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RP83

The People's Republic of Public Disclosure Authorized

World Bank Loan Highway Project of the Inner Autonomous

Public Disclosure Authorized Resettlement Action Plan

For

Laoyemiao-Jining Expressway

(the Fourth Draft) Public Disclosure Authorized

Public Disclosure Authorized -Jining-Laoyemiao Expressway Project Executive Office of Autonomous Region Communications Department FIL COPYr November 2001

2 Content

Objective of RAP and Terms in Land Acquisition and Resettlement

Chapter 1 Brief Description of the Project 1.1 General induction of the Project-affected area 1.2 Engineering introduction 1.3 Planned schedule 1.4 RAP Preparation 1.5 Policies and objectives for the RAP preparation

Chapter 2 Project Impact 2.1 Determination of the Project impacted range 2.2 The rural road improvement component

Chapter 3 The Objective and Principles of the Resettlement Program 3.1 The objective of the resettlement program 3.2 The principles of the resettlement program

Chapter 4 Minimization of Land Acquisition and Resettlement 4.1 Minimization of land acquisition and housing relocation 4.2 Minimization of the impacts of the Project on the localities

Chapter 5 Census and Socio-economic Survey of the affected people and assets 5.1 Brief account of the census of the affected people and assets 5.2 The impact dimensions 5.3 The land acquisition

3 5.4 The affected houses 5.5 The affected units and enterprises 5.6 The affected crops 5.7 The affected infrastructure and other main assets 5.8 The project-affected persons 5.9 Socio-economic situation and impact analysis of the affected areas 5.10 Stakeholder Analysis 5.11 Minority People in the Project Area

Chapter 6 Legal Framework 6.1 Brief account 6.2 The national Laws and Regulations 6.3 The regulations of the IMAR 6.4 World Bank Policies 6.5 The Resettlement entitlement policy 6.6 Short History of Chinese Rural Land System 6.7 Rural Institution Structure 6.8 The compensation rates 6.9 Temporarily used land compensation

Chapter 7 Institutional Arrangements 7.1 The establishment of the resettlement agencies 7.2 Staffing of the special agencies 7.3 The responsibilities of the agencies 7.4 Training and development of the resettlement staff 7.5 The organizational chart

Chapter 8 Costs and Budget 8.1 Flow of funds

4 8.2 Basic cost 8.3 Administrative Management Expenses 8.4 Unforeseeable Expenses 8.5 Other Expenses 8.6 Recipients of basic compensation 8.7 Sources of Compensation for Land Acquisition and Removal

Chapter 9 Resettlement and Rehabilitation program 9.1 Objective of Resettlement and Restoration 9.2 Modes of Resettlement and Restoration 9.3 Principles of Resettlement and Restoration 9.4 Housing Reconstruction 9.5 Infrastructure Facilities 9.6 Agricultural Population and Labor Force Resettlement 9.7 Resettlement program of the villages seriously affected by land acquisition 9.8 Resettlement actions and implementation schedule

Chapter 10 Consultations and Participation 10.1 Consultations and participation 10.2 Resettlement Information Dissemination 10.3 Resettlement Information Booklets (RIBs)

Chapter 11 Redress of Grievances

Chapter 12 Internal and External Monitoring and Evaluation 12.1 Internal Monitoring 12.2 External Monitoring and Evaluation 12.3 Submission of the monitoring reports

5 Annex Framework of Interview/Focus Discussion for IMAR Highway Project

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Objective of RAP and Terms in Land Acquisition and Resettlement

The RAP has been compiled according to the relevant laws and regulations of the PRC and localities as well as the World Bank's Implementation Outline for Involuntary Immigrants (OD4.30). Its objective is to ensure that the impacted people can get benefit from the proposed highway project so that their living standard can be raised or at least can be restored to that before the impact of the project.

The acquisition of land and other properties may impact whoever lives on them. The impacted people include those whose life or income is impacted by the land acquisition and resettlement for the project, including: 1. those whose buildings (such as houses, the buildings of an enterprise or unit, or other public buildings) or land (such as courtyards, cultivated land, pastures) or other properties of which who have the ownership, right or economic benefit are acquisitioned either partially or completely; 2. those who use the above building or other properties, or whose production or management, jobs, living environment are impacted; 3. those whose living standard is impacted by land acquisition for the project.

Consequently, we can define the impacted population as follows. The impacted population is composed of those, 1. whose life has already or will be impacted by the project; 2. whose buildings or land (such as courtyards, cultivated land, pastures) or other movable or immovable properties of which who has the ownership, right or economic benefit are acquisitioned either permanently or temporarily; 3. whose production or management, jobs, living quarters are impacted.

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An impacted object may be a person or a juristic one of a company or a public organization. Whether a person is impacted does not depend on whether he or she has been registered or approved legally to work or live in an impacted area, nor does it depend on whether he or she has the ownership of the properties. Therefore, the impacted people include all those who are impacted by the project, 1. whether they have the legal right of acquisitioned properties; or 2. live in the impacted area without a legal approval.

If a number of persons or a family jointly own or use a piece of acquisitioned land or other properties, they will get compensation according to the seriousness of the impact on their right and living standard. The definition of impacted population is directly related to the negative impact of the project instead of the ownership of these properties or other things.

All the impacted people's living standard should be raised or at least restored. They should get compensation for the loss in properties at least equal to that calculated based on repurchase cost and for no reason should the compensation be deliberately deducted or underestimated.

Resettlement includes the following aspects. 1. to rearrange the living areas; 2. to arrange the jobs for the impacted people; 3. to restore or compensate for the impacted productive resources, e.g., land, working places, trees and infrastructures; 4. to eliminate the other negative impact from land acquisition, e.g., environmental pollution; 5. to restore or make compensation for the public or private enterprises, and 6. to eliminate the negative impact on cultural facilities or public properties.

To restore means to make restoration of the impacted people's productive

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resources, so that they will carry on their production or management at least on the original levels before the construction of the project and maintain their life style.

The RAP is intended to make a plan for the impacted people to be resettled and their life restored, so that their losses will get compensated for and their living standard will be raised or at least maintained to the original level before the construction of the project. Therefore, restoring measures will be introduced in this RAP for the impacted people to raise their income or at least maintain the previous level, and for the productive resources and public properties, infrastructure and cultural facilities to be improved or increased or at least maintained the original levels before the construction of the project. RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Chapter 1 Brief Description of the Project

1.1 General induction of the Project-affected area The Laoyemiao-Jining Expressway of the Dandong-Lhasa National Highway (hereinafter referred to as the Expressway) is a national trunk highway segment in the Inner Mongolia Autonomous Region (hereinafter referred to as the IMAR), which is one of the seven transverse arteries among the "Five North-South and Seven East-West" National Trunk Highway System, from Dandong to Lhasa.

The proposed Expressway passes through the middle and south part of the League from east to west, and involves , Qahar Right Wing Front Banner and Jining City.

The IMAR is situated in Mongolia Plateau and its total population is 23,619,200. There are Han, Mongolian, Hui, Manchu, Tibetan, Korean, Tahur, Olunchun and some other nationalities. The Mongolian Nationality is the main body in the IMAR. In 1999, the GDP in the IMAR reached 127.094 billion yuan, the annual average income per urban citizen 4,770.53 yuan, annual average net income per farmer 1,903 yuan and annual average net income per herdsman 2,698 yuan.

Ulanqab League has 1.077 million hectare of cultivated land, accounting for 19.76% of total land. In addition to a small amount of irrigated land, a large part of cultivated land is not the irrigated farmland. The north part of Ulanqab League belongs to agriculture and animal husbandry zone, and the midst and the south part are agriculture planting ones. The total population of this prefecture is 2728,700 in 1999, including 2641,100 Han, 63,400 Mongolian and 24,000 other minority nationality peoplesincluding Hui, Korean, Tahur. The GDP is 8.101 billion yuan?the annual average income per urban citizen 3,853 yuan, annual average net

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income per farmer 1,807 yuan and annual average net income per herdsman 2,253 yuan.

Ulanqab League is zone focusing omgriculture development but paying attention to the combination development of agriculture and animal husbandry. The prefecture is full of barren land and has poor water resources. Except a very small amount of irrigated land, all cultivated land is dry and unirrigated land on the sloping of hill and mountainous area. Grain yield per mu reaches about 100 kilogram (according to the yield per mu). The deteriorating climate and decreasing rainfall in recent years have led to that a part of cultivated land is no longer applicable to agriculture production. Having answering the ecological construction demands by the state for stopping planting for forest and grass, local governments transform the dry and unirrigated land on the sloping into forest and grassland.

Ulanqab League has evident transportation facility. - Railway, Jining- Railway and Jining- Railway meet in Jining City, the seat of the League government. State Highwayl 10 and State Highway 280 meet in Jining City and run through the east, west, north and south of the League. They are the vital communication lines connecting Beijing to the northwest part of China, the interior to the frontier, the west part to the east part of the IMAR, and China to some foreign countries such as Mongolia and . Highway construction has developed quickly in recent years. Communication industry has played an active role in developing local economy, improving people's living condition, strengthening the relationship among and accelerating goods exchange.

Xinghe County is located in the south-east part of Ulanqab League. The east part of the county borders on and the south part on Province. As the border here is shared by three , there is an old saying 'cockcrow here

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is heard in three provinces'. The total land area of this county reaches 3518.9 km2 . The cultivated land area is 1313,300 hectare, accounting for 37% of total land area. Hills, mountainous regions and level ground are scattered in this county. Hills and mountainous regions account for 61.8% of the total land area. The total population of this county in 1999 is 292,785 including 282,840 Hans, 8,829 Mongolians and 1,116 people of other minority nationalities. The annual average income per urban citizen is 3,615 yuan, annual average net income per farmer or herdsman 1,717 yuan.

Qahar Right Wing Front Banner is situated at the middle-south part of Ulanqab

League. It belongs to hill area. It has 2,734 km2 land. The cultivated land reaches 1,027,900 hectare, accounting for 37.6% of the total land area. The total pastureland area is 176 km2 and its applicable area is 148 km2 . The pastureland mainly consists of mountainous and hill pastureland. The unirrigated land accounts for 90% of the cultivated land. The crops are mainly wheat, naked oats and potato. The coarse cereals include cereal and millet etc. The cash crops such as beet and vegetable are planted in a small part of irrigated land. The total population of the banner is 275,482 in 1999 including 268,995 Hans, 5,355 Mongolians and 1,132 people of other minority nationalities. The annual average income per urban citizen is 5,143 yuan, annual average net income per farmer or herdsman 1,815 yuan.

Jining City lies in Qahar Right Wing Front Banner and it is the seat of Ulanqab

League government office. The total land area of this city is 113.9 km2 . The urban area is 22 9 km2 . The city commands over 6 street offices and 1 suburban township. The total population of this city in 1999 is 237,408 including 222,114 Hans, 9,143 Mongolians and 6,151 people of other minority nationalities. The GDP in 1999 is 14.64 hundred million. The annual average dominated income per urban citizen is 4,435 yuan, annual average net income per farmer or herdsman 2,685 yuan.

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The socioeconomic situation of the project area, its comparison with those of the IMAR and the state see Table 1.1 and 1.2.

Table 1.1 Population Comparison (1999)

Area Total Nationality population Agricultu Rural labor popula structure?%? ral tion populatio ?10,00 n 0? accounti ng g for the total populatio

Han Mongol Hui Manchu Total ?10,000? Agriculture ?%? Non-agriculture ?%? Jining 23.74 93.56 3.85 1.44 1.15 10.8 1.19 78.2 21.8 Qahar Right Wing Front Banner 27.54 97.67 1.94 0.22 0.17 88.02 11.65 76.5 23.5 Xinghe 29.28 96.6 3.02 0.2 0.18 74.3 11.9 93.8 6.2 IMAR 2361.92 79.37 16.10 0.9 2.0 65.78621 85.0 15.0 ChinA25909 * 0.0038 0.0068 0.0078 69.11 46896.5 70.18 29.&Lta source?ChineseStatistic Annual 2000, Ulanqab League StatisticAnnual 2000

Table 1.2 Economic situation comparison (1999)

Area GDP?a hundred million yuan? Average Average GDP per net capita income ?yuan/pers per on? farmer ?yuan/per son? Total?a Primary Secondary Tertiary hundred industry?%? industry?%? industry? million %? yuan? Jining 16.66 4.25 25.8 69.94 7017 2685 Qahar 7.4 51.87 22.26 25.87 2691 1815 Right Wing Front Banne r Xinghe 5.6 52.3 30.02 17.68 5362 1717 IMAR 1270.94 26.06 41.66 32.28 5350 1903 China 82054 17.7 49.3 33.0 6534 2210

Data source?ChineseStatistic Annual 2000, UlanqabLeague StatisticAnnual 2000

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Table 1.3 The direct influence areas and indirect influence areas

category league, banner, county, county-level city or prefecture-level city of prefecture-level city or prefecture direct Ulanqab League Xinghe County, Qahar Right Wing influence areas Front Banner, Jining City indirect Ulanqab League County influence areas

The proposed highway is the most important way connecting Huhhot, the capital of the IMAR to Beijing. It is also the vital highway bringing a short cut to the and . The project implementation will accelerate the socioeconomic development of minority nationality districts of frontier area, bring the strategies of developing the West into force. It will enhance the political, economic and cultural exchange and goods circulation between the provinces and districts of the West and Beijing as well as those of the interior. Furthermore, it plays a vital role in improving the capability and the integral service of the vital state highway. Therefore, the Expressway is in urgent need of construction.

1.2 Engineering introduction The Expressway is located in Ulanqab League, the middle part of the IMAR. It starts from Laoyemiao, the border of the IMAR and Hebei Province, going from east to west through Haokan, Ertaizi, Eerdong of Xinghe County, Pingdiquan, Saihantala, Bayintala of Qahar Right Wing Front Banner, Stopping at Malianqu of Jining City, the seat of Ulanqab League. The Expressway is 89.04 kilometers long (K273+720-K362+759.59), among which, K273+720-K325+800 is 52.08 kilometers long, located in Xinghe County, K325+800-K356+180 is 30.38 kilometers long in Qahar Right Wing Front Banner, and K356+180-K362+760 is 6.58 kilometers long in Jining City.

Table 1.4 The Project Affected Villages

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Banner, Township Administrative Affected category County or Village City

Xinghe Haoqian Shandaogou Land acquisition County Township Qinjiayao Land acquisition Gaomiaozi Land acquisition Beiguan Land acquisition Shihao Land acquisition Yangpo Land acquisition and housing relocation Ertaizi Xiguan Land acquisition Township Shanshibahao Land acquisition and housing relocation Chaosiyao Land acquisition Eerdong Mudong Land acquisition and Township housing relocation Touhao Land acquisition Haiwozi Land acquisition Dianzi Land acquisition Qahar Bayintala Xiyingzi Land acquisition Right Wing Township Front Banner Xiaonao'er Land acquisition and housing relocation Danao'er Land acquisition and housing relocation Tuchengzi Land acquisition Basumu Land acquisition Saihantala Liusumu Land acquisition Township Shaauan Land acquisition Pingdiquan L Laoyangjuan Land acquisition Township Jining City Malianqu Yushuwan Land acquisition I Township I

The Project will affect 3 banner, county or city, 7 townships, and 22 administrative villages. The affected categories include State-owned and collective land and some

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houses. The Project will acquire 7866.77 mu of land, including 3871.9 mu of cultivated land, and 1473 square meters of houses. 3580 households and 12730 persons will be affected by land acquisition and 12 households and 37 persons will be affected by housing relocation. The Project will also affect some special facilities, including optical fiber cable in 4 places.

The Project include 4 large bridges, 2 medium 24 small bridges, 145 culverts, 1 interchange (K299+810), 16 grade separations, 69 underpasses, 2 service areas (K309+300 and K354+350 separately).

Xinghe Branch is a segment of the Xinghe- Highway, and the connecting road between the Xinghe Interchange and the seat of Xinghe County. The Branch is 5.35 kilometers long and will be built according to the standard of class II highway.

The Expressway will be newly constructed. The main indicators of the Expressway are as follows:

Table 1.5 The main indicators of the Expressway

segment highway total design subgrade carriageway standard length speed width width Laoyemiao-Jining expressw 89.04 100 26 m 4x3.75 m ay km km/hour Xinghe Branch Class II 5.35 km 80 12 m 9 m

I__ _ I__km/hour

1.3 Planned schedule The civil construction of the Project is planned to be commenced in 2003 and completed in 2005, with the construction period of 3 years. In order to secure the smooth progress of civil work, the resettlement will be started in 2002 and

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completed 1 month before the initiation of civil construction in 2003.

The techno-economic feasibility study, preliminary engineering design and construction drawings design for the Project were and will be all prepared by the Inner Mongolia Communications Design and Research Institute. The schedule for submitting those reports is as follows:

Table 1.6 Schedule for submitting the main technological reports

Names of the Techno-economic Preliminary Construction reports Feasibility Study Engineering Design Drawings Design Date February 2001 April 2001 March 2002

1.4 RAP Preparation The IMAR, the province-level ethnic nationality autonomous region established earliest in the country, is rich in natural resources. Since the reform and opening to the outside world, the IMAR has made a sustainable and stable progress in the Regional economy. But the Regional economy still has a long way to go as compared with East China, and the economic developments have not been well-balanced among the different areas within the IMAR. The construction of the Project will strengthen the East-West ties of China and expedite the socio-economic development of Midwest China, especially the IMAR.

Since the Project involves the construction of the new segments, land acquisition and resettlement will arise. A feasible Resettlement Action Plan (RAP) will be necessary for the Project.

The revised RAP is prepared in accordance with both the Sections 3.1 to 3.V and 3.VII to 3.XIII of the Terms of Reference for Resettlement Planning from the World Bank on October 9, 1997, which cover the outline of resettlement action

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plans for the highway components and Aide Memoire of Tri-provincial Highway Project preparation/pre-appraisal on the resettlement component on November 18, 1997.

In May 2001, the first draft of the RAP was prepared according to the Land Administration Law of the People's Republic of China, the World Bank's policy on Involuntary Resettlement, and related laws and regulations of IMAR.

In Hohhot between May 22 and 25, 2001, the World Bank resettlement officials discusses the RAP item by item with the Hohhot-Jining-Laoyemiao Expressway Project Executive Office (PEO) and offered some precious advice. In late June, PEO carried out an overall investigation on the resettlement measures for the impacted villages along the proposed Expressway, sought for the suggestions from the affected people, and worked out the resettlement program that was approved by the local governments. On the basis of this, this revised RAP was completed at the end of July 2001. The fourth draft of the RAP was worked out on the basis of the advice about RAP revision by the World Bank resettlement officials in Hohhot between September 24-25 and between October 10-14.

1.5 Policies and objectives for the RAP preparation Policies 1) The Land Administration Law of the People's Republic of China (PRC) and its Implementation Regulations 2) The IMAR Implementation Regulations of the PRC Land Administration Law 3) The PRC Grassland Law and the IMAR Implementation Regulations 4) The PRC Law and the IMAR Administration Regulations 5) The Provisional Regulations of the Cultivated Land Occupation Tax the People's Republic of China 6) World Bank's OD 4.30 Involuntary resettlement

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Obiectives 1) Involuntary resettlement should be avoided or minimized where feasible, exploring all viable alternative project designs. Where displacement is unavoidable, the effective measures should be taken to minimize the impacts of the land acquisition and housing relocation on local people's production and life. 2) At the project preparation stage, socio-economic survey should be conducted and resettlement plans should be developed. 3) Resettlement should be based on the concrete objects affected and compensation standard, with the aim that the living standards of the Project-affected persons (PAPs) can be improved, or at least restored to their former levels. 4) Community participation in planning and implementing resettlement should be encouraged? 5) All the PAPs will benefit from the Project.

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Chapter 2 Project Impact

2.1 Determination of the Project impacted range 2.1.1 Permanent land acquisition The Project requires 7866.7 mu of land?which needs to be acquired. Besides, the Project will occupy 1924 mu of land temporarily for soil-taking and materials-stacking through leasing the wasteland. It is described as follows:

Table 2.1 The required land for the Project

No. item unit Jining Qahar Right Wing Xinghe Total Front Banner A B C D E F

1 Irrigated land mu 76.94 1428.51 1037.05 2542.5 2 Dry land mu 68.02 432.5 828.88 1329.4 3 Cultivated land subtotal mu 144.96 1861.01 1865.93 3871.9 4 Forest land mu 0 240.17 83.07 323.24 5 Grassland mu 0 307.83 307.83 6 Wasteland mu 80 1451.55 1797.95 3329.5 7 Housing plot mu 0 19.9 14.4 34.3 8 Non-Cultivated land mu 80 2019.45 1895.42 3994.87

subtotal _ 9 Permanent land acquisition mu 224.96 3880.46 3761.35 7866.77 10 I Leased wasteland mu 30 1139 755 1924 11 Temporary land occupation mu 30 1139 755 1924

For the details of the land acquisition and land borrowing, please refer to Chapter 5 of the RAP.

The acquired land includes carriageway, subgrade, bridge, drain, interchange,

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service facilities, safety facilities, traffic management facilities, parking facilities, road maintenance facilities, green and nursery engineering, etc.. The impacted range is the area affected by land acquisition and where the impacts on people's production and life are too serious to restore. The range for land acquisition and housing relocation was determined according to the adjusted design scheme based on the preliminary engineering design prepared by the Inner Mongolia Communications Design and Research Institute. Then the relocated households were determined in consideration of the real situation.

2.1.2 Temporary land occupation The temporarily occupied land includes stocking grounds, mixing plants, borrow pits, production and living areas for builders and construction bypasses, etc.. The range of the temporarily used land was determined as mentioned in the preliminary engineering design report, and is located in the wasteland area. The Project will occupy 1924 mu of land temporarily and on average the land will be borrowed for 4 years.

2.2 The rural road improvement component The rural road improvement component of the World Bank-financed Laoyemiao-Jining Segment of National Highway 110 includes:

1. Zhuozi County- Highway which is 48 kilometers long;

2. Tumuertai Township- Highway which is 53.936 kilometers long;

3. -Anye Township Highway which is 81 kilometers long;

4. Baiyinchagan Township-Kebu Township Highway which is 70.992 kilometers long;

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5. Township-Xilamren Township Highway which is 82 kilometers long.

The Highways No. 1-4 are located in Ulanqab League, the middle and west part of the IMAR. The Highway No. 5 is located in Northern Baotou City, the middle part of the IMAR. The areas which the Project passes through have the arid, semi-arid temperate highland monsoon climate which is cold, windy and laIj4wing the investigation, all of those highways will not involve cultivated land acquisition and housing demolition.

The townships (or Sumu) in Project areas have wide and wavy terrain. The land there is lean and covered with sparse vegetation. There are various types of land in those areas and the average cultivated land per capita is 10-20 mu. The existing road surface is -gravel for years, and the subgrade width of most road section can meet the requirements for class III highway according to the Highway Engineering Technical Standard. At the construction drawings design stage, the route alignment was determined according to the principles such as economizing on land, or not taking land. The impacted range was determined 15 meters away on both sides from the centerline and is within the existing highway areas. The centralized borrow pits will be used for embankments and borrow pits are located in fell-field and wasteland terrain. The stocking grounds are located in the seasonal streams along the highways. The mixing plants and precast plants will only use wasteland. The design for the highways includes the measures to plant the trees and grass and recover with vegetation after the completion of the highway civil construction.

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Chapter 3 The Objective and Principles of the Resettlement Program

3.1 The objective of the resettlement program The main objective of the resettlement program is to ensure that the standards of living and the income levels of the project-affected persons (PAPs) are improved, or at least restored to the levels existing prior to resettlement implementation.

Therefore, a series of measures will be taken to safeguard the entitlements of the affected people:

1. Ensure that all PAPs receive compensation at replacement cost for their total loss due to the project, and are well resettled and rehabilitated so that they can share the benefits of the project;

2. Special care will be taken for the vulnerable groups (including the poor households, the households having the disabled members, the households headed by the women, and the households where the aged live alone), such as assistance in building and moving into their new houses, and receiving specific compensation.

3. Provide adequate compensation for the cultivated land acquisition to the collective. The compensation will mainly be used to increase the productive capacity of the collective;

4. Help those whose houses are relocated select their new sites and build their new houses, and make them harmonize with the new environment as soon as possible;

5. Compensate the affected units and enterprises for their loss at replacement cost and rehabilitate their original business environment as far as possible; Provide

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those which need to be relocated with suitable alternative locations to continue their business.

6. The implementation of the land acquisition and resettlement will be monitored and evaluated (M&E) by the independent monitoring institute. The representatives of the PAPs will participate in the resettlement and the PAPs have avenues for redressing their grievances.

3.2 The principles of the resettlement program 1. Make sure that the impacted units and individuals can raise or at least keep their original living standards in the shortest possible time.

2. PAPs who have lost their land can generally obtain their new land from land redistribution..

3. Anyone who loses his or her houses should get new ones, and should be resettled in a nearby place.

4. Resettlement plans, sites of new houses, standards and building areas, as well as the corresponding compensation standards should be determined after the impacted people's opinions have been asked.

5. For all the impacted buildings, the other compensation should be calculated based on the current substituting price without the consideration of depreciation charge. The objects in the houses to be demolished belongs to the owners of the houses.

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Chapter 4 Minimization of Land Acquisition and Resettlement

The IMAR's governments at all levels pay great attention to the land acquisition and resettlement. When preparing the Resettlement Action Plan for the Project, it has been considered that all PAPs and units should receive reasonable compensation and be well resettled. As soon as the resettlement starts, the implementation will be carried out in accordance with the RAP to minimize the project impact. A series of measures will be taken to rehabilitate or reconstruct the affected residents, units and enterprises, infrastructure as soon as possible. Even when the civil construction of the Project is initiated, further efforts, such as technological innovation and strengthening the management of construction, can be made to mitigate negative impacts on the affected areas and convenience the PAPs' work and life.

4.1 Minimization of land acquisition and housing relocation The construction of the development projects usually involve land acquisition, housing relocation, and displacement, and affect local people' production and living conditions. When the different route alternatives are compared, much attention should be paid to the impacts of the projects on local society and economy. In order to minimize the land acquisition and displacement, in the determination of the alignment, the design institutions should prevent the highway from directly passing through the residential spots, use cultivated land as less as possible, and minimize housing relocation.

1. Making full use of the idle land within the corridor of the existing roads and the existing roads , for example, in the section K322+000-325+000, 25.78 mu of land has been saved by using the old road.

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2. In order to save cultivated land, the interchanges and service areas have been kept away from cultivated land and residential spots.

3. In order to minimize the housing relocation, at the construction drawings design stage, the alignment chosen by the preliminary design was moved southwards to avoid the relocation of 12 households in Badaqing Village of Xiaonao Township.

4.2 Minimization of the impacts of the Project on the localities As early as the techno-economic feasibility study and the preliminary engineering design for the Project, based on the Design Norm of Highway Route combined with the terrain along the route, the departments concerned planned and designed the route alignment according to the principles such as economizing on land, reducing the cultivated land acquisition, not taking high-yield land and minimizing the building relocation. They solicited opinions from the local governments and villagers in the affected areas, and decided the route alignment scheme on the basis of repeated comparison of different route alternatives. Therefore, the project impact on the cultivated land, housing and units and enterprises has been reduced as much as possible.

In order to minimize the impacts on local people' production and life during and after the civil work, the following measures were and will be taken:

1. During the period of detailed surveying, further detailed survey of the recommended alignment scheme at different places has been carried out in order to optimize the alignment scheme and to minimize land acquisition and house demolition;

2. During the period of project implementation, the related agencies will check the construction arrangement scheme of the contractor so as to minimize the use of farm land;

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3. During the period of determination of RAP, and in choosing the sites for houses and other buildings, opinions from the affected families or units will be highly regarded by the resettlement offices so as to save the fertile and profitable land.

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Chapter 5 Census and Socio-economic Survey of the affected people and assets

5.1 Brief account of the census of the affected people and assets In order to know exactly and completely the impacts of the land acquisition and resettlement of the Project, before the compilation the RAP, the PEO of the IMAR Communications Department organized the census of the affected people and assets.

The preparation for the census was done meticulously: working out the explicit investigating plans; designing all the survey tables; training the investigators; making the contacts in advance with the governments and the relevant agencies in the affected areas; conducting the trial survey on site to verify the survey tables and show the investigators how to do it.

Between May and July 2001, the investigation team, which was composed of the personnel from the PEO of the IMAR Communications Department, the land acquisition office of the IMAR Land & Natural Resources Department, and the related departments in the localities, conducted the detailed survey, according to the range determined by the Inner Mongolia Communications Design and Research Institute. The investigation results have been confirmed by the affected villages, households and investigators over their signature. Between October and November 2001, the investigation team conducted the verification survey in the Expressway segments where the alignment had been changed according to the design.

5.1.1 Concrete object index survey The Concrete object index includes land acquisition, Project-affected people, housing relocation and attachments, scattered trees, rural production and living

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facilities, and infrastructure.

Investigations along the Expressway were carried out by three means: visiting, holding meetings and hearings as well as filling out questionnaires.

The propaganda for each investigation has been conducted so as to provide enough information to the impacted people. Such information includes the layout of the alignment, land to be acquisitioned, as well as the policies for the implementation of them. Because the local people can speak Mandarin () fluently so the investigators can communicate with them directly and can easily get required information such as affected assets, living conditions, life style and desire for resettlement.

5.1.2 Socio-economic survey 5.1.2.1 Documentary Research Documentary research is aimed to understand the history and the current situation of the project area. It is a base and precondition to carry out a field study. The sorts of the documents are as follows.

1 Historical Documents Historical documents are extensively collected so as to obtain a general understanding of socioeconomic background of the project areas. Local records, especially concerning the nationality of Mongolian are collected for understanding Mongolians.

2 Statistical Data Statistical data at provincial level, prefecture level and county level, mainly recorded in statistical yearbooks, are collected. Statistical data are the base to clearly learn the social and economic development in the project area. RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

3 Early Investigation Results Some scholars had carried out field studies in the project areas. Their investigation results and works are important to understand Mongolians' history and social changes. For example, some people conducted socio-economic survey for ethnic minorities. These data supply some useful data, verification or disproof

5.1.2.2 Field Study Sampling According to the concrete conditions of three affected county/banner/city, the SA Team select 8 communities as the sampling village. Among them, 1 village is in Jining City, 4 villages are in Qahar Right Wing Front Banner and 3 villages are in Xinghe County. One indirectly affected village (in the corridor of 5 KM on one side of the proposed alignment) is selected in Qahar Right Wing Front Banner and Xinghe County respectively. Detailed information about the sampling villages is shown in the following table.

The following elements are mainly considered in sampling villages. ?1?Nationality especially the Mongolian nationality.

?2?Impact degree of land acquisition and house demolition.

?3?Rural households' production way, livelihood model and economic level etc..

All in all, samples selected include all the main communiby tl" socioeconomic background.

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Table 5.1 Situation of the Sampling Villages

County/Ban Township Administrati Village Minority Resettlement Economic ner/City ve Village Committee Nationality Level Group Situation Jining City Malianqu Yushuwan Sanhaodi 1 Household Land High Mongolian Acquisition Qahar Xiaonao'e Danao'er Badaqing I Household Land Relative Right Wing r Mongolian Acquisition & High Front House Banner Demolition Bayintala Tucheng Tudong 3 Households Land Relative Mongolian Acquisition Saihantala Liusumu Yiwutang No minority Land Relative Group 8 Nationality Acquisition High Pingdiqua Ping'er Yicun No minority No Direct Very High n Nationality Impact, in a Corridor of 5KM on the Side of the Alignment Xinghe Ebuping Dianzi Dianzi 5 Households Land Relative County Mongolian Acquisition Low Gaomiaozi Gaomiaozi Gaomiaozi No minority Land Relative Nationality Acquisition & Low House Demolition Ertaizi Caosiyao Gouwai No minority No Direct Relative Nationality Impact, in a Low Corridor of 5KM on the Side of the _ Alignment

Before the fieldwork, a fieldwork plan was worked out, covering assessment target, scope, methodology, organization and schedule. Framework was prepared for focus group discussion and interviews with stakeholders. The investigators were trained about basic structure of sociology, basic knowledge of social study and investigation skills etc.

Survey for 8 sampling villages was carried out from 3 to 15, July 2001. The details are as follows:

In Sanhaodi Village, Yushuwang Administrative Village, Malianqu Township,

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Jining City, interviewed with village heads and households, including one Mongolian family;

In Badaqing Village, Danao'er Administrative Village, Xiaonao'er Township, Qahar Right Wing Front Banner, interviewed with 2 households (one Mongolian family), and with village heads about the village socioeconomic background and the situation of Mongolian;

In Tudong Village, Tuchengzi Administrative Village, Bayintala Township, Qahar Right Wing Front Banner, interviewed with 2 households (one Mongolian family), and with village heads about the village socioeconomic background and the situation of Mongolian;

In Yiwutang Village, Liusumu Administrative Village, Saihantala Township, Qahar Right Wing Front Banner, interviewed with a villager (doctor), and collected information related to the village socioeconomic background and the situation of Mongolian in the village;

In Yicun Village, Ping'er Administrative Village, Pingdiquan Township, Qahar Right Wing Front Banner, interviewed with a villager (village head), and collected information related to the village socioeconomic background and the situation of Mongolian in the village;

In Dianzi Village, Dianzi Administrative Village, Ebuping Township, Xinghe County, interviewed with 2 households (one Mongolian family), and with village heads about the village socioeconomic background and the situation of Mongolian;

In Gouwai Village, Gaosiyao Administrative Village, Ertaizi Township, Xinghe County, interviewed with a villager (household specialized in animal industry), and collected information related to the village socioeconomic background and the

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situation of Mongolian in the village;

In Gaomiaozi Village, Gaomiaozi Administrative Village, Gaomiaozi Township, Xinghe County, interviewed with 2 households (one Mongolian family), and with village heads about the village socioeconomic background and the situation of Mongolian.

5.1.2.3 Identification and Analysis of Major Social Issues Different projects have different major issues because of different background of the project. Based on this project's features, the following issues are defined as the major social issues:

(1) resettlement,

(2) highway project and local socioeconomic development, and

(3) minority. Investigation and analysis of the issues are showed in chapters concerned.

5.2 The impact dimensions

The Project will acquire 7866.77 mu of land, including 3871.9 mu of cultivated land, and 3994.87 mu of non-cultivated land. 7 townships will be affected. The comprehensive impact of the land acquisition and resettlement of the Project is as follows:

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Table 5.2 The impact dimension

No. item unit Jining Qahar Right Xinghe Total Wing Front Banner A B C D E F 1 Permanent land Mu 224.96 3880.46 3761.35 7866.77 acquisition 2 Cultivated land Mu 144.96 1861.01 1865.93 3871.9 3 Non-Cultivated Mu 80 2019.45 1895.42 3994.87 ______land 4 Temporary land Mu 30 1139 755 1924 occupation 5 Cultivated land Mu 0 0 0 0 6 Non-Cultivated Mu 30 1139 755 1924

la n d ______7 Affected township no. 1 3 3 7

5.3 The land acquisition

Table 5.3 Land acquisition

No item unit Jining Qahar Right Xinghe Total Wing Front

____ Banner A B C D E F

1 Irrigated land mu 76.94 1428.51 1037.05 2542.5 2 Dry land mu 68.02 432.5 828.88 1329.4 3 Cultivated land subtotal mu 144.96 1861.01 1865.93 3871.9 4 Forest land mu 0 240.17 83.07 323.24 5 Grassland mu 0 307.83 307.83 6 Wasteland mu 80 1451.55 1797.95 3329.5 7 Housing plot mu 0 19.9 14.4 34.3 8 Non-Cultivated land mu 80 2019.45 1895.42 3994.87 subtotal 9-Permanent land acquisition mu 224.96 3880.46 3761.35 7866.77

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5.4 The affected houses

Table 5.4 Afected houses

No. Item unit Jining Qahar Right Wing Xinghe Total Front Banner A B C D E F 1 brick timber Sq.m 0 468 178 646 houses S. 2 timber tile Sq.m 0 205 126 331 houses2012 31

3 structures Sq.m 0 279 217 496

4 Walls Sr.m 0 1440 1486 2926 5 Total Sq.m 0 952 521 1473 construction

area ______6 Affected househo 0 8 4 12 households Id 7 Affected persons person 0 24 13 37

5.5 The affected units and enterprises

According to the investigation, there is no units and enterprises affected by the Project.

5.6 The affected crops

The cultivated land to be acquired, because of the ample preparation for the land acquisition, will be acquired after the harvest, and only the wasteland will be occupied temporarily. Therefore, there will be no affected crops in the land acquisition and resettlement of the Project.

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5.7 The affected infrastructure and other main assets

Table 5.5 Affected infrastructure and other main assets

No. item unit Jining City Qahar Right Xinghe total Wing Front County Banner A B C D E F 1 Tomb no. 2 69 48 119 2 Wooden wire poles place 0 9 6 15 3 concrete wire poles place 0 15 24 39 4 Large open well no. 1 3 4 5 Drinking well no. 1 2 4 7 6 Tree (under 10cm) no. 1245 68743 20968 90956 7 Tree (above 10cm) no. 83 12882 18773 30738 8 Optical fiber cable place 2 2 4

According to the investigation, all the affected trees are scattered miscellanious trees and there are no fruit trees affected by the Project.

5.8 The project-affected persons

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Table 5.6 Project-affected people

No. Item unit Jining Qahar Right Wing Xinghe Total City Front Banner County A B C D E F 1 Households affected by land house 197 1195 2176 3568 acquisition only hold 2 Persons affected by land person 750 3653 8290 12693 acquisition only 3 Households affected by house 0 0 0 0 housing relocation only hold 4 Persons affected by housing person 0 0 0 0 relocation only 5 Households affected by both house 0 8 4 12 land acquisition and hold housing relocation 6 Persons affected by both person 0 24 13 37 land acquisition and housing relocation 7 Total affected households house 197 1203 2180 3580

hold __ _ _ 8 Total affected persons person 750 3677 8303 12730

5.9 Socio-economic situation and impact analysis of the affected areas Positive Impact 1. Accelerating local economic development during project construction During project construction, priority will be given to purchasing local construction materials and using local labors and technical services. In addition, related industries such as agricultural sideline product supply and the development of tertiary industry will be accelerated to some extent.

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2. Accelerating local economic development after project completion 'Giving priority to road construction in order to become rich' has become social common view of the project area. The project will bring the advantages of local vital communications line into full play. It speeds and facilitates not only transporting and selling the products of local agriculture, animal husbandry and side-line to the outside but also the circulating the interior goods. Its swiftness, convenience, time-saving and money-saving thus will develop the local economy, increase income of local farmers and herdsmen, and improve local people's living condition. Furthermore, areas near the project area will benefit from the convenient transportation due to the project construction.

3. Enhancing the exchange between the provinces or districts of the West and capital and those in coastal area, and accelerating the openness and development of the West. The proposed highway is the most important way connecting Huhhot, the capital of the IMAR to Beijing. It is also the vital highway bringing a short cut to the Northeast China and North China. The project implementation will accelerate the socioeconomic development of minority nationality districts of frontier area, bring the strategies of developing the West into force. It will enhance the political, economic and cultural exchange and goods circulation between the provinces and districts of the West and Beijing as well as those of the interior. Furthermore, it plays a vital role in improving the capability and the integral service of the vital state highway.

4. Enhancing foreign trade The local governments are actively attracting foreign traders to invest and accelerating the openness in order to enhance foreign trade and to speed local economic development. Trade partners are all attracted by the communication facility here, believing that facility is the trade premise. Some foreign traders have

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regarded the highway construction as the consultation essentials in negotiation. The foreign traders' investment here will further provide the people here with more employment chances and increase people's income.

5. Accelerating the transportation development Investigation shows that some farmers have the tendency to purchase truck to go into transportation. Tle project completion thus will promote the transportation development of the project area.

6. Securing transportation safety The working State Highway 110 is an open road to all vehicles ?With the increase of the vehicle number, traffic accidents are apto happen. The project construction will ultimately solve the problem, and decrease traffic accidents.

Table 5.7 Directly affected area, indirectly affected area and radiation area

Type Administration division Banner, County, City Directly affected Ulanqab League Xinghe County, Qahar area Right Wing Front Banner, Jining City Indirectly affected Ulanqab League Shangdu County area Radiation area IMAR, Hebei Province, Huhhot City, City,

Shanxi Province City etc

Potential Negative impact Some adverse impacts will appear due to project construction. For this reason, consideration should be given to the potential negative impacts during project designing. Furthermore plans to get rid of the negative impacts should be make out.

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The possible negative impacts are mainly on resettlement. (1) Land acquisition: the project construction needs to acquire land including a part of cultivated land. This will directly affect farmers engaged in planting. (2) Demolition: although house demolition has been shunned as much as possible in project designing, some house demolition is unavoidable. (3) Close of highway: as the proposed highway is a closed one, it will impede people's production and life in passing through it to some extent.

Project owner and designing units should take measures to mitigate the potential impacts. As for resettlement impacts, RAP should be well compiled and carried out. Take land acquisition as an example, more gentle slopes, more wasteland and less cultivated lands should be considered in designing. Furthermore, some advantages in construction site should be taken to remake cultivated land. In addition, people suffering cultivated land lose due to the project should be compensated in compliance with the state policies. People suffering demolition due to the project will not only be compensated but also be assisted to select new house site. Construction units should elicit local people's opinions on passage position and reasonably arrange the position after considering the project demands so as to mitigate the negative impacts caused by the close the proposed highway.

The Project will affect directly 1 county, 1 banner and 1 city. The project area belongs to agriculture district. Mongolians are involved in. The districts along the proposed alignment mainly focus on agriculture development. Their features are the following:

1 The project area has high topography relief, insufficient rainfall and a short frost-free period. At present it gives priority to agricultural development.

2 It has low population density, about 5 mu of cultivated land per capita. The average distance between two villages in general is over 3 kilometer.

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3 It has cultivated land of poor quality, poor water resources and low per mu yield grain. A large part of cultivated land belongs to unirrigated land along sloping of hills. Only a small part of cultivated land in flat area belongs to irrigated land.

4 The Hans account for the large part of the total population. Only a few villages are dwelled by Mongolians. The production ways and living ways of these two nationalities are quite similar.

5 The economy along highways develops quickly. The economy of the districts near highways or cities or towns is better than that of remote districts. The average income per capita here is larger than that of the prefecture. However, economy of Xinghe County and Qahar Right Wing Front Banner is backward in general. As the proposed alignment is parallel to the existing State Highway 110, the economic development of the district affected anyhow is satisfying. People here have advantages to develop none-agriculture industries.

The project area is located at the plateau of high altitude. The weather here is severe. The hill and mountainous land accounts for more than half of the total land area. Historically, it was the district that stressed the animal husbandry development. But now it is an agriculture district. With the rural economic development, its non-agricultural industries like those in middle-west part of China have developed quickly in recent 20 years. In GDP of Qahar Right Wing Front Banner and Xinghe County, the percentage of the secondary industry and tertiary industries accounts for about 50%. The percentage of the secondary industry and tertiary industry of Jining City even accounts for 90%. (See table3-2). Farmers roughly have the such livelihood model: gaining grain ration from farming, gaining money from trading or working as migrant workers. Restricted by various factors, the rural economic development and livelihood model vary in the project area. Farmers living in the suburban area or along the vital communications lines have

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higher non-agriculture industry income than those living in the remote area. Farmers living in the remote rural area still heavily depend on land.

Planting is the chief component of agriculture in the project area. Grains planted include wheat, corn, naked oats, cereal, millet and potato. Owing to the geographical restriction, the grain yield here is poor. Compared with the per mu grain yield of and the South, the yield from 5 mu cultivated land per capita is only equal to the yield from 1 mu cultivated land in high grain yield area. The cash crops here include oil-bearing crops and vegetables.

The project area has a good tradition in animal industry especially in raising and cattle raising. Some farmers raising a large number of sheep have the vital income from animal industry. Some farmers even raise pig at a large scale.

The fieldwork denotes that as there is low grain yield due to poor weather condition and the depression in agriculture product selling, grain production income accounts for low percentage of farmers' income. Grain production mainly is for family consumption. Whenever farmers find grain planting is less valued, they will plant other cash crops, or engage in animal industry etc. Farmers in some areas turn to animal industry or planting cash crops or non-agriculture industry when they have decreasing farmland.

Non-agriculture industry has become farmers' vital income resource. In general, they work as migrant workers to gain income. But some go into trading and transportation. A part of farmers take the advantage of slack season to work outside but some farmers work all the year round outside. Investigation shows that one labor per household works either as migrant worker or goes into trading. Even all family labors in some households go into non-agriculture industry.

The Socio-economic situation of the affected administrative villages

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The natural environment and socio-economic situation vary in the villages which the proposed Project passes through. According to the different degrees of the impacts, the affected are analyzed as follows:

Haoqian Township of Xinghe County Sandaogou Administrative Village General introduction: This village is located in hilly areas of the border between the IMAR and Hebei Province, and the cultivated land is hillside dry land. Economic structure: The program of returning land for farming to forest land and grassland is being conducted. The economic structure is being focused on developing animal husbandry and enlarging the scale in breeding cold area sheep but paying attention to the combination development of the agriculture and animal husbandry. The total area of the cultivated land is 5200 mu. The average cultivated land per capita is 4.4 mu and the average cultivated land acquisition per capita, 0.1 mu. The land acquisition length in this village is 4 kilometers long. The Project will acquire 122 mu of the cultivated land, accounting for 2.3% of the total cultivated land. The total population is 1183 and the total PAPs, 330, accounting for 28% of the total population. The total households is 321 and the total affected households, 87, accounting for 27% of the total amount. The total ethnic minority is 18 households and 82 persons and the affected minority is 8 household and 18 persons, accounting for 22%, 22% of the total amounts separately.

Qinjiayao Administrative Village General introduction: This village is joined with Sandaogou Administrative Village and located in eastern mountain areas of Xinghe County. It is characterized by

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more hills but less cultivated land, and the cultivated land is hillside dry land. The crops are the hardy winter and early maturing ones which are accustomed to the mountain climate. Because of the low yield of the hillside dry land, the program of returning land for farming to forest land and grassland, and developing animal husbandry is being conducted. Economic structure: The village is located in hilly areas and its economic structure is being changed into the agricultural and animal husbandry development-breeding cold area sheep. The total area of the cultivated land is 6750 mu. The average cultivated land per capita is 5 mu and the average cultivated land acquisition per capita, 0.15 mu. The land acquisition length in this village is 7 kilometers long. The Project will acquire 203 mu of the cultivated land, accounting for 3% of the total cultivated land. The total population is 1350 and the total PAPs, 190, accounting for 14% of the total population. The total households is 295 and the total affected households, 50, accounting for 17% of the total amount. The total ethnic minority is 43 households and 96 persons and the affected minority is 6 household and 24 persons, accounting for 14%, 25% of the total amounts separately.

Gaomiaozi Administrative Village General introduction: This village is located in hilly ground and most of the cultivated land is dry land. The crops are miscellaneous grain crops such as corn and potato. Local farmers are willing to developing animal husbandry-breeding cold area sheep. The program of returning land for farming to forest land and grassland is being conducted. Economic structure: This village is in agricultural areas and the crops are mainly miscellaneous grain crops including corn, potato, cereal, and bean. More attention

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has been paid to breeding milch cows and cold area sheep, and planting trees and grass. The total area of the cultivated land is 6970 mu. The average cultivated land per capita is 4.5 mu and the average cultivated land acquisition per capita, 0.12 mu. The land acquisition length in this village is 10 kilometers long, including 3 kilometer-long wasteland. The Project will acquire 187 mu of the cultivated land, accounting for 2.7% of the total cultivated land. The total population is 1549 and the total PAPs, 960, accounting for 62% of the total population. The total households is 442 and the total affected households, 274, accounting for 62% of the total amount. The total ethnic minority is 28 households and 150 persons and the affected minority is 4 household and 19 persons, accounting for 14%, 13% of the total amounts separately.

Yangpo Administrative Village Economic structure: This village is in agricultural areas. The crops are mainly miscellaneous grain crops including corn, potato, cereal, and bean, and the agricultural output value there is low. The program of returning land for farming to forest land and grassland is being conducted. More attention has been paid to breeding milch cows and cold area sheep, and planting trees and grass. The total area of the cultivated land is 11212 mu. The average cultivated land per capita is 8 mu and the average cultivated land acquisition per capita, 0.07 mu. The land acquisition length in this village is 3 kilometers long. The Project will acquire 95 mu of the cultivated land, accounting for 0.8% of the total cultivated land. The total population is 1400 and the total PAPs, 228, accounting for 16% of the total population. The total households is 25 and the total affected households, 60, accounting for 18%

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of the total amount. The total ethnic minority is 2 households and 8 persons and there is no minority affected by the Project.

Shihao Administrative Village The total area of the cultivated land is 5680 mu. The average cultivated land per capita is 5.6 mu and the average cultivated land acquisition per capita, 0.19 mu. The land acquisition length in this village is 7 kilometers long. The Project will acquire 193 mu of the cultivated land, accounting for 3.4% of the total cultivated land. The total population is 1016 and the total PAPs, 509, accounting for 50% of the total population. The total households is 264 and the total affected households, 134, accounting for 51 % of the total amount. There is no minority in this village.

Beiguan Administrative Village Economic structure: This village lacks water resources and has poor economic conditions. The agricultural output value there is low and two thirds of the acquired land was originally farming land having been returned to forest land. The economic structure is being focused on the combination development of the agriculture and animal husbandry. More attention has been paid to forestry and animal husbandry. This village is planning to drill wells to solve the drinking water problem. The total area of the cultivated land is 14960 mu. The average cultivated land per capita is 5.1 mu and the average cultivated land acquisition per capita, 0.05 mu. The land acquisition length in this village is 5 kilometers long. The Project will acquire 149 mu of the cultivated land, accounting for 1% of the total cultivated land. The total population is 2920 and the total PAPs, 730, accounting for 25% of the

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total population. The total households is 712 and the total affected households, 178, accounting for 25% of the total amount. The total ethnic minority is 12 households and 35 persons and there is no minority affected by the Project.

Ertaizi Township of Xinghe County Chaosiyao Administrative Village General introduction: This village has smooth surface relief and good underground water resources. Due to lack of fund, this village plans to drill wells, improve farming land, and increase irrigated land if they can find fund. The milch cow breeding there is developed and there are many specialized households breeding milch cows. Local farmers are willing to planting fodder grass and enlarging the scale of animal husbandry. The total area of the cultivated land is 7380 mu. The average cultivated land per capita is 5.1 mu and the average cultivated land acquisition per capita, 0.03 mu. The land acquisition length in this village is 1 kilometers long. The Project will acquire 41 mu of the cultivated land, accounting for 0.6% of the total cultivated land. The total population is 1460 and the total PAPs, 470, accounting for 32.5% of the total population. The total households is 340 and the total affected households, 110, accounting for 32% of the total amount. The total ethnic minority is 6 households and 16 persons and there is no minority affected by the Project.

Xiguan Administrative Village General introduction: This village has good water resources but poor geographic conditions. There is much hillside dry land, which is suitable for animal husbandry.

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Much farming land has been returned to forest land and grassland. The economic structure is being focused on stable breeding and stock grazing but paying attention to the combination development of the agriculture and animal husbandry. Cold area sheep and improved milch cows are planned to be introduced and the animal husbandry will be speeded up. The total area of the cultivated land is 12000 mu. The average cultivated land per capita is 9 mu and the average cultivated land acquisition per capita, 0.21 mu. The land acquisition length in this village is 10 kilometers long. The Project will acquire 276 mu of the cultivated land, accounting for 2.3% of the total cultivated land. The total population is 1338 and the total PAPs, 731, accounting for 54.6% of the total population. The total households is 334 and the total affected households, 149, accounting for 44.6% of the total amount. The total ethnic minority is 13 households and 23 persons and the affected minority is 1 household and 3 persons, accounting for 8%, 13% of the total amounts separately.

Shanshibahao Administrative Village General introduction: This village is located in hilly areas and has water resources. The rainfall there is insufficient and the animal husbandry development is suitable to this village. The farmers are willing to conducting the animal husbandry. If they can find fund they plan to drill wells, plant trees, grass, fruit trees. The economic structure is being focused on the animal husbandry development but paying attention to the combination development of the agriculture and animal husbandry. The total area of the cultivated land is 9000 mu. The average cultivated land per capita is 8.2 mu and the average cultivated land acquisition per capita, 0.1 mu. The land acquisition length in this village is 4 kilometers long. The Project will acquire 109 mu of the cultivated land, accounting for 1.2% of the total cultivated

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land. The total population is 1100 and the total PAPs, 304, accounting for 27.6% of the total population. The total households is 201 and the total affected households, 75, accounting for 37% of the total amount. The total ethnic minority is 13 households and 35 persons and the affected minority is 2 household and 7 persons, accounting for 15%, 20% of the total amounts separately.

Ererdong Township of Xinghe County Dianzi Administrative Village General introduction: This village lacks of drinking water resources and the cultivated land is hillside dry land. Most of the farming land has been returned to forest land and grassland. The economic structure is being focused on planting trees and grass, and animal husbandry development. If they can find fund they plan to drill wells, develop cold area sheep and milch cows. The total area of the cultivated land is 10080 mu. The average cultivated land per capita is 5.6 mu and the average cultivated land acquisition per capita, 0.06 mu. The land acquisition length in this village is 4 kilometers long. The Project will acquire 116 mu of the cultivated land, accounting for 1.2% of the total cultivated land. The total population is 1800 and the total PAPs, 1200, accounting for 66% of the total population. The total households is 567 and the total affected households, 378, accounting for 66% of the total amount. The total ethnic minority is 45 households and 320 persons and the affected minority is 4 household and 18 persons, accounting for 9%, 6% of the total amounts separately.

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Mudong Administrative Village General introduction: This village is located in hilly areas and part of the farming land has been returned to forest land and grassland. The economic structure is being focused on planting trees and grass, and animal husbandry development. If they can find fund they plan to enlarging the scale in planting fruit trees in orchard. Besides, they plan to change the dry land, which has water resources and is even, into the irrigated land. The total area of the cultivated land is 9000 mu. The average cultivated land per capita is 4.1 mu and the average cultivated land acquisition per capita, 0.05 mu. The land acquisition length in this village is 4 kilometers long. The Project will acquire 104 mu of the cultivated land, accounting for 1.2% of the total cultivated land. The total population is 2200 and the total PAPs, 1760, accounting for 80% of the total population. The total households is 580 and the total affected households, 464, accounting for 80% of the total amount. The total ethnic minority is 121 households and 518 persons and the affected minority is 2 household and 9 persons, accounting for 2%, 2% of the total amounts separately.

Touhao Administrative Village General introduction: This village has smooth surface relief and good underground water resources. But the cultivated land is poor and the yearly yield of grain is low. Due to lack of fund, they plan to drill wells, change dry land into irrigated land if they can find fund. In recent years, the animal husbandry has been developed fast. There are specialized households breeding cold area sheep. This village is located in hilly and agricultural areas. The economic structure is being focused on the combination development of the agriculture and animal husbandry. More attention has been paid to plant trees and grass, developing the

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animal husbandry. If they can find fund they plan to introduce the improved cold area sheep. The total area of the cultivated land is 7789 mu. The average cultivated land per capita is 5.3 mu and the average cultivated land acquisition per capita, 0.04 mu. The land acquisition length in this village is 2 kilometers long. The Project will acquire 54 mu of the cultivated land, accounting for 0.7% of the total cultivated land. The total population is 1481 and the total PAPs, 240, accounting for 16% of the total population. The total households is 322 and the total affected households, 68, accounting for 21 % of the total amount. The total ethnic minority is 9 households and 41 persons and there is no minority affected by the Project.

Haiwozi Administrative Village General introduction: This village has smooth surface relief and good underground water resources. But the cultivated land is poor and the yearly yield of grain and animal is low. Due to lack of fund, they plan to drill wells, change dry land into irrigated land if they can find fund. They also plan to introduce the improved cold area sheep and milch cows, and develop animal husbandry. The total area of the cultivated land is 5549 mu. The average cultivated land per capita is 5.1 mu and the average cultivated land acquisition per capita, 0.2 mu. The land acquisition length in this village is 8 kilometers long. The Project will acquire 217 mu of the cultivated land, accounting for 3.9% of the total cultivated land. The total population is 1090 and the total PAPs, 638, accounting for 58% of the total population. The total households is 280 and the total affected households, 153, accounting for 55% of the total amount.

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The total ethnic minority is 2 households and 8 persons and there is no minority affected by the Project.

Bayintala Township of Qahar Right Wing Front Banner Danaoer Administrative Village General introduction: This village has smooth surface relief and good water resources. The agricultural, animal husbandry, and forestry production conditions there are good and this village is suitable for multi-industry. If they can find fund they plan to drill wells, improve farming land, plant trees and grass, and enlarge the scale of animal husbandry. The total area of the cultivated land is 7380 mu. The average cultivated land per capita is 5.1 mu and the average cultivated land acquisition per capita, 0.24 mu. The land acquisition length in this village is 8 kilometers long. The Project will acquire 357 mu of the cultivated land, accounting for 4.8% of the total cultivated land. The total population is 1460 and the total PAPs, 253, accounting for 17.3% of the total population. The total households is 355 and the total affected households, 60, accounting for 16.9% of the total amount. There is no minority in this village.

Xiaonaoer Administrative Village General introduction: This village is suitable for agricultural and animal husbandry economy. They can plant trees and grass, develop animal husbandry in hillside dry land, and change bottomland and flat ground into irrigated land. They plan to drill wells, increase irrigated land, raise the grain yield, provide animals with fodder grass. The total area of the cultivated land is 7700 mu. The average cultivated land per capita is 7.6 mu and the average cultivated land acquisition per capita, 0.19 mu.

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The land acquisition length in this village is 4 kilometers long. The Project will acquire 191 mu of the cultivated land, accounting for 2.5% of the total cultivated land. The total population is 890 and the total PAPs, 410, accounting for 46% of the total population. The total households is 250 and the total affected households, 92, accounting for 36.8% of the total amount. The total ethnic minority is 25 households and 83 persons and the affected minority is 4 household and 18 persons, accounting for 16%, 22% of the total amounts separately.

Xiyingzi Administrative Village General introduction: This village has smooth surface relief and rich water resources. The agricultural and animal husbandry production conditions there are good and the irrigated land is poured by river in the spring. If they can find fund they plan to drill wells to secure the water irrigation and to raise the agricultural output value. They also plan to introduce the improved livestock and develop the animal husbandry. The total area of the cultivated land is 8390 mu. The average cultivated land per capita is 6.3 mu and the average cultivated land acquisition per capita, 0.3 mu. The land acquisition length in this village is 8 kilometers long. The Project will acquire 374 mu of the cultivated land, accounting for 4.7% of the total cultivated land. The total population is 1247 and the total PAPs, 519, accounting for 42% of the total population. The total households is 267 and the total affected households, 137, accounting for 51.3% of the total amount. The total ethnic minority is 31 households and 59 persons and there is no minority affected by the Project.

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Tuchengzi Administrative Village General introduction: This village has good geographic conditions and its main products come from agriculture. The crops are corn and potato. In recent years, the animal husbandry has been developed fast and the main livestock is cold area sheep with small tail. They plan to drill wells, increase irrigated land, raise the grain yield, provide animals with fodder grass. The total area of the cultivated land is 12000 mu. The average cultivated land per capita is 4.4 mu and the average cultivated land acquisition per capita, 0.11 mu. The land acquisition length in this village is 7 kilometers long. The Project will acquire 315 mu of the cultivated land, accounting for 2.6% of the total cultivated land. The total population is 2750 and the total PAPs, 240, accounting for 8.7% of the total population. The total households is 525 and the total affected households, 56, accounting for 10.6% of the total amount. The total ethnic minority is 39 households and 114 persons and there is no minority affected by the Project.

Basumu Administrative Village General introduction: This village is located in agricultural areas and has good land resources, which is suitable to crops. The underground water resources there is rich. The main crops are cash crops including corn, potato and beet. In recent years, the animal husbandry has been developed fast. They plan to enlarge the scale of the animal husbandry and various cash crops. The total area of the cultivated land is 20000 mu. The average cultivated land per capita is 7.5 mu and the average cultivated land acquisition per capita, 0.05 mu. The land acquisition length in this village is 3 kilometers long. The Project will acquire 142 mu of the cultivated land, accounting for 0.7% of the total cultivated land.

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The total population is 2650 and the total PAPs, 570, accounting for 21.5% of the total population. The total households is 800 and the total affected households, 255, accounting for 31.8% of the total amount. The total ethnic minority is 6 households and 25 persons and the affected minority is 2 household and 7 persons, accounting for 33%, 28% of the total amounts separately.

Shahantala Township of Qahar Right Wing Front Banner Liusumu Administrative Village General introduction: This village has smooth surface relief and good water resources. The crops are corn and potato and the cash crops are beet, carrot, and cabbage. They plan to develop the animal husbandry, and breed cold area sheep and milch cows. The total area of the cultivated land is 13100 mu. The average cultivated land per capita is 4.2 mu and the average cultivated land acquisition per capita, 0.06 mu. The land acquisition length in this village is 4 kilometers long. The Project will acquire 185 mu of the cultivated land, accounting for 1.4% of the total cultivated land. The total population is 3120 and the total PAPs, 965, accounting for 31% of the total population. The total households is 650 and the total affected households, 210, accounting for 32.3% of the total amount. The total ethnic minority is 4 households and 21 persons and there is no minority affected by the Project.

Shaquan Administrative Village General introduction: This village has smooth surface relief and water resources. The land conditions there is poor and the yield of grains is low. Farming land is

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being returned to forest land and grassland. They plan to invest fund to drill wells, change dry land into irrigated land and develop animal husbandry. The economic structure is being focused on the combination development of the agriculture and animal husbandry, and attention will be paid to diversified economic development. The total area of the cultivated land is 9000 mu. The average cultivated land per capita is 4.8 mu and the average cultivated land acquisition per capita, 0.07 mu. The land acquisition length in this village is 3 kilometers long. The Project will acquire 135 mu of the cultivated land, accounting for 1.5% of the total cultivated land. The total population is 1890 and the total PAPs, 612, accounting for 32.3% of the total population. The total households is 467 and the total affected households, 203, accounting for 43.4% of the total amount. The total ethnic minority is 3 households and 14 persons and there is no minority affected by the Project.

Pingdiquan Township of Qahar Right Wing Front Banner Laoyangquan Administrative Village General introduction: This village has smooth surface relief and good water resources. Its main products come from agriculture. The crops are corn, wheat, and potato and the cash crops are beet and vegetable. In recent years, it has been encouraged to develop animal husbandry and courtyard economy. They plan to raise the grain output value, and introduce milch cows and cold area sheep. The economic structure is being focused on the combination development of the agriculture and animal husbandry, and attention will be paid to diversified economic development. The total area of the cultivated land is 9500 mu. The average cultivated land per capita is 5.5 mu and the average cultivated land acquisition per capita, 0.09 mu. The land acquisition length in this village is 3.6 kilometers long. The Project will

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acquire 162 mu of the cultivated land, accounting for 1.7% of the total cultivated land. The total population is 1735 and the total PAPs, 790, accounting for 45.5% of the total population. The total households is 460 and the total affected households, 190, accounting for 41.3% of the total amount. There is no minority in this village.

Malianqu Township of Jining City Yushuwan Administrative Village The total area of the cultivated land is 4980 mu. The average cultivated land per capita is 2.9 mu and the average cultivated land acquisition per capita, 0.08 mu. The land acquisition length in this village is 2.6 kilometers long. The Project will acquire 145 mu of the cultivated land, accounting for 2.9% of the total cultivated land. The total population is 1710 and the total PAPs, 750, accounting for 43.8% of the total population. The total households is 625 and the total affected households, 197, accounting for 31.5% of the total amount. The total ethnic minority is 3 households and 12 persons and there is no minority affected by the Project.

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Table 5.8 The main economic indicators of the affected administrative villages in the Project-affected areas

Banner/county, township and Total Agricul Nationality Cultiv Cultiva Productio village popula tural ated ted lad n mode tion land per (mu) capita

Han Mongolian Other minority Xinghe County Haoqian Township Shandaogou 1183 1183 1101 82 0 5200 4.4 Agriculture Qinjiayao 1350 1350 1254 96 0 6750 5 Agriculture Gaomiaozi 1549 1549 1399 150 0 6970 4.5 Agriculture Beiguan 2920 2920 2885 35 0 14960 5.1 Agriculture Shihao 1016 1016 1016 0 0 5680 6 Agriculture Yangpo 1400 1400 1392 8 0 11212 8 Agriculture Ertaizi Township Xiguan 1338 1338 1315 23 0 12000 8.9 Agriculture Shanshibahao 111100100 106535090008.2 Agriculture Chaosiyao 1460 1460 1444 16 0 7380 5.1 Agriculture Eerdong Township Mudong 2200 2200 1682 518 0 9000 4 Agriculture Touhao 1481 14811440 410 7789 5.26 Agriculture Haiwozi 1090 1090 1082 8 0 5549 5.1 Agriculture Dianzi 1800 1800 1480 320 0 10080 5.6 Agriculture Qahar Right Wing Front Banner Bayintala Township Xiyingzi 1247 592 1188 59 0 7877 7.2 Agriculture Xiaonao'er 1016 376 933 83 0 7770 7.7 Agriculture Danao'er 1460 730 1460 0 0 7380 5.1 Agriculture Tuchengzi 2750 2713 2636 114 0 12000 4.4 Agriculture Basumu 2650 2650 2625 25 0 20000 7.5 Agriculture Saihantala Township Liusumu 3120 2225 3099 21 0 13100 4.2 Agriculture Shaquan 1890 1053 1876 14 0 9000 4.8 Agriculture Pingdiquan Township L Laoyangjuan 1735 1735 1735 0 0 9500 5.5 Agriculture Jining City Malianqu Township Yushuwan 1710 1710 1698 12 0 4980 2.9 Agriculture The detailed socio-economic baseline survey of the PAPs will be completed prior to the start of the RAP implementation and reported in the future by the external monitoring institution.

Conclusion General speaking, the implementation of the project will promote social and economic development both near the highway and the radiation zone. It will alleviate poverty, promote the development in the area of ethnic people and will narrow the development gap between the east part of China and west part of China. There are some potential adverse impacts during the project construction. However, these potential adverse impacts can be mitigated through the effective measures.

1. Highway Project and Regional Economic Development The economy level in the project area is still low, and people in some areas still suffer poverty. The project should alleviate poverty and promote regional economic development.

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1) Making using of local resources There are plenty of stone and sand for project construction, and there are also plenty of rural labors. Project construction companies should give priority to making use of local stone and sand materials. They also should give priority to employ local labors, and provide employment opportunities to farmers near the proposed highway. Thus farmers' income may be increased and their life may be improved.

2) Production Restoration Project construction organizations should utilize applicable ways to restore farmland and thus to restore agricultural production systems. If possible, it should take advantage of project construction to remake cultivated land and increase rural land resources.

3) Adjusting rural industry structure The advantage conditions due to project construction and future transportation facility should be taken to enhance adjustment of rural industry structure. Farmers should be encouraged to get rid of conservative planting ideas and backward production ways, and encouraged to plant cash crops of high income and high benefits and animal industry. If possible, farmers should be encouraged to develop the secondary industry and tertiary industry such as catering trade etc.

2. PAPs According to the World Bank'sOD4.30 Involuntary resettlement, the RAP has been prepared, so as the PAPs can be handled properly. The following ,measures have been taken:

1) Acquiring less cultivated land to the best of one's ability There are lots of wasteland and less cultivated land in the project area. The Project will occupy cultivated land as less as it can, so as to decrease farmers' land impact.

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If land acquisition is inevitable, people affected will be rationally compensated in light ofP.R.C Land Administration Lawdnd the World Bank OD4.3&voluntary Resettlement. The land for temporary use purpose will be wasteland in stead of cultivated land.

2) Decreasing demolition to the best of one's ability The proposed alignment will not split communities in project designing. However, demolition and replacement inevitable appear in constructing some sections of highway. PAPs whose house affected will be compensated and relocated properly. Furthermore they will be provided with appropriate resettlement house site and enough time to construct the house. Therefore, resettlement work will be carried out steadily and unstable impacts on project construction will be mitigated.

3) Rationally arranging passages Investigation denotes that villagers affected are concerned with the passage arrangement. Passage arrangement has been considered in project designing. The departments concerned have furthermore solicited people's opinions and worked out a plan for passage arrangement in project implementation to fulfill people's demands on production and life. The owner will publicize the completed passage designing for the local affected people, soliciting their opinions so as to perfect the design during implementation.

4) Participation of Women and Vulnerable Group In the project area, women and men have the same rights in labor division and family decision. Decisions of family affaires are made through the couple's discussion. Women have participated in the resettlement and relocation work. Their opinions and suggestions have been fully considered. Departments concerned have taken difficulty degree into account to look after the vulnerable groups such as women, the old, the disabled etc.

(10 Stakeholder Analysis RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Project stakeholders are people or sectors whose benefits directly or indirectly related to the project and who are directly or indirectly influenced by the project success. People along the proposed alignment and in peripheral area, resettlement sectors, governments at various levels, sectors concerned and designing and consultation departments are stakeholders. Their demands for and attitudes toward the project directly and indirectly affect the project success.

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Table 5.9 Stakeholder analysis

Primary Benefit analysis stakeholders Urban people The project will improve production conditions and investment along the environment, enhance local economic development and increase proposed local people's income. Setting overpasses in the seats of banner alignment or county or city government offices makes people get in and out conveniently and enhances exchange with the outside.

Rural They can take the advantages of project construction to develop households and utilize the local stone construction materials and sandstone. along the They can obtain more employment chances. Project increases proposed agriculture and sideline products selling channels. Income from alignment catering trade along the highway will increase. Quick transportation due to project completion will accelerate local economic development.

Rural A large part of farmers are willing to have their land be households acquired so that they can invest the land compensation in suffering land transportation or catering trade or animal industry. Farmers lose willing to have their land acquired are the ones working as migrant workers all year around or the ones engaged in side line production. They will get land compensation in compliance with the policies concerned. A part of farmers unwilling to have their land be acquired will obtain the same amount of land of same quality by land fine adjustment in their village.

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Households They can obtain the fair demolition compensation in suffering compliance with the policies concerned. Some households with demolition poor housing conditions will benefit a lot. They may use house demolition compensation to purchase bricks and tiles, and take advantage of old construction materials from the demolished earth-constructed house to rebuild brick and tile-roofed houses. Furthermore, the local governments will bring convenience for them to select resettlement house site.

Project The proposed highway offers the project radiation area with radiation area convenient transportation due to its swiftness and integral service function. It cuts down the transportation time, makes the full use of resources of different regions and facilitates the material and cultural exchange.

5.11 Minority People in the Project Area Mongolian IMAR is a minority autonomous region with the Mongolian Nationality as its main body.

Mongolians in the project area are different from Mongolians in pasturing area in language, production, and habits and customs. Mongolians in the project area focus on crop cultivation. Mongolians have lived with the Han nationality over a long period of time. They are similar to Hans in language, production, and habits and customs.

(1) Mongolians and Hans work on crop cultivation and are engaged in other businesses together. Adapting to new development tendency, more Mongolians are engaged in non-agriculture now, which is similar to Hans.

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(2) There is no sharp difference in habits and customs and in religion between the Mongolians and the Hans living in the same area. Usually there is no necessity to make such difference. The Mongolian nationality is defined as 'main body' in the IMAR. Chief local leaders are the Mongolians. The Mongolians have higher political and social status in the project area. Mongolian villagers have more non-agriculture employment chances.

(3) The Mongolian nationality and the Han nationality live together over a long period of time and share Chinese northern dialect. Only a small number of aged Mongolians can speak Mongolian.

The following case offers the background of Mongolian villagers' life.

IMSA-3-H1 Time: 8 July, 2001 Place: Dian Village, Ebuping Township, Xinghe County, IMAR Interviewee: WY

Village Background There are 556 people in our village, and among them there are 12 Mongolians including those settling here by marriage. There are 3570 mu cultivated land and 5500 mu wasteland in the village. The cultivated land per capita is more than 5Mu.

Mongolian Nationality There is no restriction on intermarriage for the Mongolians. I'm the Mongolian and my wife is the Han. [According to introduction, because the Mongolians here have more chances to be employed or promoted, girls of the Han nationality tend to marry Mongolian boys.]

You can't tell who is the Mongolian from us! The Mongolian nationality is the isame as the Han nationality. Same appearance. Same language. [The interviewee speaks local Chinese dialect fluently]. Habits and customs of these two nationalities are almost same. Production is alike, for here is agriculture RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Family Background In my family, there are only two persons: my wife and I. We have three children and they all married. Usually, Mongolian couple can have two children. I am Mongolian and my wife is Han, and I registered my children as the Mongolians. We are planting 10 mu land, and breeding 2 farm cattle and one pig.

Other Minorities in the Proiect Area It is found during the socioeconomic survey for RAP compilation that there is a Manzu family, 3 family members in Liusumu Administrative Village, Saihantala Township, Qahar Right Wing Front Banner. However, the distance from the proposed alignment to the community where the family is located is more than 5 KM. It is beyond the area of the direct project impact or the corridor of 5KMs on each side of the proposed alignment. So they are not included in the socioeconomic survey. There is no any other minority nationality people living in the project direct impact areas and the corridor of 5KMs on each side of the proposed alignment.

Conclusion about minority Only the Mongolian nationality is involved in the project. Their production is in a relative developed stage and their life style is almost the same as the Hans'. The project implementation will rationalize the agricultural structure in minority regions and accelerate local economic development, provide with employment chance and improve peoples' living standard. The characteristics of Mongolian in the Project area have been put into consideration in project design. Mongolians' opinions and recommendations have been and will be taken into consideration of in compiling and implementing RAP. Minority people will enjoy priority in employment and training.

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Chapter 6 Legal Framework

6.1 Brief account The RAP for the Project has been prepared in accordance with the following laws and regulations, and the World Bank's policy on Involuntary Resettlement.

Policies on land acquisition and resettlement are formulated at three levels of government in China:

* The central government has established the basic policy framework through promulgation of national regulations and implementation guidelines;

* Provincial governments have issued either general or project-specific regulations on implementation of national regulations;

* Prefectures, municipalities and counties have issued regulations applying to specific projects.

6.2 The national Laws and Regulations The following laws comprise the key national policies on nationality, land, grassland and forest land:

The Constitution of the People's Republic of China Regional Autonomy of Minority Law of the People's Republic of China The Land Administration Law of the People's Republic of China and its Implementation Regulations The Grassland Law of the People's Republic of China The Forestry Law of the People's Republic of China The Provisional Regulations of the Cultivated Land Occupation Tax the People's

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Republic of China

The Constitution of the People's Republic of China In the first chapter "the general principle of the constitution" of The P.R.C Constitution, the fourth article is on the minority nationality.

All the nationalities in the P.R.C are equal. The state secures equality, solidarity and cooperation of minorities, prohibiting oppression and discrimination against any minority, and prohibiting undermining national unity. According to the characteristics and the needs of minority nationalities, the state helps accelerate the economic and cultural development of minority regions. Regional national autonomy is established in compact communities of various minorities. Self-movement organs are set for and autonomy is empowered to those minorities. The places with regional national autonomy are the integral components of the P.R.C. People of the various minorities are free to use and develop their own languages and characters, and free to maintain and reform their own customs.

In addition, the sixth section "organs of self government in autonomous regions" in the third chapter "national institution" of the P.R.C Constitution contains the provisions on organs of self-government in autonomous regions. There are 11 provisions from Article 112 to Article 122. The provision of Article 118 is under the guide of government plans, organs of self-government in national autonomous regions are independent in charge of administrating the local economic construction. While tapping natural resources and setting up enterprises in national autonomous regions, the state should give consideration to benefits of those regions.

Re2ional Autonomy of Minority Law of the People's Republic of China A particular law P.R.C Regional Autonomy of Minority Law deals with

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development in a minority territory.

In the 'preface' of this law, there is Regional national autonomy reflects that the state respects and secures the rights of the minorities' administrating their people's affairs and that the state upholds solidarity and equality among the nationalities.

According to the provisions in P.R.C Constitution and P.R.C Regional Autonomy of Minority Law, besides the authority owned by a local vis-a-vis, organs of self-government in national autonomous region are entitled to exercise autonomy. Autonomy of organs of self government contains the following aspects. (1) autonomy in legislation; (2) flexible exercise of autonomy; (3) autonomy in administrating local political affairs; (4)autonomy in administrating local economic construction; (5) autonomy in local finance; (6) autonomy in administrating local affairs on science, education, culture and sports; (7) autonomy in setting up local public security troop to maintain social order; (8) autonomy in using and developing minority language and characters; (9) autonomy in training and adopting minority officials; (10) autonomy in administrating other local affairs.

P.R.C Regional Autonomy of Minority Law also contains provisions on national relations in national autonomous regions.

Article 48. Organs of self government in national autonomous regions secure the equality of their various local nationalities.

Article 50. Organs of self-government in national autonomous region help other minorities living compactly in those regions establish corresponding autonomous regions or autonomous townships. Organs of self government in autonomous regions support the development of their various nationalities in economy, education, science, culture, hygiene and sports.

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The Land Administration Law of the People's Republic of China and its Implementation Regulations Ownership and Right of Use of Land Article 8 Land in the urban districts shall be owned by the State. Land in the rural areas and suburban areas, except otherwise provided for by the State, shall be collectively owned by farmers; land for building houses, land and hills allowed to be retained by farmers shall be collectively owned by farmers.

Article 9 Land owned by the State and land collectively owned by farmers may be allocated to be used by units or individuals according to law. Units or individuals using land shall be responsible for the protection, management and a rational use of the land.

Article 12 Any change in ownership or the right to use land, should go through the land alteration registration procedures.

Landfor ConstructionPurposes Article 43 Any unit or individual that need land for construction purposes should apply for the use of land owned by the State according to law; The term "apply for the use of land owned by the State according to law refers to land owned by the State and also land originally owned by peasant collectives but having been acquired by the State.

Article 45 The State Council shall approve acquisition of the following land: 1. Basic farmland; 2. Land exceeding 35 hectares (1 hectare = 15 mu); 3. Other land exceeding 70 hectares. The people's governments of provinces, autonomous regions and municipalities have the authority to approve acquisition of land other than prescribed in the preceding paragraph and shall submit it to the State Council for the record.

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Article 47 In acquisition of land, compensation should be made according to the original purposes of the land acquired. Compensation fees for land acquired include land compensation, resettlement subsidy and compensation for ground attachments to and standing crops on the land. The compensation fee for cultivated land should be 6-10 times the average annual production value during the three years prior to acquisition. The resettlement subsidy shall be calculated according to the number of agriculture population to be resettled. The number of the agricultural population to be resettled shall be calculated by dividing the area of the acquired cultivated land by the average per capita land holdings of the unit prior to the land acquisition. The amount of the resettlement subsidy is to be determined on a per capita basis and should be 4-6 times the average annual output value during three years prior to land acquisition. However, the amount of the resettlement subsidy should not exceed 15 times the average annual value of the produce. In reference to the land compensation and resettlement subsidy for cultivated land acquired, the provinces, autonomous regions and municipalities should establish the compensation rates for other types of land. The provinces, autonomous regions and municipalities should determine the compensation rates for ground attachments and standing crops. In acquisition of vegetable fields in suburban areas, the units using the land should pay new vegetable field development and construction fund. Whereas the land compensation and resettlement subsidy paid according to the provisions of the second paragraph of this article are not enough to maintain the original living standards, the resettlement subsidy may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities. But the combined amount of the land compensation and resettlement subsidy should not exceed 30 times the average annual production

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value during three years prior to land acquisition.

Article 48 After the plan for land compensation and resettlement subsidy is finalized, related local people's government shall make an announcement and hear the opinions of the rural collective economic organizations and peasants whose land has been acquired.

Article 49 Rural collective economic organizations shall make public to its members the receipts and expenditures of the land compensation fees for land acquires and accept their supervision. It is forbidden to embezzle or divert the land compensation and other related expenses.

Article 50 Local people's governments at all levels shall support rural collective economic organizations and peasants in their efforts toward development and operations or in starting up enterprises.

6.3 The regulations of the IMAR 1) The IMAR Implementation Regulations of the State Land Law

2) The IMAR Implementation Regulations on the Cultivated Land Occupation Tax

The Ulanqab League has not issued the written implementation regulations, and implements the land acquisition and resettlement within their jurisdictions according to the state's and IMAR's relevant laws and regulations with reference to the local actual situations.

6.4 World Bank Policies In order to assure the PAPs to be benefited from the Project, the involuntary

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resettlement is an inseparable part of the engineering design. Therefore, the following measures should be taken according to the relevant World Bank policies, specifically OD 4.30 (Resettlement) and Operational Policy Note 11.03 (Cultural Properties):

1. It should avoid or minimize the involuntary resettlement in a desirable scope, while taking all feasible replacement plan into consideration.

2. All involuntary resettlement should be included in the development projects which must be realized, while adequate funds should be provided to the PAP, who should have chances to be benefited in the Project. Thus, the PAP should:

(1) obtain all compensations for their losses at replacement value before the resettlement;

(2) being given assistance in the course of relocation, and in the transition period of moving to the new sites.

(3) develop a strategy for enhancing or at least rehabilitating their previous living standard, income capability, and production level. Special attention must be paid to the necessity of the vulnerable group.

3. Encourage the mass participation in the process of planning and the RAP implementation, through the establishment of the corresponding social institutions set up by the residents.

4. Minimize the adverse impacts to the original residents in the resettlement area, therefore the PAP should integrate with the former in social and economic activities.

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5. Land, housing, infrastructure, and other compensation should be provided to the adversely affected population and ethnic minorities who may have usufruct or customary rights to the land or other resources taken for the Project. The absence of legal title to land by such groups should not be a bar to compensation.

6. Project-affected Person (PAP) is the person affected by the project due to the land acquisition and resettlement. The PAPs may be individuals, legal persons, or families, no matter what legal status, rights, obligations, and benefits they have, or whether they have the permit to reside in the affected area. The PAPs include, therefore,

(1)hose project-affected persons who have full or partial, long or short authority, rights, or benefits over structures (including housings, simple structures, farming fields, arable land) or other acquired assets;

(2) those project-affected persons who use the above land, structures and assets for business, residence, etc.;

(3) those whose living standards are affected because of the project.

All the PAPs within the above scope have the right to increase or at least maintain their current living standards and receive compensation for their loss of assets (the asset compensation shall cover the replacement expense) and compensation for resettlement and loss of properties. Those PAPs who have no authorities, rights or permits for residence shall enjoy the same compensation and resettlement grant as those who have.

6.5 The Resettlement entitlement policy 1. All affected assets will be compensated at their full replacement cost without any deduction for depreciation;

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2. Compensation payments will be made before the acquisition of land and assets;

3. Compensation rates were negotiated with the governments of the affected areas and the representatives of the PAPs;

4. All affected persons who lose assets occupied by them before the project cut-off date will be assisted in their efforts to restore their standards of living without discrimination on the basis of their tenure status.

The Entitlement Matrix for each of the impact categories is as follows:

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Table 6.1 The Entitlement Matrix

Impact Receivers Compensation Resettlement and restoration implementors categories Cultivate villager 1. land 1. To readjust the distribution of banner/county d land groups or compensation: 8 land in a village so that the resettlement and other other times average farmers who have lost their land offices rural rural annual production can regain land; collective collective value per mu 2. To reclaim barren land where land economic during the 3 years necessary, and develop animal organizati prior to acquisition husbandry, orchards, vegetable ons 2. resettlement planting; subsidy: 5 times 3. To improve land through average annual changing dry land into irrigated production value land. per mu 4. To strengthen education on agricultural technology and raise the production skill of labor force. 5. To raise farmers' income by making use of the compensation for land acquisition and resettlement to develop agriculture and countryside enterprises. 6. To carry out further processing and precise processing on agricultural and forestry product to increase the commercialization delgree of product. Affected property l.brick timber The PAPs will be redistributed the villager houses owners houses: 280 new housing plot by the village. administrative RMB/sq.m The PAPs will receive the house committee; 2.timber tile compensation at replacement villager group houses: 150 price, and salvageable materials RMB/sq.m from their old houses will also 3.simple structures: belong to the PAPs. It should be 105 RMB/sq.m made sure that each household has 3 months for reconstruction and 3 months for demolition and removal. Before the completion of house reconstruction for the affected households, they should not be forced to remove. Their houses should be demolished and built by their own, whereas the vulnerable groups can get help and appropriate material aids

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affected owners of replacement price minimization of relocation and banner/county infrastruc the will be calculated reconstruction in advance resettlement tures affected according to the offices infrastruct original level, ures description, quality and amount affected owners of replacement price Compensation at the replacement banner/county other the will be calculated price resettlement assets affected according to the offices assets original level, description, quality land amount I

6.6 Short History of Chinese Rural Land System The present Chinese land system was formed in the early 1980's. There are 3 great land system changes after the funding of the P.R.C. The first change happened just after the funding of the P.R.C--during democratic reform movement (1950). Feudal ownership of land was perished and small peasant private land ownership became the most popular land ownership. The second one happened in agricultural cooperation movement (from the middle 1950's to the end of the 1950's). Small peasant private land ownership was changed into farmer collective ownership. The third one happened at the end of the 1970's and at the beginning of the 1980's. This change does not alter the previous collective ownership. But land ownership and land operation right are detached, which partly changes the land application system. Farmers begin to contract for collective land (including cultivated land, forest, pasture and wasteland) by household. The term for contracting for the cultivated land is 15 years and the term for contracting other kind of land is decided by owners and contractors in the form of contract. The state issued a policy for a new round land contract: land contract further prolongs 30 years in the 1990's after the 15-year contract term expired in the 1990's. The revised P.R.C Land Administration Law reflected this policy.

6.7 Rural Institution Structure Chinese formal rural organization network has been well developed. It plays an

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important role in technology dissemination and information transmission in farmers' daily life. The project preparation and implementation, especially the resettlement and rehabilitation, well relate to the formal rural organization network.

Before the funding of the P.R.C, a county is the lowest administrative unit set by the state, and people in natural villages and market towns have to govern themselves. The People's Commune was set in Chinese rural area in the latter part of the 1950's and the People's Commune system made administration extend to the grass-root units. The production of a production team had to be decided by the higher authorities. The base of the rural organization structure: production team---production brigade---people's commune---county thus was formed due to the People's Commune. People's Commune system was disbanded in the 1980's and the organization structure was changed into village committee group---administrative village (or village committee)--towwh(town)---county. The structure lasts out. Under this structure, administrative organs are set in a township (town) and a county, and a village committee and a village committee group belong to self-government organizations. In recent years?the economic functions of township(town) governments have been gradually changed into management and service functions. However, the rural formal organization network is relative stable.

Table 6.2 Sketch of Chinese Rural Organization Evolvement

Before the 1950's People's Commune Township (Town) System System

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Production Team Village Committee Group Natural Village Production Brigade Village Committee Market Town People's Commune Township ?Town ?

County ?Town? County

County ______Count

As Table 6.2 indicates, the traditional rural community is a natural village. Generally speaking, a natural village is comprised of a village committee group now. A big natural village may be comprised of a few village committee groups and even comprised by a village committee. Chinese rural land is owned collectively. In most cases, land belongs to village committee collectively. In some places the land is owned by a village committee group collectively---or owned by a community to some extent. A few exceptional cases are on farmland, which belongs to the state or the locality collectively.

6.8 The compensation rates According to the relevant laws and regulations, with reference to the actual conditions of the Project, and through the consultation with the local governments and the representatives of the PAPs, the compensation rates are listed in Tables 6.3-6.6. The compensation rates to be paid for affected land, structures land other assets will not be below the levels given in Tables 6.3-6.6 and will be adjusted by the actual inflation rate from October 10 to the time when the compensation is actually paid.

Table 6.3 The land compensation rates of the Expressway (unit: RMB/mu)

No. item average annual land resettlement total output value per compensation ubsidy multiplier 79 ______m u m ultiplier A B C D E 1 irrigated land 420 8B 5B 5460 2 dry land 126 8B 5B 1638 3 forest land 160 6B 960 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

*1: The compensation rate for the housing plot acquisition is calculated at 2000 yuan per mu which is higher than that for the dry land.

*2: The compensation rate for the wasteland acquisition is 300 yuan per mu.

*3: The cultivated land occupation tax for irrigated land and dry land are 2000 and 667 yuan per mu separately.

Table 6.4 Cost analysis of single-story brick timber house

item unit Consumption price cost remark per unit Yuan/unit yuan Main material 173.89 1?timber cu.m 0.1056 900 95.04 2?cement kg 33.8 0.35 11.83 3?brick no. 285 0.18 51.3 4?stone cu.m 0.0223 30 0.67 5?sand cu.m 0.453 28 12.68 6?glass cu.m 0.182 13 2.37 Other material 13.91 8% of main material Manpower 60 Water, electric 6.67 1000 yuan for 150 ity, road and square meters per ground household Reserve fund 12.39 5% of main material, other material and Manpower total 266.86

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Table 6.5 Cost analysis of single-story timber tile house

item unit Consu price cost Remark mption per unit Yuan/unit yuan Main material 66.9 1?timber cu.m 0.07 900 63 2?cement kg 3.5 0.35 1.225 3?brick no. 4?stone cu.m 0.02 30 0.6 5?sand cu.m 6?glass cu.m 0.16 13 2.08 Other material 5.35 8% of main material Manpower 60 Water, 6.67 1000 yuan for 150 electricity, road square meters per and ground household Reserve fund 6.61 5% of main material, other material and Manpower total 145.5

From the above tables it can be found that the total cost for brick timber house and timber tile house are 266.86 yuan per square meter and 145.5 yuan per square meter separately. The indirect loss of the relocated households can be calculated at 13 yuan per square meter for brick timber house and 4.5 yuan per square meter for timber tile house. Therefore, the compensation rates for brick timber house and timber tile house can be determined at 280 yuan per square meter and 150 yuan per square meter separately.

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The Compensation rates for land attachments and other assets are as follows:

Table 6.6 Compensation rates for land attachments and other assets

No. item unit Jining City Qahar Right Xinghe Wing Front County Banner A B C D E

1 brick timber houses yuan/sq. m 280 280 280 2 timber tile houses yuan/sq. m 150 150 150 3 Simple structures yuan/sq. m 105 105 105 4 Large open well yuan/no. 15000 15000 5 Drinking well yuan/no. 3750 3750 3750 6 Wall yuan/sq. m 40 40 40 7 Tree (under 10cm) yuan/no. 5 5 5 8 Tree (above 10cm) yuan/no. 40 40 40 9 Tomb yuan/no. 350 350 350 10 Wooden wire poles yuan/no. 8000 8000 8000 11 concrete wire poles yuan/no. 20000 20000 20000 12 Optical fiber cable yuan/no. 150000 150000

6.9 Temporarily used land compensation According to Article 57 of the Land Administration Law of the PRC, it should be approved by a people's government at county level or above for land to be used temporarily during construction or geological exploration provided that the land is state owned or collectively owned by peasants. According to the ownership of land, the user should sign a contract with the corresponding land administration office or the cooperative economic organization of peasants, or village committee for the temporary use of land and should also pay compensation for the land. The basic period for temporary land is usually less than two years. However, since the Project is a infrastructure project and will experience a long term civil construction, the

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period for temporary land use will be relatively long. The users should make full restoration of the temporarily used land after the temporary use expires. Since the contract signing for temporary land use and corresponding compensation payment will be conducted by the constructors, that budget will not be included in the RAP.

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Chapter 7 Institutional Arrangements

7.1 The establishment of the resettlement agencies To strengthen the coordination and management, and improve the institutional system of the land acquisition and resettlement of the Project, the following special agencies will be set up:

? The Project Resettlement Leading Group ? The Project Resettlement Office (PRO) ? The League/City Resettlement Offices ? The Banner/County Resettlement Offices ? The Township Resettlement Offices

The membership and function of the various resettlement institutions are described in detail in Section 7.2 and 7.3 of this chapter. For the establishment dates of the institutions, please refer to Table 9.2, Chapter 9.

Other agencies concerning the land acquisition and resettlement are:

? The IMAR Planning Committee ? The IMAR Department of Finance ? The IMAR Department of Communications (IMAR DOC) ? The IMAR Bureau of Land Administration ? The Highway Project Office for World Bank Loan of IMAR Communications Department ? The Inner Mongolia Communications Design and Research Institute (IMCDRI)

? The independent monitoring institution

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? The league/city governments and their departments of finance, communications and land administration in the affected areas ? The banner/county governments and their departments of finance, communications and land administration in the affected areas ? The township governments and their department of land administration in the affected areas ? The village administrative committees in the affected areas

7.2 Staffing of the special agencies 1. The Project Resettlement Leading Group It is composed of the relevant leaders from the Planning Committee, the Department of Finance, the Department of Communications, the Bureau of Land Administration, the PEO of the Communications Department of the IMAR and the relevant leagues/cities. The vice-chairman of the IMAR in charge of communications will be the head of the Project Resettlement Leading Group.

2. The Project Resettlement Office It is composed of the specialized personnel in charge of the land acquisition and resettlement from the Planning Committee, the Department of Finance, the Department of Communications, the Bureau of Land Administration, the PEO of the Communications Department of the IMAR and the relevant leagues/cities. The director of the PEO of the Communications Department of the IMAR will be the head of the Project Resettlement Office.

3. The League/City Resettlement Offices They are composed of the specialized personnel in charge of the land acquisition and resettlement from the relevant League/City's Departments of Finance, Departments of Communications, Bureaus of Land Administration and the PEOs of the Communications Department. The directors of the PEOs of the

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Communications Department of the relevant leagues/cities will be the heads of the League/City Resettlement Offices.

4. The Banner/County Resettlement Offices They are composed of the specialized personnel in charge of the land acquisition and resettlement from the relevant Banner/County's Departments of Finance, Departments of Communications, Bureaus of Land Administration. The related leaders of the relevant Banner/County's Departments of Communications will be the heads of the Banner/County Resettlement Offices.

5. The Township Resettlement Offices They are composed of the specialized personnel in charge of the land acquisition and resettlement from the township governments and the Township Offices of Land Administration. The related leaders of the relevant townships will be the heads of the Township Resettlement Offices.

7.3 The responsibilities of the agencies 1. The Project Resettlement Leading Group A. Define the job division and coordinate among various agencies; B. Review and discuss the internal monitoring reports submitted by the PRO; C. Review and discuss the independent reports submitted by various implementation agencies and the relevant departments.

2. The PEO of the IMAR Communications Department A. Conduct the census of the affected people and assets; B. Organize the compilation of the RAP; C. Make the preparatory arrangements of the land acquisition and resettlement according to the provisions of this RAP and after the establishment of the PRO, devolve the routine work to the PRO.

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3. The Project Resettlement Office (PRO) A. Cooperate with the PEO of the IMAR Communications Department in preparing the RAP; B. Apply for the Construction Land Use Certificate to the relevant authorities; C. Train the staff of the subsidiary resettlement offices; D. Sign the resettlement contracts with the League/City Resettlement Offices; E. Pay compensation and coordinate the implementation of the land acquisition and resettlement; F. Undertake the internal monitoring activities; G. Suggest solutions for handling problems identified in monitoring the implementation; H. Report to the Project Resettlement Leading Group on work progress, the problems and remedial measures regularly.

4. The League/City Resettlement Offices A. Cooperate with the relevant agencies in making the census and surveys; B. Train the staff of the subsidiary resettlement offices; C. Implement the RAP; D. Receive the resettlement funds from the PRO and allocate them to the Banner/County Resettlement Offices; E. Guide and supervise the land acquisition and resettlement work in relevant banners/counties; F. Report to the PRO on work progress, the problems and remedial measures regularly.

5. The Banner/County Resettlement Offices A. Cooperate with the relevant agencies in making the census and surveys; B. Train the staff of the subsidiary resettlement offices; C. Implement the RAP;

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D. Receive the resettlement funds from the League/City Resettlement Offices and allocate them to the PAPs according to the working procedures; E. Guide and supervise the land acquisition and resettlement work in relevant townships and villages; F. Report to the League/City Resettlement Offices on work progress, the problems and remedial measures regularly.

6. The Township Resettlement Offices and the Village Administrative Committees A. Cooperate with the relevant agencies in making the census and surveys; B. Assigned by the Banner/County Resettlement Offices, carry out the land acquisition and resettlement within their jurisdictions; C. Examine and record all resettlement activity within their jurisdictions; D. Report to the Banner/County Resettlement Offices on work progress, the problems and remedial measures regularly.

7. Internal and external monitoring agencies For details of the internal and external monitoring agencies, please refer to Chapter 12 of the RAP.

7.4 Training and development of the resettlement staff Obiectives The training program is intended to train the administrative personnel and technicians concerning the resettlement of the Project so that they can acquire the knowledge of land acquisition and resettlement to ensure the fulfillment of the RAP.

Trainees According to their responsibilities, the trainees fall into the following two groups.

Administrative personnel: they consist of high-level administrative personnel, who

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are to be trained to be able to handle the issues and emergent situations in land acquisition and resettlement. There are 15 persons altogether, with 3 from the PEO; 3, from the Provincial Communications Department; 2, from the design institute; 1, from external monitoring agency; and 3, from each banner/county; 3, from the league. They are to be trained to learn the new methods and management experience from the advanced countries and to introduce them to all the personnel in charge of land acquisition and resettlement work.

Working staff: There are altogether 24 persons, with 8 from each banner/county. They are to be trained to have a sound knowledge of environmental protection and the project and to cooperate with the other authorities so as to ensure the fulfillment of the project.

Methodology The training program is divided into two parts. For the first one, training seminars for high-level administrative personnel will be held in Hohhot City and sponsored by the PEO, with lectures given by the senior staff from the World Bank, government officials and experts; for the second one, training seminars will be held in each banner/county for the working staff and sponsored by each banner/county resettlement offices, under the guidance of directors from the PEO.

Schedule According to the trainees and training content, the program is divided into three stages.

1. In September 2001, for 7 days.

2. In October 2001, for 7 days.

3. In November 2001, for 7 days.

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Content General description and background of the project Relevant laws and regulations concerned RAP Procedures of management and reporting Management of expenses Index control Acceptance of complaints

Cost The training of 15 administrative personnel will cost 150,000 yuan, with 10,000 yuan for each; the training of 24 working staff will cost 91,200 yuan, with 3800 yuan for each. The cost totals 241,200 yuan.

7.5 The organizational chart The following chart illustrates all the agencies involved in the land acquisition and resettlement of the Project.

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EPlanning Department of Department of Bureau of Land Committee Finance Communications Administration

PEO Project Resettlement Leading Group

Inner Mongolia Project Independent Communications Design Resettlement Monitoring and Research Institute Office Institution

league/city governments and their departments of finance, communications and land administration League/City Resettlement Offices banner/county governments and their departments of finance, communications and land administration Banner/County Resettlement Offices township governments and their departments of land administration Township Resettlement Offices

Village Administrative Committees

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Chapter 8 Costs and Budget

8.1 Flow of funds On the basis of the compensation policies and rates given in the RAP, the Project Resettlement Office, the League/City Resettlement Offices, the Banner/County Resettlement Offices, the Township Resettlement Offices and the Village Administrative Committees will sign compensation agreements with their subordinates, the affected units, the affected persons separately according to their jurisdiction. Payment of funds will be made timely in accordance with these agreements.

Land acquisition and resettlement compensation include basic compensation, administrative, unforeseeable and other expenditures. The flow of funds is illustrated as follows:

Department of Communications

Project Resettlement Office

League/City Resettlement Offices

Banner/County Resettlement Offices

Township Resettlement Offices

affected units administrative other owners of and enterprises villages affected assets

affected residents

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8.2 Basic cost Basic compensation consists of that for permanently used land, young plant, taxation on the use of cultivated land, country people's resettlement, indirect losses from house demolition for a family, house demolition and removal, the sites of rebuilt buildings, leveling of the sites for new houses and courtyards, land-attached objects, and removal of infrastructures.

8.2.1 Land compensation Land compensation is composed of compensation for irrigated fields, dry fields, forestland, grassland, wasteland, allowance for house reconstruction and new sites, leveling of courtyards.

8.2.2 Standing crop compensation The cultivated land to be acquired, because of the ample preparation for the land acquisition, will be acquired after the harvest, and only the wasteland will be occupied temporarily. Therefore, there will be no affected crops in the land acquisition and resettlement of the Project.

8.2.3 Allowance for Agricultural Population Resettlement In the calculation of this index, the amount of acquisitioned land should be in accordance with the actual land used and the rate is given in Table 6.3.

8.2.4 Compensation for House Demolition and Removal This compensation consists of the cost in demolition and removal of houses owned by a family or a community.

8.2.5 Compensation for land attachments The compensation is to be calculated based on the actual amount/number of land-attached objects to be removed.

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8.2.6 Compensation for Removal of Infrastructures Infrastructure mainly refers to power and telecommunication facilities, which should be demolished and rebuilt by their owners. During the implementation, irrigation channels, highways and other facilities other than power and telecommunication facilities encountered should be rebuilt and restored by the owner of the project.

8.2.7 Training Expense It consists of the cost for the training of the administrative personnel and working staff.

8.2.8 Monitoring Expense It includes the cost of both internal and external monitoring by independent monitoring agency.

8.2.9 Expense for the Preparation of EAP It covers the cost in the investigations, propaganda and the compilation of RAP.

8.3 Administrative Management Expenses The total administrative management expenses for the resettlement offices at different level make up 4% of the basic compensation. They are used for the routine work during acquisition and resettlement, including purchase of equipment, salary and transport allowance, etc.. They will be examined and allocated by the Project Resettlement Office to the local resettlement offices, which should not extract additional fund from demolition and removal compensation.

8.4 Unforeseeable Expenses 8.4.1 Non-price Unforeseeable Expenses They account for the unforeseeable expenses that may arise because in some special cases it may be necessary to adapt the design temporarily, resulting in a change of

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resettlement action plan. They make up 15% of the basic compensation.

8.4.2 Price Unforeseeable Expenses Because there is a gap between the time when RAP was drafted and the time during which RAP is being implemented, it is possible that the compensation price may rise resulting from a rise of the price of materials or other causes. The expenses are taken as 15% of the basic compensations.

8.5 Other Expenses The expenses are taken as 4% of the basic compensations.

8.6 Recipients of basic compensation Each kind of basic compensation should be distributed to a recipient according to the seriousness of impact.

8.7 Sources of Compensation for Land Acquisition and Removal The investment for the Project totals 1.4 billion yuan. The total budgeted compensation for land acquisition and resettlement amounts to 49.37 million yuan, making up 3.5% of the total investment, which will come from the investment of the People' Government of IMAR.

The compensation is estimated according to the compensation rates set out in Table 6.3 to Table 6.6. For detailed cost estimates of all categories of expenses see Table 8.1 as follows:

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The costs on the land acquisition and resettlement of the Project

item unit Compensation amount Compensation fee rate (yuan) (10 thousand yuan 1. basic compensation 3577.429 (1) permanent land 2925.99 acquisition irrigated land mu 9280 2542.5 2359.44 dry land mu 3007 1329.4 39.975058 forest land mu 960 323.24 3.103104 grassland mu 720 307.83 2.216376 wasteland mu 300 3329.5 99.8850 housing plot mu 4000 34.3 13.7200 (2) housing demolition 59.4820 brick timber houses Sq.m 280 1222 34.2160 timber tile houses Sq.m 150 731 10.9650 simple structures S 105 1362 14.3010 (3) land attachments 192.924 Large open well no. 15000 4 6.000 Drinking well no. 3750 7 2.625 Wall Sq.m 40 2926 11.704 Tomb no. 350 119 4.165 Tree (under 10cm) no. 5 90956 45.478 Tree (above 10cm) no. 40 30738 122.952 (4) infrastructure 299.5 Power line place 30000 39 117 Communications line place 15000 15 22.5 Underground optical fiber place 400000 4 160 cable (5) training expense 20.12 (6) monitoring expense 50 (both internal and external) (7) RAP preparation 15.0 2. Administrative expense 143.1 (4% of the basic compensation) __ _ 3. Unforeseeable expense 1073.2 (1) Non-price unforeseeable expense (15% of the basic compensation) 536.6 (2) Price unforeseeable expense (15% of the basic compensation) 536.6 4. Other expense (4% of the basic compensation) 143.1 Total 4936.8577

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Chapter 9 Resettlement and Rehabilitation program

9.1 Objective of Resettlement and Restoration The ultimate objective of resettlement and restoration is to ensure a restoration of life and production of the impacted individuals, enterprises and institutions in a short period of time and to raise the living standards and productivity as quickly as possible. Specifically speaking, this includes the following aspects.

1) To ensure that the resettled can get the rebuilt houses.

2) To ensure that the labor force can be resettled appropriately, and their income can be raised through the development of agriculture, economic plants and diversified economy.

3) To ensure that the infrastructure can be compensated at the replacement cost, and can be retrieved to their original standards.

9.2 Modes of Resettlement and Restoration Resettlement and restoration for the impacted should be carried out simultaneously in two aspects, i.e., life and production.

The former is mainly the rebuilding of houses and restoration of other facilities indispensable to normal life, including:

1) Houses of the affected households;

2) Water supply, electricity supply and communication facilities, etc..

The latter is principally resettlement and reemployment of labor force, and the restoration and development of production, which includes:

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1) Agricultural resettlement of the affected agricultural population;

2) Rehabilitation and development of agricultural production;

Resettlement and restoration is mainly carried out through such modes as financial compensation, labor force resettlement, restoration of production and living conditions, etc..

9.3 Principles of Resettlement and Restoration 1) the PAPs should participate in the resettlement preparation and implementation

The PAPs or their representatives should participate in the determination of house compensation standards, sites for reconstruction, schedule of demolition and restoration, capital allocation, resettlement of labor force, etc.. Consultation with the PAPs can be fulfilled by such means as holding a discussion attended by the representatives, or a meeting attended by villagers and so on.

2) Compensation for houses, infrastructure, and the other objects should be determined at replacement cost

Anything attached to the original buildings belongs to the owner of it and any other unit or individual has no right to arrange or treat it. The residual value of some materials from demolished houses, or the depreciation of previous properties should not be deducted from the price of compensation. The replacement cost should be determined based on the current price through extensive investigation. However, during the actual implementation, factors such as price fluctuation will be considered.

3) Infrastructure should be demolished and reconstructed by the owners. Compensation will be made so that the original functions of it can be restored

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4) Land should be used appropriately.

9.4 Housing Reconstruction Housing reconstruction refers to the construction of the impacted people's residences and other buildings. See Table 9.1 for removal and reconstruction schedule.

Table 9.1 Removal and Reconstruction Schedule

item Starting time Finishing time Consultation for the resettlement August 2001 October 2001 site Notice of the schedule for house November 2001 January 2001 demolition Report of the place for removal November 2001 January 2001 Allocation for compensation April 2002 May 2002 Houses reconstruction May 2002 August 2002 Removal and demolition August 2002 October 2002 Civil engineering construction March 2003 October 2005

Of all the compensation for impacted houses, 50% of it should be paid before the impacted people start building their houses, another remaining 50% should be paid when the reconstruction has been half finished.

9.4.1 Implementation of the Schedule 1. The above control time has been determined according to the construction plan. Therefore, if there is any change in preparation time, the control time should be adjusted based on extensive consultation with the impacted families so as to ensure that they will have three months of removal time and three months for the

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reconstruction of their houses before the start of construction of the project.

2. Before the completion of reconstruction, the impacted people may stay in their old houses, and will not be forced to move out of them.

9.4.2 Selection of Construction Sites The selected sites should be determined through consultation with the impacted households. Measures will be taken for the impacted families to be resettled in their own villages "sparsely" because resettlement centers will not be provided.

The sites of construction should meet the following requirements: 1. The sites still belong to the original communities, (if the impacted families are willing to resettle there), which will be easy for them to adapt to.

According to the results of investigation on land acquisition and resettlement, the average number of households to be resettled per village along the whole alignment is less than 3, so the sites of reconstruction will be within the original villages.

2. There should be an adequate sanitary environment in the sites, being convenient to live in.

3. The suggestion for the sites will be made for the families to choose from, and it will not be against their willingness.

4. The desires of the people to be resettled will be considered.

The unoccupied land in a village should be used as the reconstruction sites wherever it is possible. Documents for reconstruction on such sites should be obtained by the village committee from the land administration and building planning authorities. If cultivated land is to be used, approval documents from a county people' government are needed.

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9.4.3 Compensation for Loss of Working Time Compensation for the loss of working time should be calculated in terms of actual impacted time.

9.4.4 Aids to the Vulnerable Groups The vulnerable groups include the poor households, the households having the disabled members, the households headed by the women, and the households where the aged live alone. They can get the following aids.

1. Manual aids: workers for reconstruction and removal will be provided by the village.

2. They can choose the construction sites and fields to be redistributed preferentially.

3. Orphans and the widowed will be sent to old folks' homes by the owner of the project.

9.5 Infrastructure Facilities The infrastructure facilities impacted are mainly power, telecommunication, water conservancy and transportation facilities. For these facilities, resettlement offices will make compensation based on the repurchase price through extensive consultation with the authorities concerned. The owners of the facilities will be in charge of the restoration and will work out the schedules for restoration before the removal. The restoration should be completed in the shortest possible time so as to ensure the normal life of the local people. Special attention should be paid to those facilities of national importance.

9.6 Agricultural Population and Labor Force Resettlement 9.6.1 Modes of Agricultural Labor Force Resettlement RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

A village is the most basic collective unit to have the right to use land, for the amount of land acquisition for national construction, resettlement of agricultural population and agricultural labor force are all calculated in terms of a village, and agricultural resettlement is generally carried out within the village, which will be adopted for the project.

There will be no surplus labor force from the impacted agricultural population after the land adjustment. Anyone impacted will be resettled by the village through appropriate land compensation and adjustment.

Agricultural resettlement is to ensure that the farmers who have lost their cultivated land can regain land through land redistribution of all the land in a village.

All the impacted agricultural population will be resettled agriculturally through land adjustment and lease of land. This will be carried out by the following methods.

1. To include the plan to improve irrigated fields of the impacted peasants or to raise their income in the budget of a village.

2. To compensate the impacted peasants' loss by increasing the amount of their dry fields, if their redistributed irrigated field is less than the original.

3. To restore the income of the impacted peasants in addition to retrieval of the land, which is the goal of land adjustment.

4. To provide favorable conditions for the seriously impacted peasants to restore their income through land adjustment and other possible measures.

Land adjustment is to start from March or April 2002. During the adjustment, the RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

redistributed land should be as near as possible to the dwellers' new homes, so that their production and living standards can be restored and raised in the shortest possible time. Priority should be given to the vulnerable groups in choosing the land under the same conditions.

9.6.2 Restoration Measures The average amount of the cultivated land per capita will be reduced after land adjustment. In order that the people's living standards can be restored and raised in the shortest period of time, land compensation and resettlement allowance must be used scientifically. Land compensation and resettlement allowance should be mainly invested to:

1. Improve the conditions of agricultural production The conditions of agricultural production are the key factors influencing the efficiency of agricultural production. In view of the present agricultural situation, the production is of coarse and open type, with less scientific and technological value as well as low efficiency. To reinforce the irrigation systems, to enhance the capacity against natural calamities and to improve the types of economic plants is one of the ways to improve the agricultural conditions and boost agricultural output and to increase the peasants' income with land compensation and resettlement allowance.

2. Reinforce education in agricultural science and technology, enhance the capability of labor force The educational level of the labor force along the highway is low, 68% of which have got at most middle school education. It is evident that the labor force lacks knowledge of science and technology. In order to boost the agriculture, knowledge of science and technology of the labor force need to be improved at first, and attention should be paid to train skilful farmers. RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

3. Expend and develop medium or small scaled enterprises with good market and small risk according the local environment Local resources can be used to develop medium or small-scaled enterprises in rural area, so as to boost the harmonious development in agriculture, industry and trade. This can not only made use of the surplus labor force, but also raise the peasants' living standards directly. Through extensive investigation on such aspects as raw materials, market potential and production efficiency, investment should be concentrated on medium or small-scaled enterprises with small risks but fast return of investment. For example, to open quarries along the highway.

4. Seize the chance of the project to mobilize the economy Because the design standards of the project are generally high, and a large amount of stone, sand, earth and timber for the subgrade will be needed, while there are a numbers of quarries, sand stores, and a plenty of timber along the highway, the townships or villages along the highway can make a good compatible planning according to the requirement of construction on transportation of materials such as stone, sand and earth, and manual service or other aspects. Meanwhile, they can make use of the existing cement factories, quarries, or other building material enterprises to increase the production scale, adjust the structures of products, and to produce the necessary construction materials so as to raise the efficiency of the enterprises.

In the case of using local resources and giving priority of labor service to the impacted farmers, everything in the villages should be arranged uniformly in a township base and the coordination between the contractor and the owner should be well adjusted before construction. Under equal conditions, the contractor will give preferential consideration to the impacted villages, which will be determined in the form of agreements.

04 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Based on the above measures, before the allocation of compensation, each village must work out a plan for its use and for restoration of agriculture production. The township resettlement offices should inspect the use from time to time by comparing with the plan concerned. According to national laws, land compensation and resettlement subsidies belong to the public, not individual, so no personal gains are allowed to be sought. The Project Resettlement Office will monitor the investment and its return in the course of the use of compensation.

9.7 Resettlement program of the villages seriously affected by land

acquisition

D5 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Table 9.2 Situation and resettlement program of the villages seriously affected by

land acquisition

Administrative area Land Rate of Brief Estimated investment loss impact introduction of (mu) ed land resettlement program county townshi Admini investme Work to be p strative nt done village (yuan/mu

Xinghe Haoqia Qinjiay 203 3% ? Develop 1500 n ao animal husbandry, breed milch cows ? Drill wells, 6000 Soil change dry improvement land into , water irrigated land conservancy facilities Shihao 193 3.4% ? Develop 1500 animal husbandry, introduce cold area sheep ? Return land 2000 Water and for farming to soil, grass conservation water conservancy facilities Ererdo Haiwoz 217 3.9% ? Introduce 1500 ng i cold area sheep, develop animal husbandry ? Return land 2000 Water and for farming to soil grass conservation, water conservancy facilities

Note: The above-mentioned investment excludes the cost of reclaiming the RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

wasteland, leveling the ground and other work done by using the existing machines and construction equipment of the contractors; in the resettlement program

marked ? or ? refers to the lst or 2 nd program

9.8 Resettlement actions and implementation schedule In order to ensure all the PAPs and can be properly resettled, all resettlement implementation activities will be started in May 2002, and completed at least one month before initiation of the civil construction of the Project (the end of January 2003).

Table 9.2 describes the monthly implementation schedule of the land acquisition and resettlement.

The action plan is divided into three stages such as (1) preparation, (2) implementation and (3) inspection and evaluation (with surveillance throughout the whole process). See the bar diagram for resettlement action plan.

Preparation stage (January 2002-May 2002)

1. Set up resettlement offices at each county, which will be sponsored by the PEO of the IMAR Communications Department.

2. Carry out extensive propaganda through such mediums as newspaper, radio, television and notice, etc., to get the understanding and support from the impacted individuals, units, and whole society. The work will be undertaken by the PEO of the IMAR Communications Department.

07 Table 9.2 Monthly Implementation Schedule for Land Acquisition and Resettlement

Work contents 2002 2003 9?9?9? I 5 6 7 8 9 10 11 12 1 2 3 4 Preparation stage???? I Set up organizations ?????? 2 Inform about policies ?????? 3 Carry on survey ?????? 4 Check on site ?????? Implementation stage ???? 1 Sign agreements ?????? 2 Apply for approval of land acquisition ???????? 3 Pay house compensations ??????? 4 Build new houses ??????? 5 Pay land compensations ??????? 6 Provide land by redistribution & new jobs???????????? 7 Pay allowances ??????? 8 Remove houses and transfer land ????, ???? Inspection stage ???? Inspect resettlement situation and solve problems left over

I8 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

3. Set up boundary poles. The boundary of land for construction should be marked permanently with poles, whose survey and erection will be jointly carried out by the PEO of the IMAR Communications Department and local resettlement offices along the highway.

Implementation state (May 2002-January 2003)

1. Representing the Government of the IMAR, the PEO of the IMAR Communications Department will sign the resettlement agreements with every banner/county government, and the latter will do so with every township government, which then do so again with the villages, which will do so with the villagers.

2. The PEO of the IMAR Communications Department will submit the approval document of land acquisition and resettlement to the higher authorities.

3. The PEO of the IMAR Communications Department will allocate lawsuit allowance to every banner/county via the bank.

4. Construction sites for buildings will be chosen, their structure types be determined, and their construction and setup of enterprises be started, which will be jointly carried out by banner/county and township governments, and individuals.

5. Banner/County governments will allocate the land acquisition and resettlement compensation to enterprises and townships via the banks.

n19 RPP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

6. Banner/County and township governments will redistribute land to the land losers, who can get employed in other professions if they cannot get land.

7. Banner/County and township governments will allocate other compensation.

8. The impacted will move to new dwellings, and then have the original ones demolished. Banner/County and township governments will be responsible for demolishing the land-attached objects, eradicating young plants, handing over the land to the contractor.

Monitoring stage (January 2002-October 2005)

1. Internal monitoring: it will be undertaken throughout the process, i.e. from the beginning of land acquisition/resettlement to the time one year after the completion of project. The resettlement offices of each section of the Expressway and The PEO of the IMAR Communications Department will accomplish the routine inspection and surveillance to ensure that the work has been carried out as specified in the RAP.

2. External monitoring: first the socio-economic baseline survey will be carried out (from July 2001 to July 2002). After that, the monitoring will be carried on as stipulated in the RAP until one year after the completion of the Project. During this period, the external monitoring institute will carry out a socio-economic investigation so as to determine the impact of the Project on the income and living standards of the people involved. External monitoring will be carried out twice a year on the average.

Lo RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Resettlement work must be completed at least one month before the start of civil engineering construction, which won't start until the following work has been finished.

1. Compensations for all the affected individuals and enterprises have been paid according to the substituting value;

2. Reconstruction of houses for the resettled and enterprises have been completed, and the affected people have moved into their new houses;

3. Various subsidies have been distributed to the affected people;

4. Construction of infrastructure facilities on the new sites has been fully prepared. RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Chapter 10 Consultations and Participation

10.1 Consultations and participation The RAP of the Project has been prepared through the active participation of the PAPs. The participation began with the dissemination of the resettlement information on the Project to the PAPs. As early as the engineering feasibility study and the preliminary design for the Project, the route alignment scheme was decided through the solicitation of the PAPs' opinions. It is designed that detailed information dissemination meetings will be held after the Construction Land Use Certificate is obtained.

During the course of the preparation of the RAP, the PAPs have participated in the following activities:

1. The project impacts on people and assets was decided through the census. The local governments and the representatives of the PAPs participated in the census.

2. The socio-economic survey has been carried out with participation of the PAPs and the representatives of the affected areas.

3. In the course of designing the entitlement policies and compensation rates, and implementation program, the PAPs' suggestions and options were fully considered.

E2 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

During the course of implementing and monitoring the land acquisition and resettlement, the PAPs and their representatives will participate in the following activities.

1. The affected residents will select their new housing sites.

2. The affected residents will construction their new houses according to the building plans chosen by themselves.

3. The PAPs can find out the entitlement policies and implementation progress from the organizations concerned.

4. The PAPs can arise their opinions and suggestions on the resettlement to the agencies concerned.

After the implementation of the land acquisition and resettlement, the PAPs and their representatives will participate in the following activities.

1. The PAPs can make the suggestions of improving the facilities and infrastructures in their communities so as to harmonize with the new environment as soon as possible.

2. The PAPs will participate in the socio-economic impact survey carried out by the independent monitoring institution, and put forward their satisfaction degree on various aspects of the resettlement and their problems in rehabilitation of living standards so that the agencies concerned can do their best to solve various difficulties of the PAPs. RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

10.2 Resettlement Information Dissemination In order to improve the work on disclosure of resettlement information and keep affected people well informed, the Project owner will publish announcement on the newspapers in the affected areas before the end of November 2001. The announcement will tell the PAPs that they can go to the banner/county public library to review the full RAP, including the Project introduction, resettlement policy and compensation standards.

10.3 Resettlement Information Booklets (RIBs) To ensure that the PAPs understand the details of the resettlement program, the Resettlement Information Booklets (RIBs) will be prepared. The RIBs will contain the following items:

Brief description of the Project; Project-affected areas; Compensation rates and policy; Resettlement policy; Entitlements of the PAPs; Agencies responsible for resettlement; Favorable policy for vulnerable groups; Grievance appeals procedures;

The RIBs will be distributed to the affected households, township resettlement offices, village administrative committees

-4 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

as soon as the World Bank Appraisal Mission approves the Project.

n5 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Chapter 11 Redress of Grievances

Since the entire resettlement and rehabilitation program is being carried out with the participation and consultation of the PAPs, it is expected that no major grievance issue will arise. However, to ensure that the PAPs have avenues for redressing their grievances related to any aspect of the land acquisition and resettlement, the detailed procedures of redress of grievances have been established for the Project.

The procedures Stage 1 If any person is aggrieved by any aspect of the resettlement and rehabilitation program, he can lodge an oral or written grievance with the following agencies: 1. The Village Administrative Committee 2. The Township Resettlement Office In case an oral compliant is made, it will be written on paper by the receiving unit. The above issue will be resolved within 15 days.

Stage 2 If the aggrieved person is not satisfied with the decision of the village administrative committee or the Township Resettlement Office, he can bring the complaint to the attention of the Banner/County Resettlement Office within 1 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

month from the date of the receipt of such decision. The above issues will be resolved within 15 days.

Stage 3 If the aggrieved person is not satisfied with the decision of the Banner/County Resettlement Office, he can bring the complaint to the attention of the League/City Resettlement Office within I month from the date of the receipt of such decision. The above issues will be resolved within 15 days.

Stage 4 If the aggrieved person is not satisfied with the decision of the League/City Resettlement Office or the aggrieved complaint is not responded within 15 days, he can bring the complaint to the attention of the Project Resettlement Office within 3 months from the date of the original record. The Project Resettlement Office will reach a decision on the complaint within 1 month.

Stage 5 If the aggrieved person is dissatisfied with the decision, he can appeal to the People's Court in accordance with the "Civil Procedure Act" within 15 days of receiving the decision of the Project Resettlement Office.

A22rieved Aspects PAPs can make an appeal on any aspect of the land acquisition and resettlement, including the compensation being offered.

E7 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Detailed procedures for redress of grievances and the appeal process are publicized among the PAPs by distributing RIBs.

In spite of the above procedures established for redressing grievances, in case any conflicts arise regarding the land acquisition and resettlement, the conflicting parties will first negotiate and mediate the case in cooperative effort. The above appealing procedures will be employed only when the mutual negotiation mediation fails. RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Chapter 12 Internal and External Monitoring and Evaluation

To ensure that the implementation of the land acquisition and resettlement is carried out in accordance with the relevant requirements of the RAP and to guarantee the progress and quality of the resettlement action, the resettlement action will be monitored and evaluated both internally and externally during the preparatory arrangements and the implementation, and after the completion.

12.1 Internal Monitoring The Project Resettlement Office (PRO) will undertake the routine internal monitoring and evaluation of the implementation of the land acquisition and resettlement so as to ensure that all the responsible units follow the schedule and comply with the principles of the RAP.

Obiectives The objective of the internal monitoring is to monitor the implementation of the whole RAP for the Project.

Responsibility 1. To ensure the implementation of the specific provisions of the Resettlement Action Plan;

2. Monitor the progress of various jobs regularly so as to identify and timely solve problems and to further ensure that the resettlement be completed in line with the schedule. RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Indicators to be monitored 1. Payment of Compensation to the PAPs and the affected units according to the compensation rates described in the RAP;

2. The determination of the new housing sites and building plans in consideration of the affected residents' options. The number of households finishing building new houses at the scheduled time will be recorded. In order to compare the conditions of the old and new houses, the houses to be removed will be registered which will be kept in the file records of the project;

3. Rehabilitation of the affected infrastructure;

4. Redistribute the cultivated land within the affected administrative villages, and use the land compensation and resettlement subsidy to develop their collective economy.

Personnel The PRO will be responsible for the internal monitoring activities. They will collect information from the departments concerned once every 3 months and fill the information in the relevant tables. On the basis of such information collection, the database of monitored data and information can be set up at the PRO and renewed every 3 months.

Methodologv & Procedure 1. Identify the major indicators to be monitored, and formulate corresponding tables for the departments concerned to RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

fill in every month or season;

2. Carry out the sampling verification to examine the correctness of the filled tables;

3. Convene regular meetings to report on progress of the resettlement, and supervise the progress of implementation;

4. Pay visit to the project sites irregularly so as to appraise the progress of the on-site jobs;

5. Set up the system of regular report.

Report The internal monitoring reports will be prepared every 6 months according to the data and information obtained from the survey tables. The reports will be submitted to the Project Resettlement Leading Group.

The Project Resettlement Leading Group will convene to discuss the internal monitoring reports after they are submitted. The Project Resettlement Leading Group will identify those parts where the implementation of the resettlement is too slow or inadequate according to the resettlement and rehabilitation program.

The internal monitoring reports will be submitted to the Project Resettlement Leading Group and the World Bank once every 6 months by the Project Resettlement Office.

12.2 External Monitoring and Evaluation

I] RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

In order to ensure the proper implementation of resettlement, the Economic Development Institute of the East China University of Sciences and Technology (hereinafter referred to as "the Institute") has been entrusted as the external agency for independent monitoring and evaluation of the land acquisition, resettlement and rehabilitation activities of the Project.

The Zhang Weijian International Loan Consulting Studio of the Institute is formerly the International Loan Consulting Department of the Economic, Legal & Social Consultancy Center of the Academy of Social Sciences, which has conducted the RAP preparation consultation and resettlement monitoring for the IMAR Highway of the Tri-provincial Highway Project. The director of the Zhang Weijian International Loan Consulting Studio, a resettlement specialist acceptable to the World Bank, has been engaged by the World Bank as a resettlement consultant for more than 10 projects financed by the Bank, and has also been entrusted by the project owners to take charge of the RAP preparation consultation and resettlement monitoring for other more than 10 projects financed by the Bank.

Now the Institute has organized a project team for independent monitoring and evaluation of the land acquisition and resettlement of the Project.

Obiective Looking at the overall implementation from a broader, long term point of view, the Institute, as the independent monitoring and evaluation agency for the Project, will follow the resettlement activities to evaluate whether the goals of resettlement are achieved through:

m2 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

1. Compliance with the specific provisions of the Resettlement Action Plan;

2. Improvement in the standards of living of the PAPs or at least maintenance of the pre-project levels of well-being.

Responsibilities 1. Before implementation of the RAP, verify the census result and engage in the socio-economic baseline survey on the PAPs including their standards of living;

2. During implementation of the RAP, conduct the overall monitoring of the RAP and raise suggestions on improving the implementation;

3. After implementation of the RAP, survey and evaluate the socio-economic influence of the Project.

Indicators to be monitored In addition to the above-mentioned indicators, the Institute will also monitor and evaluate the following indicators:

1. Payment of compensation A. Pay sufficient compensation to all the PAPs and affected units and enterprises one month before the civil construction of the Project begins; B. Monitor and make detailed record of the type, rate, amount, date and payee of the compensation;

2. Linkage between the land acquisition, resettlement and the civil works construction of the Project

E3 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Land acquisition and resettlement will be finished at least I month before the initiation of civil construction of the Project;

3. Rehabilitation of Infrastructures A. All the necessary infrastructures will at least be rehabilitated to their pre-acquisition level; B. The compensation for the infrastructures will be adequate for reconstructing it to the pre-acquisition level in quality;

4. Provision of Housing A. The PAPs will be provided with the new housing sites in accordance with their choice; B. The PAPs must move into the new houses I month prior to the civil construction of the Project; C. The compensation payment for self-constructed houses will be formulated in compliance with the criteria and features of the construction equivalent to the reconstruction cost of the house in spite of the depreciation and the value of the usable material of the old houses; D. Monitor and make detailed records of the PAPs specific requirements on moving into the new houses, date of the moving and general resettlement of housing; E. The PAPs will obtain the resettlement compensation, transitional subsidy and award, etc. which they are entitled;

5. Satisfaction Degrees of the PAPs A. The PAPs' satisfaction degree and concrete opinions on various aspects of the resettlement program; RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

B. The mechanism and speed of handling conflicts;

6. Living Standards of the PAPs Living standards surveys will be carried out on the PAPs and a control group. The survey will employ the combination of stratum sampling and group random sampling so as to identify and report the potential problems in rehabilitation of living standards. The general socio-economic survey and analysis will be conducted about 1 year after the land acquisition and resettlement is completed and report in written form the living standard and conditions of the PAPs after their resettlement so as to evaluate the actual impact of the implementation of the RAP on the living standard of the PAPs.

Methodolocy 1. Questionnaire in depth interviews and observational methods will be employed in the survey. The investigating staff, who have received systematic training, will make the on-the-spot investigation, talk with the PAPs so as to be informed of their ideas on various problems and therefore conduct the monitoring and evaluation of the Project from various angles and a wider viewpoint;

2. 100% of the affected administrative villages and 20% of the directly affected households will be investigated in monitoring the implementation of the RAP;

3. Data and information will be collected by the following methods: A. Apply questionnaires to the relevant villages, units, and households to be answered by individuals;

L15 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

B. Direct visit will be paid to the affected people and units; C. Groups on special problems will be organized so as to identify such problems as the eligible old PAPs, women, children, affected units and enterprises, etc. Investigation on such specific subjects will be made at least every 6 months and reports submitted accordingly;

4. The collected data and information will be analyzed according to the affected areas, resettlement site, time and types of the influence, compensation level, duration of the resettlement, etc.;

5. The Institute will maintain a database, which are composed with the data and information collected for various reports. Every project-affected household and enterprise will have a separate record in the database which will be continuously renewed according to the latest information.

Report The Institute will compile reports of monitoring and evaluation every 6 months after the implementation of the RAP begin. The report will compose of a quantitative part (in order to verify the data and information provided in the internal monitoring report) and a qualitative part (see the above). The report will be submitted to the Project Resettlement Leading Group and the World Bank on April 30 and October 31 every year. To be more specific, the report will consist of the following 5 parts:

1. Verify the implementation of the RAP;

fl6 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

2. Review whether the compensation, resettlement, and rehabilitation have met the major objectives stipulated in the

RAP;

3. Report the participation and satisfaction degree of the PAPs on the resettlement program;

4. Identify the main problems in carrying out the RAP and raise suggestions on solving problems and improve the overall efficiency of the land acquisition and resettlement program;

5. Report the actions taken by the departments concerned as suggested in the last report.

The Project Resettlement Leading Group will convene a meeting to discuss and decide solutions on the problems identified in the independent monitoring report immediately after it is submitted.

12.3 Submission of the monitoring reports All the monitoring reports of the land acquisition and resettlement of the Project are listed as follows:

Table 12.1 The schedule for submitting the monitoring reports

Reporter the reported name frequency/time

Fj 7~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

The Project The Project The internal Once every six Resettlement Office Resettlement monitoring months (April 30 Leading Group, report and October 31 The World Bank every year) The Economic The Project The external Once every six Development Institute Resettlement monitoring months (April 30 of the East China Leading Group, report and October 31 University of Sciences The World Bank every year)

and Technology

8 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

Annex Framework of Interview/Focus Discussion for IMAR Highway Project

A Outline for Villager Interview Background of Rural Household 1 family population * labor

2 land * cultivated land * wasteland

3 land institution

4 livelihood (agriculture and non-agriculture) agriculture * planting -grain, cash corps * animal husbandry RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

* avocation non-agriculture * employment in industry * business

Highway Project 1 impact on villagers' daily life * going for work in the field * communication with neighbors in the same village and people of the other village

2 impact of land acquisition/house demolition

3 measures to mitigate the impact of land acquisition and house demolition

4 villagers' attitude and view, especially pay attention to * the old's * women's

Minority Background?if there is minority, ask the following questions additionally? I minority's short history

l0 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

2 land resources/land institution

3 production style * some special production styles

4 habits of live * some special habits of live

5 religion

6 language

7 social interaction with the other nationality people

8 attitude and view to the project

B Outline for Village Investigation Village Background 1 history of village

2 population * labor

11 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

3 land * cultivated land * wasteland

4 land institution

5 livelihood (agriculture and non-agriculture) agriculture * planting incomes grain, cash corps * animal husbandry * avocation non-agriculture * employment in industry * business

6 Geographic position / communication condition

7 School and other community infrastructure

Highway Project I impact on villagers' daily life

12 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

* going for work in the field * communication with neighbors in the same village and people of the other village

2 impact of land acquisition/house demolition

3 measures to mitigate the impact of land acquisition and house demolition

4 villagers' attitude and view, especially pay attention to * the old's * women's

Minority Background?if there is minority, ask the following questions additionally? 1 minority's short history

2 minority population

3 land resources/land institution

4 production style * some special production styles

5 habits of live

13 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

* some special habits of live

6 religion

7 language

8 social interaction with the other nationality people

9 attitude and view to the project

C Outline for Group Focus Discussion of Villagers (TIhe basic questions are similar to theOutline for Villager Interviem However, the interviewer should try to get the key information according to the particular interviewee.)

Background of Rural Household I family population * labor

2 land * cultivated land * wasteland

14 RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

3 land institution

4 livelihood (agriculture and non-agriculture) agriculture * planting incomes-grain, cash corps * animal husbandry * avocation non-agriculture * employment in industry * business

Highway Project 1 impact on villagers' daily life * going for work in the field * communication with neighbors in the same village and people of the other village

2 impact of land acquisition/house demolition

3 measures to mitigate the impact of land acquisition and house demolition

4 villagers' attitude and view, especially pay attention to

is RAP for Laoyemiao-Jining Expressway Project of Inner Mongolia Autonomous Region

* the old's * women's

Minority Background?if there is minority, ask the following questions additionally? 1 minority's short history

2 land resources/land institution

3 production style * some special production styles

4 habits of live * some special habits of live

5 religion

6 language

7 social interaction with the other nationality people

8 attitude and view to the project

16