the Station, and output of unit land will increase.
387. The possible measures for income restoration of Fengxiangping Village are as follows: the total of capital required is Y7.88 million, which will be sourced from Collective Compensation, individual compensation, individual loans or Savings, and other investors.
(i) 100 mu off-season vegetable is to be planted. The investment per mu is Y2,000, or about Y200,000 in total. Gross income per mu will increase by Y1,000 per year, and the net income will increase by Y500 per year. 180 persons of the 201 APs will benefit from a Y278 increase in annual net income per capita. (ii) A street for business and trade is to be constructed. A total of 100 shops with 120 m2 per shop, with Y600/m2 of construction cost (including Y320/m2 of land value) are to be built. Total investment is Y5,760,000, among which 22 shops will be
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constructed by the resettlers, with housing plots provided for free, and the cost for building by themselves is Y740,000. On the wishes of villagers Y930,000 of land compensation and subsidy for resettlement will be invested, and the balance of Y4,090,000 is invested by other villagers or by outside businessmen. 80 households (288 persons) will get benefit about Y2,400 per year will get if the shop is leased out, and net income is Y2,040. (iii) A bazaar market of 3,200 m2 near the Station is to be constructed with 80 stalls. The investment is Y1.92 million which can be raised from attracting investments. The resettlers of Zhamu Village have the priority to rent stalls, with tax exemption for a half year. A total of 80 households (288 persons) will get benefits from annual income of Y8,000. After deducting rent, etc., Y1,556 per year will be the increase in net income. (iv) Work opportunities will be provided during the construction of the Station (lasting about 3 years). The laborers affected by the land acquisition will get priority in employment. There are 200 laborers in the village, accounting for 25% of total laborers in the village, who can work 250 days per year during the construction of the station. They can get Y20 per day, and annual income is about Y5,000. (v) Labor opportunities will be provided in the goods field after the construction of the Station. Laborers affected by land acquisition have the priority to be employed. About 20 laborers will get benefit, and their annual income is up to Y5,000.
E. Rehabilitation Plan For Infrastructure
388. Infrastructure will be reconstructed using the principle of rehabilitation cost. For electric power line and communication lines, special terms should be agreed to move them with the funds from MOR (project owner). The project owner pays compensation to affected parties, and the affected parties reconstruct it. For village roads and irrigation infrastructure, the Railway Construction Units will rehabilitate directly during construction.
F. Implementation Arrangement
389. Construction of the three main Stations in Enshi Prefecture will start in end December 2003, and work on land acquisition and house demolition will start in October 2003 and completed by end-March 2004. Housing plots will be provided for free to the demolished households on the whole plan. After the road and infrastructure are finished by the local government, house construction will be completed by December 2003. Amelioration for land with low production and off-season vegetables in greenhouse will start in 2004, and construction of shops will be finished in 2004. Construction of the bazaar markets are to be completed in 2005.
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G. Poverty Alleviation
390. The poor households have a shortage of capital for building new houses. The following measures will be taken to assist poor households in consultation with local government: (a) for the poor households lacking labor, laborers are arranged to construct houses for them by village; (b) for the poor households lacking capital for house construction, the related department of government provides the balance to buy houses and the household can give using rights of shops to government for several years to repay the balance (once the balance is repaid, government will return the using rights of the shop); and (c) related preferential policies are established for poor households by government, such as the reduction or exemption of tax for leasing shops, etc.
H. Potential Risks And Measures
391. In three villages affected by new stations in Enshi are located in suburban areas, so villagers’ dependency on farmland is not strong. Most people are not engaged in agriculture principally. Some households run a small business, such as selling primary products, but most of them cannot bear the risks of running a business or pursuing other careers.
392. The survey shows that the following are the main reasons for their wish not to adjust farmland: (a) 90% of resettlers consider that cost of cultivated land per mu accounts for over 50% of the production value; (b) APs depend less and less on land, since land is not the only way to earn their livelihood; (c) the cultivated land after the adjustment is not convenient or has worse quality; (d) local villagers have a strong sense of market, they want to make the best use of the opportunity to get rid of the living way of cultivating completely and embark on the way of life with urbanization; and (e) there is little land in local village, so the possibilities of adjusting land are few. After the land acquisition, the APs are concerned that they cannot find suitable channel for income restoration in short term when the sources of income are cut or decreased. Also, 83% of the APs are worried about the non-disclosure of quantity and usage of land compensation and subsidy for resettlement. During implementation, the actual land compensation and subsidy for resettlement to specific households based on quantity of land are determined just prior to land acquisition. Industrial enterprises will be organized by the collectives using land compensation. The affected people can buy shares with their resettlement subsidy and gain profits. The survey also shows that 75% consider that the largest risks for them are that shops cannot be rented out and few benefits will be got, before or during the initial stages of construction of station. Lack market information, and limited circulation of primary products; and the new businessmen (changed from resettlers) will get bad performance for lack of business experience.
393. After negotiation with local government, the following measures for avoiding risks were decided: (a) training on business and management for resettlers; (b) related departments to make market analysis and forecast well, and provide market information regularly; (c) labor
103 export is organized by local government, including the dissemination of information on employment and opportunities; (d) agricultural structure is adjusted, such as changing paddy field into fish pond and increasing the investment in technology at the same time with land improvement; (e) training of affected households on agricultural techniques, such as all kinds of economic crops, house vegetables; (f) Methods on Management of Resettlement Capital of Yiwan Railway will be prepared by Enshi Prefeture RCSO to guide the usage of collective compensation for villages; (g) vulnerable groups and poor households have the priority to be provided employment by local government; and (h) preferential policies will be provided for poor households, such as the exemption of related tax.
I. Actions for Consideration during the Project Implementation
394. Strengthen local government capacity on ADB requirements for resettlement project implementation and management. For resettlement implementation and management departments, including RCSOs of Enshi prefecture and City, townships, and village committees who do not have ADB project resettlement experiences, a systemic training is needed. Contents of training will include: ADB resettlement policies, resettlement handbook, resettlement livelihood restoration, resettlement monitoring and evaluation (M&E), field visit to obtain resettlement experience from other ADB projects, etc.
395. Carry out village rehabilitation plans and M&E. Village rehabilitation plan VRPs M&E should be done during to ensure that the VRPs are carried out in an orderly, standardized and effective manner. This will enable all the related parties to follow the implementation progress of resettlement and relocation, detect and correct problems existing in village rehabilitation implementation, ensure the smooth resettlement implementation in accordance with VRPs, and ultimately to reach the objectives of resettlement and relocation. Internal monitoring of local government will be done by each RCSO and external monitoring will be done by FSDI.
396. Establish a consultation and participation mechanism. VRPs relate to all APs, so they have the right to participate in the VRP. An effective consultation and participation mechanism should be established to ensure APs can be involved in VRPs. Enshi prefecture RCSO should prepare Rules on Village rehabilitation plan consultation and participation to ensure participation of stakeholders.
397. Set up a resettlement compensation capital financial management system. Efficient usage of resettlement compensation is a key aspect of resettlement livelihood rehabilitation. On the basis of the sample survey, more than 80% of the APs think the compensation rate and cost are not transparent. Enshi prefecture RCSO prepare Rules on Resettlement Compensation Capital Financial Management to ensure that the compensation cost can be distributed to APs and villages adequately and smoothly.
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398. Establish a social support network. To avoid the potential risks existing in VRP implementation, a local social support network should be set up to help APs, such as providing market information, business or agriculture technique training, providing specially help to vulnerable groups.
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X. VULNERABLE GROUPS DEVELOPMENT PLAN
399. Socially vulnerable groups are those who are at a disadvantageous position in the society due to certain obstacles and the lack of economic and political opportunities. Socially vulnerable groups do not become a real community. It is a social gathering of social members who are at the same disadvantageous position.
A. Objectives And Methodology
400. Identify vulnerable groups (e.g., minority nationalities, poverty households, women, the elderly, children, the disabled, etc.) that are at risk of impoverishment due to resettlement caused by this Project and estimate the numbers to be affected. Consideration should be given to each minority nationality (Tujia, Miao and Dong) and various income groups (extremely poor, moderately poor, and marginally poor, at risk of poverty).
401. For each vulnerable group, prepare an assessment of the project impacts (i.e., positive/negative, direct/indirect and short-term/long-term impacts on their life and livelihood). Assess the adequacy of proposed compensation to determine whether it represents fair replacement value. Furthermore, assess the extent to which vulnerable groups will require additional support (financial and non-financial) in order to substantively improve their livelihoods.
402. An action plan should be prepared for their implementation of compensation. Discuss with local governments and relevant agencies to finalize and approve the recommendations/action plan. The objectives of the technical assistance (TA) is to ensure the restoration of livelihood of people in each of the most severely affected villages; and identify adverse impacts of the Project on vulnerable groups and recommend measures to ensure that they will substantively improve their livelihoods after resettlement.
403. The vulnerable group development plan presented in this report follows closely the ADB Handbook on Resettlement, A Guide to Good Practice. The basic approach to understanding the fundamental socioeconomic conditions in the project-affected areas centers on a careful review of existing village and household socioeconomic data and field visits to FengXiangping village of Enshi railway station site, AnLejing village of Jianshi station site, and Zhamu village of Lichuan station site.
404. Using the participatory rapid appraisal method and a small-scale sample survey of 128 households in three affected villages, these affected households were selected to collect substantial data and qualitative information on prevailing socioeconomic conditions, project impacts and potential livelihood restoration options.
405. To ahieve the objectives, field visits were conducted from 14 January to 14 March 2003 by a local sociologist with the assistance of FSDI and Enshi prefecture government to
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FengXiangping village of the Enshi railway station site, An Lejing village of Jianshi station site, and Zhamu village of Lichuan station site. On the basis of consultations with the local government and persons affected by the Project, the specialist will submit a report to ADB on Vulnerable Groups Restoration and Development Plans.
B. Social Vulnerable Groups Affected By the Project
406. Vulnerable groups like: minority groups and the poor are formed mainly because of social inequalities. Social factor is very important; sometimes it is the most critical reason. The cause is social structure, namely the problems of social system arrangement make some members who lack power and competence to sink into the predicament.
407. Vulnerable groups due to physiological reasons, people are affected by the YWR who are mainly female, old and ill or those have no kin and cannot support themselves. The direct reason is related to the individual’s physiology development. The lack of individual ability/influence is derived from physical or intellectual reasons, such as being too young, too old, handicapped, and poor health.
C. Minorities Affected By the Project
1. Identifying Minorities
408. One’s nationality is not decided by will or follows the minority group which occupies a beneficial position, but is decided by his or her parents’ nationalities. Face to face discussions do not clearly determine the nationality of a person. Under certain circumstances, or even in quite a lot of situations, whether one should belong to Han nationality of Tujia nationality (or any other minorities) might be influenced by laws and regulations, which demonstrate the preferential policies for minority groups.
409. According to the policy of our country, before the age of 18, the nationality of children from a mixed family (marriage between minority and the Han nationality, or between two minorities) is determined by their parents. After they become adults according to law, their nationality can be changed. According to an official of Enshi, minority people enjoy a series of beneficial policies under government regulations. Therefore, the children of minority families to choose to be an ethnic minority, which makes the minority population increase faster than the Han population.
2. Population and Distribution of the Minorities Affected by the Project
410. There are 33 minorities living in 8 counties affected by YWR. More than 39% of the affected populations are minorities, who live harmoniously with the Han nationality in economic and social life, without receiving discrimination. The main residential district is Changyang
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County, the minority self-governed county of Yichang city, and 4 counties of Enshi. Changyang, Badong, Jianshi, Enshi and Lichuan are historically the hometown of the Tujia nationality. The minority has intermarried with other minorities or Han nationality. Most of them live in multi-nationality families. The officials interviewed estimated that more than 50% of minorities has intermarried with other nationalities, and more families are multi-nationalities. No other minority residential district exists along the YWR.
Table 10-1: Population of Affected Minorities The proportion of The proportion Proportion of Live in how many Population total minority of total minority total residential residential Nationality affected by population of the 8 population population along villages along the the project counties along the road the road road Minority 101,491 100% 39% 158 villages population Tujia nationality 92.4% 84,652 83% 33% 156 villages Miao nationality 4.8% 13,674 13% 5.2% 79 villages Dong 1.3% 982 1% 0.2% nationality Other LESS THAN 2% 2,183 3% 0.6% 33 villages nationalities Source: FSDI *In 204 surveyed villages.
411. There are 32 villages with Tujia, Miao and other nationalities living together, and 79 villages with Tujia and Miao. In 96 villages, the population of minorities occupies more than half the whole, and 26 villages’ residents are minorities, among which 18 are Tujia. None of the village’s Miao population exceeds 39%. There is only one village in which other minority’s population exceeds 10%.
Table 10-2: Minority Population Distribution in 204 Surveyed Villages Prefecture Number of Village Minority People Tujia Miao Enshi 106 91,150 74,661 13,536 Wanzhou 47 218 197 18
Yichang 51 10,123 9,794 120 Total 204 101,491 84,652 13,674 Source: FSDI
3. Brief Introduction of the Affected Minorities and Their Political Status
a. Tujia Nationality
412. The affected Tujia population mainly live in Changyang county and 4 other counties along the Enshi railroad, distributed in 156 villages. Changyang county and Enshi both are minority self-governed counties. In the affected region, there are 32 villages in which Tujia, Miao, and other minorities live together. And there are 26 villages in which all the population are minorities, among which 18 are Tujia nationality.
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413. History: Tujia is indigenous. Their ancestor is the Ba tribe that lived in Ba country during the Chun and Qiu historical period.
414. Language and Writing: They have their own language without any written letter derived. Living together with the Han nationality for quite a long time, they communicate frequently with each other and intermarriages are common. Now Tujia doesn’t have a complete language. They use Chinese, and the limited native spoken language only appears in daily use or stays in the memory of senior residents.
415. Worships and Belief: They do not have their own religion and practice Worship of Nature (Holy Trees, Holy Water, Thor, etc.), Worship of Totem (White Tiger, Eagle), Worship of Ancestors (Three Kings: Tan, Tian, Xiang)
416. Customs: (i) Habitation: they are widely scattered and live together in small groups. (ii) Food and Drink: they prefer acidic and spicy food, enjoy festive food together, enjoy drinking, like soup of oil-tea. (iii) Clothing: the same as that of Han nationality (iv) Festivals: Spring Festivals, Qingming Festival, the Festival of Half July, the features are “Guogan Festival”, Festival of the King of Ox, Festival of Hanging the Clothes. In every important festival, they hold celebrating activities. For example, in Baishou Festival (there is no definite date for this festival, usually it is about the Spring Festival) and lover festival (7.12 of lunar calendar), the local government organizes the ceremonies with participation of all the nations.
417. Political Status: After the founding of the PRC, the Government carried out the equal policy for every people, recognized formally the Tujia People as one of ethnic minorities in 1956 and established the autonomous prefecture of Exi Tujia and Miao peoples in 1983, which today is called Enshi Tujia and Miao Peoples Autonomous Prefecture. Tujia people and other minority nationalities in Enshi Prefecture and Changyang County are not dissociated from the politics, society, culture, and economy of the main society. They are well integrated into the local economy and politics. The political leaders and most officials there are from these minority nationalities. In PRC, the highest leader and more than 50% of the officials must be from the minority nationality.
b. Miao Nationality
418. Distribution of Miao population: affected by the project: There are 32 villages in which Tujia nationality, Miao nationality and other minority nationalities live, and 79 villages in which Tujia and Miao nationalities live. None of them has a population of Miao nationality over 39%.
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419. History: The Miao nationality, called gexiong by themselves, is a nation with a long history. Most people of Miao minority along the YWR were from the Miao compact communities in the board of Hunan and Guizhou during the “Yongzheng Emperor” of Qing Dynasty (in 1735). They now have been there for more than 260 years.
420. Languages and characters: With a few population and frequent communication and intermarriage with the Han nationality, they use the Chinese language and Chinese characters.
421. Belief and Religion: They have no religion. They worship their ancestor (the flying mountain god)
422. Customs: Same as Tujia Minority.
423. Festivals: They have a spring festival, the Pure Brightness, the dragon boat festival, the 15th of July, and most important, the singing race festival, the women meeting, the double years, the taste of the newness.
424. Political position: After the founding of the PRC, the Government carried out the equal policy for every minority.
4. The Economic Status of Minorities Affected by the YWR
425. Tujia people and other minority nationalities live mainly in the countryside, most of them are engaged in agriculture, animal husbandry, forestry and fishery, and few are engaged in other professions. Tujia people and other minority nationalities in Enshi Prefecture and Changyang County are not dissociated from the politics, society, culture and economy of the main society.
426. The minorities along the YWR is at the same economic level as the Han nationality. Analysis of detailed social economic data does not show that the minority group is connected with changes of main social economic index. For example, the proportion of minority population in a village bear no relationship with the income level, farmland per capita, altitude, the proportion of the land with gradient larger than 25 degree, the distance to road, the distance to county government. And the minority is not the cause of poverty of the district.
427. The economic condition of minority people along the Yiwan railroad is the same as the Han people and the rate of minority people accounting for the total poor people is much lower than that of the minority people accounting for the number of all villagers.
428. The social development situation of minorities has no obvious difference from the Han nationality. Along the YWR one cannot distinguish between Han nationality and minorities by
110 language (the usages and accents), clothes, manners, physical features and facial bone structures.
429. Poverty is the common problem that both minorities and the Han nationality have to solve. Minorities make up the majority of the residents in some districts, thus the compensation standard should be equal with the Han nationality. The settlement, compensation and redevelopment plan should be the same as that of the Han nationality, with no exceptions. Since some villages are not only minority villages but also national or municipal poverty villages, the settlement and development plan should focus on how to solve the poverty problem.
D. The Poverty Population Affected By the YWR
1. Definition of Poverty Population
430. Poverty is “a state when the materials are insufficient or deprived of with the typical feature of failing to meet the primary needs of life.”10 One kind is the traditional income poverty, that is, their income is quite low and unable to maintain their lives. Human poverty refers to the lack of basic human ability, such as illiteracy, malnutrition, short expending life-span, low health level of mothers and babies, and the danger of preventable diseases, etc (UNOP, 2000).
431. These types of poverty can be indicated rationally and qualitatively. Rational indication is absolute poverty and qualitative indication is relative poverty. The former refers to the situation where the income is lower than or just equals half of the average level of the country in a certain society (their living condition is far poorer than usual one).
432. Nowadays in the Chinese countryside, poor populations do not meet the basic demand for food and clothing. According to “reduce the poverty and explore the countryside in China” (delivered by the news office in State Department), up to the end of 2000, the poor population is 30 million, about 3% of the whole number. To these people, the basic demands for living are not fulfilled.
2. The Poverty Condition of Areas Influenced by the YWR Project
433. Among the eight countries alongside the railway, six of them accords with the national poverty level. The net income of the local peasants is below the national average and over 1.6 million of them are in poverty (about 42% of the whole population in these countries).
434. According to the results of the survey on 204 online villages, over 50% of the population suffers from poverty. A total of 137 for Villages are designated as poor villages11. Some 23.6% of households (17,511 of 74,188) are designated poverty households. The
10 David Popenoe: Sociology-10th ed. Published by Prentice Hall Inc. 11 Officially designated poor villages.
111 population of poor households is 60,833, or 23.4% of the total population of the villages12. The average poverty household is thus about the same size as the average non-poor household.
Table 10-3: Poor Population Distribution in 204 Surveyed Villages Poverty Poverty Prefecture Number of Villages Poverty Villages Households Population Enshi 106 94 89% 13,920 33% 48,297 32% Wanzhou 47 25 53% 2,317 15% 9,001 16% Yichang 51 18 35% 1,274 8% 3,535 7% Total 204 137 67% 17,511 24% 60,833 23% Source of the reference: FSDI
435. In the last decade, the PRC government has developed to relieving poverty and improving the living condition of the poorest people here. Nowadays, in many of these villages, those people who are not poor according to the official standard still improve their life with the aid of poverty-related fund.
436. The local authority, not in accordance with the national schedule, defines poverty-funds. They are in relative poverty in that village. A family is poor in a certain province/city, but not in another one. Generally speaking, poor families have more family members and much less income. Table 10-4 shows the key social economic indexes of a spot check on poor family conditions.
Table 10-4: Social Index Showing the Condition of Poor Families Poor NonPoor Index Unit Total Number Family Family Average gross income Yuan 5,416 12,473 10,463 Gross median income 4,300 9,300 8,000 Average farm size mu 3.6 4.6 4.3 Median farm size mu 3.5 4 3.8 Average size lc 134 180 166 Median size lc 120 160 150 Average net income Yuan 3,345 8,284 6,877 Net median income Yuan 2,470 6,100 4,785 number household 223 551 774 Source: Resettlement Household Survey, FSDI.
437. The poor families estimated by the authority occupy 28% of the total in the spot checks median is Y680/ year, the household median of family not in poverty is Y1,750/year, almost threefolds of the former one.
438. Using Y1,300 per year as the rural poverty line,13 62% of the households in the poverty villages are poor, compared to just 22% of households in the other villages. What distinguishes
12 Using the national poverty line of Y625 per year.
112 the two types of villages is the proportion of people with per capita net rural income above Y3000 per year. This proportion is only 3.5 percent in the poverty villages, but more than eight times larger (28.5%) in the nonpoverty villages.
439. The household net income distribution for poor villages peaks early (at low income levels) and falls off rapidly. In non-poor villages, there is still a substantial number of households with low incomes, but a significant number of higher income people.
440. Nearly 50% of the populations are in poverty, and the poverty is very serious. The living standards and GDP of most counties is far below the average level of the province/city. These counties are thickly inhabited districts, and most of the populations live in the countryside. There are 7 of the 8 counties whose rural population are more than 80%, and 6 of them are the poor counties designated by the Government.
3. Analysis on the macro-reason for poverty
441. After the opening-up policy, the non-agricultural income of villagers’ increase greatly, to the income gap within villages. Social progress revokes individual consciousness, which also contributes to the increasing gap.
442. A market system has been gradually established in the PRC. The difference in individual net income of farmers in different areas has grown bigger. In 1980, the ratio of this amount in the east, middle, and west is 1.27:1.05:1, which increased to 1.95:1.33:1 in 1999.
443. Owing to the countryside’s’ long-term isolation and backward education, in the rural areas of the PRC a very poor cultural ideology exists. It is difficult to establish market order in rural areas in the middle and the west, which makes the economy slow moving.
444. At present, national policies that give priority to the development of cities while ignoring villages cause dual structures in economy, society, education, culture and ideology. The PRC Government provides basic securities such as subsidy, medical treatment and insurance, and public service to urban laborers through redistribution and public welfare. In contrast, peasants who also create wealth do not have some basic rights of existence like help or relief specified on by the Constitution. On the contrary, in the countryside, the funds of public facilities and service come from plans of villagers.
445. Inadequate Policies: There is unified rule in the economic field. There are many unequal competitions in the process of the first distribution. There is no sound of tax revenue system in the PRC. The social protective ability is disintegrating. The form of collective ownership of land lacking in creativity restrict the regulation of the village economy structure.
13 Rural net income of 1998:635yuan.
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446. The economy of the area, where the YWR goes through, has been left behind. Poor families have low agricultural productivity and have a single source of peasants’ income. The poor people include those who are the old, sick, weak, or disabled, etc.
447. The YWR Project is a pro-poor program (a government program for providing assistance to poor areas of the country). The poor people, who belong to vulnerable group affected by the Project, should be paid much attention to, and they are the key factor that can help to solve the problem of the project. The settlement and redevelopment of the vulnerable group can be programmed.
4. Case: The Poverty of Enshi State Most Affected People by the Project
448. Because of the special natural and geographical environment and bad conditions of the installations, Enshi Prefecture is still very poor, and its six counties and two cities are the counties and cities most needed to be supported by the Government listed in the PRC rural poor-supported outline (2001-2010).
Table10-5: Farmer, in Poverty in Enshi State, end-2000 %of Rural Net Income per Population or Type Standard Maker Population/ or Person Villages Villages General 2,545,900 Below Y1,120 Enshi Government 73.3 poverty popu. persons Relative Below Y800 the PRC Government 1,870 villages 61 poverty popu. Absolute 432,300 Below Y625 the PRC Government 12.9 poverty popu. persons
449. Compared to other households, the income gap of poor households is becoming wider. In 2001 the rural per is Y1467, while that of Hubei province Y2,352, of the whole country Y2,366. the income gap of common agriculture population and poor population becomes more and more obvious as the whole income of farmers increase.
Table 10-6: Rural Net Income of Affected People in Enshi in 2000 unit: 10,000 Index Agriculture Population Net Below RMB625 RMB626–865 RMB866–1,000 RMB1,001–1,120 ABOVE RMB1,121 Income househol Household Person per household person household person household person household person Person d Capita Enshi 18.13 63.42 1,220 1.23 4.29 3.55 12.42 4.12 14.42 5.33 18.63 3.90 13.66 Jianshi 13.14 46.00 1,225 1.92 6.72 2.51 8.77 2.49 8.70 3.06 10.72 3.17 11.09 L;chuan 21.19 74.17 1,210 2.22 7,77 4.21 14.73 4.31 15.10 5.82 20.38 4.64 16.19 Badong 12.36 43.26 1,214 2.03 7.10 2.41 8.45 2.4 8.40 2.54 8.89 2.98 10.42
450. Enshi city where the state government lies has 13 towns and 3 subdistricts with a population of 764,000, and the agricultural population is 634,200, up to 83% of the national population. It covers a land area of 3,967 km2, on which live many minor races, such Tujia
114 nationality, Miao nationality and Dong nationality, the total population of which makes up 38.5% of the whole area. By 2000, the net income per person of peasants in this municipality is Y1,220. There are 497,600 poor peasants, about 78.5% of the agricultural population under the above average level. Among them the poorest population, that is the people whose net income per person is under Y625, is 42,900 or 6.8% of the agricultural population.
451. The basic conditions of producing and living in villages have not yet improved. Farmers still live in conditions, most with the “Three Shortcomings and Two Difficulties” problems, namely poor housing, poor eating, bad clothing, hard water supply, poor roads. These conditions are very vulnerable to natural disasters. In the whole autonomous district, there are still 1,377 villages without highways, 1,530 without postal service, 2,299 without wire broadcasting, and 528,900 people with difficulty in getting water. The poor families living in the deep mountains, remote from cities or towns, is up to 80% of the total poor family number; poor families in districts with inconvenient traffic is up to over 80% of the total, and poor families in the areas with inadequate water supply 85%. By 2000, the population that benefits from the water supply project in villages is only 2 million, or 61.67% of the whole agricultural population; that from the water security project is 0.6 million, covering only 30%. As for the main reason of low covering rate of water, it comes from insufficient investment on these projects, as well as the unfavorable dispersal of mountain people.
452. The features of poor families have a low agricultural productivity and a single source of peasants’ income. Their agricultural production mainly depends on simple producing tools, with mean staple of production at a low level of it. Their income source basically limited to rice planting, tobacco planting, tea planting and hog raising, which make up to 90% of their net income. In Enshi Prefecture, for example, 70% of a farmer’s family income comes from raising, 20% from working outside, and 10% from its multiple manage style. The limited income is mainly spent on eating and clothing, with the high of 59.6% in villagers’ life.
453. Poor medical care and poor schooling rate cause the poor life of villagers. The former is the major problem, as 70% of the poorest families are caused by diseases and so are over 50% of relatively poor families. Because of poor financial condition, many children above the school age cannot go to school. According to data, the average figure of school years of poor family, member is 3 years, which of course leads to the low quality of village labor.
454. It is commonly easy for families who have already left poverty to fall into the plight again. Such families lack advanced production style and market consciousness, as well as convenient transportation or information system and basic equipment. They are easily thrown back to poverty if the market or policy changes unfavorably. Since 1997, this rate of such re-impoverishment is about 15–25%.
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455. Analysis of main micro causes of poverty: (1) Weak economic fundamentals, inadequate economic structure and low level of basic economy. In 2000, per capita GDP was Y3,188, which is Y3,987 below that of Hubei province. The GDP proportion between primary, secondary, and industry of Enshi Prefecture is 43:29:28. The proportion of agriculture has reached 43%. Benefits from pillar industries and flagship business do not exist because they start late and at a small scale. This low overall economic level and backward economic structure make it hard to promote the development of the regional economy. Per capita GDP of Enshi is just over Y3,000, which is half of Hubei province. The government could only manage with an effort to fulfill the wages of civil servants and basic wages of teachers because there is no accumulation in financial income. So the input of agriculture and villages is quite limited. (2) Harsh natural conditions and frequent disasters. Enshi Prefecture, a large of mountainous region, has gaps between elevation, bad climate, barren soil, limited per capita cultivated area that is 0.5 mu inaccessible and ill-informed, which hinder the development of the mountainous economy and constraint the increase of peasants’ income. In the city of Enshi, mountainous villages having an elevation of 1,000 meters account for 80%. About 550,000 peasants of 10% families living in karst topographical area can extricate themselves from poverty only by migrating. Per capita land is only 0.53 mu and most cultivated areas are hillside fields. Therefore, the grain can only meet the needs of peasants themselves. (3) insufficient construction of basic facilities. First, construction of roads is undevelopped: people keep their communication with the outside world only by highway transportation. What’s more, highways of villages stay at a low level. In the city of Enshi, 268 villages still have no highway, accounting for 15.3% in all the 597 villages. Second, drinking water is difficult. In Enshi still 99,300 people and 32,900 large animals have difficulty in drinking. Third, village market facilities are not adequate enough. Peasants have difficulty in buying and selling, especially entering into markets. The last but least, the condition of medical treatment, public health, and education is inadequate. Peasants find it difficult to see doctors and to go to school. (4) Backward education of science and technology, low laborers’ quality, and primitive mode of agriculture production. The overall quality of peasants is rather low. Peasants’ consciousness of market is little. Content of science and technology in villages’ pillar business is low because of insufficient funds for science and technology. According to a survey, per capita education of laborers in Enshi is only 5 years. Poor peasants feel quite helpless facing a market-oriented economy and the challenges of entering into the World Trade Organization.
E. Women Affected By the Project
1. The number of women affected by the Project
456. The 204 surveyed villages on the alignment of YWR have a population of 259,520 people in 74,188 households, an average of 3.5 people per household. Forty-nine percent are female and 51% male. Forty-eight percent of the people are in the labor force. Some 9,125 adults of working age are identified as illiterate, of whom 4,831 comprise female labor or 8.6% is illiterate.
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Table 10-7: Characteristics in 204 Surveyed Villages Number Number of Number of Adult Female Illiterate Illiterate Prefecture of Females HHs Population Laborers Laborers Laborers Females Villages Enshi 106 42,750 152,158 73,449 72,518 31,018 5,922 3,224 Wanzhou 47 15,603 54,662 25,754 27,632 13,690 1,949 1,009 Yichang 51 15,835 52,700 21,968 25,578 11,505 1,254 608 Total 204 74,188 259,520 121,171 125,728 56,213 9,125 4,841
457. In Enshi Prefecture, the 2000 census shows that the female population of 1.8098 million accounts for 47.77% of the state’s general population of 3.7942 million. The proportion between male and female is 10:9.6. Among them, there are 0.36 million female in Enshi Prefecture, accounting for 48% of the total population, of whom 0.27 million make up the female labor force, 46% of the total female population. Since all the people who are affected by the YWR Project are rural residents, the females who are affected are mainly the rural females.
2. Status of the Women affected by the YWR
458. The rights of women are protected in the PRC. Women share the same rights with men without being discriminated or deprived of their legal rights in urban and rural areas.
459. The All Women’s China Federation has branches in all towns and almost all villages. One of the main purposes is to reduce possible discrimination against women.
460. The public policy of female development, the organizing structures in charge of female affairs, and the environment of women development are becoming more and more favorable. Their living environment improves day by day; their opportunities for development increases gradually; all the equal rights entrusted to women by law in the main fields of political, economic, cultural, social development and family life are implemented. The rights of women are respected and protected.
461. Political position: Women are active in participating in the discussions and administration of prefectural affairs, raising the policy-making degree and enlarging the scope, thus raising their political position in full length. The women cadres are getting more and more benefits.
462. Economic status: Women have more resources and opportunities. Men and women take equal responsibility and obligation in family and society. Women are gradually being emancipated from housework and joining in all trades and professions, working very hard. Especially in the tertiary industry, the service trades and health, and education field, the women are superior to men and play a leading role. In Enshi State, the women employed, making up 38%of the total employed, take part in the management of production, and their labor right protection system are being perfected. The number of poor in countryside women is going
117 down. Compared the 1995, the poor have been reduced to 723,900 by 2000. Compared to men, women have lower income because they seldom have the opportunity to work outside due to weak constitution and inconveniences of going outside. Women undertake large amounts of houseworks, social works and farm works. Their status and right of decision-making have improved in daily affairs.
463. More and more women receive education and improve their intellectual level. The competence and ability of women are strengthened to enable them to compete equally with men. The basic needs of female health are being fulfilled and their health condition is being constantly improved.
3. Women’s right to participate in decision making
464. According to the surveys, all railway-construction support offices have disseminated information on resettlement very well, which makes every family related with resettlement know the land acquisition and resettlement policy and the corresponding compensation standards fully. Most women know the area of her original house to be demolished as well as the corresponding compensation standard for her family. Women have attended onsite discussion meetings and all kinds of resettlement meetings together with their husbands. In some regions, the number of women present in meetings is even more than man.
465. Some women reported that they could not attend meetings due to housework although they care about the resettlement very much. In some families, the husbands work places far away from their houses, so the wives attended such meeting; however, the wives will refer the information gained at the meetings to their husbands for decision, so the women are only the information transmitter while the men are decision makers.
466. As for the important family affairs (such as when and where the house will be built, and how large and what type of house to build, and etc.) they decided by men usually although women also give their recommendations.
4. Women and poverty in the area affected by the Project
467. As a vulnerable group, women are usually the most seriously affected. Gender is considered to be connected with poverty.
468. In the area affected by the Project, poor physical environment and inconvenient transportation are the natural factors which lead to women’s poverty here. In such natural environment, no matter how developed the production or economy is, there are great difficulties. Thus, poverty, especially women’s poverty, arises.
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469. Social awareness of women and the degree to which they can express their thoughts freely are comparatively low. In the families in the area affected by the project, almost all the men go to southern PRC or the coastal area in the southeast to do physical work, therefore, women become the most important decision makers of the family. In other words, women’s overall thoughts will affect the economic development of the whole area.
470. In modern society, women and men take part in society’s development together. However, in the area affected by the Project, women receive very low education, which leads to their low qualification. This directly affects the normal development of society and economy, producing poverty.
471. The immature social awareness in the project area has an impact on women’s role in economic development. In the past, due to the traditional custom in which men are superior to women, women’s education was not encouraged. They had to obey their fathers before marriage and their husbands after marriage. They were not allowed to take part in the management of social and affairs. Being restricted both in thoughts and action, they couldn’t explore their own resource, which affects economic development, and produce poverty, as in the past.
F. The Young And Old Population Affected By the YWR
472. Public policy, organizations, and the social situation of children’s development have become more and more favorable. The child’s right to exist, keep fit, and be educated are always the focus of our society.
473. The infant mortality below 5 year old (1/1000) is low because of the high level coverage of planned immunity. The condition of malnourished children has been improved.
474. The right to education and other rights can be protected well under the Law of Juvenile Protection of the PRC. Some live in poverty families; most live in nonpoverty families. The children of non-poverty families will be settled according to the uniform program, while the juvenile children of poverty families can be classified into poverty family, with no exception.
475. The PRC has a law protecting the rights of the aged people. The PRC has a good tradition in which the old are respected and supported. Deserting the old is strongly condemned by the social public opinion. The old do not work in farmland at all. They depend on their children. They all live with their children for their basic needs, except for the Wubao households.
476. There are family laws in the PRC which are well implemented. Sick and disabled, and widowers, widows, orphans and the childless—those who have no kith and kin and cannot support themselves are helped by the social security system, which always has an emphasis on the poor.
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477. Western PRC’s rural areas have no social security system for elderly population. The PRC has the largest population of elderly in the world. In particular, old people over 80 years old have reached to 11 million. Facing the increasing population and social risks, most of social security systems do not work. Especially in the poor regions of the west, low income and an inadequate social security system make this group more vulnerable and make their families and children bear heavy household chores, economic burden and psychological stress.
G. The Influences Of the YWR On The Vulnerable Groups
1. Direct Influences
478. The direct influence of YWR mainly is that many people not only suffer from losing their houses but also from losing the land. The affected population of YiWan railroad project acquisition and demolition (estimated according to the feasibility report) only occupies 0.6% of the total 3.9 million population of 8 counties, which about 20,142 people, and about 5,755 families were affected with 52 people affected for every kilometer.
479. According to the rate of population below the level of poverty in the counties, we can make out the affected poverty population.
Table10-8 Affected Population and the Proportion of Population Below Poverty Line of Affected Population Population Total Populati Population Population Total Population affected by Population amount on affected by below population below both below Region/County of below land poverty affected by poverty acquisition poverty affected poverty acquisition level demolition level and level people level demolition Wujiagang 3,113 554 2,292 408 1,599 285 778 138 district Dianjun district 2,581 343 605 80 2,621 349 645 86 Changyang 1,053 170 493 79 823 133 263 42 county Badong county 275 142 264 136 79 41 68 35 Jianshi county 2,246 734 802 262 2,005 656 561 183 Enshi town 4,196 3,059 1,181 861 4,064 2,963 1,049 765 Lichuan town 3,704 2,900 933 731 3,697 2,895 926 725 Wuqiao distric 2,974 1,517 853 435 2,864 1,461 743 379 Total 20,142 9,419 7,423 2,992 17,752 8,783 5,033 2,353
2. The indirect influences on the vulnerable groups
480. Resettlement will change traditional social network of the affected people. After the acquisition of land, some of the aged people will make a living outside and some of them will buy new houses and settle in other places. All the above will cause a change in social relationship. Most of the vulnerable groups in the station area are taking up service as their jobs. They will socialize with all kinds of people, and with the change of time and place, they will not
120 be the peasants engaged only in agriculture as they used to be. Especially, the communications of a large number of mobile populations will improve the way they adapt to the new environment.
481. Giving priority to poverty reduction will improve the infrastructure in the poverty-stricken region. During the railway construction, the contractors may build the construction service roads and electricity transmission facilities for them. While doing this, the contractors should consider the requirements to reduce poverty, and prepare for the communities’ development in the future. The stations have been integrated into the town planning scope, and that will be a part of a town and change the prospect of these areas. Moreover, it can increase the income of the vulnerable groups.
482. It is good to narrow the gap between the poor and the rich, and to reduce the difference between the poor and the rich. With the direct promoting and permeating effect of the whole road network with the railway, the farmers especially the poor households can take part in the utilization of the resources and the communication along the line, and do what they can do to share the social and economic results of the unblocked communication, to narrow the gap.
483. The YWR Project improve the construction of small towns in poor area. The living standard of vulnerable groups can be changed. In this way, they can become the beneficiaries of the social security system and the children can go to school benefiting from the system.
484. The Project can increase the number of local markets for agricultural production and other commodities in poor areas.
485. The scenic sites of these towns can be developed to attract tourists.
3. The positive influences on the vulnerable groups
486. The construction of the YWR will be extremely important in the realization of the strategic plan on economic and social development in the areas along the railway. Especially, it will produce influence the way agricultural products are marketed, the micro urbanization and the development of the Western region. The Project will directly influence the three areas along it: Yichang, Enshi and Wanzhou Prefecture. The local cities, countries, and towns will be the first to benefit from the railway transportation and transport system; provide opportunity for the development of the economy and society in future. Undoubtedly, the vulnerable group would benefit from this Project. In the survey, the poor families were enthusiastic about these two aspects.
487. Positive influences on the ethnic minorities: The changes of community: The railway construction will facilitate mobility, circulation of goods, and support from the construction units.
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These factors will accelerate the construction and development of towns along the railway, especially the villages the Tujia people will occupy. Infrastructure will be improved in the ethnic minority areas. They include the public health investment (for example, the rural clinics), the desks, chairs, and various teaching aids of the primary ethnic minority schools, the country roads, these regions’ access to the electricity, and drinking water supply, and the communication infrastructure. All these will benefit the inhabitants along the railway, including the minorities. Widening the horizon and shifting the ideas: Most Chinese ethnic minorities inhabit the outlying villages, so they are always exclusive and backward, with a narrow field of vision. They are short of the awareness of the market. The construction will not only provide jobs and income to the inhabitants along the alignment, but also teach them skills, widen their horizons, and increase their experience through the association between them and the building workers.
488. Positive influences on the poverty-stricken population: The most remarkable positive influence on the poor is poverty reduction. The poverty reduction influence is that through the project construction, the poor will gain stable jobs, and stabilize their income. In addition, the development of railway-building related services, building materials, and transportation sectors will further bring more employment opportunities. With the increase in nonagricultural income, more and more poverty-stricken people will be lifted out of poverty. The construction of YWR will improve the housing condition of the vulnerable groups. After the demolition and movement, the vulnerable groups will own new houses which are better than the old ones in the aspect of material, design, and quality, therefore improving their living conditions. The improvement of the traffic environment will, accelerate the pace of opening up to the outside world and improve the agricultural outputs. The convenience of travel and good transportation after the construction of the railway will improve the mobility affordable. Furthermore, the local products can be sold in national market through this railway. Employment opportunities and incomes will increase. During the construction, railway laborers are needed to build a large number of affiliated projects. The local government can organize vulnerable people to take part in it, provide them the opportunity of employment and offer higher income. With the increase in the movement of people and goods, the vulnerable groups will gain much market information. Further, the development will take place and change the income structure of the vulnerable groups in areas along the railway, and reinforce the stability of their income. The construction and use of the YWR will raise the proportion of the secondary and tertiary industries by 30–70%. Compared with heavy work in the primary industry, the vulnerable groups will no longer be vulnerable. They will take advantage of the natural resources and the right of land use in the station area to take up service themselves or their relatives.
489. Positive influences on women: Many women, living along the railway, will obtain new employment opportunities, increasing female income by a big margin and changing their economic status. The building of the railway will not only provide transport facilities, but will also enhance the infrastructure of the region, because of the use of roads, water, and electricity
122 during construction. The YWR will improve the living conditions and outside environment. The roads bring the most benefits to the people, especially women, relieving the workload. During and after the construction, people would be able to cart the fertilizer and grain, saving both time and labor. The men in that region prefer seeking a job in the eastern and southern areas. Therefore, women stay at home and carry on the production and household work. The building of the link roads will facilitate the country fair trade and enable the inhabitants to use tricycles, motorcycles, etc. The YWR will promote women’s health care. When the roads are built, patients could be sent to the hospital immediately in case of emergency. The railway building could increase people’s income, and provide more parents the financial ability to continue their daughters’ education. After the construction, no matter what they are engaged in the service trades or do manual work, they all need to get out of their immediate communities, contact others, and enlarge their social network.
4. Negative influences on the vulnerable groups
490. During the survey, 98% of people believe that the demolition and acquisition of land will benefit their families and have no negative influence on them; only 2% hold a different idea.
491. Among the negative influences, especially for the elderly, children and ill, are the economic loss of the vulnerable groups and many problems such as lack of money and labor to build a new house, and difficulties in buying constructive materials and finding a construction group. The construction of the YWR will bring large number of migrant workers, which may affect the social safety. Their ability to protect themselves is very weak; they will be upset with the change of social safety. During the income recovery, the vulnerable groups are short of funds for development, technology and market information. New skills are required to change work methods the vulnerable groups will find difficult to get used to such drastic changes in techniques and culture quickly. The plans in economic development around the railway station business and services are highly emphasized, which require sufficient knowledge and skills. But people here seldom get in touch with an advanced knowledge, except those who go out for a job. With low education and skills, they are left out of both idea and knowledge, thus they are uneasy to adapt to the social and economic development in the future. Part of the vulnerable groups do not have the basic socialization skills, and the degree of their education, skills and working ability restrain their adaptability, and there are many difficulties in working in the service industries. Their children are still uneasy to catch up with those from non-poor families, the gap of education, skills and working ability between them will become wider. The vulnerable groups have difficulties in adapting to the man-made environment. The fundamental construction and other artificial environment have been greatly improved. The housing construction of village is being worked out in unity, with housing areas much smaller than the past. The housing style now is different from the traditional one, which is more spacious. Vulnerable people will also find it hard to adapt to buildings clustered.
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492. The land acquisition will decrease the economic income of the vulnerable groups. Their poverty is originally due to “many people on limited land”; this movement will not bring much compensation to the poor household. It is a subsistence-based agriculture. The construction of the railway will have some effects that will lead to gross output decreasing because of the decreasing of land area. And the cultivated land acquisition are all fertile soil of high quality, with irrigation works so there will be great direct loss to agriculture output value. It takes time to develop new cultivated land.
493. Negative influences on the ethnic minority villages: It will also destroy a few infrastructure. It is a common problem facing the railway construction that the existing roads and sources of water may be cut off during the building or after. If these problems cannot be solved properly, they will bring much inconvenience to the inhabitants’ lives, particularly to the elderly, children, ill and disabled.
494. Negative influences on women: Women are connected with the farmland directly. The farmland has more significance for women. The PRC’s reform agricultural has been accelerated since the 1980s. From then on, a huge labor force has turned from farming to other industries. Because of the traditional division of labor between male and female, women have shouldered the responsibility of bearing the children and doing the household duties. The majority of the migrant labor force is male. Most women stay home to take the task of agricultural production, which leads to the phenomenon of ‘agriculture feminization’. The reduction of cropland will make women lose their main economic activity. Apart from taking care of their source of grain and the life of their family, they will be puzzled about their future, because they cannot figure out what to do. The local governments expect to promote the development of service industries to absorb the surplus labor after the completion of the YWR. To transfer workforce into the non-agricultural industry, certain conditions must be met. They are a certain amount of capital investment, and the appropriate skills or capability. However, it is not easy for the poverty-stricken areas, and especially the women in poor peasant households. Though women have obtained the employment, their opportunities are not equal to the men’s. Women are employed generally through two channels—doing manual wok, or working in the service trades. Nevertheless, as to the manual work, the percentage of women in the whole workforce is expected to be lower than that of men. Moreover, women always work as temporary workers, and have no chance to become permanent workers (except for a few individuals). In some places, women have never gone out for jobs yet.
495. The long-term influences on the vulnerable groups: Providing more convenience to the vulnerable group along the line. The Yichang-Wanzhou railway is located in the mountainous region, and the trade was small. The construction and operation of the Yichang-Wanzhou Railway and the building of other roads will provide the local ethnic minorities and the poor population with permanent traffic facilities. It will promote the exploitation of mineral resources,
124 development of electricity, environment-friendly resources, and the ethnic cultural tourism resources in these regions.
496. The social value ideas of vulnerable people, including thinking style, social psychology and habitual customs, will endure the conflicts between “tradition” and “reality” in the long run.
497. Life style: the everyday life of the vulnerable has been arranged, mechanically, to some extent, especially of the blind, handicapped and mentally disturbed. According to the plan of the local government, the commercial housing communities will be constructed mainly in the station area. After relocation, they may be placed in buildings to live in, which may influence their life style formed in the life of a one-storied house for a long time. It’s really a hard issue for them. Social psychology: Relocation will impose the innate social relations, production style and life style of the vulnerable people. The sudden change from traditional agriculture production style to service and management environment will first shock them psychotically. Second, due to the limit of their production skills and their qualification, they may find it hard to catch up with the demands and rhythms of the work. Third, due to the limit of their production skills, their income have effected according to the performance based distribution principle. Compared to the professionals their pride and self-confidence are easily undermined. They will have difficulty in adapting to the circumstances such psychological effects should not be ignored.
498. Influence on the minority culture: The YWR Project affects the minority culture and require certain cultural reconstruction. Though the culture of Tujia, Miao, Daidong has been continuously influenced by the Han culture and absorbed a lot of it in its long-time development, a positive reconstruction will be required.
499. With the help of the railway, the long isolated ideas can mix with the outside world more confidently and frequently. On one hand, lots of foreign culture will reach here deep in the mountain. For example, many visitors certainly bring with them the media. On the other hand, during the communication with the outside world, minority nations accept outside culture consciously or unconsciously. As result, those on-line Tujia, Miao and Dong not only maintain their original culture, but also assimilate some of the foreign culture. The situation may be in two ways: First, a certain kind of foreign culture replaces the original one; second, the two co-exist and combine with each other to either enrich the initial culture phenomena or form new ones. Consequently, the culture of on-line minorities develops and becomes more diversified.
500. The Project affects the minority culture directly and causes the culture reconstruction of on-line minority nationalities This culture reconstruction actually includes the following aspects: Food and drinking, finery, idea and concept, years and festivals, marriage etiquette, social intercourse and celebration, the living custom, mode of everyday social interaction, taboos.
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5. The short-term influences on the vulnerable groups
501. The short-term negative influences: As some land is expropriated during the construction, the usual production activities of the vulnerable group will be greatly disturbed. It will be affected because the houses are demolished, and cannot be rebuilt in short period. Their basic living condition disappears. Therefore, a hard time is facing them, especially the old, weak, sick, disabled, widows, widowers, orphans and most poor. In this project in particular, such problems may emerge evidently.
502. The short-term positive influences: The railway building will boost the development of the ethnic minority villages along the line. These factors will accelerate the construction, and development of townships along the railway, especially the villages where many Tujia people live. The infrastructure will be improved, such as public health investment (for example rural clinics), chairs, desks and various teaching aids of the primary ethnic minority schools and schools in the poverty-stricken areas, the country roads, and their access to electricity and drinking water supply. The railway building offers many employment opportunities to the affected and nonaffected inhabitants, including the ethnic minorities, poor people, and women.
503. Although the vulnerable groups believe that they will lose both their houses and their land, yet they also believe that the construction of infrastructure will finally change the social conditions. The traffic will become better; the living conditions will also become better. They might have more chances to work and increase their income. The Project will bring them information and opportunities, which will surely lighten the burden of females. 98% of them believe that the Project will not harm their family and members.
504. Vulnerable groups will require additional financial support in order to substantively improve their livelihoods, such as helping build houses, vacating land, the country roads, their access to the electricity, drinking water supply, resuming and supporting of production and lives, taking up a new job, increasing income, going to school, going to hospital and social facilities.
H. Rehabilitation Plans for The Vulnerable Groups Affected By the YWR
505. Vulnerable Groups Development Plan was prepared to ensure that: (i) all people can receive a means of life before the move; (ii) all families can have accommodation settlement before the demoliton of houses; (iii) the developing Project can coincide with the demolition to achieve the above goals. In case the above goals fail, additional policies should also be worked out to properly compensate people for their loss so that their living standards will not decline.
1. Principles for the Plan
506. Compared with the majority Han, these minorities are considered equal to them in economy. About 39% of the on-line populations are minorities and they live in 5 counties of the
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8 counties. However, their identity has no direct relationship with their poverty. A detailed analysis on social and economic data about villages and homes was conducted. However, there is no relationship between minority nations and the major social economic indicators. Besides, the former is also not the cause of the on-line poverty. The per capita net income seems to be a separate matter from the ratio of minority population in that village. There is no need to set up a separate development program for the minority affected by the YWR. However, a special consideration is necessary.
507. Female-headed households that will be affected by this Project constitute 4.1% of the surveyed families. The gross income of these families is Y3,811 yearly, higher than non-poor families. Also, their net income and overage are higher. However, the average size and median of the farms are relatively small (3 mu). These special families have no particular differences compared to those in samples. The data collected from the survey do not show that the families headed by women and families of minority nationalities are in a lower position than the purely poor families.
508. It also shows that the old and children have no direct connection with poverty. The elder and children are a vulnerable group generally. They are dispersed in various families most of which are not in poverty, therefore the subsidy allocated to them will be given out under the standard program for the minor instead of being distributed to each family.
509. People who are sick, disabled or have no relatives are in particular poor in general. The program for the development of this group will be part of the program for the poor. Policies for the development of the poor will be considered separately.
510. Poverty is the key problem, it not only includes the poverty of minority nationalities and females, but it also connects with the old, sick, disabled or those who have no relatives. Resettlement and restoration of those in poverty are the primary concerns of this program.
511. The institution serving the vulnerable groups in the organization, implementation and monitoring of the resettlement and recovery coordinating with the institution serving all the resettlement people.
2. Plan for the Restoration and Development of the Minority
a. Preferential policies of central and local governments towards minority groups
512. Prefecture minority population enjoy autonomy according to the Constitution of the People’s Republic of China. These counties enjoy the autonomy of formulating special regulations in accordance with regional characteristics and managing regional finance. Local institutions can also independently handle the revenues. At the same time, the reserve fund and
127 subsidy for the minority are allocated to autonomous regions in aid of their finance. In addition, a developing fund for minority groups will be specially set up for their economic and social development.
513. Institutions of higher education and polytechnic schools will appropriately relax the enrollment requirements for minority students. The students can obtain extra 10 points on their total marks. Students from those nationalities with little population will receive still more special care. Minority students from minority autonomous regions affected by the YWR will obtain extra 30 points in the national university-entrance examination, which is the most prominent feature in all special treatments. Minority students from nonminority districts will receive an extra 10 points. Minority groups face less restriction in family planning. Schools and counties with minority groups will also enjoy extra favors.
514. Enterprises established by minority counties, after being undercontrol of municipal departments of finance and local tax and authorized by provincial departments, can enjoy regular reduction of or exemption from income tax and regulating tax on fixed assets investing directions. Minority trading corporations can retain 50% of the profits. The practice of financing 80% capital is a self-fund and grant-based subsidy. Minority enterprises producing minority goods can enjoy supporting fund and interest-free loans. Minority enterprises can enjoy subsidized interest loans.
515. The Provincial Party Committee and the government of Hubei decided on the support for the economic and social development of minority counties in December 1995. In 1996 the government also resolved to support the counties along the railway with implementation of Project 616 and to reinforce the pro-poor program. In 1996, the Finance Department of Hubei Province established fund to support the poor through the reduction of or exemption from medical fee of students in compulsory education.
516. Six counties out of eight along the railway were defined as eligible counties for national poverty reduction fund in the tenth 5-year plan. Being listed within the Western Development Program, they enjoy all preferential policies.
517. The PRC Government has made available a new poverty alleviation program. Policies towards minority groups and poor districts are more favorable. Fund from the Central Government is in favor of minority districts. As key targets of the poverty alleviation program, minority districts are provided with preferential policies.
b. Plan for resettlement and restoration
518. The gap between the minority on the whole and the majority is possibly not large, but different minority groups may have different situations. It is not acceptable to overlook specific situations. To the poor, special considerations should be available.
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i. Resettlement and compensation for minority groups
519. The minority should enjoy the same treatment as the majority in the compensation for land-levy and demolition.
520. Resettlement in the local area or in the neighborhood, including backward transfer, should be adopted. Villages are supposed to offer foundations of houses to ensure the concentration of minority groups. If dispersed, cohabiting with the majority, they may find incompatibility in habits and customs.
521. Traditional holy land of minority groups, such as a place for “girl get-togethers”, should be kept intact to avoid complaints from the minority. On the contrary, local governments should combine the construction of the railway with that of sites with national characteristics for minority groups. Transport facilities to these sites should also be provided.
522. Space of newly built buildings should be regulated on the consideration of customs of minority groups. Governments at the level of county/town and relative village committees should unite their effort in the land planning and prior construction of infrastructures such as water, electricity and road.
ii. Plan for the development
523. Guidance: to implement related regulations on regional autonomy of minority nationalities and guarantee the autonomy; To carry out policies towards minority groups; to widen their working field; to take overall economic development as a center and economic construction and development of minority groups as a basis; and to promote the readjustment of rural industrial structure, enhance the rural scientific and technological level and bring about an overall advance in economic development.
524. To set up residential concentrations for the settlement in the influencing scope of the minority, and to set up shops along streets and to ensure as greatly as possible that every family can get one. Foundations of the houses can be put on sale by means of public bidding, giving priority to the need of resettlement families. A few families could be granted some special policies.
525. To facilitate the economic recovery of minority groups during the period of construction: To offer employment opportunities for poor minority groups. Contractors are supposed to employ local unskilled minorities and contract the construction of rural roads to local governments which can in turn employ minority labors. Secondary and tertiary industries, taking food industry and transportation as a focus, can solve the problem of rural surplus laborer to the greatest extent. Concerned institutions should make use of the opportunity brought about by the
129 railway construction to develop non-agricultural industry of the minority by means of small credit, with which minority residents affected by the construction can establish sand mills, purchase small-size vehicles, and let out houses to railway construction workers and their relatives.
526. The relocation of minority groups cannot go without the alternative accommodation. Terracing the land on the slopes can extend the cultivated area.
527. To carry out the comprehensive development of agriculture to achieve the development of minority production and improvement of incomes. Minority groups should get aid in the development of industrial crops, such as acquiring cultivating skills, which can help them improve their incomes.
528. To invest in the affected minority areas and give out microfinance for the cultivation and breeding industry. To favor minority groups from constructing areas in finance policies, to establish special agricultural loans for them and to support their development.
529. To help poor minority areas solve the problem of water. The construction of YWRwill substantially improve the development of infrastructures in minority areas, especially public sanitation investment, electronic network construction, and postal telecommunication facilities. Compulsory education fund for the minority people is the special funds of the nation, which should be bound to the construction of the railways and the initial applications. First of all, the education for the ethnic minority should be improved; multiply the numbers of schools in the countryside; purchase the teaching facilities and desks and chairs; improve the education conditions. Secondly, the tuitions and the fees for the textbooks should be decreased; help the students who were forced to drop out of school; keep the enrollment rate of the elementary school and middle school students in the ethnic region.
530. The preferential policy measures described above should be considered for implementation.
531. After the construction of YWR, the culture of minorities, especially the ethnic tourist resources with rich characteristics, should be developed.
3. Resettlement, Restoration, and Development Plans for Poverty-Stricken Population
532. Concept: Poverty-stricken population here includes poor persons of Han Nationality, and minorities like Tujia, Miao, Dong, and other nationalities.
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533. As announced by local governments, special measures will be taken for poor families affected by acquisition of land and removal of residences, including land adjustment, loss compensation, house reconstruction; also, low-interest loans, poverty alleviation funds, employment opportunities, and other measures (such as cadres’ support, hand-in-hand support of urban and rural schools, donations from individuals) will be adopted to help poor families cast off poverty.
a. Poverty Alleviation Plans of the PRC Government
534. The most influential and most effective plan should be the state "Eight-Seven" poverty alleviation reinforcement plan proposed in 1994, which pointed out official poverty-stricken counties and founded special state poverty reduction funds. Along YWR, five of the eight counties (cities) are poverty-stricken counties recognized by the state, enjoying all preferential national poverty relief policies.
535. Special funds for poverty relief established by the state (Poverty Alleviation Reinforcement Plan: 2001-2010):
(i) Central Fiscal Poverty-relief Capital: appropriated to poverty-stricken areas through state fiscal department systems, and distributed by local government, mainly supporting local industry and agriculture projects. (ii) Central Poverty Alleviation and Micro-finance Capital: special poverty-relief loans with discount interests distributed through Agriculture Bank of China systems and operated on credit principle, mainly supporting agricultural projects, and domestic economy development of local peasants, such as township enterprise development capital, small loans for peasant households. Small loans are borrowed directly from the bank and the terms are generally 1–2 yrs, with the loan interest of 3%. (iii) Central Work Relief Capital: special capital aiming to improve the income of local peasants and infrastructures distributed and managed by State Planning Committee; poverty-stricken peasants would get the capital through work for infrastructure construction, such as roads, watercourses, and irrigation systems, etc.
b. Basic Conditions for Placement and Income Recovery of Vulnerable Groups
537. During land acquisition, moving and resettlement, life and production activities of poverty-stricken population would be affected temporarily, or even interrupted. Therefore, the compensation should be distributed before land acquisition and the removal of existing houses, including compensations for young crops, trees, fruit plants, auxiliary facilities and houses, and cost for moving and transition period.
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538. As most of the poverty-stricken people are disadvantaged and often live on poor land, the resettlement and income recovery mainly depends on compensation.
539. When the auditing and monitoring systems ensure that requirements of the PRC laws and Asian Development Bank have been implemented and the compensation funds have been distributed to the affected population, income and living of the poverty-stricken people could be guaranteed. External monitoring of the resettlement would ensure income and sustenance of poverty-stricken population will not be influenced.
c. Replacement of Houses
i. Basic Principles
540. Recovering and improving the level of poor households housing is the rule. Giving the poor household financial aid in the period of construction is recommended.
541. Land for house reconstruction should be distributed to the resettled poor families free of charge, and these families need not pay for the land for their new houses. The construction area should be equal to their original house and they could take materials from their former houses free of charge, and the material cost of old houses should not be deducted from the compensation.
542. In principle, new houses should be built before removing old ones. If old houses are removed before construction of new ones, poverty-stricken households should be provided with transition subsidies, so that they could rent houses. Though peasants often go to their relatives or friends for shelter during the transition period, the subsidies should be paid.
543. Even if the poverty-stricken people build new houses in the village, house-moving fees should be paid as stipulated, and should be listed either separately or consolidated in other compensation items.
544. Besides cash compensation, special attention should be paid to poverty-stricken families or other disadvantaged families (such as sick, handicapped, women-householder, and old people, etc.). Villagers’ committee and local government should assist them in settlement and new house construction. Such assistance should be in the form of guidance, material supply, or buying houses of equal quality or an area in local village with the compensation. It should be guaranteed that all households would move smoothly, and their living conditions should be better than before.
ii. House Construction Methods
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545. Due to the limited compensation, several poverty-stricken families could construct together and share one house, especially in concentrated communities.
546. Poverty-stricken households may build houses with resettlement compensation, if not sufficient, they could turn to loans; if still could not satisfy the need, according to local government officials, the poverty-stricken resettlers listed in city development areas should be transferred in preemptive right of use and operation of shop fronts that would be built at the railway station, for which the village or other government departments will raise the remainder funds for the construction of houses, and on behalf of operation at first; after the agents gain reasonable revenue, the shop fronts should be returned to the poverty-stricken households and construction commission should not be collected. Thus the poverty-stricken persons or their family members or relatives could manage the shops directly to ensure their life, production, and development.
547. The houses built have different valuation according to the place where they are located. They will be sold to the public and the poor households can choose the lower level houses to ensure normal allocation to satisfy the demand of resettlement. If they do not like to buy the house, the non-resettlers of the village can buy for competition and the resettler can also buy the houses of non-resettlers who have to buy the new houses. This method is applicable in the eligible areas such as planned station residential area. As to poverty-stricken residents are not arranged collectively, in the principle of recovering original house conditions, appropriate compensation should be provided to improve their living conditions.
548. The local government will help the poor households vacate the land, have access to the electricity and drinking water supply when the poor households build houses.
iii. Livelihood Restoration during Construction Period
549. The village should apply land compensation to improve the land or construct fundamental farmlands and irrigation facilities, or to develop the secondary and tertiary industry, or to improve the public welfare of the village. Generally, there are two modes to recover the revenue after land acquisition. One is to develop and utilize the land left to improve production of land. With this method, the poverty-stricken population involved will be placed through redistributing land, and most people would be engaged for farm work.14 Another method is to develop industry and commerce and transfer the poverty-stricken population involved to manufacturing, transport service, and business, which are non-agriculture activities.
550. Construction contracts may stipulate the proportion of unskilled workers to ensure poverty-stricken population participates in project construction. But the contractors care most
14 It should be stressed that though most people are engaged in farm work, but about half of their income comes from non-agriculture activities.
133 about the construction efficiency and their economic benefits; without effective supervision and restriction systems, it is hard to believe contractors would consider poverty relief as an important objective. When the Yichang-Wanzhou Railway Company signs construction contracts with Construction Company, the ratio of unskilled workers may be stipulated, but no policy requires construction units to employ work force from poverty-stricken households. If government departments recognize poverty-stricken households and implement certain supervision systems, the poverty relief should be more effective. In addition, it may be the most reliable and effective choice to make infrastructure projects realize the poverty alleviation objective through attracting poverty-stricken population to wages. For the poor population involved, it is an important opportunity. The poverty-stricken population involved would have the first priority to be employed. All railway offices of counties, towns and villages, construction units and their subordinate construction teams would implement the preferential policy together.
551. To develop the secondary and tertiary sectors. The first is to organize laborers from poverty-stricken households to participate in construction of auxiliary projects. Second, the construction of YWR brings good opportunities to local food and material industries, especially for those poverty-stricken households. Sand, brick and other works would be established as required by construction, and some poverty-stricken peasants would be organized to increase their labor income. Third, in the railway construction, a lot of local sands and stones are needed, which will produce a number of transport opportunities. Fourth, railway construction will need a great deal of consumption goods, poor peasants along the railway should adjust industrial structure, switch from crop planting to high valued vegetables, fruits, or others, or deal with agricultural products processing, livestock breeding, rural commerce, food and beverage industry, etc., through which they could provide services for construction teams and increase their income.
iv. Livelihood Restoration during the YWR Operation
552. Resettlers have negotiated the management and use of compensated capital and have reached agreements.
553. How will these poor families benefit from it? To establish joint-stock companies with the land compensation to develop secondary or tertiary industry. Over 30 passenger and freight stations along the railway provide a lot of job opportunities for third industry, which would directly facilitate great development of markets, transport industry, food and beverage industry, hotel and commerce and other service industries. Benefits from these industries should be managed by the joint-stock companies, some for expanded reproduction, some for collective public welfare, and some for dividends to villagers. Besides providing job opportunities for normal laborers, these industries could hire vulnerable groups to deal with jobs corresponding to their physical, knowledge and skill conditions. In addition, the vulnerable groups could invest their compensation in the company for dividends; in this way, ownership and management right are divided, and physical disadvantages of vulnerable groups are avoided. It should be
134 regulated that the compensation should be broken down in quantities to every household and managed by the village; any use of the compensation should be under the supervision of the RCSO; or, villagers may elect their representatives to manage the capital under the supervision of the railway RCSO office.
554. In Chinese railway freight terminals, most loading and unloading work are completed with manpower, and some depend on machines. Manual loading and unloading is a typical labor-intensive employment method. The surrounding villages affected 7 freight stations will organize loading/unloading and transport teams directly depending on the stations (especially freight yards) to take up occupations. Poverty-stricken population without physical disadvantages could participate and benefit from the work.
555. During the operation of railway, services should be provided to shippers or passengers; with the improvement of transport conditions after completing the new railway, more favorable conditions would be available for works, mining, and service industries, which will also increase local income and job opportunities.
556. Affected villages around the station could build commercial or agricultural product markets with the compensation. When building these facilities, policies favorable to poverty-stricken people could be employed to enable them to have steady income sources.
557. Preferential policies will be promoted so that if the poverty-stricken resettlers along the railway want to develop the secondary or tertiary industry, taxes should be postponed for 3 years, and licenses could be issued first without any handling fee.
v. Financial Support
558. How can the poverty-stricken population that needs support be determined? The poverty-stricken households influenced by land acquisition should apply, and then a notice should be posted to announce the list in the village, then a villager committee meeting should be held to verify the list before reporting to city and prefecture RCSO for approval. After appropriate to the city and county, it should be appropriated to resettlers’ villages as per the planned resettling population, and then a notice should be posted to announce the plan for public supervision.
Registration Form for Poverty Relief (for reference) Number of Appropriating Fund Document Time Area Amount Beneficiary Beneficiaries Standard Use Department Source No. (households)
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559. Consideration for Potential Problems: Poverty-stricken households do not know the support policy. After appropriating to the village, it maybe difficult to know where the subsidies for poverty-stricken households have gone. Some resettlement villages do not announce in post notices. Subsidies for poverty-stricken households can be misappropriated for other uses. Resettlement villages should not use the subsidies for land appropriation when applying for budgetary reserves. Ensure that poverty-stricken households benefit from the policy. Resettlers in some areas may receive subsidies from the civil administration department, but do not receive the subsidy from construction projects.
I. Policy for Long-Term Poverty Alleviation
1. The Five-Year Goal in the Period of Railway Construction:
560. Absolute poor need to be supported. It is important to make sure that the real per capita income increases by 5% per year, that the income in cash of the people in absolute poverty occupy a portion of 40% in their per capita income, and that the foodstuff of each person is kept above 400 kg. The quality of life of the poor people in villages should be improved through technology. Speeding up the construction of the infrastructure. To primarily solve the shortage of drinking water of more than 90% of all the villagers; to build roads to at least 80% of all the villages; to gradually eradicate the phenomenon of “no-electricity villages”; and to try to improve the quality of the electricity supplied houses.
561. Improving the social systems to spread the 9-year compulsory education, improve the cultural quality of the poor people in villages, construct a cultural center in every village, build cultural activity houses in at least 80% of all villages, provide TV channels and phone lines to all the villages, build medical treatment centers in at least 70% of all the villages, primarily control the infections illness in 30% of the villages, and also improve the condition of medical treatment and the ability of epidemic prevention.
2. Structural Adjustment as a Major Solution
562. The railway construction would change the poor people’s registered permanent residence, from rural to urban. In the PRC, only the people in the cities have the privilege to enjoy the social security system to ensure the minimum income. The local government can use the compensation for the construction of the Yichang-Wanzhou Railway together with the personal compensation of the local people to establish the local collective-owned welfare system.
563. The local government should also take the best from the social resource during the railway construction, combining the security system to ensure the minimum income with the aid, so the poor families can receive assistance from the society. (1) the media should disseminate the social value of helping the poor and need by honoring the good deeds; (2) in the process of helping the need, the Chinese people’s tendency towards the ideology should be promoted; (3)
136 establish new aid groups in communities, integrating all the aid forces, such as village governments, the organizations of women and youth, the Red Cross, charities, relatives, and neighbors; (4) encouraging the well-off families to donate their useful things to the poor people. The civil administration agencies should organize this kind of low-cost but greatly society-benefiting charity.
564. Reasonable tax system and the policy of changing the fees into taxes in the villages should be developed. The subject of our taxes should be the real per capita income of the village people (or the income under their control). The taxes should only cover residents in villages with an income, no matter how they are engaged in the agricultural production or not. The lowest taxable income should be fixed, and in the process of railway construction, the families with low income should be free from the taxes. We should clear up the burdens of the peasants, regulate the executive and the service charges, and eliminate the charges and funding-raising projects that the high level governments have forbidden.
565. For mobilizing necessary resources, the local governments should support the areas along the railway with a clear purpose. The “One-to-One” aid project has had a good effect. The support should be active, and the aid right to the needed person. Officials should enter the villages and homes of the farmers and participate in the labor. Everyone helps one family, and one official should stay in the village for a long time to provide guidance to the residents.
3. Changes in Socioeconomic Mechanism for Poverty Alleviation
566. One of the methods to make use of the railway construction is to improve the infrastructure, the improvement of the living condition of the poor areas as the core. The second is to maintain the market as the guidance, advantage of resource as a support, the strategic adjustment of the rural economy as the core, the technical support as a method. The third is improve laborer quality as the core and undertake the project of reducing poverty through technology. Fourth, consider poverty reduction as our own duty and strengthen the support of the one-to-one aid program. Fifth, combine the implementation of our policy with the construction of the railway. In order to bring the railway-influenced region out of poverty, the concerned departments should try their best to support by providing loans for planting, fostering and manufacturing small-sized commerce, and constructing grit factories, buying conveyance and open stores. The methods are: using poverty alleviation loans, providing jobs instead of money, using the financial funds and other agricultural loans.
J. Resettlement and Gender Development Plan
567. The local officials have encouraged the Women Federation join in the whole process from the plan of relocation, the supervision and the implementation. The consultants’ social
137 analysis and relocation group held discussions with the Women Federation representatives from the regions and counties along the railway.
1. Women’s role in Transition Period
568. In the surveys, resettlers expressed that they will recycle some useful materials of their old houses (such as bricks, tiles, wood materials, and etc) as much as possible to save on expenses needed for building their new houses. In the PRC’s rural areas, such recycling work will be undertaken by women.
569. Experience has shown that the life of the families to be resettled will be disturbed completely during the transition stage (i.e., the period when the new house hasn’t been built and the old house has been demolished). During such period, many inconveniences will be shouldered by women; and women have to keep up the normal living in the temporary shelter as much as possible to ensure that: 1) the family members can eat on time; 2) the children can do homework in an appropriate environment; and 3) the pigs and chickens grow without any disturbance. During such period, women will bear a number of invisible tasks as well as hardships and pressures; and they will exert enormous effort.
2. Economic Resettlement Plan
570. During the preparation and implementation of the resettlement plan, the opinion of women (especially the women directly affected) shall be heard. Their rights and benefits shall be protected. Because women in the affected regions play important roles in farming or nonfarming activities, their rights and benefits shall be protected during the implementation of the resettlement plan in order to reduce the negative influences caused by the railway construction.
571. The opportunity and right to build new houses shall be given equally to female-headed and male-headed families. Any discriminary actions aiming at families are illegal. For example, both families are completely equal in the compensation standard, allowed land area of new house, selection of location of new house, negotiation, participation and other related aspects.
3. Restoration Plan
572. During the construction of railway, an appropriate quota of unskilled-work posts of the railway construction shall be allocated for woman. In order to safeguard the labor rights of women, the “Equal Pay or Equal Work” system shall be implemented; and male and female workers shall work on an equal basis. It shall be ensured that the proportion of female workers shall remain at 30 or 40% of the total unskilled personnel during the construction and operation of the railway. The special labor-protection measures of women shall be enriched and perfected; and the self-protection capability of female personnel shall be improved; and any
138 action infringing the legal rights of female personnel shall be investigated and corrected in accordance with related laws.
573. The occupation opportunities of women are focused on the tertiary industry. A large number of railway employees will enter the camp site, so a large amount of logistic supplies (such as grains, vegetables, non-staple food, service of bath, haircut, clothes-washing) are needed, which will provide many occupation and income-earning opportunities for local residents by activating the development of the retailing, food and drink business, massages, facial treatment and haircut business, transportation industry, and other service industries. The commercial undertakings and service industries will be operated mainly by woman.
574. The railway construction team will activate the development of planting industry and poultry raising along the railway; and women will undertake much of such labor.
575. The land acquisition and resettlement and the related compensation shall be fair to both sexes. In the village where farmland occupation of villagers isn’t equal due to the land acquisition, it shall be promoted to implement the redistribution scheme for farmland in accordance with the registry of residents to enable women and children without any farmland to gain farmland. During payment of compensation for land acquisition, particular care shall be paid to the female householder without farmland.
576. During the preparation of the economic development plan aiming at the reduction of farmland, communication with women shall be carried out to learn the impacts caused by the reduction of farmland on the women, and opinions/recommendations and expectations about the farmland recultivation plans and economic development. In addition, training and guidance shall be provided to them in order to reduce the decline of their standards of living quality caused by farmland reduction.
577. For women engaged in farming and housework for a long time, they will face more difficulties than men in the same situation when they have to change their occupation for living. The local government shall provide special training for the affected women in order to improve their capability and enable them to face new challenges and catch new opportunities.
578. The necessary funds shall be provided to the women in the regions affected by this Project. These funds shall be used mainly for purchasing the medical and health-care equipment of woman, the education of female children, and the training of female officials. The resettlement organizations of all levels (such as the RCSO of counties and township governments) and the villages committees shall give more care or guidance to female-headed families for the building of their new houses.
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579. The tracking and monitoring aiming at affected women specially shall be carried out in order to consider issues in a timely manner.
K. Social Development plan
580. In 1998, the PRC Government issued a poor-people support plan, i.e., the 2001-2002 Support and Development Plan for Poor Villagers. In this plan, even more care has been given to the development of women.
581. It has been planned to develop emphatically some labor-intensive poor-people-support projects suitable for women; the women have been organized to learn skills to overcome poverty; the education departments have provided support to eliminate the adult illiteracy; the labor departments have provided support to export the labor force of woman; small-scale loans have been provided to the women to help them get rid of poverty; and the “Happiness Project” helping poor mothers has been implemented. When the railway goes into operation, the employment scope of women will be expanded; the employment structure and level of woman will be improved. The industry structures in the resettlement zones where railway stations are located will change substantially, especially, the tertiary industry which will develop rapidly. Therefore, the employment skill training, conduct introduction, and information service suitable for women shall be strengthened; the employment preference of women shall be changed through induction; the employment capability and the capability facilitating them to the employment change shall be improved. During the economic development and industry structure adjustment, great effort shall be given to expand the employment scope suitable for women. The development of the tertiary industry, especially the service industry, shall be supported in order to create new employment opportunities for women and improve the proportion of employed women gradually.
582. Women are allowed to share the ownership and effective services in the allocation of capital, loan, land, technology, information, and other economic resources; such ownership and services shall be equal to those of men. Laws and policies shall be constituted and perfected to safeguard the women’s equal rights in employment and access to economic resources. The following rights will be protected: country women have the farmland contract right, production and management right, house-site distribution right, right to obtain compensation of farmland acquisition, right to share stock dividends and other rights; and above all their rights shall be equal to those of the men in the residence.
583. More funds shall be allocated to healthcare, disease-control, and other public health services for women and children and such funds will increase with the increase of the total fund for public health welfare in order to reach gradually the target that all women share healthcare services. Consolidating local laws and regulations and policies shall be constituted in order to strengthen the legal system for safeguarding women’s rights and benefits.
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1. Development plan for Vulnerable People
a. Development plan for Children
584. The 2001-2002 Support and Development Plan for Poor Villagers issued in 1998 by the China State Government provides even more care for children in poor regions. The “Hope Project” and the “Spring Flower Plan” have been implemented. [Note: The “Hope Project” is a welfare project to help children who are unable to go to school; and the “Spring Flower Plan” is a plan to help female children who are in the poor regions and whose education right has been deprived.
585. During the construction of the railway, a better social environment shall be created for the development of children through propaganda and public participation. Information on related laws and regulations (including the Mother and Baby Healthcare Law, Minors Protection Law, Compulsory Education Law, Children Rights Convention, and Children Development Compendium) shall be disseminated and promulgated extensively to make everyone aware of the legal rights and benefits of children and to make the “Children First” and “Protect Children, and Do Practical Good for Children” a common understanding of society. The preferred development fields for the children along this railway shall be determined as follow: 1) Improve the healthcare level of women and children; 2) Reinforce the fruits/progress gained in the 9-year compulsory education; and 3) Protect the children in difficulty. The above aspects shall be supported by preferential policies and funds.
586. The education-purpose fund-input shall be added to the compensation in order to ensure that children of school age can receive the compulsory education as well as to reinforce and improve the basic education level. At the same time, the society/public education-help shall be encouraged; and the education project supporting poor children shall be implemented continuously. Education-purpose support/help shall be given to the children in difficulty (especially female children) to help them to finish their compulsory education and improve substantially the education level of the poor female children of minorities and reduce the gap of compulsory education between the male and female children further.
587. Because the poor families along this railway cannot afford the education expenses of their children, special care and support shall be given to the children in such families. Recommendations: (1) Take more special-purpose measures to help the education of the children of poor people; (2) The civil administration department, education department shall negotiate with schools to constitute a more efficient system to reduce and remit all items of studying expenses in the scope of the 9-year compulsory education as well as strengthen the supervision of the corresponding implementation; (3) The banks shall help the children of poor people finish their education above the senior middle school by providing preference loans. Although the large volume of infrastructures to be built along this railway will bring conveniences to the residents along the railway, the construction of this railway may destroy some original
141 infrastructures. If such destroyed infrastructure will not be restored, inconveniences may be brought to the residents (especially old people and children) along this railway. It is confirmed that some original transportation routes in the community zones will be cut during the construction; if such issues will not be resolved, inconveniences may be brought to the children going to school and old people going to market.
588. Compensation for the affected schools shall be given to the organizations owning the schools (i.e., village committees or township governments).
b. Care Plan for Elderly People
589. Some other relevant laws and regulations include: “Rules on Welfare System for Poor People in Rural Area” (Order No.141 issued by the State Department on 23 January 1994), “Regulations on Welfare System for Low Income Citizens” (Order No.271 issued by the State Department on 28 September 1999) and “Rules on Welfare System for Poor People in Rural Area” issued by Hubei province government.
590. The PRC has a good tradition in which the old are respected and supported. Those who abandon the old will be condemned by public opinion.
591. The government must improve the social care and welfare system for elderly people in order to take care of them and support them financially and mentally, as well as the Welfare and Pension System for Elderly Citizens. Government aid and social aid systems must be established to guarantee the basic living standards for low-income or non-income elderly people. Every person, either from companies or units along the railways or individually, should be encouraged to join the insurance system and thus expand the coverage of welfare for citizens. Insurance funds could be either raised partially from land and housing compensations, or from special beneficial policies.
592. There are a few ways to improve the Social Welfare System for Elderly People in the Rural Area. First, local government may initially establish a rural social welfare system that could be later jointly funded by the government, community, and individuals. Money could be raised from land compensations or allowances. Secondly, social welfare allocation should be focused on elderly people who are in difficulty and need help badly. Thirdly, for those families that are not so poor, we adopt a social-and-family-combined welfare system will be adopted.
593. The welfare and pension systems in the rural area mainly depend on social funds and partially on countryside life insurance. Different kinds of allowances or incomes can be used to build nursing facilities such as old people apartments, nursing houses and free nursing services or adoption of the aged.
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c. Recovery and Development Plan for the Handicapped
594. The 1998-2000 Support Plan for Handicapped Persons issued by the China State Government in 1998 includes a series of policies and measures. Loans amounting to 80,000 million yuan were provided in 2000 to provide foods and clothes for them. The plan, especially the loans to handicapped persons, has become the primary means for supporting handicapped persons and has solved the living problems of many handicapped persons. A new plan of The 2001-2010 Support and Development Plan for villages issued by the PRC Government has initiated some methods for resolving the problems of handicapped persons.
595. Resettlement Plan: If the handicapped people are unable to build their new residence, governments at different levels should help them in two ways: (1). Help them build new houses. (2). Use compensations or allowances to buy them new houses in the local village as equal to the dismantled one in quality and area.
596. Aid Plan: According to law, the State’s special aid funds are allocated by civil organizations, by means of clothes, foods and money, to those people in need. For those people who have the conditions in the affected suburb area, the government will change their registered permanent residence to the city and bring them into the lowest social security system. Government and social organizations should build more social nursing houses and provide poor, diseased and disabled people with medical treatments at low cost (non-profit). Civil authorities should cooperate with some organizations like the Disabled Association to enhance aid to poor and disabled people. Funds could be raised with the help of charity organizations to help the poor and disabled people get medical care. All of them should be assisted in their daily activities like farming and through concessions like tax reduction or exemption.
2. Action Plan for Vulnerable Group’s Restoration And Development
597. “Action Plan on Vulnerable Groups Restoration and Development” (2003-2008):
(i) Standard compensation for land acquired should be the same as those for affected non-vulnerable groups. (ii) The laborers of local vulnerable groups will be hired first as the unskilled workers of railway construction. (iii) Priority will be given to vulnerable groups in the distribution of shops along the street in the Station area. (iv) The local government will help vulnerable households build houses. (v) The government will change the kind of registered permanent residence of people in vulnerable groups in suburb, and bring them into the lowest social security system.
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(vi) Vulnerable group resettlers can be accorded in advance right of use and operation of shop fronts that would be built at the railway station, for which the government departments will raise the margin funds for the construction of houses and initial operations; after the agents get reasonable revenue, the shop fronts should be returned to the vulnerable households and construction commission should not be collected, thus ensuring their livelihood. (vii) The State’s special aid funds will be allocated by civil organizations, to solve the livelihood problem of vulnerable groups.
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XI. INSTITUTIONAL FRAMEWORK AND ARRANGEMENTS
A. Main Tasks And Responsibilities In Land Acquisition And Resettlement
1. Institutional Framework
598. A resettlement network has been set up to manage the tasks for the Project. Horizontally, the network includes two parties (i) MOR and its contractors and subsidiaries, and (ii) local government authorities. These organizations include the land acquisition and removal group of each contractor, the land acquisition and removal group of the railway construction support office (RCSO) under each government level, and the land administration bureaus of local governments. An organization chart for the RP implementation is presented in Figure 11-1.
2. Resettlement Institutional Network
599. In order to complete the Project, the Ministry of Railway (MOR) has, or will establish organizations for resettlement and special staff will be appointed for the land acquisition and removal. Resettlement organizations established for railway construction and administration are as follows:
(i) Project Management Center of MOR (to manage the railway construction projects on behalf of MOR) (ii) Land Acquisition and Removal Group of Construction Coordination Department of YWR Project Construction Headquarters (iii) Land Acquisition and Removal Groups of Contractors (about 40 Contractors) (iv) Overall Design Group for YWR of FSDI of MOR
600. Resettlement organizations established in local governmental departments include the following:
(i) Railway Construction Support Office of Hubei Province (ii) Railway Construction Support Office of Yichang City (iii) Bureau of Land and Resource of Yichang City (iv) Railway Construction Support Office of Enshi Prefecture (v) Bureau of Land and Resource of Enshi Prefecture (vi) Railway Construction Support Office of Chongqing Municipality (vii) Railway Construction Support Office of Wanzhou District (viii) Bureau of Land and Resource of Wanzhou District (ix) Railway Construction Support Offices of cities and counties along the line (8 counties) (x) Bureaus of Land and Resource of cities, counties and districts along the line (8 counties, cities and districts) (xi) Land Acquisition and Removal Groups of Affected Villages and Township Governments (39 towns)
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Figure 11-1: Organization Chart for RP Implementation
Hubei Provincial Chongqing Municipality MOR Government Government
RSO of Yichang and RSO of Enshi and RSO of Wanzhou and RCMC FSDI Related Authorities Related Authorities Related Authorities
RSOs in 3 RSOs in 4 RSOs in 1 YWR Construction Counties/Districts and Counties/Districts and Counties/Districts and Headquarter Related Authorities Related Authorities related Authorities
Civil Works 7 Towns/Townships 21 Towns/Townships 11 Towns/Townships Contractor
51 Villages 106 Villages 47 Villages Affected HH Affected HH Affected HH
Source: FSDI.
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3. Obligations of the Institutions
601. Under the leadership of the county RCSO, the township and village institutions are in charge of actual implementation of surveys, measurements, and confirmation of the affected land, buildings, attachments, and the removal work.
602. The county RCSOs, under the leadership of the municipal or prefecture institutions, are in charge of making plans for land acquisition, compensation, disbursement of compensation received, and implementation of population displacement and resettlement.
603. The county Bureau of Land and Resource is in charge of unified land acquisition, approval of the applications for land acquisition permits, and, jointly with the RCSOs, development of specific compensation and resettlement plans for their county.
604. The county Bureau of Land and Resource is the executive department of the government in charge of unified land administration, which assumes the following major obligations:
(i) To implement State laws, policies and regulations regarding land administration. (ii) To conduct unified administration of land and urban/rural land affairs, land registrations; to survey and record the amount of land; to categorize land into quality levels; and to record and distribute land use certificates. (iii) To be in charge of land acquisition and disbursement, payment of disbursement and land re-arrangement; to conduct unified checks; to disburse land used temporarily for construction purposes; and to examine and apply for permission to use land. (iv) To administer the land market and to monitor and set right all kinds of illegal activities concerning land use. (v) To investigate and deal with cases violating the land administration laws. (vi) To make plans on land utilities and preserve development based on local plans, national economy and social development objectives in cooperation with relevant departments; and to check and monitor the implementation of plans. (vii) To monitor basic farmland protection, land development, and re-cultivation.
605. The RCSOs at the prefecture level are in charge of managing the land acquisition, housing demolition, and population resettlement within their administrative regions and the fund management. They are also responsible for collecting and synthesizing relevant data for land acquisition in coordination and cooperation with the railway. They also have the obligation to coordinate and manage work done by local and other groups in conjunction with Project construction.
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606. The chief executive of the province or his/her designee is the head of the provincial RCSO. Personnel of the RCSO come from the relevant departments involved in construction planning, personnel, land administration, labor force and employment, civil administration, power supply administration, as well as departments of security, industry, and agriculture. The RCSO is responsible for making macro-level policies and consulting with MOR, and for coordination and cooperation between the local governmental departments at all levels. In addition, the group sets the standards of compensation for the province.
607. The Traffic Department of the provincial Planning Committee is the macro management department of the provincial government for the Project. It is in charge of conducting research into the essential issues and strategies concerning traffic and transportation development. It also makes long-term and medium-term plans on construction of transport and other facilities in support of economic development, as well as special plans and annual plans. It examines and approves project plans and submits application for approval of the plans to higher institutions. It supervises and monitors collection and use of the basic traffic tolls and fees and helps to balance capacities of different transportation means. It functions as a coordinator in resolving significant issues in the implementation of transportation development plans. At the preparatory stage, as far as this Project is concerned, the traffic departments of the province/municipality involved will undertake all of the coordinating and preparatory work for the YWR.
608. Land acquisition groups of the contractors of all contracted sections are in charge of preparing and submitting applications for land acquisition, consulting with the local land departments on a daily basis, reporting progress in land acquisition, and handling incidental events.
609. Land acquisition groups of the engineering bureaus (the construction organization mainly in charge of construction of railway project) involved are in charge of making land utility plans and consulting with the land administration bureaus and RCSO at the county level.
610. Land acquisition groups of the YWR Construction Office of MOR are responsible for the land acquisition and population resettlement of the Project. They are also responsible for consulting and cooperating with the provincial railway support institutions in disbursing funds to the APs, as well as the internal monitoring of the Project during its construction.
611. The Foreign Capital and Technology Import Center of MOR coordinated the preparation of the resettlement plan and managed the socio-economic investigations and analysis conducted by FSDI and the Consultants.
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612. FSDI of MOR conducted surveys and measurements of the land acquisition and removal of houses and other appurtenances and infrastructure quantity and categories at the stages of feasibility study, preliminary design and construction design. It is also responsible for the resettlement costing of land acquisition and removal and resettlement.
613. RCSOs were set up and functioning in the three prefectures and in each of the eight counties on the alignment. They are attached to the Planning Commissions. The tasks and obligations of these offices include coordination and cooperation in activities regarding resettlement during the construction and implementation of land acquisition, housing demolition, and resettlement work.
4. High Level Coordination
614. The Planning Department, Construction Department, RCMC, and The Foreign Capital and Technology Import Center of MOR, as the high level coordination agencies, are in charge of resettlement related affairs during the preparatory period of the Project and the resettlement monitoring and evaluation work during and after the implementation period of the Project.
615. The YWR Construction Headquarters will perform the duty of the Project owner on behalf of MOR and have close contact and cooperate with the railway support offices of the two provinces. They will instruct their subordinate units that are responsible for land acquisition, housing demolition and relocation to deal with the affairs of land acquisition, housing demolition and relocation as well as resettlement in close cooperation with the RCSO at all levels.
616. RCSOs in Hubei Province and Chongqing Municipality are in charge of consulting on major issues with MOR and formulating the macro resettlement policies.
617. RCSOs in Yichang City, Enshi Prefecture, and Wanzhou District are in charge of coordinating and managing the tasks relative to resettlement in this Project. They are not only in charge of drawing, conducting, managing and coordinating the resettlement plan, but also in charge of coordinating the functions among the railway administrations.
B. Capacity To Plan And Manage Land Acquisition And Resettlement
618. The requirements regarding resettlement and compensation under both PRC Law and ADB policy were discussed with local officials on the alignment during the September 2002 field trip. It is clear to these officials that both the PRC Law and ADB policy embody the goal of assuring that the situation of affected persons is at least as good as that without YWR Project.
619. Interviews were conducted with relevant government departments of various levels along the alignment to find out their institutional organizations and staffs, and resettlement
149 experience. Resettlement organizations of provincial and city level governments are high-level coordination organizations. The RCSOs of Hubei province and Chongqing Municipality are all located at corresponding planning committees, and they have the full functions of high-level coordination and macro-direction. The three prefecture-level organizations (Yichang City RCSO, Enshi Prefecture RCSO, and Wanzhou Area RCSO) have resettlement experience and relevant staffs have good knowledge of resettlement laws and regulations of the PRC. In addition, the Wanzhou Area RCSO has the experience of resettlement for ADB railway projects. Resettlement organizations of the eight counties and districts have experience and capability in resettlement.
620. The eight county-level resettlement organizations have abundant experiences and ability in resettlement, which are from the following projects: Three Gorges Project, other medium and small reservoir projects, upgrading of national roads, railway projects, municipal works and other projects. Resettlement of some large or medium projects in Yichang has been completed or is under implementation. For the Three Gorges Project, the resettlement is scheduled to be completed from 1992 to 2010. Resettlement for the Gezhouba Dam Project was completed from 1970 to 1989. Resettlement for the Gaobazhou Reservoir is under implementation. Resettlement for the Geheyan Reservoir and Shuibuya Reservoir has been completed.
621. An RCSO was established in 1994 (when the initial survey and pre-feasibility study started) in Enshi Prefecture. The office now has 8 members located at the Enshi Prefecture Planning Committee. The Enshi City RCSO was set up in 1998. The office now has 5 persons. Badong County RCSO was founded in 1997, which has 7 staff members. Jianshi County RCSO was founded in 1998, which has 3 staff members. Lichuan County RCSO was founded in 1998, which has 4 staff members. Hubei Province RCSO was established in 1997, which now has 6 staff members.
622. Wanzhou RCSO will be established on the basis of previous Daxian-Wanzhou (Dawan) Railway RCSO. Land requisition and resettlement was completed from 1997 to 2001. Since 2001, relevant personnel started to take part in issues concerning YWR. They participated in coordination and resettlement issues on a full-time basis in the second half of 2002.
C. Capacity Building And Technical Assistance
623. Because of the size of this Project in villages along the alignment, and the need to take all prudent steps to assure that the poor will not be disadvantaged during the resettlement process, a plan for capacity building and institutional strengthening should be under preparation. The technical assistance from ADB should particularly focus on appropriate training of the local staff responsible for resettlement implementation and on establishing appropriate mechanisms to monitor and report on results of the resettlement.
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D. Role of Non Governmental Organizations
624. Non governmental organizations and community-based organizations do not have a significant presence along the alignment of the YWR. APs are involved in resettlement planning and management through their participation in village and collective groups.
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XII. RESETTLEMENT BUDGET AND FINANCING
A. Land Acquisition And Resettlement Costs
625. Comprehensive compensation standards (refer to Annex E) for land acquisition, resettlement and relocation were negotiated and established between the MOR and each of the provincial and municipal governments before actual implementation of the Project. These negotiations were within the general framework established under the PRC Law.
626. Tables 12-1 through 12-4 show the assumptions and parameter values per unit estimates used in developing the Land Acquisition and Resettlement Budget summarized in Table 12-5. Budget figures are tentative as the detailed census of land to be acquired and buildings to be demolished will be commenced upon approval of the Project by the State Development and Reform Commission. In so far as is possible, however, these estimates are consistent with the general framework of PRC Law. The fees and taxes related to land acquisition and housing demolition, collected by the State and local governments including land utility tax, land reclamation fees, funds for developing new vegetable fields, fees for urban subordinating facilities, planning fees, etc. are not listed in the budget because MOR negotiated with the affected province/municipality for a waiver (refer to Annex E).
Table 12-1: Land Acquisition and Compensation Rate Total Land Compensation Total Cost Item (mu) Rate (yuan/mu) (1,000 yuan) Paddy Land 2,184 10,000 21,838.80 Dry Land 3,941 8,000 31,526.80 Vegetable Garden 300 12,000 3,594.96 Orchard 1,628 7,000 11,394.18 Pond 513 8,000 4,101.44 Forestry Land 3,755 5,000 18,775.50 Homestead 71 5,000 352.65 Waste Land 3,919 1,000 3,919.00 Fruit Tree and Other Trees (20% of Orchard) 2,278.84 Contingency (5%) 5,640.13 Total 16,309 102,671.27 Source: FSDI. Table 12-2: Land for Young Crops and Compensation Rate Compensation Rate Item Total Land (mu) Total Cost (1,000 yuan) (yuan/mu) Paddy Land 2,184 500 1,091.94 Dry Land 3,941 400 1,576.34 Vegetable Garden 300 600 179.75 Orchard 1,628 350 569.80 Contingency (5%) 170.89
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Total 8,052 3,588.72 Source: FSDI.
Table 12-3: Temporary Use of Land and Compensation Rate Compensation Rate (4 Total Cost (4 Years) Total Land (mu) Item years) (yuan/mu) (1000 yuan) Wasteland 3,047 300 914.10 Contingency (5%) 45.71 Total 3,047 959.81 Source: FSDI.
Table 12-4: Total Housing Demolition and Compensation Rate Total Space Compensation Total Compensation Item 2 2 (m ) Rate (yuan/m ) (1,000 yuan) Storied buildings 196,602 280 55,048.56 Tiled houses 248,168 180 44,670.24 Simple structure houses 4,399 100 439.90 Appurtenance and moving 40,063.48 compensation 40% Contingency (5%) 7,011.11 Total 147,233.29 Source: FSDI.
627. These estimates include the cost for attached assets. As shown in the Project’s implementation schedule (Figure 13-1 in Section 13), these assets will be identified specifically when the detailed census is compiled during implementation of the RP. Since full compliance to legal requirements is a precondition for successful implementation of the RP, the agreement between MOR and Hubei Province and Chongqing Municipality included in Annex E provides a satisfactory framework for identification of all assets affected by YWR and establishment of a fair and equitable compensation standard for each asset. The explicit intent of the parties responsible for the implementation of the RP is to establish a realistic and practical framework to identify and equitably compensate APs for their assets in a manner which assures that the condition of all APs will be at least equal to, if not better than, without the Project. The standards and procedures included in the RP satisfies this intent. Therefore, the resettlement budget is estimated on the basis of impact value, relocation standard, entitlement, market price to recover the lost or damaged facilities, and the lost income potential.
628. During project implementation and before commencement of land acquisition and resettlement, specific policies and compensation standards will be distributed to all APs and villages. The census form will specifically list all assets of each AP and the compensation established for each asset. MOR is responsible under the law to fully compensate APs for their assets. The estimated cost of land acquisition and resettlement is Y336.6 million (Table 12-5).
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Actual costs may differ from the estimates given in the Table, so the Table includes contingencies.
629. MOR reached agreement with Chongqing Municipality recently. The agreements executed with the Hubei Province and Chongqing Municipality (see Annex E) establish the broad policy guidelines under which land acquisition and settlement will be accomplished:
(i) YWR is viewed as an important project for economic development and poverty reduction. (ii) Land acquisition and resettlement will be carried out in full compliance with the Land Administration Law of the PRC. (iii) Provincial and local fees and taxes for compensation for mineral resources, water resource, urban construction, education, water conservation, soil conservation are waived. The provinces and MOR will jointly apply to the State for exemption or reduction of any state level taxes or fees. (iv) Construction materials provided from local sources to construction companies building YWR will be priced at preferential rates with no local taxes or fees. Construction vehicles will be exempt from local road and bridge tolls. Preference will be given to local sourcing of materials when cost and quality are satisfactory. (v) Local government at all levels will take measures to support construction of YWR and be responsible for coordinating and handling any problems, which may arise during construction of YWR.
B. Annual Budget And Timing For Release Of Funds
630. The annual budget for key costs items for land acquisition and relocation is shown in the Table 12-5 are:
(i) 60% of land acquisition, compensation for standing crops, and replacement of buildings and structures will take place in year 1, with the balance occurring in year 2. (ii) Relocation of roads, communication lines and power lines will occur in years 2 and 3 in equal amounts. (iii) Temporary use of land is equally split among the first 4 years. (iv) A 5% physical contingency is included in the above costs.
631. Furthermore, the external monitoring cost of 6 years (during the period of resettlement and the first 2 years after resettlement completed) is counted. The cost is based on 300 yuan per kilometer per year, which is 703,800 yuan in total. The internal administration and monitoring costs are part of the overhead cost for each office.
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Table 12-5: Annual Budget for Land Acquisition and Resettlement (1,000 yuan) Items 1st year 2nd year 3rd year 4th year 5th year 6th year Total Land 61,603 41,069 102,671 Young Crops 2,153 1,435 3,589 Temporary Use Land 240 240 240 240 960 Building Relocation 88,340 58,893 147,233 Communication and 40,740 40,740 81,480 Electricity Line Relocation
External monitoring 117 117 117 117 117 117 704
Total Cost 152,453 142,495 41,097 357 117 117 336,637
C. Sources Of Financing
632. Funding for land acquisition and resettlement is from the MOR Railway Construction Fund and MOR borrowing from domestic sources.
633. MOR funds for land acquisition, housing demolition, and resettlement will be disbursed to the prefecture RCSOs before the Project construction commences. The specific amounts will be decided in accordance with the amount of land acquisition, housing demolition, and work progress in each prefecture.
634. MOR will transfer the funds to prefecture RCSOs and then to the affected families and villages via county RCSOs before land acquisition and housing demolition.
635. The affected families will receive compensation for their housing, attached trees, other improvements, and their loss in standing crops. The affected village will get compensation for affected land and attachments owned by village collectives. The village collectives will decide the expenditures based on relocation and economic rehabilitation strategy (refer to Sections 7, 8 and 9) and guarantee that the funds are spent on production development, land improvement, and on public causes. Upon receiving compensation, village collectives are obliged to reallocate land and new housing sites to the affected families.
636. Local governments have agreed to increase part of funds for resettlement, village-level recovery and help vulnerable communities recover production.
(i) Input funds to village rehabilitation plans (Refer to Section 9) (ii) Input funds to help vulnerable communities (Refer to Section 10) (iii) Provide housing plots free of charge for the relocated families.
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XIII. IMPLEMENTATION SCHEDULE
A. Time Schedule
637. The land acquisition and resettlement implementation timetable will be decided in accordance with the civil works and construction schedule. Land acquisition should be done before civil works start and there should be 3–5 months for the removal and reconstruction of new housing.
638. The construction period is planned as approximately 5years between December of 2003 and December of 2008. If the commencement date of main physical works for the Project changes, the anticipated completion times will be adjusted correspondingly.
639. The preparatory stage of railway construction is usually 4–6 months, including roads to support construction, connections for power, and communication lines, building and getting workshops and yards ready, removal of the infrastructure on the land acquired, and getting permission for utilities.
640. It is estimated that the start-up date of the main physical works for the Project will be December 2003. But the commencement of some key Project activities will be undertaken earlier. These projects include large bridges and tunnel projects for which the construction period is longer than civil works. In order to ensure the Project is substantially completed in approximately 5years, these key projects must begin earlier.
641. Main activities on construction of YWR and resettlement are listed in Table 13-1. Figure 13-1 shows the implementation schedule of resettlement.
Table 13-1: Resettlement Schedule Implementation Activity Responsible Unit Schedule Preparation and Preliminary Design FSDI 2001.3–2003.10 of the Project Resettlement Information Booklet MOR Local support organization 2003.6–2003.7 Identification of land acquisition Local land administration office, local support (detailed surveying and 2003.12–2004.12 organization, township, village, RCSO investigation) Investigation and quantifying of Local land administration office, local support housing of the affected families organization, township, village, affected household, 2003. 12–2004.12 (including belongings) RCSO Organizing consultation and Local land administration office, local support negotiation meetings and resettlers' organization, township, village, affected household, 2003. 9–2004.9 meetings RCSO Preparation of detailed Local land administration office, local support compensation and resettlement plan organization, township, village, affected household, 2003. 12–2004.12 (including identification of new RCSO housing site) Execution of agreements for land Government support organization, local land 2004.2–2005.2 acquisition and demolition of villages administration office, township, affected village and
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and households affected household
Implementation of compensation RCSO, government support organization, affected 2003. 12–2005.3 and payment village and affected household Building houses Affected household self-rebuilding 2004.1–2005.3 Assistance of affected household, village, township, Removal and demolition 2004. 4–2005.6 RCSO Civil engineering construction RCSO 2003.12–2008.12 Source: FSDI
B. Preparatory Stage Of Land Acquisition And Resettlement
642. Preparation work for land acquisition and population resettlement includes identification of design solution, distribution of the resettlement information booklet, identifying land to be acquired (normally defined as identification of red line), detailed surveying and investigation of housing (including asset quantity), public consultation and negotiation with resettlers, preparation for detailed compensation and resettlement plans, etc.
643. Some preparation work for land acquisition and population resettlement will be done by the railway design organization, such as the right-of-way design solution, preparation for cost of land acquisition and resettlement, and so on. Some will be done by MOR and the local government, such as agreement on land acquisition implementation, identification of red line for land acquisition, detailed surveying and investigation of housing and attachments, etc. Some preparation work will be done by relevant local government and county/town and affected villages simultaneously. These include decisions on new housing site, agreements for compensation for land acquisition and demolition, new housing standards, preparation of detailed implementation schedules, etc.
644. The resettlement information booklet was prepared in June 2003 and distributed by the local governments to all affected villages in July 2003.
C. Implementation Stage For Resettlement
645. The cost for land acquisition and resettlement for the Project will be disbursed by the local government (county-level land and resource administration office or railway construction support office). The resettlement plan will be implemented by local government land and resource administration offices, railway construction support offices, towns, and affected villages.
646. Agreements for land acquisition for each village will be signed by the county-level land and resource administration office and the affected village. It is estimated that these agreements will be executed from February to August 2004. Agreements for demolition of rural houses will be signed between county-level support and construction office and the households. There agreements are expected to be executed from August 2004 to February 2005.
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647. The compensation payment for land acquisition will be paid to the village by the county-level land and resource administration bureau, normally 30 days after the execution of agreement.
648. The compensation for demolition will be paid to the household by county-level RCSO, after the agreement is signed and before the dismantling of the house.
D. Provisions For Affected People Before Demolition
649. People affected by loss of housing will receive new housing sites and compensation prior to demolition of their old homes. In many cases, households will choose to build the replacement housing themselves. This may mean that the new house will not be finished prior to demolition of the old house. In these cases, people will receive compensation for temporary living quarters. In the case of standing crops taken before harvest, people will receive compensation for the value of the crops.
650. Enterprises losing their premises will be compensated for loss of income during the period of rebuilding and relocation.
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Figure 11-1£ºResettlement Plan Implementation Schedule 2002 2003 2004 2005 2006-2008 primary Institution in Activity 1st Qua 2nd Qua 3r d Qua 4th Qua 1st Qua 2nd Qua 3r d Qua 4th Qua 1st Qua 2nd Qua 3r d Qua 4th Qua 1st Qua 2nd Qua 3r d Qua 4th Qua 1st Qua 2nd Qua 3r d Qua 4th Qua Charge 123456789101112123456789101112123456789101112123456789101112123456789101112
Project preliminary and FSDI final preparation
Distribution of Local support railway offices resettlement information and land administration booklet departments Local planning and land Indentify land to be administration departments; acquired railway construction units Local support railway Registratering and offices;land departments; checking of housing township governments; village (including attachments) council; affected people; and Public consultation and Same as above negotiations
Preparation of compensation and resettlement plans Same as above (including decisions on new housing sites) Local support railway Agreement on land offices;land departments; acquisition and housing township governments; village demolition council; affected people Railway construction units; Disbursement of local support-railway offices; compensation affected villages and households
Housing restoration Mostly affected households
Affected people in cooperation Removal of affected with village and town units; households railway units
Civil engineering Railway construction units construction
Source: FSDI
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XIV. MONITORING AND EVALUATION
A. Objective and Scope
651. The first purpose of monitoring and evaluation is to ensure timely execution of projects as designed and scheduled. The second purpose is to find out problems and have them resolved promptly. The third purpose is to provide feedback to benefit design, execution, and management of future projects.
652. Evaluation of resettlement is expected to examine and decide whether the displaced population is appropriately resettled from a sociological and economic perspective, and whether its income and standard of living are at least as high as before resettlement. The conclusions drawn from monitoring and evaluation are supposed to provide feedback to the implementation and management of the Project so that inappropriateness, if any, can be redressed promptly and appropriate alterations made to implementation plans.
B. Baseline Data
653. Prior to implementing external monitoring on resettlement, it is necessary to establish a RP monitoring sample database representing 5% of the total affected households (that is, about 250 households). Each sample will have a record consisting of the following information:
(i) Members of household; (ii) Education level; (iii) Infrastructure facility services, such as health, safety, water, electricity, communication, etc.; (iv) Identification of the head of household as farmer or non-farmer; (v) Total income of the family and income source (total income and net income); (vi) Number of members going outside for jobs; (vii) Cultivated land contracted to the family; (viii) Agricultural production and value; (ix) Annual expenses of the family; (x) Quantity of productive asset and consumer goods for families; (xi) Cultivated Land affected; (xii) House affected; (xiii) Other affected attached values/assets; (xiv) Categorized compensation entitlements; (xv) Savings (creditor’s right) and debt; (xvi) Location of new house to be built and foundation area; (xvii) Measure of economic recovery (xviii) Reallocated cultivated land and category;
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(xix) Other resettlement measures; and (xx) Suggestions.
654. In addition, the village survey conducted in all 204 villages for this monitoring should be repeated annually.
C. Internal Monitoring Of Resettlement Targets
1. Objectives and Institutional Arrangements
655. The role of internal monitoring and evaluation is to ensure that resettlement institutions are well functioning during the course of Project implementation. The main objectives are to ensure that all of the resettlement work is done on time according to the schedule set in the RP, to guarantee that the affected people have their rights and interests well protected and given enough compensation on time, and that the civil engineering construction can be completed on time.
656. Internal progress monitoring will be carried out by Construction Coordination Department of Land Acquisition and Resettlement Group of YWR Project Construction Headquarter, which will detail the internal monitoring framework at each railway management organization. The Project Construction Headquarters will submit information regularly to MOR for inclusion in the quarterly project implementation report to ADB.
657. The resettlement data flow is from the county-level railway construction support office and the civil works contractor to the prefecture railway construction support office, then to the railway project construction headquarters. The county-level railway construction support office will fill out the forms regarding the resettlement progress on a monthly basis and submit them to the prefecture resettlement office and then to the railway project construction headquarters so that information can be aggregated and analyzed. The prefecture resettlement office will check the actual progress on a weekly basis. Data concerning Project construction will be compared with that presented in the tables filed by the county office.
2. Steps of Internal Monitoring
658. As part of the preparation for and internal monitoring of the resettlement plan, the following steps are envisioned:
(i) The Ministry-Province agreements to be executed by the Minister of MOR and Governors of the Provinces along the line are documents with legal authority since the agreements are worked out in accordance with Land Administration Laws of the PRC and Implementation Methods of the Land Administration Law formulated by the provincial governments. The agreements include all the basic
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principles and standards of land acquisition, housing demolition, and resettlement that should be applied for this Project. (ii) The RP formulated with coordination by MOR and participation of the province/cities along the line includes the actions and guiding principles that are commonly affirmed and accepted by all parties and, therefore, must be adhered to without any reservation during Project implementation. (iii) The MOR coordinator will check and supervise on the spot so as to find out and resolve any difficulties and problems in implementation. (iv) The MOR will diligently execute Project owner’s duties and obligations, and keep close contact and good cooperation with the provincial and cities’ RCSOs. Each regional railway administration’s (RRA) YWR Project Construction Office will compile internal monitoring information quarterly. (v) The Resettlement Panel of YWR Project Construction Headquarters is in charge of handling all affairs in land acquisition, housing demolition, and population resettlement. In addition to handling complaints of the localities, the panel is obliged to supervise local governments in using compensations appropriately. (vi) The resettlement panels of railway engineering bureaus involved in the Project construction are in charge of land acquisition, housing demolition, and population resettlement within their sections and will report their work to each RRA’s YWR Project Construction Headquarters. They will closely cooperate with township governments and are obliged to handle complaints and grievances of the local people. (vii) The resettlement staff members of engineering sections are in charge of land acquisition, housing demolition, and population resettlement within their sections. They will report their work to their superior units. In their resettlement work, they will closely cooperate with village and group cadres. (viii) The governments at all levels will organize implementation units for land acquisition, housing demolition, and population resettlement. Implementation progress will be reported in written form to MOR once every 3 months to be incorporated into the quarterly report to ADB. The governments will resolve problems that occur in resettlement implementation in consultation with the railway construction units at all levels. (ix) With coordination of the YWR Railway Construction Office, a quarterly report on construction progress, funds transfer and disbursement, and conditions of resettlement progress will be submitted to FITIC of MOR.
3. Scope of Internal Monitoring
659. Listed in Table 14-1 are internal monitoring indicators incorporated in the RP.
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D. External Independent Evaluation
1. External Monitoring
660. External independent monitoring must be performed by an independent social agency to conduct follow-up investigations of the implementation of land acquisition, resettlement and rehabilitation, and evaluate the whole process from an impartial, comprehensive, and long-term point of view. The general task of external independent monitoring is to provide information and foresight, based on follow-up investigations and data collection, to the Project resettlement office and the Project administration institution so that any problems concerning population displacement and resettlement can be solved promptly.
661. The selected monitoring agency is FSDI. They will conduct investigations and prepare external monitoring reports and submit them to YWR Project Construction Headquarters of MOR, which in turn will forward them to ADB annually. The first investigation will be for progress in 2004, and will be submitted to by March 31, 2005.
2. Evaluation Plan
662. External monitoring for the Project will include the following four steps:
(i) The preparation stage will identify the target persons and scope of investigation and draw up the outlines and forms to be used during investigation. (ii) The investigation stage will involve interviewing the target persons at all levels one-by-one; conducting field investigations; and gathering information and background data. (iii) The information feedback stage will feed the information collected in the investigation stage back to MOR, and discuss how to resolve problems, if any. (iv) Data will be classified and the collected information will be analyzed in the stage of diagnosis. (v) The report preparation stage will generalize conclusions, and draw up the monitoring and evaluation reports.
663. The basis of external independent monitoring and evaluation are the requirements of ADB on important resettlement project, which is consistent with the Law on Land Administration. Procedures and guide principles are described in Handbook on Resettlement (ADB 1998), the main principles of which are to improve the life of all affected persons or at least maintain the current level.
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Table 14-1: Internal Monitoring Indicators
Categories Indicators
- Have all land acquisition and resettlement staff been appointed and mobilized for the field and office work on time? - Have capability building and training activities been completed on schedule? - Are resettlement implementation activities being achieved according to the agreed plan? Budget and - Are funds for resettlement being allocated to the resettlement agencies on Time Frame time? - Have resettlement offices received the scheduled funds? - Have funds been disbursed to the affected villages and families according to the RP? - Has the social preparation phase taken place as scheduled? - Has all land been acquired and occupied in time for Project implementation? - Have all APs received the entitlements according to numbers and categories of loss set out in the entitlements matrix? - Have APs received payments on time? - Have APs losing temporary land been compensated? - Have all APs received the agreed transport costs, relocation costs, income substitution support and any resettlement allowances, according to schedule? - Have all replacement land plots or contracts been provided? Was the land developed as specified? - How many APs have received housing as per relocation options in the RP? - Does house quality meet the standards agreed? Delivery of - Have relocation sites been selected and developed as per agreed AP standards? Entitlements - Are the APs occupying the new houses? - Are assistance measures being implemented as planned for host communities? - Is restoration proceeding for social infrastructure and services? - Are APs able to access schools, health services, cultural sites and activities? - Are income and livelihood restoration activities being implemented as set out in the income restoration plan? - Have the affected businesses received entitlements including transfer and payments for net losses resulting from lost business and stoppage of production? - Have consultations taken place as scheduled? - Have resettlement booklets and announcements been delivered? Consultation, - How many APs know their entitlements? How many know if they have Grievance, been received? and Special - Have any APs used the grievance redress procedures? What were the Issues outcomes? - Have conflicts been resolved? - Was the social preparation phase implemented?
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- What changes have occurred in patterns of occupation, production, and resource use compared to the pre-project situation? - What changes have occurred in income and expenditure patterns compared to the pre-project situation? What have been the changes in Benefit cost of living compared to the pre-project situation? Monitoring - Have APs’ incomes kept pace with these changes? - What changes have taken place in key social and cultural parameters relating to living standards? - What changes have occurred for vulnerable groups? Source: FSDI.
3. Methods and Scope
664. Research methods of external monitoring and evaluation for the Project involve sample surveys, case studies, investigation of key problems, group interviews of important informants, follow-up visits, field observations, and analysis of correlative data banks collected by local governmental offices and MOR units.
665. FSDI will conduct its own baseline survey, be responsible for ensuring the accuracy and validity of the baseline census and survey data collected as part of internal monitoring, as well as making evaluation and confirmation of the annual tracking re-survey of the village and household sample, and preparing monitoring report and making response to ADB.
666. Once in 2 years after the completion of Resettlement, FSDI will be re-surveying the household and village sample. This will prove the success and sustainability of the YWR resettlement. The evaluation includes the implementation of resettlement, changes in the living standard and living style of the affected people and the restoration and reconstruction of the infrastructure in the affected area.
667. Listed in Table 14-2 are external monitoring indicators, which will be followed in external monitoring of the Project.
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Table 14-2: External Monitoring Indicators
Monitoring Indicators Basis of Indicators
- Location - Composition and structure: ages, educational and skill levels - Gender of household head - Ethnic group - Access to health, education, utilities and other social services - Housing type Basic Information - Land and other resource ownership and utilization patterns on AP Households - Occupation and employment patterns - Income sources and levels - Agricultural production data (for rural households) - Participation in neighborhood or community groups - Access to cultural sites and events - Value of all asset forming entitlements and resettlement entitlements - Were house compensations made free of depreciation, fees or transfer costs to APs? Restoration of Living - Have the APs adopted the housing options developed? Standards - Have perceptions of community been changed? - Have APs achieved replacement of key social and cultural elements? - Were compensation payments free of deduction for depreciation, fees or transfer costs to the AP? - Were compensation payments sufficient to replace lost assets? - Was sufficient replacement land available of suitable standard? - Did transfer and relocation payments cover these costs? - Did income substitution allow for re-establishment of enterprises and Restoration of production? Livelihood - Have enterprises affected received sufficient assistance to re-establish themselves? - Have vulnerable groups been provided proper means of earning income? - Do jobs provided restore pre-project income levels and living standards? - How much do APs know about resettlement, procedures and entitlements? - Do they know if these have been met? Levels of AP - How do APs assess the extent to which their own living standards and Satisfaction livelihoods have been restored? - How much do APs know about grievance and conflict resolution procedures? - Were the APs and their assets correctly enumerated? - Were any land speculators assisted? Effectiveness of - Was the time frame and budget sufficient to meet objectives? Resettlement Planning - Were entitlements too appropriate (wide or narrow )? - Were vulnerable groups identified and assisted? - How did resettlement implementers deal with unforeseen problems? - Were there unintended environmental impacts? Other Impacts - Were there unintended impacts on employment or incomes?
Source: FSDI.
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E. Monitoring Reports
1. Internal Monitoring
668. During the implementation of land acquisition, house removal and resettlement and economic recovery, the local RCSOs shall report on internal monitoring every month continually. The YWR Project Construction Office will submit quarterly information on land acquisition, housing demolition, and resettlement to MOR Engineering Management Center (EMC) and FCTIC for inclusion in the quarterly project implementation report to ADB by FCTIC.
669. Internal monitoring report shall include the information depicted in Tables 14-3 to 14-5.
Table 14-3: Quantity of Land Acquired and Temporary Land to be Used Total Land Acquired (mu) County Other Industrial Other Non- Temporary Affected Items Paddy and Town/ Dryland Orchard Cultivated and Mining cultivated Total Land Villages Land Township Land Land Land Element A Element B Element C Element D Total
Table 14-4: Quantity of Housing Demolition Industry Building to Family Building to be Removed (m2) be Removed (m2) County Brick Affected and Earth No. of Building Items Brick with Simple No. of Villages Town/To Wood Total Relocated Floor Concrete Roof Structure Industries wnship Structure Families Space Tile Element A Element B Element C Element D
Total
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Table 14-5: Compensation for Resettlement Land Temporary Family Industry Other Affected County and Items Acquired Use Land Removal Relocation Costs Villages Town/Township Element
A Element
B Element
C Element
D
Total
Note: This table makes a comparison between the plan and the actual conditions.
2. External Monitoring
670. FSDI shall conduct follow-up investigations of the implementation of the resettlement process and output. During the implementation of the land acquisition and resettlement, the external monitoring investigation and report shall be submitted every year. Initially, reports will focus on assessment of resettlement progress. Later, reports will focus on evaluation of the success of resettlement and economic rehabilitation by re-survey of baseline sample households. Evaluation will be conducted in 2 years after the resettlement of households. The reports by FSDI will be submitted to the Project Management Center of MOR and FCTIC of MOR and then forward to ADB by FCTIC.
671. The external monitoring and evaluation report format shall be detailed in the contract between FSDI and the construction department entrusted by MOR.
672. The external monitoring can be used to compare the actual implementation progress versus the total planned target for resettlement. Further explanation should be made on why (for some component), the scope of resettlement has been reduced, while for some other components, the scope of resettlement has increased.
673. The external monitoring will investigate the compensation rate standard for resettlement for the affected families. By visiting selected villages (including thethe three main station sites in Enshi Prefecture) and interviewing different affected people, the monitoring agency should compare compensation rates for various items, including different structures, attached properties, and different types of land. Such comparisons should give detailed explanations if there are major gaps between the compensation in the RP and actual compensation.
674. Another issue is to see whether proposed rehabilitation measures in the RP have been implemented, which include both economic rehabilitation and housing reconstruction. For the
168 housing reconstruction, the report should focus on whether all the relocated households have been allocated new housing plots free of charge; whether they received all their housing compensation, including compensation for other properties, moving and transfer assistance, etc.; and whether the total compensation is sufficient to rebuild their houses. A comparison of housing conditions between old and new houses should be conducted among selected resettlers. The household survey will focus on whether they received all the agreed compensation or rehabilitation assistance, such as self-employment funds, whether the village group has redistributed farmland, etc., what their current income level is, and whether this is higher than it used to be.
169 Annex A: Detail of Land to be Acquired, and Buildings to be Demolished Table A-1: Land to be Acquired for Right-of-way by Prefecture and County For Temporary Prefecture/ County Land to be Acquired (mu) Use (mu) Vegetable Sub Total Paddy Land Dry Land Orchard Pond Forest Homestead Others Others Garden Yichang City 5,505 500 1,169 51 1,010 300 1,091 3 1,381 267 Wujiagang District 1,703 170 440 9 496 270 66 0 252 63 Dianjun District 2,018 170 362 26 396 20 285 3 757 88 Changyang County 1,784 160 367 16 118 11 741 0 372 116 Enshi Prefecture 9,547 1,411 2,361 222 618 81 2,264 52 2,538 2,424 Badong County 426 12 329 2 16 1 27 7 31 127 Jianshi County 2,436 413 542 28 198 18 463 1 773 297 Enshi City 3,447 503 843 132 176 31 1,125 38 599 1,449 Lichuan City 3,238 484 647 59 228 31 648 6 1,135 551 Wanzhou District 1,257 273 410 27 0 132 400 15 0 356 Wuqiao District 1,257 273 410 27 0 132 400 15 0 356 Total 16,309 2,184 3,941 300 1,628 513 3,755 71 3,919 3,047 Source: FSDI
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Table A-2: Quantity of Removal for Right-of-way by Prefectures and Counties Total Buildings to be Demolished (m2) Pond / Well Grave / Tomb Simple Structure Brick-Tile Brick-Concrete Fence (meters) Total (unit) (unit) Prefecture/ County House House House Yichang City 123,894 49,539 74,355 468 1,200 Wujiagang District 39,994 8,982 31,012 16 125 Dianjun District 60,296 18,078 42,218 249 775 Changyang County 23,605 22,479 1,126 203 300 Enshi City 237,511 4,399 141,279 91,833 89 213 613 Badong County 1,990 1,990 Jianshi County 53,235 38,584 14,651 1 473 Enshi City 104,648 4,177 63,634 36,837 65 140 140 Lichuan City 77,638 222 37,071 40,345 23 73 Wanzhou 87,764 57,350 30,414 1,200 755 Wuqiao District 87,764 57,350 30,414 1,200 755 Total 449,169 4,399 248,168 196,602 89 1,881 2,568 Source: FSDI Notes: Data is incomplete on simple structure house, well/pond, tomb/grave and fence in these tables, since such data was not included in FSDI’s preliminary design.
171 Table A-3: Land to be Acquired for Right-of-way by Prefecture and County Temporary County / Land to be Acquired (mu) Use (mu)
Vegetable District Sub Total Paddy Land Dry Land Orchard Pond Forest Homestead Others Others Garden Yichang Others 3,213 319 706 51 334 33 388 1 1,381 153 City Stations 2,292 181 463 676 267 703 2 114 Wujiagang Others 544 50 107 9 54 6 66 252 13 District Stations 1,159 120 333 442 264 50 Dianjun Others 1,631 150 322 26 162 17 197 1 757 38 District Stations 387 20 40 234 3 88 2 50 Changyang Others 1,038 119 277 16 118 11 126 372 102 County Stations 746 41 90 615 14 Enshi Others 5,813 596 1,272 83 618 65 637 4 2,538 1,343 Prefecture Stations 3,734 815 1,089 139 16 1,627 48 1,081 Badong Others 93 12 18 2 16 1 12 31 84 County Stations 333 311 15 7 43 Jianshi Others 1,749 184 366 28 198 18 181 1 773 192 County Stations 687 229 176 282 105 Enshi Others 1,555 179 372 24 176 15 188 2 599 741 City Stations 1,892 324 471 108 16 937 36 708 Lichuan Others 2,416 222 516 28 228 31 255 1 1,135 326 City Stations 822 262 131 31 393 5 225 Wanzhou Others 353 56 75 130 92 80 Prefecture Stations 904 217 335 27 2 308 15 276 Wuqiao Others 353 56 75 130 92 80 District Stations 904 217 335 27 2 308 15 276 Total Others 9,380 971 2,054 134 952 228 1,117 6 3,919 1,576 Stations 6,930 1,213 1,887 166 676 285 2,638 65 1,471 Source: FSDI Feasibility Study 2002 Note: “Others” include right of way between stations such as track, overpass/underpass, and other facilities.
172 Table A-4: Quantity for Removal ofProperty by Prefecture and County County / Land for Removal (square meters) Simple Brick-Tile Brick-Concrete Pond / Well Grave / Tomb Fence District Sub Total Structure House House House (unit) (unit) (meter)
Yichang Others 78,087 32,207 45,880 68 500 City Stations 45,807 17,332 28,475` 400 700 Wujiagang Others 15,349 4,160 11,189 16 125 District Stations 24,645 4,822 19,823 Dianjun Others 46,046 12,480 33,566 49 375 District Stations 14,250 5,598 8,652 200 400 Changyang Others 16,693 15,567 1,126 3 County Stations 6,912 6,912 200 300 Enshi Others 124,629 222 81,951 42,456 2 613 Prefecture Stations 112,882 4,177 59,328 49,377 87 213 Badong Others County Stations 1,990 1,990 Jianshi Others 45,143 30,492 14,651 1 473 County Stations 8,092 8,092 Enshi Others 29,398 21,812 7,586 140 City Stations 75,250 4,177 41,822 29,251 65 140 Lichuan Others 50,088 222 29,647 20,219 1 City Stations 27,550 7,424 20,126 22 73 Wanzhou Others 36,880 20,073 16,807 1,000 Prefecture Stations 50,884 37,277 13,607 200 755 Wuqiao Others 36,880 20,073 16,807 1,000 District Stations 50,884 37,277 13,607 200 755 Total Others 239,596 222 134,231 105,143 2 1,068 1,113 Stations 209,573 4,177 113,937 91,459 87 813 1,455 Source: FSDI Note: “Others” include right of way between stations such as track, overpass/underpass, and other facilities.
173 Table A-5: Land Acquisition and Property Removal for Stations Houses / Buildings to be demolished (square meters) Attachment Strucutre Land to be permanently acquired (mu) Temporary use (mu) Station Location Sub Simple Pond / Grave Brick-Tile Brick-Concrete Fence Sub Paddy Dry Vegetable Total Structure Well / Tomb Orchard Pond Forest Homestead Others House House Total Land Land Garden House (unit) (unit) (meter) Huayan 24,645 4,822 19,823 1,159 120 333 264 442 50 Yichang East Guandaochong 10,747 4,043 6,704 125 20 3 102 50 Tangjiabao 1,877 181 1,696 100 200 128 1 50 77 Yanwan 1,626 1,374 252 100 200 123 40 1 82 Shangzhongba 11 11 Wangjialing 30 30 Hejiaping 1,685 1,685 100 100 282 282 Toudaohe 1,646 1,646 50 100 126 20 30 1 75 Changwawu 587 587 50 100 121 60 61 Hongwawu 560 560 108 108 Langping 2,434 2,434 80 21 59 14 Yesanguan 1,990 1,990 317 311 6 43 Zhijinghe 15 15 Gaoping 3,253 3,253 118 118 14 Loushuidong 725 725 121 21 18 82 29 Heshuiping 1,149 1,149 110 27 43 40 7 Jianshi 2,965 2,965 338 63 115 160 55 Baiyangping 10,885 550 8,593 1,742 105 27 11 67 15 Luzhuba 8,231 480 7,419 332 15 20 141 48 32 5 56 Longfengba 8,874 440 4,368 4,066 5 34 171 87 2 2 12 68 66 Enshi 33,162 2,217 12,908 18,037 36 27 966 276 198 46 446 103 Longlin’guan 589 589 38 163 41 14 6 12 90 350 Baiguo 11,300 490 6,060 4,750 77 22 9 12 34 94 Xiaoxigou 2,209 1,885 324 9 21 31 10 21 2 Qingkou 4,106 938 3,168 18 22 232 58 3 16 155 35 Yuanbao 1,042 554 488 4 26 191 48 41 5 31 66 43 Lichuan 20,826 4,356 16,470 25 304 89 215 73 Liangwu 125 125 70 Qiyueshan 1,023 1,023 182 70 112 31 Guancangping 553 553 26 26 51 Luotian 2,276 1,380 896 16 Guyu 3,653 3,653 200 300 179 60 12 107 Shuanghe 1,612 1,612 89 40 1 48 34 Tanshaoxi 969 969 174 41 34 2 27 70 74 Wanzhou 42,374 29,663 12,711 455 462 116 261 2 83 152 G. Total 209,573 4,177 113,937 91,459 87 813 1,455 6,930 1,213 1,887 285 65 676 166 2,638 1,471 Source: FSDI, Feasibility Study 2002
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Annex B: Information on Townships and Villages Along the Alignment Table B-1: List of Towns/Townships and Villages Traversed by YWR Wuqiao of Wanzhou District: 11 towns/townships with 47 villages PanLong office: Tuokou, Lianhe WuQiao office: XiangLuShan community, MinAn, WanShiQiao community, LuJia BaiAn office: YongLe ChangLing Town: HuiLong, ShengTian, XingHua, FenWan, FuJia, TangPu, CaoJia YouSha countryside: Tianfeng, Yihe, Xiaotang, Luchi, Loufang CiZhu countryside: Shengjia, Cizhu, QianYan, Wailiang, Huayan, Minzhu, Zaomu ShuangLiu countryside: XiongJia, Fengjia, Longtai, Hongshui, Qianqiu, Dujia GuYu countryside: Zhongping, Yeya, Xiaohe, Jiangzui, Guixiang ZhongShan countryside: Lianhe, Yanping LuoTian township: Xinhua, Huayuan, Sanxi, Liuhe, Zitong, Tiansheng, Changyan Longbao District of Wanzhou Prefecture: Longduba: Yanshangba Lichuan City 10 towns/townships with 42 village MouDao: QingShaTang, Zhongxin, XianFeng, LiZiYuan, HaiLuoKou, FengZhu QiYue Township: KanJin, TuanJie NanPing Township: YeCha WangYing Township: Baiyangzui, Daluping, Datiaodun, XiuShui, Gaokan,Lishu, Xiaoxi LiangWu Township: ChenGu, LiangWu, LaoChang, ShuiYuan, QiGan, ChiGu DuTing: LinJia, ZhaMu, Muzhan, Datang TenLong Develop Zone: WangJiaWan, YanTongSi DongCheng office:Taiping, Maqiao, Lizi, Chenghuang YuanBao: XinChang, Huaping, Xiaotang, Maozhen, yuanbao TuanBao: Qingkou, BaiLaKou, YunWuShan, CaiJiaWan, Baoguoba Enshi City of Enshi Prefecture: 5 townships with 24 villages Baiyangping township: Dongyuegong, Baiyangping, Baishapu, Baiyantou, Mazhuyuan, Yanshuiba, Dongjiadian, Luzhuba LongFengBa: Yejiaobo, Daiyanpo, Sanhe, Sanlongba, Huashiban, Yuzhongchang, Zhuyuanpo WuYangBa office: FengXiangPing XiaoDuChuan office: Xiaocun, Fangjiaba, Doupo DunBao: TuYuHe, Luozhentian, Datangcun, FupingTan, ShuiLiu, KuaShiWan, ZaoShuPing JianShi County: 4 townships with 27 villages GaoPing Town: HuaShiBan, JinTangWan, MaZhaPing, HuangKouBa, ShiYaZi, BaiGuoShu, DaDianZi, MenShiBa HongYanSi Town: TaoYuan, HuangMuYa SanLi Township: XiangShuWan, FengXiangShu, ShiPai, YaoChang, MaPo, XiLong, CunFang, ZhaYuKou, PanLong, LiangFengYa YeZhou Town: SiFangJing, JinYinDian, XiaoYaMen, AnLeJing, NiuJiaoShui, LuoJiaBa, YangLiuChi BaDong County:2 townships with 13 villages YeSanGuanTown: XiangDongPing, MuLongYa, DaGanPing, GuXianPing, TanJia, RuanJia, ShiMaLing, FengMu, MiaoPing DaZhiPing Town: ShuiTongPing, ShuiGuBa, DaZhiPing, YeSanBa ChangYang County of Yichang City: 3 townships with 18 villages GaoJiaYan: TongBaoShan, ShiCheng, MuQiaoXi LangPing Town: ShaPing, PiCun, ZhenTouHe, QingLinTou, LangPing, BaZiLing HeJiaPing: NieJiaCun, JingYangPing, YuJiaWan, WangGaoShan, SanYouPing, HeJiaPing, WanShouQiao, MaLuChi, BaoZhen DianJun District of YiChang city: 3 townships with 23 villages QiaoBian Town: QiaoBian, JianJiaChong, LiJiaWan, XiangLing, HanJiaBa, LiuLiHe, ShuangYanKou DianJun Township: WuLongCun, JuanQiaoHe, TangShang LianPeng Township: FuAn, BaiRiPo, YuJiaBa, DaSongLin, CaiJiaFan, LiJiaBa, ChuanXinDian, SiFangWan, HuangJiaLing, TianYan, DaShiMen, TanJiaLing, GanGuoLing WuJiaGang of YiChang City: 1 township with 10 villages WuJiaGang Township: LingBao, GongSheng, GongHe, GongTong, GongQiang, HuoGuang, LianFeng, ChaoGuang, HanYi, HeYi
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Table B-2: Land and Cultivated Land by Village Cultivated Total Land % Land Cultivated Land County Township Village Land Per (mu) Cultivated Per Capita (mu) Household (mu) Badong Dazhiping Dazhiping 5,382 30.9% 3.69 1.14 Badong Dazhiping Shuidongping 4,357 27.2% 5.40 1.69 Badong Dazhiping Shuiguba 5,400 33.1% 5.34 1.42 Badong Dazhiping Yesanba 3,352 26.5% 3.46 1.04 Badong Yesanguan Daganping 3,849 55.7% 6.13 1.83 Badong Yesanguan Fengmu 5,270 23.7% 6.98 2.00 Badong Yesanguan Guxianping 9,767 30.6% 8.57 2.44 Badong Yesanguan Miaoping 11,150 18.5% 6.65 1.80 Badong Yesanguan Mulongping 3,471 53.9% 4.70 1.37 Badong Yesanguan Shimaling 7,480 24.1% 11.46 3.00 Badong Yesanguan Tanjia 3,548 54.6% 5.33 1.53 Badong Yesanguan Wuanjia 28,351 9.0% 7.45 2.19 Badong Yesanguan Xiangdongpin 6,308 24.7% 6.49 1.96 Changyang Gaojiayan Baoshan 1,682 16.8% 5.13 1.73 Changyang Gaojiayan Muqiao 2,116 24.4% 2.92 0.74 Changyang Gaojiayan Shicheng 1,778 42.6% 5.79 1.65 Changyang Hejiaping Baozheng 8,944 5.4% 3.98 1.12 Changyang Hejiaping Hejiaping 5,883 23.5% 4.14 1.26 Changyang Hejiaping Jinyangping 960 100.0% 5.13 1.48 Changyang Hejiaping Maluchi 17,897 11.3% 8.24 2.36 Changyang Hejiaping Niejiaping 4,865 19.8% 4.64 1.28 Changyang Hejiaping Sanyouping 2,622 46.6% 5.05 1.50 Changyang Hejiaping Wanggaoshan 6,923 24.0% 5.57 1.55 Changyang Hejiaping Wanshouqiao 2,846 29.4% 4.73 1.39 Changyang Hejiaping Yujiawan 3,356 31.5% 4.11 1.18 Changyang Langping Baziling 8,800 12.5% 6.51 1.82 Changyang Langping Langping 2,142 43.0% 4.08 1.22 Changyang Langping Picun 6,009 18.5% 3.88 1.29 Changyang Langping Qinglintou 8,900 16.9% 6.28 1.76 Changyang Langping Shaping 4,356 29.5% 5.28 1.54 Changyang Langping Zhengtouhe 5,170 32.3% 7.70 2.50 Dianjun Dianjun Juanqiao 1,233 37.1% 0.97 0.25 Dianjun Dianjun Tangshang 6,719 35.7% 2.59 0.72 Dianjun Dianjun Wulong 3,594 19.4% 1.33 0.37 Dianjun Lianpeng Bairipo 6,050 34.0% 9.13 2.32 Dianjun Lianpeng Caojiafan 3,062 49.4% 7.00 2.07 Dianjun Lianpeng Chuanxindian 3,391 27.5% 3.78 1.08 Dianjun Lianpeng Dashimen 7,601 21.0% 6.06 1.91 Dianjun Lianpeng Dasonglin 9,177 18.2% 6.69 2.30 Dianjun Lianpeng Fuan 5,400 75.9% 6.00 1.80 Dianjun Lianpeng Gangouling 2,226 32.6% 7.33 2.53 Dianjun Lianpeng Huangjialing 4,387 41.6% 7.28 2.28 Dianjun Lianpeng Lijiaba 1,592 89.3% 4.47 1.42 Dianjun Lianpeng Sifangwan 4,428 23.4% 4.23 1.28 Dianjun Lianpeng Tanjialing 3,835 28.2% 7.74 2.52 Dianjun Lianpeng Tianyan 3,127 32.8% 7.34 2.21 Dianjun Lianpeng Yujiaba 5,165 29.7% 5.73 1.89 Dianjun Qiaobian Hanjiaba 3,036 25.0% 3.21 0.97 Dianjun Qiaobian Jianjiachong 4,170 29.5% 5.35 1.54 Dianjun Qiaobian Lijiawan 2,060 80.1% 4.16 1.21 Dianjun Qiaobian Liulihe 3,815 55.2% 4.39 1.31
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Cultivated Total Land % Land Cultivated Land County Township Village Land Per (mu) Cultivated Per Capita (mu) Household (mu) Dianjun Qiaobian Qiaobian 2,619 71.0% 2.64 0.77 Dianjun Qiaobian Shuangyankou 1,170 100.0% 3.82 1.15 Dianjun Qiaobian Xiangling 488 100.0% 2.46 0.79 Enshi Baiyangping Baishapu 1,944 39.0% 3.40 0.89 Enshi Baiyangping Baiyangping 4,684 27.6% 3.16 0.77 Enshi Baiyangping Baiyantou 3,675 35.8% 4.38 1.12 Enshi Baiyangping Dongjiadian 2,494 40.8% 3.30 0.96 Enshi Baiyangping Dongyuegong 3,951 32.2% 3.64 0.94 Enshi Baiyangping Luzhuba 3,625 33.8% 3.64 1.09 Enshi Baiyangping Mazhuyuan 5,201 35.5% 4.25 1.13 Enshi Baiyangping Yanshuiba 3,944 41.1% 4.81 1.43 Enshi Longfeng Huashiban 5,828 16.8% 3.33 0.84 Enshi Longfeng Sanhe 6,747 24.7% 3.00 0.88 Enshi Longfeng Sanlongba 2,762 52.5% 2.42 0.71 Enshi Longfeng Taiyangpo 2,125 33.2% 1.77 0.56 Enshi Longfeng Yijiaoba 5,740 18.8% 2.93 0.85 Enshi Longfeng Zhuyuanbo 6,500 21.5% 3.28 0.84 Enshi Tunbao Datangcun 2,350 66.0% 6.71 1.87 Enshi Tunbao Fupingtan 718 100.0% 2.90 0.84 Enshi Tunbao Kuashiwan 4,460 18.8% 5.37 1.25 Enshi Tunbao Luozhentian 3,553 33.2% 2.60 0.79 Enshi Tunbao Shuiliu 4,285 17.2% 4.25 1.21 Enshi Tunbao Tuyuhe 10,763 14.8% 8.28 2.34 Enshi Tunbao Zaoshuping 13,900 7.1% 2.07 0.62 Enshi Wuyangba Fengxiangpin 4,200 54.8% 2.03 0.60 Enshi Xiaoduchuan Doupo 6,172 11.7% 3.35 0.93 Enshi Xiaoduchuan Fajiaba 5,106 21.9% 2.51 0.66 Enshi Xiaoduchuan Xiaochun 3,550 21.0% 2.08 0.64 Jianshi Gaoping Baiguoshu 2,385 45.5% 4.09 1.12 Jianshi Gaoping Dadianzi 5,503 26.7% 4.18 1.22 Jianshi Gaoping Huangkouba 1,889 100.0% 4.49 1.06 Jianshi Gaoping Huashiban 6,953 20.4% 3.67 1.07 Jianshi Gaoping Jintangwan 8,603 28.2% 4.41 1.44 Jianshi Gaoping Mazapin 9,296 16.1% 3.32 0.94 Jianshi Gaoping Minshiba 3,269 22.0% 3.37 0.94 Jianshi Gaoping Shiyama 3,715 49.3% 3.39 0.92 Jianshi Hongyansi Huangmuya 7,841 26.0% 8.16 2.33 Jianshi Hongyansi Taoyuan 9,080 43.9% 6.05 1.70 Jianshi Shanli Chunfang 1,465 79.5% 2.65 0.80 Jianshi Shanli Fengxiangcun 2,780 38.8% 3.40 0.89 Jianshi Shanli Huaitang 1,467 79.6% 2.22 0.62 Jianshi Shanli Mapo 1,713 38.7% 3.66 0.91 Jianshi Shanli Panlong 5,670 40.0% 3.66 0.99 Jianshi Shanli Shipai 1,989 37.2% 3.11 0.79 Jianshi Shanli Xiangshuwan 4,437 41.3% 4.41 1.23 Jianshi Shanli Yaochang 1,859 40.8% 4.26 1.18 Jianshi Shanli Zayukou 3,526 34.8% 3.61 0.97 Jianshi Yezhou Anlejing 13,800 23.1% 3.36 0.96 Jianshi Yezhou Jinyindian 4,499 34.4% 2.32 0.66 Jianshi Yezhou Luojiaba 5,683 40.0% 3.09 0.86 Jianshi Yezhou Niujiaoshui 4,320 49.8% 3.87 1.07 Jianshi Yezhou Sifangjing 2,323 41.5% 2.42 0.68
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Cultivated Total Land % Land Cultivated Land County Township Village Land Per (mu) Cultivated Per Capita (mu) Household (mu) Jianshi Yezhou Xiaoyamen 7,969 36.6% 6.16 1.79 Jianshi Yezhou Yangliuchi 5,529 27.5% 3.21 0.84 Lichuan Dongcheng Cheng Huang 965 78.2% 2.53 0.78 Lichuan Dongcheng Da Ping 2,680 40.3% 3.86 1.11 Lichuan Dongcheng Lizhi 1,239 93.7% 2.29 0.62 Lichuan Dongcheng Maqiao 1,505 80.1% 3.04 0.96 Lichuan Duting Datang 1,158 87.9% 1.88 0.54 Lichuan Duting Linjia 2,393 73.8% 3.42 1.05 Lichuan Duting Muzhan 3,900 40.3% 3.28 0.89 Lichuan Duting Zhamu 7,400 22.8% 3.25 0.90 Lichuan Liangwu Chengu 2,902 41.4% 4.10 1.11 Lichuan Liangwu Chigu 3,042 94.4% 4.57 1.29 Lichuan Liangwu Laochang 8,966 30.4% 4.96 1.36 Lichuan Liangwu Liangwu 2,915 47.9% 2.70 0.87 Lichuan Liangwu Qigan 3,647 63.1% 3.41 0.91 Lichuan Liangwu Shuiyuan 3,117 69.5% 3.59 1.07 Lichuan Moudao Fengzhu 3,555 21.8% 3.40 0.92 Lichuan Moudao Hailuokou 4,114 26.9% 3.94 1.01 Lichuan Moudao Liziyuan 7,857 30.0% 5.36 1.42 Lichuan Moudao Qingshatang 4,068 30.1% 6.19 1.67 Lichuan Moudao Xianfeng * * 3.19 0.84 Lichuan Moudao Zhongxin 6,574 28.7% 4.77 1.25 Lichuan Nanping Yecha 8,254 29.7% 5.35 1.36 Lichuan Qiyue Kanjin 2,157 38.8% 7.41 1.90 Lichuan Qiyue Tuanjie 6,788 88.0% 17.47 4.31 Lichuan Tenglong Dev Wang Jiawan 2,338 39.3% 3.96 1.00 Lichuan Tenglong Dev Yandongsi 1,483 24.6% 0.72 0.28 Lichuan Tuanbao Baiguoba 5,418 39.2% 3.89 1.38 Lichuan Tuanbao Bailakou 4,245 20.7% 3.40 1.02 Lichuan Tuanbao Caijiawan 4,078 23.0% 3.60 1.03 Lichuan Tuanbao Jingkou 4,637 33.8% 3.17 0.98 Lichuan Tuanbao Yunwushan 4,800 26.4% 7.20 2.16 Lichuan Wangying Baiyangzui 4,607 74.0% 5.43 1.35 Lichuan Wangying Daluping 3,225 81.4% 4.53 1.22 Lichuan Wangying Datiaodun 3,571 43.4% 5.50 1.49 Lichuan Wangying Gaokan 4,021 57.1% 4.25 1.03 Lichuan Wangying Lishu 4,550 67.0% 5.26 1.40 Lichuan Wangying Xiaoxi 4,502 44.4% 5.54 1.43 Lichuan Wangying Xiushui 2,660 70.3% 4.83 1.33 Lichuan Yuanbao Huaping 4,350 29.9% 4.33 1.18 Lichuan Yuanbao Maozhen 1,688 81.2% 3.04 0.83 Lichuan Yuanbao Xiaotang 4,710 42.0% 3.44 1.01 Lichuan Yuanbao Xinchang 2,350 48.1% 3.86 1.06 Lichuan Yuanbao Yuanbao 2,280 64.9% 2.71 0.69 Longbao Longduban Yanshangba * * 3.06 0.91 Wujiagang Wujiagang Chaoguang 4,404 63.9% 3.42 1.03 Wujiagang Wujiagang Gonghe 1,215 22.3% 0.74 0.20 Wujiagang Wujiagang Gongqiang 905 64.6% 1.37 0.48 Wujiagang Wujiagang Gongsheng 1,017 90.2% 2.66 0.80 Wujiagang Wujiagang Gongtong 3,450 76.7% 5.09 1.64 Wujiagang Wujiagang Hanyi 79 100.0% * * Wujiagang Wujiagang Heyi 867 47.2% 0.92 0.41
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Cultivated Total Land % Land Cultivated Land County Township Village Land Per (mu) Cultivated Per Capita (mu) Household (mu) Wujiagang Wujiagang Huoguang 320 50.3% 0.27 0.09 Wujiagang Wujiagang Lianfeng 2,283 48.6% 3.13 1.01 Wujiagang Wujiagang Lingbao 7,994 13.0% 3.19 0.87 Wuqiao Changling Caojia 2,105 28.5% 2.22 0.64 Wuqiao Changling Fengwan 2,328 27.1% 1.89 0.61 Wuqiao Changling Fujia 955 86.9% 1.89 0.57 Wuqiao Changling Huilong 778 91.6% 1.65 0.50 Wuqiao Changling Shengtian 712 88.8% 1.80 0.53 Wuqiao Changling Tangpu 1,818 30.1% 1.88 0.56 Wuqiao Changling Xinghua 786 86.5% 1.94 0.57 Wuqiao Luotian Changyan 2,855 47.7% 4.38 1.20 Wuqiao Luotian Tiansheng 995 94.7% 3.49 0.91 Wuqiao Luotian Zhongtai * * 5.01 1.48 Wuqiao Matou Huayuan 1,489 53.1% 3.84 0.96 Wuqiao Matou Liuhe 3,241 62.5% 5.24 1.43 Wuqiao Matou Sanxi 1,755 77.5% 4.76 1.35 Wuqiao Matou Xinhua 2,045 46.3% 6.67 1.61 Wuqiao Panlong Lianhe * * * * Wuqiao Panlong Tuokou 550 100.0% * 0.30 Wuqiao Zhongshan Lianhe1 3,810 28.3% 4.91 1.48 Wuqiao Zhongshan Yangping * * * * Wuqiao Baian Yongle 590 74.6% 1.17 0.40 Wuqiao Cizu Cizu 1,890 37.0% 2.11 0.52 Wuqiao Cizu Huayan 3,009 25.6% 3.45 1.07 Wuqiao Cizu Minzhu 2,758 28.4% 3.17 0.90 Wuqiao Cizu Qianyan 2,620 26.0% 3.33 0.93 Wuqiao Cizu Shengjia 3,301 28.7% 3.51 1.12 Wuqiao Cizu Wailiang 7,586 8.5% 3.08 0.90 Wuqiao Cizu Zaomu 2,688 29.3% 3.52 1.00 Wuqiao Guyu Guixiang 9,551 7.9% 4.06 1.12 Wuqiao Guyu Jiangju 3,232 26.5% 3.91 1.23 Wuqiao Guyu Xiaohe 2,696 29.7% 2.47 0.72 Wuqiao Guyu Yeya 2,315 40.4% 3.98 1.17 Wuqiao Guyu Zhongping 905 69.1% 4.01 1.13 Wuqiao Shuangliu Hongshui 3,589 27.3% 3.08 0.84 Wuqiao Shuangliu Dujia 3,719 29.4% 2.79 0.78 Wuqiao Shuangliu Fengjia 3,104 26.6% 2.76 0.77 Wuqiao Shuangliu Longtai 3,163 46.9% 2.83 0.76 Wuqiao Shuangliu Qianqiu 2,351 33.3% 3.25 0.86 Wuqiao Shuangliu Xiongjia 4,416 33.1% 3.14 0.84 Wuqiao Wuqiao Lujia 817 93.9% 1.26 0.38 Wuqiao Wuqiao Minan * * 1.42 0.49 Wuqiao Wuqiao Wanshiqiao * * * * Wuqiao Wuqiao Xianglushanj * * * * Wuqiao Yousha Loufang 3,325 35.8% 3.70 1.14 Wuqiao Yousha Luchi 2,895 41.8% 2.79 0.78 Wuqiao Yousha Tianfeng 2,016 41.0% 2.58 0.78 Wuqiao Yousha Xiaotang 2,602 45.2% 4.55 1.27 Wuqiao Yousha Yihe 1,998 32.8% 2.09 0.60 Source: Village Survey. Note: * ---- data incomplete or missing
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Annex C: Resettlement Regulations of PRC and Chongqing Municipality
Relevant Regulations in Land Administration Law of the PRC
Article 4 The People’s Republic of China (PRC) practices a land use control system, whereby the State plans all land use. Land is divided into land for agriculture, land for construction, and unused land. Conversion of agricultural land to construction use is closely restricted, the total amount of land for construction is controlled, and cultivated land receives special protection. Land for agriculture refers to that directly used for agricultural production, including land for cultivation, woodland, grassland, land used for farming irrigation, and water surface or beaches for aqua-culture. Land for construction refers to land used for buildings and structures, including land used for urban and rural residences and public facilities, factories and mines, transportation and water irrigation, tourism, military works, etc. Unused land refers to that not used for agriculture on construction.
Article 8 Land in the urban areas of cities shall be owned by the State. Land in rural areas and in suburbs shall be owned by collectives, except for those portions which belong to the State in accordance with the law; house sites and private plots of cropland and hilly land shall also be owned by collectives.
Article 14 Land owned by peasant collectives shall be operated and managed by members of the agricultural collective organizations and used for planting crops, forestry, husbandry, and fishery. The management contract time limit is 30 years. Contracts shall be signed by deliverer and contractor to specify rights and obligations of either party. Peasant individuals contracted to operate land shall have the obligation to protect and make rational use of it according to the uses provided for by the contract.
Article 31 The State protects cultivated land and strictly restricts converting land for cultivation to non-cultivation land. The State practices a compensation system in cultivated land use. In accordance with the principle of “equal use, equal exploration”, when utilizing land for non-agriculture purpose with permission, land using units shall receive land of the same amount and quality. If no condition for replacement of land exists, or the explored land is not qualified, land development fees shall be paid as special funds for replacing new land in accordance with regulations set by provincial, autonomous region and municipal governments.
Article 36 Land use for non-agriculture construction shall be economic. Land for cultivation shall be spared if non-agricultural land can be used. Good land shall be spared when bad land can be used. It is forbidden to build tile kilns and combs on cultivated land, or build houses, take sand, stones, mineral, and soil without permission.
Article 41 The State encourages land arrangement. County and township governments shall organize rural collective economic organizations to comprehensively arrange fields, water
180 surface, roads, woods and villages in accordance with a overall land use plan, in order to improve the quality and increase the quantity of farm land and improve agriculture production conditions and the ecological environment. Local governments at all levels shall take measures to improve land with low productivity and clear up unused or abandoned land.
Article 44 When land is to be requisitioned for State construction and involves conversion of agricultural land to construction land, the construction unit must apply for approval. Application for land for construction of railways, public roads, oil or water pipelines and so on authorized by the people’ government at the province, autonomous region, and municipality level, and State construction authorized by the State Council must be approved by the State Council. Within the scope of land use for city, town, and village construction fixed in the overall plan, conversion of land for plan implementation must be approved by the institution issuing the overall plan in accordnace with the yearly land use plan. Within the approved scope of land conversion, the people’s government at the county or city level shall approve the land use of the specific project.
Article 46 When application for requisition land for State construction is legally approved, the people’s government at the county level shall notify and implement the requisition. Individuals and legal representatives of units with land ownership or use authority shall present land certificates and register for land compensation at the local government’s land administration department within the time period as notified.
Article 47 Units using requisitioned land for State construction shall pay land compensation in accordance with the reasons and purposes of such requisition. The compensation of cultivated land, including fees for land compensation resettlement subsidies and compensation for aboveground attachment and standing crops, shall be three to six times the average annual output value of the requisitioned land for the three years preceding such requisition. Resettlement subsidies for requisition of cultivated land shall be calculated according to the agricultural population needing to be settled. The agricultural population needing to be resettled shall be calculated by dividing the amount of requisitioned cultivated land by the average amount of original cultivated land per person of the unit being requisitioned. The standards of compensation to each agricultural person needing to be resettled is four to six times the average annual output value of the requisitioned land for the three years preceding such requisition. Standards of compensation for land and subsidies for resettlement or requisition of land of other categories shall be decided by the people’s government at province, autonomous region, and autonomous municipality level. Construction units which requisition vegetable plots in city suburbs shall pay new vegetable plot development funds in accordance with the State regulations. If land compensation and resettlement subsidies paid in accordance to Item
If it is still insufficient to maintain the original living standard of the peasants needing resettlement, the resettlement subsidy may be increased upon approval of the peoples’ governments of provinces, autonomous regions, and municipalities directly under the Central Government. However, the total land compensation and resettlement subsidy shall not exceed
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30 times the average yearly output value of the requisitioned land for the three years preceding such requisition.
Article 48 Local government shall notify the public when a compensation plan is made and listen to opinions of peasants and collective agricultural economic organizations to be affected by such requisition.
Article 57 Requisition of land owned by the State or by agricultural collectives for temporary use for project construction by county governments or above shall approve geological exploration. Requisition of land within the jurisdiction of city planning for the administrative department of city planning before applying for approval shall authorize the temporary uses. In accordance with the land ownership system, land users shall consult with the relevant land administration department and collective agricultural economic organization, and village councils; sign contracts for temporary uses of land, and regularly pay compensation fees in accordance with contracts. No permanent structures shall be erected on such land for temporary use. The time limitation for temporary land use is commonly no more than 2 years.
LAND ADMINISTRATION REGULATIONS OF CHONGQING MUNICIPALITY
Article 22 of Land Administration Regulations of Chongqing Municipality (Article 22): For projects demanding land acquisition, application for land acquisition must be conducted according to legal procedures, and the land to be acquired must be state-owned construction land within the domain of urban construction land as specified by general planning of land use. In case that agricultural land beyond the domain of urban construction land as specified by general planning of land use has to be used for energy facilities, traffic works, irrigation works, mining field, and military facilities, the following regulations must be observed:
(i) Application. In the phase of feasibility study, construction organizations should make pre-application for land acquisition to Chongqing land administration department. The land administration department shall verify the application within 15 working days upon receiving the application according to general planning of land use, yearly plan of land use, and quota standard for construction land. The land administration department shall issue a pre-review report for qualified application. This report must be attached to the construction organization’s application for reply of the feasibility study report, for listing the project in the government’s formal construction plan, and for project planning and project site selection. For unqualified application, a written notice shall be given to the applicant stating the reason; (ii) Application for project site selection and issue of pre-acquisition notice. Construction organization shall apply for project site selection and pre-acquisition to land planning department and land administration department of Chongqing with project pre-review report and project feasibility study report in possession.
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The land planning department and land administration department shall draw out a reply within 25 working days upon receiving the application. For qualified application, land planning department and land administration department shall respectively issue project site selection paper and its attachments and attached drawings, and pre-acquisition notice; (iii) Application for license of construction land planning. With such documents as pre-acquisition notice and project site selection paper in possession, construction organization shall submit project planning and design program to land planning department and land administration department for their reviewing. The land planning department and land administration department shall issue license of construction land planning and its attachments and attached drawings to the qualified application; (iv) With relevant documents in possession, construction organization shall apply for land acquisition to relevant county (autonomous county, city) level land administration departments. For qualified application, the land administration department shall prepare agricultural land diversion program, land acquisition program (not necessary for state-owned agricultural land), and cultivated land making up program. With the approval of people’s government of relevant districts and counties (autonomous county, city), these programs shall be submitted to municipality people’s government or higher-level authorities for approval. Among the programs, cultivated land making up program shall be approved together with the agricultural land diversion program by the same people’s government, and land supply program shall be approved together with land acquisition program by the same people’s government (for programs concerning state-owned agricultural land, land supply program shall be approved together with agricultural land diversion program by the same people’s government); (v) After the agricultural land diversion program, land acquisition program, cultivated land making up program and land supply program have been approved, the district and county (autonomous county, city) land administration departments shall organize implementation of these programs, and issue construction land license to construction organizations; (vi) For paid use of state-owned land, a paid use contract of state-owned land and a land delivery memorandum shall be signed between competent land administration departments of people’s government and land user based on the authorities as stipulated in Article 30. For transferred state-owned land, the competent land administration department under people’s government shall issue decision paper on transfer of state-owned land use power to land user and sign land delivery memorandum with land user.
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Article 37: Land acquisition, compensation and resettlement procedures : (i) After the land acquisition program has been approved according to legal procedure, the people’s government of the districts and counties (autonomous counties and city) whose land is to be acquired shall organize the implementation of the program, and post a bulletin stating the land acquisition approving organization, ratification No, the purpose of the land to be acquired, domain, acreage, and compensation standard for land to be acquired, resettlement of agricultural population, and time limit for compensation for land acquisition, etc; (ii) Land owners whose land is to be acquired and land users shall carry out land acquisition compensation registration within the time limit as stipulated in the bulletin with land ownership certificate in possession at land administration departments as specified in the bulletin. Land administration departments shall check and verify those who have not yet carried out compensation registration within the time limit; (iii) Land administration departments of districts and counties (autonomous counties and cities) shall prepare concrete land acquisition, compensation and resettlement programs based on approved land acquisition program and relevant regulations and laws. They shall post bulletin at villages and towns whose land is to be acquired to seek opinions of rural collective economic organizations and villagers. After these programs have been approved by people’s government of districts and counties (autonomous counties and cities), the land administration departments of districts and counties (autonomous counties and cities) shall organize the implementation of these programs. In case of any objection to compensation and resettlement programs by organizations and individual, the people’s government of districts and counties (autonomous counties and cities) shall conduct coordination. If the coordination fails, the issue shall be submitted to people’s government approving land acquisition for arbitration. Dispute over land acquisition, compensation and resettlement shall not affect the execution of these programs; (iv) Organizations and individual whose land is to be acquired should move out within the time limit as specified in land acquisition program, and draw compensation and resettlement fees in specified time at land administration departments.
All kinds of compensation fees for land acquisition shall be completely disbursed within 3 months upon the approval of compensation program for land acquisition and resettlement program.
IMPLEMENTATION METHOD OF LAND ADMINISTRATION LAW OF HUBEI PROVINCE
Article 1: In the purpose of standardizing land acquisition work, protecting the legal interests of agricultural collective economic organizations, villagers, and other obligees, and guaranteeing
184 land acquisition for economic construction, the Method was formulated based on Land Administration Law of PRC and Land Administration Law Implementation Regulations of PRC.
Article 2: This method applies to bulletin of land acquisition, compensation and resettlement program.
Article 3: For acquisition of land belonging to agricultural collectives, a written bulletin stating the land acquisition, compensation and resettlement programs shall be posted at villages or villager groups whose land is to be acquired. For acquisition of land belonging to village or town collectives, the bulletin shall be posted where the people’s government of the village and town is located.
Article 4: The people’s government of the prefectures, cities or counties whose land is to be acquired shall post the land acquisition bulletin within 10 working days upon receiving the ratification document of land acquisition. Land administration departments under the people’s government shall be responsible for implementation of the bulletin work.
Article 5: A land acquisition bulletin shall include the following: (i) Organizations approving the land acquisition, ratification No., date of ratification and approved purpose of land acquisition; (ii) Owners of land to be acquired, location, type and acreage of land; (iii) Compensation standard for land acquisition and resettlement means for rural people; (iv) Time limit and place for carrying compensation registration.
Article 6: With land ownership certificate in possession, the agricultural collective economic organizations, villagers or other obligees whose land is to be acquired shall carry land acquisition compensation registration at designated place within the time limit as specified in the bulletin. In case that the agricultural collective economic organizations, villagers or other obligees whose land is to be acquired have not carried compensation registration within the time limit, their compensation shall be made according to the survey conducted by relevant city or county land administration departments.
Article 7: Relevant county or city land administration departments under people’s government, together with other departments concerned, shall draw out the compensation program and resettlement program for each land owner and make public notice of them according to the approved land acquisition program within 45 days upon land acquisition bulletin was posted.
Article 8: The bulletin of compensation and resettlement program shall include the following:
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(i) Location, Type, and acreage of the to-be-acquired land belonging to collective economic organizations, type and quantity of ground attachments and young crops, and number of rural people needing resettlement; (ii) Compensation standard for land acquisition, amount of compensation fees, target and mode of disbursement; (iii) Compensation standard for resettlement, amount of compensation fees, target and mode of disbursement; (iv) Compensation standard and disbursement mode for ground attachments and young crops; (v) Specific resettlement means for rural people; (vi) Other concrete measures for land acquisition compensation and resettlement.
Article 9: In case of any objection to land acquisition compensation and resettlement programs, or a hearing is demanded, the agricultural collective economic organizations, villagers or other obligees shall put forward their demand to relevant city or county land administration departments under the people’s government within 10 days upon the public notice of the land acquisition compensation program and resettlement program.
Article 10: Relevant city or county land administration departments under the people’s government shall study the objections by agricultural collective economic organizations, villagers or other obligees toward land acquisition compensation and resettlement programs. A hearing shall be conducted if demanded by interested parties. If the programs need to be revised, revision shall be done according to legal procedures and the approved land acquisition program. When submitting land acquisition compensation and resettlement programs to people’s government for approval, relevant city or county land administration departments shall attach the opinions of collective economic organizations, villagers or other obligees and adoption of these opinions. A written record shall be attached in case that a hearing was conducted.
Article 11: Relevant city or county land administration departments under the people’s government shall be responsible for implementation of the approved land acquisition compensation and resettlement programs.
Article 12: After disbursing land acquisition compensation fees and resettlement fees to agricultural collective economic organizations, the city or county land administration departments under the people’s government are authorized to require the organizations to provide a list of disbursement within a time limit. The city or county land administration departments under the people’s government are authorized to supervise and urge the agricultural collective economic organizations to make public notice of the income and expenses of compensation fees and resettlement fees to members of the organization for their check and supervision.
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Article 13: The city or county land administration departments under the people’s government shall accept inquiries about land acquisition bulletin and resettlement bulletin, and hear the report about offences in implementation of these programs, and accept social control.
Article 14: In cast that public notice of land acquisition was not made as stipulated in laws, the agricultural collective economic organizations, villagers or other obligees whose land is to be acquired are authorized to require a public notice, and to refuse carrying compensation registration. In cast that public notice of land acquisition compensation program and resettlement program was not made as stipulated in laws, the agricultural collective economic organizations, villagers or other obligees whose land is to be acquired are authorized to require a public notice, and to refuse carrying compensation registration and resettlement procedures.
Article 15: In case of any dispute over compensation and resettlement not conforming to the legally approved land acquisition program, compensation program and resettlement program, the city and county people’s government shall conduct coordination. In case the coordination fails, the issue shall be submitted to higher-level people’s government for arbitration. Dispute over compensation for land acquisition and resettlement shall not affect the implementation of land acquisition program.
Article 16: The Regulations came into force since January 1, 2002.
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Annex D: Recommendations from Relevant Local Departments
1. Enshi Prefecture Resettlement Bureau is in charge of the implementation and management of resettlement for Three Gorges Project,1. Geheyan Reservoir Project, Shuibuya Reservoir, and Jiangya Reservoir within the Prefecture. In February 2002, the Bureau put forward the following recommendation guidelines on resettlement of YWR within the Prefecture:
1 Carrying out developing resettlement principles, combining resettlement with resources exploitation, environmental protection and economic development. Bringing along the economic development along YWR alignment through resettlement and development. Making appropriate arrangement for resettler’s production and living by lump-sum compensation. Keeping resettler’s living standard at least equal to the level before resettlement.
2 Resettlement should be based on agricultural resettlement with crop planting as major means. By developing new and using existing cultivated land, improving low production land, building high production land and cash forest, the resettlers shall live a stable and wealthy life, creating favorable condition for long term economic development and raising living standard along YWR alignment.
3 Based on the nature of railway-occupied land, resettlement should be made locally or at nearby area instead of building centralized residential area. Finding livelihood by resettlers themselves is not encouraged, and resettlement through secondary industry and tertiary industry is prohibited. Each household should have their due share of land, creating conditions for stability and wealthy life of resettlers.
4 The railway affected roads, bridges, ferry crossings, irrigation works, power works, communication and broadcasting facilities shall be rebuilt as needed according to town construction planning.
5 The principle of “putting emphasis on protection and unearthing” shall be followed for unearthed cultural relics or historic sites. Relocating, digging or protecting measures shall be raised.
6 Railway-occupied land and resettlement involves all walks of life. There are many restrictions for this complicated issue. Each area and every department should cooperate with each other in the spirit of responsible for resettlers to do a good work of resettlement.
7 Geological location of railway-affected people is generally better than that of reservoir-affected people. In addition, lump-sum compensation is adopted for
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railway-affected people. Therefore, compensation standard for YWR-affected people should be a little higher than that for Three Gorges Project and Shuibuya Reservoir Project.
2. Zouma Town Government of Wanzhou had experience and lessons from land requisition and resettlement of Yubeishan Reservoir, and they put forward the following recommendations on YWR:
3. The successful experience of resettlement for Yubeishan Reservoir is:
1 Have complete organizations, powerful leading group, and capable staff.
2 Wishes of households whose land is totally requisitioned and who are going to be fully resettled should be respected. Centralized towns were established for the resettlers based on current land distribution. And dedicated production land is arranged for them. A street incorporating functions of farm and town is built, expanding the scale of town and reaching the target of “smooth moving, stable resettlement, and wealthy life”.
3 After resettlement is adopted for households whose land is partially requisitioned and who are dispersedly resettled. A centralized new residential spot, drinking water pond and pedestrian road shall be built, getting rid of family worries and implementing development strategy of rural courtyard economy.
4 Monetary compensation or “changing from agricultural to non-agricultural status” shall be adopted for those in their prime lifetime, having comparatively high education, certain knowledge and capability, and having sense of market economy. Certain amount of start-up capitals shall be given to them to start businesses.
4. The shortages of resettlement for Yubeishan Reservoir are: enterprise resettlement was adopted for part resettlers. Due to high risk of enterprise under market economy, some resettlers were laid off, bringing burden to the society.
5. In February 2002, Enshi City Traffic Bureau put forward recommendations on YWR affected roads in Enshi: YWR will cross National Road 318 or National Road 209 at five places. To ensure the smooth operation of the road, grade separation must be built. In addition, grade separation must be built if YWR crosses county road or village road. If the railway will affect the road, compensation shall be made for road or the road will be rebuilt. If damages were caused by railway construction, compensation shall be made or restoration shall be made.
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Annex E-1
Agreement Between MOR and Hubei Provincial Government on the Relevant Issues of YWR Construction
YWR constitutes an important part of the Yangtze River Transport Corridor. The completion of the project will have great significance in improving the transportation system along the River, and facilitating development in the western regions, therefore, generating the social economic development in the Project area, particularly the minorities area. Due to large investment to compare with small traffic estimated at initial operating stage, in order to speed up the proceeding of the Project, MOR has entered into the following agreement with the Hubei Provincial Government (hereafter called “the Province”) after thorough negotiations:
1. On Land Acquisition, Demolition and Relocation
The composite unit price for land acquisition (including permanent and temporary land) is 7000 yuan/mu, in which, included are: the fees stipulated in the Land Administration Law, such as land compensation, resettlement compensation, compensation for standing crops, the fund for developing new cultivated land, and pay-to-use additional construction land; fees stipulated in the Forestry Administration Land, such as compensation for forestry land, resettlement, recovery of vegetation, lumber trees, and; development funds for new vegetable land and various other plants such as trees and vegetable trees, and aquaculture farms, arable land reclamation cost, administration fee on land acquisition, survey and setting out fee, contingency and all fees stipulated in the policies. The compensation standards for different types of land should be adjusted and determined by the Province The composite unit price for the compensation on demolition and relocation of buildings is 220 yuan per square meter, covering the private and public buildings of permanent single-storey and multi-storey buildings of brick and concrete, brick and tile, brick and wood, earth and wood, including their indoor and outdoor auxiliary facilities. The compensation standards for different types of buildings should be adjusted and determined by the Province. The unit compensation prices for other buildings and structures such as brick kilns, aquaculture facilities, tombs and water wells etc will be discussed and determined in such a principle that low unit prices will be offered as a preferential treatment to MOR.
The land acquisition and building demolition and relocation should be conducted in a unified way by the Province The scope of land acquisition, the floor space of buildings to be demolished and relocated should be based on the construction drawing (including the modified design) and on the actual measurement of land conducted by MOR and local governments.
2. On Preferential Policy
To guarantee a smooth progress of the project, the two parties have reached agreement on the following matters:
(i) The Province has agreed to waive the compensation for mineral resources, the fee for water resource, the supporting fee for urban construction, the local education development funds, and the charge levied as part of the fund for water conservancy facilities upon land acquisition. MOR and the Province should jointly apply to the State for exemption tax levied for occupying cultivated land and the
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business tax. All the fees stipulated by the Province, the prefectures and cities along the alignment should be waived. All the taxes and fees prohibited by official orders issued by the State Government and the Province should not be levied. (ii) No additional local taxes and/or fees shall be levied on the local materials such as sand and stone used for the Project construction. In the principle of reducing investment outlay, ceiling prices should be jointly stipulated by the relevant departments of the Province as well as MOR for the local materials, for such purpose, the market competition mechanism will be introduced and the lower prices will be offered. (iii) The railway construction units should be exempted by the related departments of local governments from road toll and bridge toll when using the part of the local highways and roads of townships and villages within the railway construction domain along the alignment. Wherever is possible, the local urban construction plans should be put into consideration by MOR and the local governments in the principle of mutual benefit when choosing land to build temporary roads and temporary construction facilities. (iv) The Province will organize the related units and departments to render their support and assistance for the relocation of power line, communication line and broadcasting line at lower prices, which can be deemed as a preferential treatment.
People’s Government of Hubei Province MOR
Zheng Daokun Cai Qinghua
October 14, 2001
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TJSHH[2002] No. 410
Minutes of Meeting Between MOR and Chongqing Municipality Government on the Relevant Issues of YWR Construction
(October 19, 2002)
1. YWR constitutes an important part of the Yangtze River Transport Corridor. The completion of the project will have great significance in perfecting the railway network arrangement, enhancing the transport capacity to the outside from the inside areas of Chongqing and Sichuan and improving the transportation system along the River, and facilitating development and poverty reduction in the western regions. In order to guarantee the timely commencement of this project, Mr. Cai Qinghua, vice minister of MOR and Mr. Huang Qifan, the standing commissioner of the standing commission and the standing deputy mayor of Chongqing Municipality, Mr. Zhao Gongqing, the deputy mayor and the members from departments concerned made amicable consultations on October 19, 2002 on land acquisition and resettlement of YWR and reached an agreement. Here is the minutes:
I. LAND ACQUISITION, DEMOLITION AND RELOCATION
2. The composite unit price for land acquisition (including permanent and temporary land) is 9,000 yuan/mu, in which, included are: the fees stipulated in the Land Administration Law, such as land compensation, resettlement compensation, compensation for standing crops, the fund for developing new cultivated land, and pay-to-use additional construction land; fees stipulated in the Forestry Administration Land, such as compensation for forestry land, resettlement, recovery of vegetation, lumber trees, and; development funds for new vegetable land and various other plants such as trees and vegetable trees, and aquaculture farms, arable land reclamation cost, contingency and all fees stipulated in the policies. The composite unit price for the compensation on demolition and relocation of buildings is 240 yuan per square meter, covering the private and public buildings of permanent single-storey and multi-storey buildings of brick and concrete, brick and tile, brick and wood, including their indoor and outdoor auxiliary facilities. The unit compensation prices for other buildings and structures such as straw house, simple shed, enclosure, toilet, tombs, etc will be discussed and determined in such a principle that low unit prices will be offered as a preferential treatment to MOR and agreement shall be signed as soon as possible. The insufficiency part of the compensation shall be borne by the local government.
3. The land acquisition and building demolition and relocation should be conducted in a unified way by the municipality and the cost shall be lump sum. The scope of land acquisition, the floor space of buildings to be demolished and relocated should be based on the construction drawing (including the modified design) and on the actual measurement of land conducted by MOR and local governments. The land acquisition for infrastructures and superstructures of this railway
192 line shall be conducted on the basis of the composite unit price and according to the project progress, the cost shall be appropriated stage by stage. For the controlling project of the major project, the land take for the construction shall be conducted according to the NOTICE ON RELATED ISSUES OF CONSTRUCTION PROJECT LAND USE BY ADDITIONALLY ISSUING NATIONAL DEBT (Document No. GTZF[1999]347) jointly issed by the Ministry of the State Land Resource and the State Planning Commission. A lump sum agreement between the Engineering Administration of MOR and departments concerned of the municipality shall be signed and executed.
II. Preferential Policy
4. To guarantee a smooth progress of the project, the two parties have reached agreement on the following matters:
(i) The Municipality has agreed to waive the compensation for mineral resources, the fee for water resource, the supporting fee for urban construction, and half of the business tax levied for YWR construction within Chongqing will be provided to the YWR authority for YWR construction. All the taxes and fees prohibited by official orders issued by the State Government and the Municipality should not be levied. All the fees stipulated by the Municipality should be waived in principle. (ii) The railway construction units should be exempted by the related departments of local governments from road toll and bridge toll when using the part of the local highways and roads of townships and villages within the railway construction domain along the alignment. Meanwhile, the temporary roads built by the railway units can be used by the local vehicles. (iii) The Municipality will organize the related units and departments to render their support and assistance for the relocation of power line, communication line and broadcasting line at lower prices, which can be deemed as a preferential treatment. (iv) No additional local taxes and/or fees shall be levied on the local materials such as sand and stone, water, power and communications used for the Project construction. In the principle of reducing investment outlay and mutual benefits, ceiling prices should be jointly stipulated by the relevant departments of the Municipality as well as MOR for the local materials, for such purpose, the market competition mechanism will be introduced and the lower prices will be offered. (v) The MOR promises that in the bidding for building materials for the project, a priority will be given to the local resource which is in conformity with the quality standard in the procurement process; under the prerequisite of guaranteeing the quality and rational cost, in the railway appurtenant works, the priority of employment will be given to the local labors if necessary.
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III. Railway Construction Coordination
5. The municipality government decided that a leading group was established and the office set at the planning commission, with the acting mayor Mr. Wang Hongju as the group leader, and the departments concerned from the municipality and the central government as the members to form a railway construction support organ of Chongqing Municipality which is responsible for the coordinating and dealing with the issues in the railway construction among the local and the central departments. All the participating units for the railway construction shall enhance governnance and keep close contact with the local governments and make coordination with them to jointly create and maintain a good railway construction environment. In order to guarantee the construction quality of the major project of the national construction, any unit or individual who forces to subcontract the railway projects or to supply building materials not in conformity with the quality requirements and creates difficulties for the construction units with any excuses shall be strictly prohibited; placing obstacles to hinder the traffic in the construction operation area shall be strictly prohibited; robbing railway materials or holding up vehicles for construction shall be strictly prohibited. The public security departments shall make timely severe blow to those illegal actions such as damages or theft to railway facilities and equipment, illegal purchasing of railway equipment, etc.
Ministry of Railways
22 October 2002