Southern Philippines Irrigation Sector Project
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Resettlement Planning Document Resettlement Plan for the Dauin Small Reservoir Irrigation Project Final Project Number: 27245 April 2005 PHI: Southern Philippines Irrigation Sector Project Prepared by: National Irrigation Administration; PRIMEX The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Republic of the Philippines NATIONAL IRRIGATION ADMINISTRATION (Pambansang Pangasiwaan ng Patubig) Southern Philippines Irrigation Sector Project (SPISP) (ADB Loan No. 1668-PHI) LLAANNDD ACCQQUUIISSIITTIIOONN AND RESETTLEMENT PLAN DAUIN SMALL RESERVOIR IRRIGATION PROJECT APRIL 2005 SOUTHERN PHILIPPINES IRRIGATION SECTOR PROJECT LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) FOR THE DAUIN SMALL RESERVOIR IRRIGATION PROJECT TABLE OF CONTENTS List of Figures iii List of Tables iv List of Annexes v List of Acronyms vi Executive Summary viii INTRODUCTION 1 Background of the Project General Project Description Dam and Reservoir Areas Irrigation Service Areas 2.0 IMPACT BASELINE INFORMATION AND SOCIOECONOMIC CENSUS 7 2.1 Impacts on Assets and People 2.2 Socio-economic Census 3.0 DETAILED COMPENSATION AND REHABILITATION STRATEGY 12 3.1 Service Area 3.1.1 Equity aspect of the LAR Compensation Scheme for Beneficiary PAPs 3.1.2 Cash Compensation for Non-beneficiary PAPs 3.1.3 Compensation for Donation by Non-beneficiary PAPs 3.1.4 ROW Acquisition 3.2 Reservoir and Dam Area 3.2.1 Process of PAPs Identification, Inventory and Affected Assets Valuation 3.2.2 Establishment of Fair Market Value and its Validation and Payment of the Compensation 3.3 Service Area 4.0 LEGAL BACKGROUND AND COMPENSATION POLICY 19 4.1 Legal Background 4.2 Eligibility to Compensation and Rehabilitation 4.3 Entitlement Matrix 4.4 Donation 4.5 Cut-off Dates 5.0 ORGANIZATIONAL FRAMEWORK 24 5.1 Institutional Arrangement 6.0 COMPLAINTS AND GRIEVANCES 27 6.1 Complaints/Grievance and Redress Procedures 6.2 Redress Procedures 7.0 PUBLIC PARTICIPATION AND DISCLOSURE 29 7.1 Disclosure 7.2 Consultation and Participation 8.0 LARP IMPLEMENTATION PROCESS 32 8.1 Precondition to Civil Works and Implementation 8.2 Activities and Schedule 9.0 SUPERVISION AND MONITORING 34 9.1 Internal Monitoring 9.2 Indicators for Monitoring and Evaluation 10.0 LARP COST AND BUDGET 36 10.1 Budget Requirement 10.2 Flow of Funds REFERENCES 38 ii LIST OF FIGURES Figure 1 - Location Map of the Dauin SRIP Figure 2 - Site and Layout of Dauin Irrigation System Map Figure 3 - Parcellary Map of the Proposed Submerged Area Figure 4 - Process of ROW Acquisition in the Service Area Figure 5 - Process of Inventory, Valuation and Payment of Cash Compensation for Affected Crops, and Trees in the Reservoir Area. Figure 6 - Organizational Framework for the Dauin SRIP LARP Implementation Figure 7 - LARP Schedule iii LIST OF TABLES Table 1 - Summary of Affected Households and Assets in the Reservoir, Dam, and Access Road Areas by Type of PAPs Table 2 - Summary of Affected Households by Assets and Crops in the Reservoir, Dam, and Access Road Areas and Crops and Trees Table 3 - Summary of ROW Requirement in the Service Area Table 4 - Summary of PAPs and Affected Crops and Trees in the Service Area Table 5 - Summary of PAPs in the Service Area and Agreements on Compensation Table 6 - Cash Compensation of the Non-Beneficiary Farmers Table 7 - Compensation of the Non-Beneficiary Farmers for Donation to the IA Table 8 - Summary of PAPs and their Location in the Submerged Area by Compensation Agreement Table 9 - Comparative Results of Valuation Table 10 - Entitlement Matrix Table 11 - Actual Entitlement of PAPs in the Service Area Table 12 - List of Consultation Meetings with PAPs regarding LARP Table 13 - Indicators for LARP Internal Monitoring Table 14 - Proposed Budget for LARP iv LIST OF ANNEXES Annex A - Complete list of PAPs in the proposed Reservoir/Dam and Road Access Area Annex B - Complete List of PAPs, affected by ROW Acquisition in the Service Area Annex C - Sample Socio-economic Survey forms of PAFs in the reservoir area Annex D - Certification of Dauin Municipality on the Granting of Use of Public Lands to NIA for Dauin SRIP Annex E - Details of Compensation by Individual for the Submerged Area Annex F - Outline of Information Booklet Annex G - Sample Deed of Donation and Statement of Awareness Annex H - Sample Deed of Assignment Annex I - Sample Signed Agreement for ROW Settlement in the Service Area Annex J - Copy of Submerged Area PAP Compensation Preference Survey Form Annex K - Copy of Recent Land Transaction in the Project Area Annex L - Copy of PAC Resolution No. 016-2004 Annex M - Pictorial of PAFs at Proposed Reservoir and Service Areas Annex N - Land Holdings of Non-Beneficiary PAPs v LIST OF ACRONYMS ADB - Asian Development Bank AP - Affected People BnPAP - Beneficiary PAP CAG - Community Action Group CENRO - Community Environment and Natural Resources Officer CPMO - Central Project Management Office DA - Department of Agriculture DAR - Department of Agrarian Reform DECS - Department of Education, Culture and Sports DENR - Department of Environment and Natural Resources DOH - Department of Health EA - Executing Agency EIA - Environmental Impact Assessment EO - Executive Order FMV - Fair Market Value FS - Feasibility Studies IA - Irrigation Association IDO - Irrigation Development Officer EIA - Environment Impact Assessment ESM - Environmental and Social Measures LARP - Land Acquisition and Resettlement Plan LGU - Local Government Unit MARO - Municipal Agrarian Reform Officer MCM - Million Cubic Meters MMT - Multipartite Monitoring Team MOA - Memorandum of Agreement MOU - Memorandum of Understanding MSWDO - Municipal Social Welfare and Development Office NIA - National Irrigation Administration NIP/S - National Irrigation Project/ System NPC - National Power Corporation NGO - Non-governmental Organizations NSO - National Statistics Office PAC - Provincial Appraisal Committee PAF/PAP - Project Affected Family/Project Affected Person PDD - Project Development Department PIMT - Participatory Irrigation Management and Transfer PIO - Provincial Irrigation Office PMES - Participatory Monitoring and Evaluation System PNP - Philippine National Police PRA - Participatory Rural Appraisal PO - People’s Organization PSC - Project Steering Committee RA - Republic Act RPPF - Resettlement Policy and Program Framework ROW - Right-of-Way RSS - Rural Sociology Specialist SPISP - Southern Philippines Irrigation Sector Project SPMO - Sub-Project Management Office vi SRIP/S - Small Reservoir Irrigation Project/ System TGI - Target Group Identification TL/IMS - Team Leader/Irrigation Management Specialist TSAG - Turnout Service Area Group vii EXECUTIVE SUMMARY The Dauin Small Reservoir Irrigation Subproject is one of the non-core subprojects of the Southern Philippines Project (SPISP). It is located in the Municipality of Dauin, Negros Oriental in Central Visayas. Dauin SRIP subproject will irrigate an existing dry-land farming area supporting some 1,098 households. The subproject will improve the reliability of food supply and raise farmer incomes in the area, wherein many of which are at or below the poverty level. The subproject will consist of three main components: (i) a reservoir; (ii) a diversion intake dam; and (iii) a gravity-fed piped irrigation service area consisting of about 1,000 ha. A 25-m high earth embankment dam with a crest length of 248 m at elevation 380 m will be built across the Lipayo River. The reservoir will cover 5.4763 ha of land when the reservoir is filled to conservation level. The dam construction and working area will also require an additional area of 4.2361 ha as well as 0.3768 ha for the access road and field office. The dam operation will eventually provide irrigation water to approximately 1,000 ha for the cultivation of vegetables, corn and rice. The construction of the dam, reservoir, access road and field office, which require approximately 10.0892 ha, are located in two barangays, namely, Magsaysay and Boloc- boloc. Construction of the dam and reservoir will affect 27 landowners and cultivators in the area. In the proposed irrigated service area covering 8 barangays of Dauin, about 6.6366 ha will be required as right-of-way (ROW) for the construction of underground pipe system as well as other irrigation facilities; the ROW acquisition therein will affect a total of 233 farmers, out of which 223 are beneficiaries while 10 are non-beneficiaries. The subproject initially considered requesting affected farmers to provide ROW lands by use of an easement arrangement (right-to-enter) rather than acquisition, because the Dauin SRIP will utilize the piped system for conveying water to the farm (after construction of the pipeline, the land covering the pipeline can be cultivated). However, it was decided that ROW acquisition was more advantageous to beneficiary farmers, because of the cost sharing arrangement required by SPISP. The cost-sharing arrangement or equity contribution is described in more detail in the main report. The extent and scope of impact were assessed and mitigating measures were ensured with the participation of the project affected persons (PAPs) and incorporated as part of the Land Acquisition and Resettlement Plan (LARP) of the Dauin SRIP. LARP formulation includes the conduct of Socio-economic Surveys of the PAPs and the detailed inventory of affected assets (mainly in the form of land, crops and productive trees) and other