Kathmandu Valley Water Supply and Wastewater System Improvement Project
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Resettlement Plan May 2011 NEP: Kathmandu Valley Water Supply and Wastewater System Improvement Project Prepared by Kathmandu Upatyaka Khanepani Limited, Ministry of Physical Planning and Works, Government of Nepal for the Asian Development Bank ABBREVIATIONS ADB — Asian Development Bank BDS — Bulk Distribution System CDC — Compensation Determination Committee CDO — Chief District Officer CIRT — Community Issues Resolution Team DAO — District Administration Office DDC — District Development Council DNI — Distribution Network Improvement DSC — Design and Supervising Consultant EMP — Environmental Management Plan FGD — Focused Group Discussions GRM — grievance redress mechanism KUKL — Kathmandu Upatyaka Khanepani Limited KVWSMB — Kathmandu Valley Water Supply Management Board lpcd — liters per capita per day MPPW — Ministry of Physical Planning and Works MWSP — Melamchi Water Supply Project MWSDB — Melamchi Water Supply Development Board NGO — nongovernmental organization PID — Project Implementation Directorate PPTA — Project Preparatory Technical Assistance ROW — right of way SPS — Safeguard Policy Statement VDC — Village Development Council WSI — wastewater system improvement WEIGHTS AND MEASURES dia – diameter ha. – hectare km – kilometer m – Meter m2 – square meter m3 – cubic meter mm – millileter MTD – metric tons per day sq. km. – square kilometer This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. CONTENTS Page EXECUTIVE SUMMARY I. PROJECT DESCRIPTION 1 A. Background 1 B. Project Components 1 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 7 III. SOCIOECONOMIC INFORMATION AND PROFILE 13 A. Socioeconomic Profile of Kathmandu Valley 13 B. Socioeconomic Profile of the Kalopul DNI Pilot Area 15 C. Gender Considerations 17 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 18 A. Public Consultation 18 B. Information Disclosure 19 C. Continued Consultation and Participation 19 V. GRIEVANCE REDRESS MECHANISM 19 VI. POLICY AND LEGAL FRAMEWORK 22 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 22 A. Eligibility 22 B. Entitlements 22 C. Determination of Compensation 25 D. Vendor Assistance 26 E. Project Benefits 26 VIII. INCOME RESTORATION AND REHABILITATION 26 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 26 X. INSTITUTIONAL ARRANGEMENTS 28 XI. IMPLEMENTATION SCHEDULE 29 XII. MONITORING AND REPORTING ERROR! BOOKMARK NOT DEFINED. APPENDIXES 1. Sample Identify (ID) Card for Entitled Persons 32 2. Sample Monitoring Indicators 33 3. Project Implementation Arrangements 34 4. Traffic Management Planning 35 5. Sample income questionnaire for businesses survey 40 6. Environmental and Social Audit of existing wastewater treatment facilities 41 7. Summary procedures for Resettlement Planning 45 EXECUTIVE SUMMARY 1. Project Description. The proposed Kathmandu Valley Water Supply and Wastewater System Improvement Project (the Project)1 will support the ongoing efforts of the Government of Nepal (the government) towards improving the water supply and sanitation services in Kathmandu Valley. The Project will invest in bulk water transmission, distribution network improvement and sewerage systems and will complement the past and ongoing Asian Development Bank (ADB) projects.2 The resultant synergy is expected to lead to increased efficiencies, greater improvement in service delivery, and higher impact on health outcomes and quality of life for inhabitants of Kathmandu Valley. This is the resettlement plan prepared for the Project. It is based on feasibility level study. During detailed design, the exact alignments and impacts will be known. It will be implemented by the Project Implementation Directorate (PID) of Kathmandu Upatyaka Khanepani Limited (KUKL) to address any resettlement impacts, permanent or tempory, during project implementation. 2. Categorization. The overall project is classified as Category B in accordance with ADB's Safeguard Policy Statement (SPS). ADB’s SPS covers both temporary and permanent impacts. 3. Summary of Resettlement Impacts and Mitigations. There is no land acquisition under the proposed project. All land for service reservoirs was previously acquired under the ongoing ADB Loan 1820. The impacts are limited to the following: (i) temporary disruption of business activities and income, and (ii) temporary shifting of up to 100 vendors and hawkers during construction works within the right of way (ROW) for the bulk distribution system (BDS) and the distribution network improvement (DNI), and small sewer pipe connection works. Temporary disruption for DNI and sewer pipe connection works will be approximately 1–4 days and for BDS 5–7 days. Trench sections for DNI and sewer connection works will be 100–200m in length and 50–100 m for BDS. Contractors are required to maintain access to shops to avoid and/or limit the disturbance to the extent possible, and mitigation measures are incorporated into their contracts as outlined in the environmental management plan (EMP) and will be monitored by the construction supervision consultants. Under the BDS, some mobile hawkers and vendors, including those with stalls and temporary structures, will be assisted by contractors in moving to alternative locations during the brief period of construction and allowed to return once construction activities are declared complete, usually within 7 days. In the event roads are fully closed, with access to shops disrupted, compensation for lost income will be made for the time of disruption.3 4. Entitlements. Businesses will be compensated for lost income on fully closed streets where customer access to shops is disrupted. Compensation eligibility is limited by a cut-off date as set for this project on the day of the income survey prior to commencement of civil works. Once a contractor confirms a road is likely to be fully closed (no access for customer traffic), the design and supervision consultant (DSC) Social Safeguards Specialist will conduct an income survey of businesses along the relevant sections of road. An income survey will serve as the cut-off date. All businesses identified in the project-impacted areas (sections 1 The Project was prepared through PPTA 4893-NEP: Preparing the Kathmandu Valley Water Distribution, Sewerage, and Urban Development Project, approved on 13 December 2006. Due to restructuring of ongoing loans, the work of PPTA started in 2009 and final report was submitted in May 2010. 2 Loan 1820-NEP (SF): Melamchi Water Supply Project was approved on 21 December 2000 and became effective on 28 November 2001. Loans 2058/2059-NEP (SF): Kathmandu Valley Water Services Sector Development Program were approved on 18 December 2003 and became effective on 7 December 2004. 3 Partial road closure still provides continued customer access to shops. ii identified for construction) on the cut-off date will be entitled to compensation for their lost income based on the tax record or, in its absence, comparable rates from registered businesses of the same type with tax records, or for shops not qualifying under these categories (hawkers, vendors, etc.), the option of using the actual income based on survey followed by a verification of the income data based on comparable incomes in the project area. Mobile hawkers and vendors will be assisted moving to alternative locations during the period of construction and entitled to return once works are declared complete by the contractor. A vendor action plan is also included in this Resettlement Plan. 5. Mechanism for Payment of Compensation. For shops experiencing income disturbance from loss of customer access on fully closed streets the DSC Social Safeguards Specialist will record the type of business and income loss and make a list of entitled persons. The DSC Social Safeguards Specialist will also identify vulnerable persons who are entitled to additional measures of assistance. Identity cards will then be distributed to these persons with the amount of compensation entitled. The list will be submitted to the PID safeguards unit officer in charge who will then issue a check directly to the persons upon confirmation of the entitled person as per then recorded list and identity card. All payments are recorded within the PID for accounting purposes. 6. Implementation Arrangements. The Ministry of Physical Planning and Works (MPPW) will be the executing agency responsible for overall strategic planning, guidance and management of the Project and for ensuring compliance with loan covenants. KUKL will be the implementing agency and the existing PID in KUKL will be responsible for (i) project planning, implementation, monitoring and supervision; (ii) reporting to KUKL Board of Directors, MPPW and ADB; and (iii) coordination of all activities in the Project. The experience of PID, KUKL in implementing subproject 2 of Melamchi Water Supply Project will be useful in taking advance actions for the Project. For safeguards, the PID has already established a Safeguards Unit staffed with environmental, social, and a legal specialist. The PID, KUKL will recruit two consulting firms, i.e. design, supervision and management consultant (DSC), and a Community