World Bank Financed Liuzhou Integrated Environmental Management Project (Phase 2) Public Disclosure Authorized RP955 v3 General Resettlement Report Public Disclosure Authorized Management Office of the World Bank Financed Liuzhou Integrated Public Disclosure Authorized Environmental Management Project May 25 2010 Public Disclosure Authorized Resettlement Plan of the Liuzhou Integrated Environmental Management Project (Phase 2) Foreword I. Purpose of preparing this resettlement action plan 1 The resettlement action plan (RAP) is prepared in accordance with the applicable laws of the People’s Republic of China and local regulations and a series of provisions in the Bank Operational Policy OP4.12 Involuntary Resettlement for the purpose of “developing an action plan for resettlement and restoration for the people affected by the project, so that they benefit from the project, their standard of living is improved or at least restored after the completion of the project”. II. Definitions of terms Displaced persons 2 Based on the criteria for eligibility for compensation, “Displaced Persons” may be classified in one of the following three groups: a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and c) those who have no recognizable legal right or claim to the land they are occupying. 3 Persons covered under paragraphs 2(a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under paragraph 2(c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in paragraph 2(a), (b), or (c) are provided compensation for loss of assets other than land. Compensation and resettlement measures 4 To address the following impacts of the involuntary taking of land: (i) relocation or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location, a resettlement plan or a resettlement policy framework shall be prepared to cover the following: (a) The resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost1, for losses of assets attributable directly to the project. 1 "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. i Resettlement Plan of the Liuzhou Integrated Environmental Management Project (Phase 2) (b) If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are: (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. (c) Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also includes measures to ensure that displaced persons are: (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; (ii) provided with development assistance in addition to compensation measures described in paragraph 4(a)(iii), such as land preparation, credit facilities, training, or job opportunities. 5 Cut-off date: means the date of publication of the bulletin of land acquisition and relocation in this project. After this date, the displaced persons shall not build, rebuild or expand their houses; shall not change the uses of their houses and land; shall not lease their land, lease, sell or purchase their houses; and any person that moves in after this date shall not qualify as a displaced person. ii Resettlement Plan of the Liuzhou Integrated Environmental Management Project (Phase 2) CONTENTS 1 OVERVIEW OF THE PROJECT ................................................................................ 1 1.1 PURPOSE......................................................................................................................................1 1.2 PROJECT COMPOSITION AND RESETTLEMENT IMPACTS...............................................................1 1.3 PROGRESS OF PROJECT AND RAP PREPARATION .........................................................................3 1.4 MEASURES TO REDUCE RESETTLEMENT.......................................................................................4 1.5 IDENTIFICATION OF RELATED PROJECTS ......................................................................................7 2 PROJECT IMPACTS..................................................................................................... 8 2.1 PROJECT IMPACT SURVEY............................................................................................................8 2.2 AFFECTED AREAS ........................................................................................................................8 2.3 PROJECT IMPACTS........................................................................................................................9 2.3.1 Permanent acquisition and temporary occupation of collective land ........................11 2.3.2 Permanent acquisition and temporary occupation of state-owned land ....................13 2.3.3 Demolition of non-residential houses.........................................................................14 2.3.4 Vulnerable groups......................................................................................................15 2.3.5 Affected ethnic minorities...........................................................................................15 2.3.6 Ground attachments ...................................................................................................16 3 SOCIOECONOMIC OVERVIEW OF THE AFFECTED AREAS ........................ 17 3.1 SOCIOECONOMIC PROFILE OF AFFECTED CITY AND COUNTIES/DISTRICTS ..................................17 3.2 SOCIOECONOMIC PROFILE OF AFFECTED TOWNSHIPS.................................................................21 3.3 SOCIOECONOMIC PROFILE OF AFFECTED VILLAGES ...................................................................23 3.4 SOCIOECONOMIC PROFILE OF AFFECTED RURAL HOUSEHOLDS ..................................................24 3.5 SOCIOECONOMIC PROFILE OF AFFECTED ENTERPRISES ..............................................................25 iii Resettlement Plan of the Liuzhou Integrated Environmental Management Project (Phase 2) 3.6 SOCIOECONOMIC PROFILE OF AFFECTED ETHNIC MINORITIES ....................................................26 4 LEGAL FRAMEWORK AND POLICY OBJECTIVES.......................................... 28 4.1 POLICY FRAMEWORK.................................................................................................................28 4.2 KEY PRINCIPLES ........................................................................................................................29 4.3 SUMMARY OF PROJECT POLICIES ...............................................................................................30 4.3.1 Acquisition of collective land and resettlement policy ...............................................30 4.3.2 Policy for permanent acquisition of state-owned land...............................................31 4.3.3 Compensation and restoration policy for temporary land occupation.......................31 4.3.4 Demolition of non-residential houses and resettlement policy...................................31 4.3.5 Compensation and restoration policy for ground attachments ..................................32 4.3.6 Resettlement policy for vulnerable groups.................................................................32 5 COMPENSATION RATES ......................................................................................... 33 5.1 COMPENSATION RATES FOR ACQUISITION OF RURAL COLLECTIVE LAND ...................................33 5.2 COMPENSATION RATES FOR PERMANENT ACQUISITION OF STATE-OWNED LAND .......................35 5.3 COMPENSATION RATES FOR TEMPORARY OCCUPATION OF COLLECTIVE LAND ..........................35 5.4 COMPENSATION RATES FOR DEMOLITION OF NON-RESIDENTIAL HOUSES ..................................35 5.4.1 Compensation rates for demolition of non-residential houses