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Land Acquisition and Resettlement Framework
Document Stage: Draft for for GCF Review Project Number: 48409-002 October 2017
Cambodia: Climate-Friendly Agribusiness Value Chains Sector Project
Prepared by t h e Ministry of Agriculture, Forestry and Fisheries and endorsed by the Ministry of Economic and Finance (Chairman of the Inter-Ministerial Resettlement Committee) for the Asian Development Bank.
CURRENCY EQUIVALENTS (As of 24 October 2017) Currency unit KR1.00 $1.00
– = =
riel/s (KR) $0.00025 KR4,037
ABBREVIATIONS ADB AHH CAMGAP COI CRS DMS FWUC GDR GHG GMO GRC HH IOL IRC ISO LARC LARF LARP M&E MAFF MEF MOWRAM MPI PADC PDWRAM PIC PMU PRSC RD-MEF RGC ROW SES SPS WG
Asian Development Bank affected household Cambodia good agricultural practices corridor of impact cost replacement survey detailed measurement survey farmer water user community General Department of Resettlement greenhouse gases genetically modified organism grievance redress committee household inventory of losses Inter-ministerial Resettlement Committee International Organization for Standardization land acquisition, resettlement and compensation land acquisition and resettlement framework land acquisition and resettlement plan monitoring and evaluation Ministry of Agriculture, Forestry and Fishery Ministry of Economy and Finance Ministry of Water Resources and Meteorology multi-dimensional poverty index provincial agricultural development centers provincial department of water resources and meteorology project implementation consultants project management unit provincial resettlement sub-committee Resettlement Department, Ministry of Economy and Finance Royal Government of Cambodia right of way socioeconomic survey Safeguard Policy Statement working group
GLOSSARY Affected Household (AHH)
All displaced persons residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components.
Payment made in cash or in-kind to AHHs as replacement cost for assets, resources or income lost or adversely affected by the project.
Corridor of Impact
The area which is affected by civil works during the implementation of the project and may comprise: (i) area within which AHHs will be entitled to compensation and other measures (in general coming under the heading of resettlement) for any loss of land, structures or legally land use and occupation right and of livelihoods; and, (ii) agreed and demarcated operational area within which construction activities will take place.
Cut-off Date for Eligibility
This refers to the date after which people will not be eligible for compensation or assistance. Those persons occupying or using the project prior to the identified date are eligible to be categorized as AHH and to receive compensation and/or assistance. Persons not covered in the census are not eligible for compensation and other entitlements unless they can show proof that (i) they have been inadvertently missed out during the census and the inventory of losses (IOL); or (ii) they have lawfully acquired the affected assets subsequent to the completion of the census and the IOL and before the conduct of the detailed measurement survey (DMS).
Detailed Measurement Survey (DMS)
With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the IOL, severity of impacts, and list of AHHs conducted during the project’s feasibility studies. The final cost of resettlement for the subproject will be determined following completion of the DMS.
Displaced Person (DP)
In the context of involuntary resettlement, displaced persons are those who are physically displaced (through relocation, loss of residential land or loss of shelter) and/or economically displaced (through loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of involuntary acquisition of land, or involuntary restrictions on land use or access to legally designated parks and protected areas. Further, this refers to any person or persons, who satisfy the condition of “cut-off date for eligibility”. Throughout this LARF, “affected person (AP)” means the same as DP.
It includes all the AHHs (without any discrimination such as household headed by women, disabled elderly, landless and people living below the national poverty line) confirmed to be residing in, doing business, or cultivating land or having rights over resources within the subproject affected area or land to be acquired or used for subproject activities prior and up until the announced cut-off date. Eligibility is confirmed during the conduct of IOL and census of AHHs and is detailed in the entitlement matrix.
A range of measures (i.e. compensation and/or other assistances as set forth and agreed in the Entitlement Matrix), which are provided to AHHs, depending on the type and severity of their losses, to compensate for their losses.
The re-establishment of sources of income and livelihood of the AHHs. This term is used synonymously with “rehabilitation.”
Inventory of Losses
It is the process whereby all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the project corridor of impact (COI) are recorded. Assets are identified, measured, their owners recorded, the exact location pinpointed, and replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of AHHs will be determined.
This involves the displacement of people from their land, homes, assets, sources of income and employment on account of the project. Involuntary resettlement in the context of the present project is extremely unlikely. The project will seek to mitigate any and all adverse impacts on AHH property and/or livelihoods, including providing compensation, relocation (where relevant), and rehabilitation as needed.
The process whereby an individual, household, firm or private institution is compelled to relinquish all or part of the land s/he/it owns or agrees to grant land to government for public purpose in return for compensation at replacement cost.
This refers to additional support provided to AHHs losing productive assets, incomes, employment or sources of living to supplement payment of compensation for acquired assets, in order to improve or at least restore the living standards of the AHH. This term is synonymous with “livelihood restoration”. Rehabilitation measures are provided in the entitlement matrix as an integral part of the entitlements. This is the physical displacement of an AHH from her/his preproject place of residence and/or business.
The amount in cash or in-kind needed to replace an asset in its existing condition, without deduction of transaction costs, depreciation, or for any material salvaged, at current market price, or its nearest equivalent. The replacement rates of affected assets will be determined by the conduct of the replacement cost study. The replacement rate will be updated every 24 months after the completion of the DMS.
Replacement Cost Study
This refers to the process involved in determining replacement costs of affected assets based on empirical data
Land Acquisition and Resettlement Plan
This is a time-bound action plan with objective of ensuring that living standards of AHHs are re-established. It sets out compensation and resettlement strategies, objectives, entitlements, actions, budget, responsibilities, and M&E.
All negative situations directly caused by the project including loss of land, property, income generation opportunity, and cultural assets.
It is a government owned strip of land following a centerline (such as for roads, canals, etc.) providing an area of access.
Severely Affected Households
This refers to AHHs who will be (i) physically displaced from housing, or (ii) may be those who lose 10% or more of their total productive assets (income generating). The severity of impact for (ii) will be confirmed by the result of their socio-economic survey.
Significant Resettlement Effect
For this project, Significant Resettlement Effect for each subproject means 200 persons or more experiencing ‘major’ impacts which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their total productive assets (income generating assets).
These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement. These include: (i) female headed households with dependents; (ii) disabled household heads with no means of support; (iii) households falling under the generally accepted indicators for poverty; (iv) children and elderly households who are landless and with no visible means of support; (v) landless households; and (vi) indigenous peoples or ethnic minorities. The risk of being further marginalized or being suffered disproportionately will occur if those people have their residential house/structure affected or be severely affected by the project. NOTE
In this report, "$" refers to United States dollars.
This Land Acquisition and Resettlement Framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
PROJECT INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION...................39 A.
LARP Institutional and Implementation Arrangements
IRC and General Department of Resettlement
Provincial Resettlement Sub-committee
Project Implementation consultants
District and Commune Level
BUDGET AND FINANCING ..........................................................................................43
MONITORING AND REPORTING ARRANGEMENTS ..................................................43 A.
Schedule of Monitoring and Reporting
ANNEXES 1. LARP SCREENING CHECKLISTS .......................................................................................45 2. DUE DILIGENCE REPORT OUTLINE ..................................................................................47 3. COPY OF VOLUNTARY LAND DONATION FORM ..............................................................48 4. AFFECTED HOUSEHOLD SOCIO ECONOMIC AND IMPACT SURVEY .............................49 5. LARP DATA SETS ................................................................................................................53 6. OUTLINE OF A LAND ACQUISITION AND RESETTLEMENT PLAN ...................................61 7. STANDARD NEGOTIATED SETTLEMENT FORM...............................................................64 8. TERMS OF REFERENCE – INTERNAL MONITORING FOR VERIFICATION OF VOLUNTARY DONATION .............................................................................................65
1. The proposed project is a sector loan project and is overall classified as category B for involuntary resettlement. Subproject screening and selection criteria identify and reject any subprojects that require significant1 involuntary land acquisition and resettlement impacts. Impacts on land if any are anticipated under Output 1 of the project. Irrigation rehabilitation and access road improvement subprojects will be identified during implementation of the project which might require acquisition of small strips of land to accommodate access road and distribution canal improvement. The main approach to land acquisition will be through negotiated settlement based upon current replacement cost of the asset. In some cases, and in order to secure the subproject, it is possible that some households (HHs) may voluntarily donate small strips of land in order to secure a clear benefit. However, given that some subprojects will only be prepared after ADB Board approval, involuntary resettlement impacts cannot be ruled out at this stage. 2. A land acquisition and resettlement plan (LARP) is required under the Asian Development Bank’s (ADB’s) Safeguard Policy Statement (SPS 2009) for category B projects. The Climatefriendly Agribusiness Value Chains Sector Project (CFAVCP) will accept both category B and C subprojects. A LARP will be prepared for any subprojects that involve involuntary resettlement. Where voluntary donations are made, a Due Diligence Verification Report will be prepared and submitted to the Inter-Ministerial Resettlement Committee (IRC) for approval before submitting to ADB for concurrence. The report will focus on a rigorous due diligence procedure with full documentation to verify voluntary donation bona fides. 3. This Land Acquisition Resettlement Framework (LARF) sets out procedures to be used to further screen and select subprojects during implementation and in preparation of subprojects LARPs. Any LARP prepared should describe the subproject activity and scope of works, land required, document the community consultation process, provide details of land and assets affected on a per HH basis, provide details of compensation required by each affected households (AHH), and also provide details of a grievance redress procedure that has been explained to HHs. 4. Where the land acquisition and resettlement involves voluntary donations, the Due Diligence Verification Report will demonstrate: (i) the subproject site is selected in full consultation with landowners and any non-titled affected people; (ii) voluntary donations do not severely affect the living standards of affected people and the amount of to be acquired from each AHH does not exceed 10% of the total assets and/or landholdings of the HH; (iii) voluntary donations are linked directly to benefits for the AHH; (iv) any voluntary donation will be confirmed through written record and is subject to the due diligence verification report; (v) there is an adequate grievance process; (vi) no AHH will be displaced from housing and severely affected; and (viii) no affected household is vulnerable. 5. If subprojects are otherwise identified but assessed as Category A for involuntary resettlement or land acquisition, they will not be financed by the project.
The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).
6. The ADB approved a project preparation technical assistance (PPTA) for CFVACP, with funding from Japan’s Asia Clean Energy Fund and the Canadian Climate Change Fund for the Private Sector in Asia. The project is a regional initiative covering Cambodia, Lao PDR and Myanmar and will invest in pro-poor, inclusive and climate resilient agricultural value chains in Cambodia, Lao PDR and Myanmar. 7. The proposed project will support the implementation of Cambodia’s Agriculture Sector Strategic Development Plan (2014-2018) and the Industrial Development Policy (2015-2025) by increasing rural household incomes and (i) enhancing competitiveness of agricultural value chains (ii) improving climate resilience of critical agricultural production and post-harvest infrastructure, (iii) intensifying commercialization of rice, maize, cassava and mango, and (iv) promoting the use of solar and bio-energy. The project will also create an enabling policy environment for agribusinesses and strengthen technical and institutional capacity for climate smart agriculture. This will, in turn, promote long-term environmental sustainability and enhance profitability for farmers and agribusiness enterprises. 8. The Ministry of Agriculture Forests and Fisheries (MAFF) will be the executing agency in Cambodia. Given its mandate for national irrigation development, the Ministry of Water Resources and Meteorology (MOWRAM) will hold responsibility for the implementation of any irrigation rehabilitation activities under the project. The Ministry of Rural Development will hold responsibility for the implementation any road access improvement under the project. 9. Three representative subprojects have been identified and were subject to feasibility study during PPTA. More projects will be identified, and feasibility studied during project implementation. This LARF is prepared for CFAVCP in order to assist in subproject screening, safeguard categorization and selection during project implementation, and to guide the preparation of land acquisition and compensation plans where necessary and to ensure that project investments comply with the Government of Cambodia (the government) and ADB’s safeguard objectives, principles and requirements. A.
10. The selected provinces are Kampong Cham and Tbong Khmum with connectivity to the Greater Mekong Subregion (GMS) southern economic corridor, and Kampot and Takeo along the GMS south-coastal economic corridor. Kampong Cham province of 4,871 km2 has a population of 866,000 and the province’s population density ranks amongst the highest in the country, over 200 per km2 women are approximately 51.47% of the total population;2 rice production is the dominant crop and consists of 130,560 hectares (ha) and is also a producer of maize and cassava. Tbong Khmum province of 4,924km2 has a population of 876,000 of which 50.28% are female, rice is the major crop but has a sizeable cassava production base 52,420 ha. Tbong Khmum province was elevated to provincial status on 31 December 2013 and prior to that was a district of Kampong Cham province. Takeo province 3,563 km2 has a population of 887,000 of which 51.57% are female; rice production is the main crop with 296,739 ha, mango is an important crop with over 3,000 ha being planted in one district alone. Kampot province of 4,873 km2 has a population of 626,000, 51.23% are female with 141,623 ha of rice and maize production.
Ministry of Planning. 2015. Cambodia Socio-economic Survey. Phnom Penh.
3 11. Poverty rates based on the multi-dimensional poverty index (MPI)3 indicate extreme poverty of 20% in Kampong Cham, 15.9% in Kampot and 18.8% in Takeo. No separate data is available for Tbong Khmum, however, as it has been regarded as one of Kampong Cham’s poorest districts it can be assumed that its MPI rate would be higher than that of Kampong Cham. The MPI rates are substantiated by the Commune Data Base Predictive Poverty Rate (2012) which indicated a poverty incidence of 19.9% for Takeo, 20.4% for Kampong Cham and 20.4% for Kampot. 12. The government categorizes the poor according to a schedule of some ten different wealth and livelihood indicators and has been initiated in Takeo and Kampot provinces. The poor are classified into three categories, poorest of the poor (P1), very poor (P2) and poor (P3). P1 and P2 cases are issued Poor ID cards which entitles them to specific government benefits. Takeo was reported as having some 8.7% of HHs as P1 cases and 14.5% P2 (2013), whereas Kampot recorded 5.8% of HHs as P1 and 8.5% as P2 (2014).4 Kampong Cham has 4.1% P1 and 7% P2 (2014) and Tbong Khmum has 7.1% P1 and 12.2% P2 (2015). B.
Impact, Outcomes and Outputs
13. The overall project impact will be agricultural competitiveness in the project areas improved. The outcome will be more productive and resource efficient agribusiness value chains in project areas developed. The project will have two major outputs. 14. Output 1: Critical agribusiness value chain infrastructure improved and made climate resilient. It involves rehabilitation and modernization of critical agricultural production and postharvest infrastructure to increase production, improve resource efficiency, reduce post-harvest losses, and enhance quality and value chain linkages. It includes development of integrated systems for managing agricultural waste and residues in rice, maize, cassava and mango value chains to enhance their competitiveness, reduce GHG emissions and environmental risks, and contribute to energy independence. Fiver key activities: (i)
upgrading of off-farm and on-farm water management infrastructure to climate resilient condition (includes irrigation systems, rainwater harvesting ponds); (ii) construction of drying, processing and storage facilities at agricultural cooperatives; (iii) improvement of farm roads and tracks within communes to link farm units and production zones to the storage units and provide better access to markets; (iv) strengthening infrastructure for agricultural product quality and safety testing at national (National Agricultural Laboratory) and provincial levels; and (v) developing rural renewable energy infrastructure. 15. Output 2: Climate smart agriculture and agribusiness promoted for key value chains: The project will support the upgrading of the targeted value chains by increasing access to climate resilient varieties and by disseminating, at scale, the best available production technologies and practices for climate smart production of rice, maize, cassava and mango. The output will also introduce resource-efficient practices, and strengthen capacity for productivity and quality improvement, reduction of post-harvest losses, and marketing. Three key activities include: (i) Climate resilient varieties developed and disseminated; (ii) Capacity in climate friendly production practices and technologies enhanced; and 3 4
MPI – Oxford Poverty and Human Development Index, OPHI, 2013. Min of Planning – ID Poor website 7/12/16 - http://www.idpoor.gov.kh/en/reports/2/2.
4 (iii) Farm mechanization and extension through mechanical workshops and training facilities. 16. Output 3: Enabling environment for climate smart agribusiness enhanced. Under this output, the project will invest in the creation of an enabling policy and regulatory environment for agribusinesses, the identification of opportunities for private sector engagement in climate change mitigation and adaptation, and provision of improved climate information services to allow farmers to plan their cropping season. This output will facilitate harmonization of standards, public-private partnerships, and green financing. Three key activities include: (i) Climate-friendly agribusiness policies and standards; (ii) Green finance and risk sharing mechanisms; and (iii) Information and communication technology to support climate risk management. 17. Under this output, the project will assist MAFF and the Ministry of Commerce in formulating policies and regulations to attract foreign direct investment and domestic investment into agribusiness value chain operations. It will provide agricultural product certification support including Cambodia Good Agriculture Practice (CAMGAP) and organic fertilizer standards. It will support Cambodian Agricultural Development Research Institute to develop and distribute climate resilient seeds of rice and maize and improve its infrastructure related to weaning and acclimatizing germ plasm of mango and cassava. Table 1: Table of Anticipated Impacts Output Output 1: Critical agribusiness value chain infrastructure improved and made climate resilient.
Activity Activity 1.1: Climate resilient water management infrastructure
Positive Impact on Beneficiaries • Efficient irrigation services • Enhanced water distribution networks • Substantially higher yields (with estimates between 0.5 tons and 1.5 additional tons per hectare and expansion of cultivated areas • Increased number of crops per year. • Reduced pumping costs to farmers by 30 to 50%. • Improved drainage canals also serve as drainage in case of floods.
Activity 1.2: Agricultural cooperative value chain infrastructure enhanced
Activity1.4: Infrastructure for agricultural quality and safety testing at national level
• • • • •
Acitivity 1.5: Renewable energy
Improved household incomes Improved availability of post-harvest infrastructure Reduced post-harvest losses Improved knowledge of Good Agricultural Practices Improved supply chain linkages to traders or processors and other value chain actors Improved market connectivity
Improved testing and diagnostic services Genetically modified organism analytic capability Improved capacity to undertake quality analysis of organic and bio-fertilizers Enhanced capability to support private sector enterprises in developing tissue culture businesses Rapid testing for pesticide residue and plant toxins as part of risk management procedures Improved rural livelihoods by creating employment for skilled masons
Negative Impact Acquisition of small narrow strips of land for irrigation infrastructure – mitigated through community demand and voluntary land donation subject to stringent criteria.
Activity for value chain improvement
Output 2: Climate smart agriculture and agribusiness promoted for key value chains
Activity 2.1: Climate resilient varieties developed and disseminated
Activity 2.2: Capacity in climate friendly production practices and technologies enhanced
Activity 2.3: Farm mechanization and extension through mechanical workshops and training facilities. Output 3: Enabling environment for climate smart agribusiness enhanced
Activity 3.1: Climate-friendly agribusiness policies and standards.
Positive Impact on Beneficiaries • Reduced energy costs by promoting bio-energy and solar energy • Use of bio-slurry as a substitute for fertilizers for improving fertility and reducing need to buy fertilizers • Reduced need to burn wood, charcoal, gas or electricity for domestic use • Reduced need to collect or purchase solid fuels • Reduced exposure to harmful emissions from solid biomass fuels • Climate resilient rice and maize varieties released for commercial production giving improved yields and incomes • Improved agricultural biodiversity • Improved resilience to climate change • • • • • • • • • •
• • •
Training in improved farm production practices and technologies Training to cooperatives and farmer water user groups to better manage operations Improved production practices and technologies Improved yields and incomes Improved repair and maintenance of farm machinery Improved employment prospects in rural areas Improved agricultural technical support services available to farmers Improved farm efficiencies with mechanization Increased availability of farm machinery and increased employment for operators Improved business climate to attract private sector investments into agribusiness so that Cambodia business has a comparative and competitive advantage with its regional rivals Improved strategies to mobilize public resources to enhance agribusiness growth Improved institutional and legal framework conducive to supporting and assisting agribusiness and removal of existing barriers Improved product standards to enhance marketability and access to export markets leading to improved prices for produce
Activity 3.2: Green finance and risk sharing mechanisms
• • • •
Improved business acumen of cooperatives Improved access to credit Income protection from crop insurance Increased number of PPPs providing increased employment opportunities.
Activity 3.3: Information and communication technology to support climate risk management
Improved availability of market and weather information to farmers in Kampong Cham province Improved awareness of precision agriculture and good agricultural practices in Kampong Cham
Scope and Nature of Land Acquisition and Resettlement Impacts
17. Potential impacts on land, if any, are expected as a result of implementation activities mainly under Output 1. This output will include implementation of community identified, demand driven subprojects such as rehabilitating and modernizing critical infrastructure including farm roads, water storage and small scale irrigation systems, as well as crop drying, storage, milling and packaging facilities. 18. At least 20 climate resilient irrigation and water management systems have been identified for rehabilitation and modernization in the four target provinces, which will cover a maximum of 15,000 ha under irrigation command that will be made climate resilient benefit at least 25,000 HHs. At least 60% of these HHs will then have the capacity to have sufficient water resources to irrigate a second crop, and a 30% of HHs a third crop. 19. Although no physical displacement (relocation) impacts are expected for sub-projects, it is likely that irrigation scheme rehabilitation through weather proofing of critical structures and construction of secondary canals, may entail both temporary and permanent loss of small areas of land, crops and trees. Temporary loss or disruption on the use of land or other assets may be caused by construction works and the storage and movement of construction equipment and materials. Permanent loss would be due to the construction of new secondary canals. The construction of new secondary canals would be undertaken in schemes that currently have a main canal only. Secondary canals are needed to improve the efficiency of the irrigation system through improved water management and distribution which in itself is a key factor in improving irrigated crop yields. 20. At least 500 on-farm surface water catchment ponds will be dug and commissioned. Each pond will be used for supplementary irrigation and will be sited to collect surface run-off and have sediment traps to avoid excessive sedimentation. 21. The project will support a laser land leveling campaign up to a maximum of 4,000 ha. The laser leveling will take place in selected climate resilient irrigation and water management systems supported by the project. The laser land leveling will serve as a training exercise for potential service providers/contractors.5 22. The project will support 10 drip irrigation demonstration units on farmers land in the target provinces.6 The demonstrations will be used for training of not only the recipient farmer but also for surrounding mango farmers and GDA nominated training of trainers. The first two years of training will be subcontracted out by the drip irrigation contractor and inputs will be supplied for the demonstrations by the project. Through the use of demonstration it is expected that at least 1,000 ha of drip irrigation is established in mango orchards and those orchards that have the drip systems will benefit from at least 30% increase in yields from the average of 15 tons/ha and an increased percentage of Grade A fruit, rising to 60% from a 20% average. 23. Output 1 includes a second activity to support agricultural cooperative value chain infrastructure which will include connectivity/access to markets and road networks, so that at least 50 cooperative enterprises can integrate adaptation measures in post-harvest infrastructure 5
The ADB Climate Resistant Rice Commercialization Sector Development Program has a 1,000 ha target, the program has encountered difficulties in identifying contractors that have the necessary equipment, an innovative form for contracting may be required to include machinery purchase and lease back. 6 MAFF has requested at least one demonstration drip irrigation unit to be located in Kampong Cham province which borders Takeo and is the most important mango producing province in the east of the country.
7 investments in the value chains. The project will support 50, 100 or 200 tons cleaning, drying and storage units on selected agricultural cooperatives. The size of the store will depend on the crop commodity or the trade that the cooperative deals in; seed grain and grain for processing or cassava chips to: (i) reduce post-harvest losses; (ii) improve the grain or cassava chip sample and its moisture content particularly during the rainy season; (iii) ensure a better price by delivery flexibility to processors within the value chain; (iv) introduce bio mass driers and with photo voltaic energy used within the stores for ventilation, lighting and powering management systems; and (v) encourage processors and buyers to form closer linkages with such cooperatives as it will stabilize supply and demand and therefore pricing issues relating to the availability and oversupply of the product, as well as offer continuity of supply. The project proposes the improvement of rural roads and tracks within communes which will focus on linking some of the proposed 50 cooperative storage and drying units to be supported by MAFF, in two ways: (i) linking farm units and the production zones to the storage units and (ii) connectivity of the stores to all-weather and/or climate resilient roads, the latter being more durable structures to tolerate heavy transport and delivery trucks. 24. Any road construction or improvements will be made to existing alignments and no new land would be permanently acquired. The building of any storage and/or processing facilities will be implemented in communities having agricultural production cooperatives and on land already acquired, or being acquired, by the cooperative under private commercial transactions. No new land will be permanently acquired for these purposes. 25. Infrastructure will be needed for other investments under the third activity for Output 1, such as the training and development centers, and machinery, technology and laboratory centers. These investments will be made on unoccupied land already belonging to the government and within existing agency or learning center compounds. There will be no land acquisition or resettlement involved. 26. The third activity is mainly concerned with infrastructure for agricultural testing and providing the training facilities at the provincial level by establishing four Provincial Agricultural Development Centers (PADC) and four Provincial Agricultural Engineering Workshops so that they are fully operational to improve and create resource and training centers for service provision, agribusinesses and farmer value chain linkages. All new buildings and improvements under this output will be either within existing agency compounds or other unoccupied state land and no resettlement or land acquisition is envisaged. 27. The project will finance the building of a PADC in Takeo, Tbong Khmum and Kampong Cham provinces and the rehabilitation of the existing extension/agricultural development center in Kampot. Any new buildings will be within existing agency compounds and no new land will be acquired (see Table 2 below). It will also provide technical assistance to manage the training facility and undertake a needs assessment to ensure good training unit management and appropriate procurement. This is to improve the formal training facilities for provincial training and capacity building of Climate Smart Agriculture, Sustainable Rice Platform and Cambodia Good Agricultural Practices (CAMGAP) standards and agricultural cooperatives and farmers water user cooperative (FWUC) accountancy and bookkeeping and business planning, together with the theory of agricultural machinery and equipment repair, operation and maintenance, as detailed in Output 2, together with the supply of training and classroom equipment. The project will support the construction of mechanization workshops and classrooms, in Kampot, Kampong Cham and Tbong Khmum and commissioning the new workshop and classroom in Takeo. Technical assistance will be provided for agricultural engineering design and fabrication, repair, operation and maintenance. The supply of equipment and tools for the repair and maintenance of
8 agricultural production and processing equipment. The equipment and tools for the manufacture and assembly of agricultural production and processing equipment, together with the supply of design, training and classroom equipment to the provincial workshop units. 28. At the National Agricultural Laboratory the newly inaugurated Plant Biotechnology Laboratory (PBL) will be supported; no building is required as the sanitary and phytosanitary measures and Plant Protection Unit will be moving from the existing laboratory building to a new building; however some building redesign and reorientation is required to satisfy future ISO 17025 accreditation. The activities will include TA to (i) establish Genetically Modified Organism (GMO), plant toxins, bio-fertilizer and organic fertilizer testing capacity; (ii) support International Organization for Standardization (ISO) 17025 accreditation; (iii) develop TC protocols for banana7 and cassava; and (iv) assist in the laboratory commercialization process to achieve partial cost recovery. The project will supply analytical testing equipment for GMO analysis and bio-fertilizer and organic fertilizer testing, the supply of TC equipment and materials that will include making the TC laboratory aseptic and the supply of growth media etc. and plantlet weaning facilities and the supply of pesticide residue rapid test kits for field testing for pesticide residues and desktop testing equipment for aflatoxins. Table 2: Land Needed for PADC Province Kampot Takeo Kampong Cham Tbong Khmum
Facilities No facility, land is available. New 2story office and training building (9x27m) and workshop on a 5ha plot (16.6x42m) No facility, land is available No facility: Government offices to be built at the new city by 2 nd quarter of 2017. One ha of land available for training center.
29. Detailed engineering designs are not yet available for core or other identified subprojects, impacts will have to be re-assessed once the detailed designs and actual sites are finalized. A preliminary design was prepared for the Trapiang Run irrigation subproject which allowed the identification of 0.3 ha of land that would be needed for canal construction, and in order to secure the project the group of 11 AHHs agreed that they would donate small strips of land. Based on current land values in the area, this 0.3 ha area has a value of around $820, and a land acquisition due diligence verification report has been prepared. 30. Other subprojects studied under PPTA included a cassava drying and storage facility and a mango drip irrigation scheme. Implementation arrangements for the cassava drying facility are through an agricultural cooperative that will purchase its own land if needed under a private commercial transaction with a willing seller independent of the CFAVCP and using the cooperatives own resources. Subproject selection criteria preclude any involuntary land acquisition for this type of subproject. 31. With regards to drip irrigation, a selected small holder will receive drip irrigation infrastructure installed on his/her own land in exchange for allowing the technology to be tested and act as a working example for demonstration purposes. The smallholder will receive the infrastructure free of charge and no land is acquired by the project, the land remains the property of the smallholder and there is no disruption to orchard operations.
The laboratory is already working in developing Banana TC protocols.
9 32. Both the drip irrigation and crop storage subprojects are deemed category C in relation to land acquisition as outlined in the subproject feasibility reports, and no further safeguard action required. III.
SUBPROJECT SELECTION AND SAFEGUARD CLASSIFICATION
33. In order to avoid or minimize the potential land acquisition impacts from project activities, only subprojects classified as Category B or C8 will be considered for implementation. ADB’s Safeguard Policy Statement (SPS 2009) applies to involuntary resettlement. ADB SPS 2009 does not apply to voluntary land donation. The important principles in voluntary resettlement are informed consent and power of choice. Informed consent means that the person involved is fully knowledgeable about the project and its implications and consequences and freely agrees to participate. Power of choice means that the person involved has the option to agree or disagree with the land acquisition, without adverse consequences being imposed formally or informally by the state. Power of choice is only possible if project location is not fixed. 34. HHs has the right to refuse any land acquisition or donation, and where a HH does not wish to lose land, an alternative alignment or location will be used where possible. The Project policy will be to exclude any subprojects that result in any major impacts or any significant involuntary land acquisition or physical and economic displacement. If subprojects are otherwise identified but assessed as Category A for safeguard, they will not be financed by the project. 35. Where necessary, the Project will acquire land for the subprojects using negotiated settlement based upon replacement cost, or voluntary donation. The voluntary donation must not exceed 10% of the total lands or assets. In addition to the usual involuntary resettlement/land acquisition screening checklists, an additional checklist has been developed. It is recommended to apply this additional checklist to any subproject involving voluntary donation in order to substantiate its bona fides. Both checklists are provided at Annex 1 of this LARF document. 36. Regarding irrigation improvement, in some communes the land allocation/land use plan has already allowed for canal construction and improvements whereas in others, land in the irrigation benefit area has already been allocated to individual HHs. Field enquiries under project preparation indicated that affected land owners may agree to voluntarily donate small narrow strips of land in order to secure the subproject which will improve water distribution as this will result in: i) increased value of the land due to better irrigation facilities, and, ii) land that has the irrigation canals will receive a more reliable water supply due to proximity and installation of direct farm outlets, iii) better irrigation will result in a higher crop yield, and iv) significantly reduced pumping costs. However, this will be confirmed during detailed engineering design stage, as per project guidelines on voluntary donation. IV.
RATIONALE FOR A RESETTLEMENT FRAMEWORK
37. This LARF sets out the criteria for screening subprojects on their resettlement impacts and provides guidance in preparing LARPs for any subproject that involves involuntary resettlement and/or effects on land, property or livelihood. It defines the objectives, principles, eligibility criteria and entitlements for AHHs based on (i) ADB’s SPS (2009) and (ii) the Royal Government of Cambodia legislation. It describes entitlements and compensation and assistance, participation and consultation procedures and grievance redress mechanisms that will be employed to compensate and support AHHs. It also outlines the procedure to assist AHHs 8
Refer to Section V: Resettlement Planning and Implementation for definitions of safeguard categories.
10 through the process of resettlement in order to enable them to attain an equivalent or better living standard than they had before the project. 38. The government’s relevant regulation and legal framework and ADB’s Involuntary Resettlement Policy, Social Safeguards and related operational manuals define the project’s context for the planning and implementation of land acquisition, resettlement and compensation for affected assets and lost income, including measures for ensuring that AHHs are able to restore their standards of living to at least pre-project levels. 39. If there is any gap or inconsistencies between the government laws, regulations and procedures relating to land acquisition and involuntary resettlement and ADB’s SPS (2009), then they will be filed and addressed as per the SPS 2009 and as agreed in LARF. V. APPLICABLE NATIONAL AND LOCAL LAWS, REGULATIONS, AND POLICIES A.
Government of Cambodia 1.
40. The 1993 Constitution of Cambodia sets two basic principles for land acquisition. The first is Article 44 which states that the “right to confiscate properties from any person shall be exercised only in the public interest as provided by law and shall require fair and just compensation in advance” (Article 44). 41. Articles 73 and 74 of the Constitution provide for special consideration and support to vulnerable people including mothers and children, the disabled and families of combatants who sacrificed their lives for the nation. Indigenous minorities however are not explicitly included in these two articles but included in the Land Law. 2.
2001 Land Law
42. The 2001 Land Law governs land and property rights in Cambodia. Based on the provisions of the 1993 Constitution, it defines the regime of ownership of immovable properties, such as land, trees and fixed structures. The rights and responsibilities of the government with respect to eminent domain are specified in the Land Law. The government can acquire private land for public purposes but has to pay a fair and just compensation in advance of the land acquisition. The Land Law, Article 5, states that “No person may be deprived of his ownership, unless it is in the public interest. An ownership deprivation shall be carried out in accordance with the forms and procedures provided by law and regulations and after the payment of fair and just compensation in advance”. Other provisions of the Land Law that are relevant to land acquisition, compensation and resettlement include: (i)
Article 6: Legal possession as defined by the Law is the sole basis for ownership, and all transfers or changes of rights of ownership shall be carried out in accordance with the required general rules for sale, succession, exchange and gift or by court decision.
Article 7: Any regime of ownership of immovable property prior to 1979 shall not be recognized. iii. Articles 8 and 66: Only persons or legal entities of Khmer nationality are entitled to own land in Cambodia; or to buy or sell land.
Article 15: State public land includes, among other categories, any property a) that has a natural origin, such as forests, courses and banks of navigable and floatable rivers or natural lakes; b) that is made available for public use such as roads, tracks, oxcart ways, pathways, gardens, public parks and reserved land; or, c) that is allocated to render a public service, such as public schools, public hospitals or administrative buildings.
Article 19: Persons that illegally occupy, possess or claim title to State public land cannot claim any compensation. This includes land established by the Government as public rights of way (ROWs) for roads and railways. Moreover, failure to vacate illegally occupied land in a timely manner is subject to fines and/or imprisonment.
Article 26: Ownership of the lands is granted by the State to indigenous communities as collective ownership, including all the rights and protections enjoyed by private owners. The exercise of collective ownership rights are the responsibility of the traditional authorities and decision-making mechanisms of the indigenous community, according to their customs and subject to laws such as the law on environmental protection.
Article 28: No authority outside the community may acquire any rights to immovable properties belonging to an indigenous community.
Article 30: Persons with legally valid possession of land for five years (at the time the law came into effect) are allowed to be registered as the owner of the land.
Article 31: Persons who (at the time the law came into effect) held legal possession but had not yet completed the five years were allowed to remain in possession until they were eligible to be registered as the owner.
Articles 29 and 34: Temporary possession claims made by persons after the law comes into effect will not be recognized, rescinding a previous right under the 1992 Land Law for acquiring land by taking possession.
Articles 50 and 51: Landless people may apply for land for residential and subsistence farming purposes at no cost, as part of a social land concessions scheme. The concessionaire may obtain ownership of this land after fulfilling conditions set out in a separate Sub-Decree on Social Land Concessions.
Articles 80-84: Acquisition of land through gifts is permitted with the following conditions: (a) the gift of immovable property is only effective if it is made in writing and registered with the Cadastral Registry Unit; (b) once accepted, gifts of immovable property are irrevocable; and, (c) the donor may retain the right of usufruct in the property, and the right of use and habitation of an immovable property.
43. The Expropriation Law promulgated on 4 February 2010, provides clear procedures on acquiring private properties for national and public interests. Key articles are:
Article 2: The law has the following purposes: (a) ensure reasonable and just deprivation of a legal right to ownership of private property; (b) ensure payment of reasonable and just prior compensation; (c) serve the public and national interests; and (d) development of public physical infrastructure.
Article 7: Only the State may carry out an expropriation for use in the public and national interests.
Article 8: The State shall accept the purchase of part of the real property left over from an expropriation at a reasonable and just price at the request of the owner of and/or the holder of right in the expropriated real property who is unable to live near the expropriated scheme or to build a residence or conduct any business.
Article 12: An expropriation committee shall be established and headed by a representative from the Ministry of Economy and Finance (MEF) and composed of representatives from relevant ministries and institutions. The organization and functioning of the expropriation committee shall be determined by a sub-decree.
Article 22: An amount of compensation to be paid to the owner of and/or holder of rights in the real property shall be based on the market value of the real property or the alternative value as of the date of the issuance of the Prakas on the expropriation scheme. The market value or the alternative value shall be determined by an independent commission or agent appointed by the expropriation committee.
Other Relevant Laws and Regulations
44. There are also other laws, decrees, sub-decrees, regulations, and guidelines relevant to resettlement under the Project. The Sub-Decree on Social Concessions of March 2003, provides legal basis for allocations of State private land for purposes of the alleviation of landlessness and poverty, including the replacement of land lost in the context of involuntary resettlement. 45. Private ownership of land in Cambodia was re-established in 1989, and confirmed in the 2001 Land Law (Article 4). The present legal status of land use in can be classified as follows: (i)
Privately owned land with title: The owner has official title to the land, and both owner and the Cadastral Administration Office have a copy of the deed.
Privately owned land without title: The owner has made an application for title to land, and is waiting for the issuance of a title deed.
Land use rights certified by the government: In this case, a receipt for long-term land use has been issued. This land use right is recognized by the Cadastral Administration Office.
Lease land: The government or private owners lease the land, usually for a short period. There is provision for the owner to reclaim land if it is needed for development.
Non-legal occupation: The user has no land use rights to state land that he/she occupies or uses. The Cadastral Administration Office does not recognize the use of this land.
46. In addition, Prakas No. 6, entitled “Measures to Crack Down on Anarchic Land Grabbing and Encroachments”, sets ROW. In support of this Prakas, MEF issued Decree No. 961 in April 2000 prohibiting compensation for structures and other assets located in the ROWs. 47. The government approved and issued Sub-Decree No.115 dated 26 May 2016, regarding the upgrading of the Resettlement Department to the General Department of Resettlement (GDR). This is more of a procedural instrument which outlines the roles and responsibilities of the GDR in respect of the preparation and implementation of Land Acquisition and Resettlement Plans and in coordinating the IRC. This is incorporated into this LARF’s implementation procedures. B.
ADB Safeguards Policy Statement
48. The objectives of ADB’s Safeguard Policy Statement (SPS 2009) are: (a) to avoid impacts on people and the environment, where possible; (b) where avoidance is not possible, minimize, mitigate, or compensate for adverse project impacts on the environment and the affected people; and (c) help the executing agency strengthen its safeguard system and monitoring. ADB involuntary resettlement policy includes the following principles: (i)
Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of affected persons, including a gender analysis, specifically related to resettlement impacts and risks.
Improve, or at least restore, the livelihoods of all affected persons through (a) landbased resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (b) prompt replacement of assets with access to assets of equal or higher value; (c) prompt compensation at full replacement cost for assets that cannot be restored; and (d) additional revenues and services through benefit sharing schemes where possible.
Provide physically and economically affected persons with needed assistance, including the following: (a) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (b) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (c) civic infrastructure and community services, as required.
Improve the standards of living of the affected poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.
Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement.
Ensure that affected persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets.
Prepare a resettlement plan elaborating on affected persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.
Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an acceptable place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.
Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s cost and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.
Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.
Monitor and assess resettlement outcomes, their impacts on the standards of living of affected persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.
49. Other relevant ADB policies that are relevant in the preparation of LARPs will include: (i) ADB Policy on Indigenous Peoples as set out in the SPS (2009); (ii) ADB Policy on Gender and Development (2006); and (iii) ADB Public Communications Policy (2011). Under these policies specific regard must be given to the needs of indigenous peoples who may be impacted by the project, gender impacts from the project and details provided as to how these needs and special issues will be addressed and mitigated, as well as stakeholder communication, consultation and project information dissemination. D.
ADB and the Government of Cambodia Policy Differences
50. ADB SPS provides more clarity in regards to significance and extent of impact through its categorization process and is clearer in regards to entitlements for people without formal ownership or rights to use and occupy land than that of the Government of Cambodia (the government). 51. The resettlement policy of the government as determined in the laws and regulations is applied to all projects. However, projects supported by external agencies are governed by the resettlement policies of the donors and the government’s laws and regulations. Where gaps or inconsistencies are noted between the government’s laws, regulations and procedures relating to
15 land acquisition and involuntary resettlement and ADB’s SPS (2009), they will be addressed as agreed in this approved resettlement framework. An overview of ADB resettlement policy application in Cambodia is given in Table 2. 52. In addition to those general aspects, Table 3 list some specific land acquisition, resettlement and compensation issues and project specific policies regarding compensation and resettlement assistance to persons affected by the project. The government accepts the Project’s resettlement component as an initiative for more social safeguards related to the rights of project affected citizens in respect of their livelihoods, possessions and living standards, so that they are not made worse off due to the proposed project. However, non-titled AHHs living in public or state land will not be paid compensation for lost land. If these AHHs are otherwise landless (including land in other places), the AHH shall be entitled to receive a plot of land in a resettlement site at no cost, including basic facilities (i.e. water supply or pumping, electricity connection if available in the area, drainage and sewerage, toilet, etc.). Table 3: General Principles of ADB Land Acquisition and Resettlement Policies ADB Policies ADB Policies Applied in Cambodia ADB’s Involuntary Resettlement Policy is ADB’s Involuntary Resettlement Policy is being applied to all development projects resulting in: applied to ADB financed projects in Cambodia (i) loss of productive assets, including land, together with Cambodia laws and regulations. income and livelihood; (ii) loss of housing, possibly entire community structure, systems, and service; (iii) loss of other assets; and (iv) loss of community resources, habitat, cultural sites, and goods. Involuntary resettlement should be avoided where feasible.
Involuntary resettlement has been avoided as much as possible through consideration of alternative project locations and narrowing irrigation right of way to a designated corridor of impact and realigning the corridor of impact.
Where population displacement is unavoidable, all viable project options should be explored to minimize displacement
Various project options (e.g. bypass road design) have been explored to minimize displacement to as few households as possible.
People unavoidably affected should be compensated and assisted so that their economic and social future would be generally as favorable as it would have been in the absence of the project.
Land-for-land is offered in some cases, though not all AHHs who lost land have been allocated a relocation site. Cash compensation for affected house, trees and other structures and privately owned land. Additional assistance is given to severely and vulnerable affected households. Some rehabilitation assistance will be given for severely AHHs.
Existing social and cultural institutions of resettlers The existing social and economic situations of and their hosts should be supported and used to the the AHHs and their hosts have, in some cases, greatest extent possible, and resettlers should be been supported, but not consistently applied. integrated economically and socially into host communities. The full cost of resettlement and compensation should be included in the presentation of project costs and benefits.
Compensation costs are budgeted in projects funded as part of the counterpart fund.
16 ADB Policies AHHs without titles to land or any recognizable legal rights to land and residing in the project affected area before cut-off date are eligible for resettlement assistance and compensation for loss of non-land assets.
ADB Policies Applied in Cambodia All AHHs without any discrimination whether or not land is owned are eligible for resettlement assistance and compensation for loss of nonland assets. Particular focus on improving the standards of living of the displaced poor and other vulnerable groups, including women.
53. In addition to ADB project precedents, treatment gaps and differences between the Government of Cambodia and ADB land acquisition and resettlement (LAR) policies will be addressed according to the following: Table 4: Addressing Key Policy Differences Key Issues Eligibility for compensation and assistance does not include affected without land title.
State Legislation Illegal occupants are not entitled to compensation due to violation on state land; or if they have constructed without permit or have encroached on demarcated land for right of way.
ADB Policy Those without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. Improve the standards of living of the displaced poor and other vulnerable groups, particularly women
Voluntary Deed of Donation
It is governed by civil code. Not compensated for portion of land donated for the subproject.
Not covered in ADB’s SPS (2009) but project-specific criteria established and accepted is accepted by ADB Best Practice Handbook
Compensation at replacement cost is defined in the 2010 Expropriation Law. Present practice, the compensation rate is determined by the replacement cost study conducted by the independent and qualified experts.
Bank’s policy requires qualified and experience experts who will undertake valuation of acquired assets.
Project Policy All affected households without any discrimination whether or not land is owned are eligible for resettlement assistance and compensation for loss of non-land assets. Particular focus on improving the standards of living of the displaced poor and other vulnerable groups, including women The voluntary Deed of Donation will be covered by the Cambodian civil code but subject to project voluntary donation guidelines. An independent agency specialized in property appraiser will be engaged to conduct replacement cost study during the detailed measurement survey for the project which will be used for compensation.
17 VI. A.
LAND ACQUISITION, RESETTLEMENT AND COMPENSATION POLICY
54. The project’s entitlements, assistance and benefits presented below are governed by the laws and regulations of the government and ADB’s SPS (2009) and take into account the extent of losses incurred by AHHs resulting from acquisition of assets. The objectives of this LARF are to ensure that the following objectives are met: (i) (ii)
(iii) (iv) (v) B.
Adverse social and physical impacts of subprojects are avoided, minimized, and or mitigated; All AHHs are provided with appropriate compensation and assistance for lost assets which will contribute to an improvement of, or at least maintain, their preproject quality of life; Nobody will be disadvantaged because of the project; Improve, or at least restore the livelihoods of severely affected persons;9 and Assistance to vulnerable groups.
Project Policies and Principles
55. In order to achieve the above objectives, the project will adhere to the following resettlement policies and principles:
Involuntary resettlement and impacts on land, structures and other fixed assets will be minimized where possible by exploring all alternative options and identifying the option with the least impact on the population;
No land acquisition or site clearing will be done inside the corridor of impact (COI) in anticipation or ahead of it being considered for implementation under the project. Similarly, no land acquisition or site clearing will be done inside the COI until and after the LARP has been agreed upon by the government and ADB, and until and after all compensation and/or assistance in cash due to the AHs as provided for in this resettlement policy have been delivered;
Compensation will be based on the principle of replacement cost;
All the AHHs without any discrimination confirmed to be residing in, doing business, or cultivating land or having rights over resources within the sub-project affected area or land to be acquired or used for subproject during the conduct of IOL and census of AHHs (prior to the cut-off date10) are entitled to compensation for affected assets, incomes and businesses at replacement cost as specified in the entitlement matrix, and, depending on the severity of impact on their livelihood and income capacity, will be provided with rehabilitation measures to improve or restore their pre-project living standards, income-earning capacity and production levels;
There will be no deductions in compensation payments for land, structures or other
Income Rehabilitation will be designed for relocated AHs and Severely AHs only. But additional assistance will be provided to Vulnerable Groups. 10 For this project, the date of announcement of the subproject and the IOL will serve as the cut-off date.
18 affected assets for salvage value, depreciation, taxes, stamp duties, fees or other transaction costs; (vi)
If ownership over any affected asset is under dispute, the compensation for the same will be held in a court designated bank until its lawful owner is decided by competent legal authorities;
AHHs that lose only part of their physical assets will not be left with a portion that will be inadequate to sustain their current standard of living as determined by AHHs together with project engineers during detailed design. If not adequate to sustain current standard of living, the entire asset will be considered as totally affected and will be acquired by the project;
Affected shop owners, if any, will be assisted in gradually dismantling and setting up their shops in a new location to be agreed with the Provincial Resettlement Subcommittee-Working Group (PRSC-WG) in the residual area of the ROW and in a way that will allow them to gradually phase out their operation in their present location place and gradually begin their operation in their new place within the ROW to be confirmed during detailed design. Under this arrangement, disruption in the operation of shop owners will be minimized, thereby averting severe impact on the AHHs’ livelihood;
Affected households presently cultivating plots inside the ROW will be allowed to continue cultivating the residual area of their cultivated plots in the ROW but outside the impact area/COI. If detailed measurement survey (detailed monitoring system) indicates that the loss of these farmers is equivalent to 10% or more of their total livelihood or income from various sources, an income rehabilitation program will be designed for them;
Temporarily affected land and communal infrastructure will be restored to preproject conditions;
Meaningful consultation will be carried out with AHHs, indigenous households, affected communities and concerned groups to ensure participation throughout the resettlement process, from planning, implementation and operation of the project. Plans for the acquisition of land and other assets will be carried out in consultation with AHHs who will receive prior information of the compensation, relocation and other assistance available to them The comments and suggestions of AHHs and communities will be taken into account;
Any acquisition of, or restriction on access to, resources owned or managed by the AHHs as a common property, e.g., communal forest, communal farm, will be mitigated by arrangements that will ensure access of those AHHs to equivalent resources on a continuing basis;
There shall be an effective mechanism for hearing and resolving project-related grievances during the planning, updating and implementation of the RP;
The approved LARF and LARP will be disclosed to AHHs and indigenous households in a form and language(s) understandable to them prior to submission to ADB;
Resettlement identification, planning and management will ensure that gender concerns are incorporated;
Provide all AHHs requiring relocation with required support including assistance and allowances, secure tenure to the relocated land, and improve living conditions at resettlement sites;
Special measures will be incorporated in the LARF/LARP to protect socially and economically vulnerable groups; Appropriate assistance will be provided to help AHs belonging to any of these vulnerable groups improve their socio-economic status;
(xviii) Existing cultural and religious practices will be respected and, to the maximum extent possible, preserved; (xx) Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out at various stages of the project;
Adequate resources will be identified and provided during the preparation of the subproject LARPs, including sufficient budgetary support in a timely manner to cover resettlement costs within the agreed implementation period; and adequate human resources for supervision, liaison and monitoring of land acquisition, resettlement and rehabilitation activities; and
Civil works will not take place for any segment of the subproject, until (a) compensation has been fully paid to AHHs; (b) agreed rehabilitation measures are in place; and (c) the acquired land is free from all encumbrances. Civil works contractors will not be issued notice of site possession for any section or segment until these conditions are fulfilled. The schedule of the start of civil works in any section or segment of the Project will be coordinated and planned with the GDRIRC.
Principles for Affected Property Valuation
56. All compensation will be based on the principle of replacement cost. Replacement cost is the amount calculated before displacement, which is needed to replace an affected asset without deduction for depreciation, taxes and/or costs of transaction as follows: (i)
Productive Land (agricultural and aquaculture) based on actual current market prices that reflect recent land sales in the area, or, in the absence of such recent sales, based on recent sales in comparable locations with comparable attributes, fees and taxes or in the absence of such sales, based on productive value.
Residential land based on current market prices, which reflect recent land sales at the time of conducting the replacement cost study (RCS), or, in the absence of such recent land sales, based on prices of recent sales in comparable locations with comparable attributes and fees and taxes for land.
Houses and other related structures based on actual current market prices of materials and labor without depreciation or deduction for salvaged building materials.
Annual crops equivalent to current market value of crops as per agreed RCS.
57. The overall objective of the project resettlement policy is to ensure that all people affected by the subprojects are able to maintain and, preferably, improve their pre-project living standards and income-earning capacity by providing compensation for the loss of physical and non-physical assets and, as required, other assistance and rehabilitation measures to re-establish affected livelihood. 58. For the proposed project and in support of the aforementioned objectives, the LARP major principles include but are not limited to:
Land Requirements and Acquisition
59. Acquisition of land and other assets, and resettlement of people will be avoided or minimized as much as possible by identifying possible alternative design and engineering options for subprojects. 60. There should be no land acquisition or site clearing along the corridor of impact in anticipation of a subproject. 61. No demolition of assets and/or entry to properties will be done until the AH is fully compensated and relocated. 2.
62. All the AHHs identified in the project-impacted areas on the cut-off date (as validated and confirmed during the DMS) will be entitled to compensation and/or assistance for their affected assets as described in the section below. Those who encroach into the project area and build any new structure after the cut-off date will not be entitled to compensation or any other assistance. 3.
63. The ADB SPS on involuntary resettlement does not apply to negotiated settlements unless expropriation would result in the failure of negotiations. This LARF recognizes the consultation processes, policies, and laws of the government that are applicable to such transactions. 64. A negotiated settlement will offer adequate and fair price for land and/or other assets (refer to Annex 7 for Negotiated Settlement Agreement form). The borrower/client will engage an independent external monitoring agency (EMA) to monitor the negotiation and settlement processes in order to ensure that any negotiations are open and fair. 4. Voluntary Land Contributions 65. Voluntary donation is usually restricted to non-productive land. Donation of productive land is only acceptable in special cases where minor losses are vastly outweighed by direct benefits to the AHHs. Voluntary land acquisition for CFAVCP can be applied following the principles in the tables below. The voluntary land contributions donation forms, signed and witnessed, will be
21 appended to the subproject’s Land Voluntary Donation Due Diligence Verification Report. It is recommended that the following principles be applied when considering voluntary donations: Table 5: Criteria and Principles on Voluntary Donation of Non Productive Land Criteria The impacts are marginal (based on percentage of loss and minimum size of remaining assets) Impacts do not result in displacement of households or cause severe loss of household’s incomes and livelihood The households making voluntary donations are direct beneficiaries of the project Land donated is free from any dispute on ownership or any other encumbrances Consultations with the affected households is conducted in a free and transparent manner
Land transactions are supported by transfer of titles Proper documentation of consultation meetings, grievances and actions taken to address such grievances is maintained
Guidance Notes • The land and assets donated does not exceed :10% of the total land and assets owned by the affected household • Donation of residential land will only be accepted if the total land owned by the household is not less than 300 m2 • Only secondary structures are affected; there is no physical relocation of household due to the project and land donation. • The affected household does not fall under the category of vulnerable. • Both positive and negative impacts of the project on the affected household are considered. • The affected household can identify the project’s direct benefits to them. • The affected household has recognized legal tenure. • The land is not being occupied and/or used by any other party. • The land is not in dispute for its ownership. • The affected household should be informed that they have the right to receive compensation for their land and the equivalent amount of compensation for the land they wish to donate. • The affected household receives clear and adequate information on the project, and participates in the project planning. • Provisions on voluntary donation are integrated into the decision making process at community level. • Official land ownership document is updated. • Agreement is properly documented with signatures of affected person, [name of the borrower/client] and witnesses. • Consultation meetings, grievances and actions taken to address such grievances are properly recorded.
Table 6: Criteria and Principles on Voluntary Donation of Productive Land 1. 2.
Criteria Was the subproject site is selected in full consultation with landowners and any non-titled affected people Do voluntary donations significantly affect the living standards of affected people and the amount of agricultural or other productive land to be acquired from each AH: The land and assets donated does not exceed: 10% of total land and assets owned by the affected household. Voluntary donations are linked directly to significant benefits for the AH;
All voluntary donations will be confirmed through written record and verified by an independent third party such as the external monitoring organization; Is there is an adequate grievance process The voluntary donations will not cause any involuntary resettlement of formal or informal land users, squatters or encroachers of the land No AH is vulnerable.
66. In respect of voluntary donation, due diligence will commence with full public disclosure undertaken to ensure that land owners are fully aware of project policies regarding LARF, resettlement planning procedures as well as the project grievance procedure. Due diligence will require meetings with AHHs to ensure that they understand their rights; that they agree to voluntarily donate the land and are eligible to donate as per the project principles, and their decisions have been made free from any coercion. Voluntary donation forms will be signed by these HHs and witnessed by village and commune officials. All land acquisition actions under the project, and particularly under donation, and any land for land exchanges will be subject to verification by ADB mission. Verification will cover an adequate representative random sample11 of the AHHs who voluntary donated the land. Depending upon the scale of each subproject, this verification may be done internally. Each subproject, LARP will specify the need for EMO and will include a draft terms of reference for the EMO. VII. RESETTLEMENT PLANNING AND IMPLEMENTATION A.
67. It is envisaged that only irrigation rehabilitation and access road improvement subprojects will involve any land acquisition. As mentioned only category B and C subprojects will be accepted for implementation. Initial subproject screening must be undertaken as early as possible during the identification and scoping process, and then further refined as the subproject is better defined and engineering designs become available, using the screening checklists provided at Annex 1, and the subproject categorization as either: (i) Category A. A proposed subproject is likely to have significant involuntary resettlement impacts, 200 or more persons will be physically displaced from home, 200 or more persons lose 10% or more of their productive or income generating assets, or 200 or more persons experience a combination of both. (ii) Category B. A proposed subproject includes involuntary resettlement impacts that are not deemed significant. (iii) Category C. A proposed subproject has no involuntary resettlement impact. 68. The screening checklists should be attached to the LARP where involuntary resettlement is concerned, and to the Due Diligence Verification Report if concerning voluntary donations of land. The information required under the Due Diligence Verification report is detailed further in the following sections below.
The number of households covered by the verification may rise or fall, depending on the total number of affected households who donated. The often "acceptable" margin of error used by survey researchers falls between +/- 4% and 8% at the 95% confidence level. The 95% confidence level means that there is a 95% chance that the difference is real and not just a quirk of the sampling. If we repeated the study 100 times, 95 of the samples drawn would yield similar results. Websites that can be used to calculate the required sample size for a population (N), include http://www.raosoft.com/samplesize.html, http://www.calculator.net/sample-size-calculator.html
69. Where the feasibility study identifies land acquisition and resettlement issues in accordance with a category B assessment, a LARP is prepared based on initial surveys and the policy requirements in the approved LARF. A LARP shall be prepared for each affected subproject and shall follow the table of content as outlined in ADB’s SPS (2009): (i) Executive Summary (ii) Project Description (iii) Scope of Land Acquisition and Resettlement (iv) Socioeconomic Information and Profile (v) Information Disclosure, Consultation, and Participation (vi) Complaints and Grievance Redress Mechanisms (vii) Legal and Policy Framework (viii) Entitlements, Assistance and Benefits (ix) Relocation of Housing and Settlements (x) Income Restoration and Rehabilitation (xi) Resettlement Budget and Financing Plan (xii) Institutional Arrangements (xiii) Implementation Schedule (xiv) Monitoring and Reporting 70. More details of the information required under each section of the LARP are found in Annex 6 of this document. 71. The LARP will be prepared by GDR and submitted to IRC for review and approval before it will be submitted to ADB for approval. The LARP shall be prepared based on the DMS, replacement cost study (RCS) in accordance with the approved LARF. The final LARP will be implemented after approval, and civil works can take place when (a) compensation has been fully paid to AHHs; (b) agreed rehabilitation measures are in place; and (c) the acquired land is free from all encumbrances. C.
Infrastructure Planning and Design
72. The engineers will prepare initial layouts for proposed rehabilitation of existing and/or construction of new infrastructure. These will be the basis for the technical and physical planning of rehabilitation and construction works under the proposed subproject. During the preparation of such design options, feedback during site visits can be collected from residents of the subproject’s villages. These pre-feasibility designs have to be reviewed for potential land acquisition and resettlement impacts of the proposed subproject scope. The subproject physical design at feasibility level can then be refined to avoid or minimize, as far as possible, the resettlement impacts and effects of the proposed subproject’s rehabilitated or new infrastructure. 73. At this preliminary stage and for the purpose of estimating the cost of land acquisition if required, the project engineer and safeguard consultants will meet with commune registrars to review details of recent land sales transactions in the area to determine current land values in the corridor of impact. D.
Initial Consultation with Potentially Affected Households
74. Initial consultations with the community during identification and scoping serve a number of purposes which include providing communities in the subproject area information about the
24 project and subproject, regarding its overall objectives and goals, and also informs them of how their participation will be sought during the design stage in order to incorporate their interests and design preferences. Where the subproject will proceed to feasibility it is necessary to inform them of the process that will be followed in the preparation of the subproject, including objectives and steps for the resettlement surveys. At feasibility study, preliminary engineering designs have been prepared which indicate the scope of land acquisition and those HHs likely to be affected. 75. Once the preliminary engineering designs are available, potential impacts on land and other assets, and the project resettlement policy include surveys and studies required, will be brought up for discussion in a meeting with the community. It is then necessary to conduct additional specific meetings with relevant AHHs whose land would be affected by the proposed rehabilitation or construction. The GDR’s staff will assist project engineers to disseminate and discuss preliminary engineering designs with the community and particularly with AHHs. The GDR’s staff will lead discussions on the potential land acquisition and involuntary resettlement impacts and mitigation measures. The meetings will seek to clarify: (i) the justification of the proposed subproject rehabilitation or construction works considering the anticipated resettlement impacts; (ii) mitigation measures to restore the AHHs’ livelihoods and standard of living; and (iii) assistance from the community or the district administration to plan, agree and implement the mitigation and support measures for AHHs. The consultations should also cover the communes’ and villages’ views on measures to mitigate the anticipated impacts including compensation, current land values, design alternatives to reduce impacts should be discussed at this time. The AHHs should also be advised of the data collection process that will take place in preparation of the LARP, such as the socio-economic survey and particularly the detailed measurement survey once detailed design is available. More details on consultation are provided in Section IX – Consultation, Participation and Disclosure. E.
Inventory of Losses
76. Potential impacts of subprojects are initially estimated through an inventory of losses (IOL) survey based on the preliminary design, and a census of all households potentially directly or indirectly affected by permanent acquisition of fixed assets. These surveys are based upon the preliminary design and are conducted in parallel with the LARP’s socio-economic survey. The IOL collects both quantitative and qualitative data and information on compensation and resettlement, based on visual assessment and information collected from the community and potential AHHs. 77. The IOL covers all fixed assets (i.e. land used for residence, commerce, agriculture including ponds; dwelling units; stalls and shops; miscellaneous structures such as fences, tombs, and wells; trees with commercial value; crops; etc.), which are located in the subproject construction area (e.g. the corridor of impact (COI) for irrigation subprojects). These will be identified, tagged, measured and their owners identified. The severity of impact on the affected assets and the severity of impact to the livelihood and productive capacity of persons affected by such losses will also be determined. Information on the AHHs, such as sources of livelihood, income level, and ownership of productive assets will also be gathered as part of the IOL. 78. The announcement of the subproject and the IOL will also signify the cut-off-date for eligibility for any land acquisition compensation and assistance under the project. AHHs will be informed of the cut-off-date in prior consultations and information will be included in materials disclosed. The IOL is to be conducted by the feasibility study consultant in collaboration with staff of the provincial department of agriculture and of water resources and meteorology (PDAFFs and PDWRAMs) and local authorities with support of village chiefs. The consultants will need to provide prior training to the line agency staff.
79. The IOL undertaken at feasibility study stage of subproject preparation will be updated based on the DMS once the detailed engineering designs have been finalized and approved. F.
Socioeconomic Survey of Potential AHHs
80. Socioeconomic information of potential AHHs will be obtained through a socio economic survey (SES) and an example of an AHH SES and impact survey form is attached at Annex 4 to this document. The SES will serve as a referenced baseline of AHH’s living conditions and will form part of the monitoring and evaluation data that will assess the extent to which the measures in the LARPs are effective in mitigating land acquisition and resettlement impacts. The SES at feasibility study will be conducted by the project feasibility consultants in cooperation with staff of PDAFF and PDWRAM and local authorities with support of village chiefs. 81. The SES shall be conducted in parallel with the IOL survey so that the IOL and survey of potentially AHHs will constitute the social assessment and the SES will include gender and ethnic disaggregated data. The SES provides the baseline data and information on the affected HHs and benefitting villages of subprojects. The following data to be collected: (i)
Data on AHHs (a) demographic (household composition by age, gender, relationship, ethnicity, education levels); (b) social (corporate groups such as family, lineage, clan, community, and noncorporate such as caste, class, ethnic, religious groups); (c) income and assets (individual, corporate, or collective incomes as well as ownership of land, livestock, fishing boats, shops, wood lots, among households) as well as expenditures; (d) occupation (farmers, teachers, shopkeepers, artisans, laborers, transporters, students, spiritual leaders, etc.); (f) access to public services (health care, water supply and sanitation, education, transport, etc.); (g) gender roles and issues; and (h) attitudes and preferences on resettlement.
Data on land and area (a) Map of the area and villages affected by land acquisition; (b) Total land area acquired for the proposed project; (c) Land type and land use; (d) Ownership, tenure and land-use patterns; (e) Land acquisition procedures and compensation; (f) Existing civic facilities and infrastructures; and (g) Cultural systems and sites.
82. The LARP related SES covers all potential AHHs and establishes baselines to be used in LARP implementation monitoring. This is separate from the overall project socio economic survey that establishes project wide baselines from all beneficiaries. G.
Reporting Due Diligence at Feasibility Study stage
26 83. Safeguards due diligence is required and must be reported on for all subprojects beginning at feasibility study stage. Due diligence will be demonstrated through the provision of details of all community consultations in the feasibility report regarding; (i) (ii) (iii) (iv) (v) (vi) (vii)
Community consultation meetings at which the subproject concept, impacts and design are presented and discussed with the community; Details of number of households represented by men and women attending the meeting must be shown; Details of comments and feedback from these participatory meetings are to be reported; Meeting with community to identify AHH; Number of men and women who agree and those who disagree must be recorded, and where possible, the reasons for disagreement should be shown Participatory Inventory of losses undertaken; Details of all meetings to present and discuss the preliminary design must similarly be recorded along with numbers of men and women participating, agreeing and or disagreeing with the preliminary design; and In all meetings list of participants disaggregated by sex and indicating agreement or disagreement with project concept and preliminary design. If there are any objections that cannot be reconciled through design revisions, the subproject is dropped.
84. For Category C (no IR impacts) subprojects where no LARP is required, a due diligence report will be prepared and included as part of the feasibility study documents. A suggested outline for the Due Diligence Report is provided at Annex 2. A LARP must be prepared for all subprojects with IR impacts. The LARP will be included as part of the feasibility study documents. H.
Detailed Design and Preparation of LARP
85. Engineering designs are finalized and accepted. The items to be summarized and the essential elements and objectives, policies and strategies as prepared in the feasibility study remain the same, but at this stage the LARP is prepared based on the detailed engineering design and DMS and RCS. The DMS is only possible when the detailed designs have been finalized and the extent of land to be acquired accurately defined. The outline of this LARP remains the same. The finalized detailed design must be presented to, and discussed with, the community and particularly with AHHs. 86. Tender Design. The subproject’s LARP will be prepared and finalized based on the approved LARF, DMS and the RCS after the completion and approval of the detailed design for each subproject. A final review of design adjustments will take place to incorporate possible modifications in the engineering and design and also last adjustments in land requirements and acquisition. The DMS will be conducted only after the approval of the final detailed design for each subproject. 87. Consultation with AHHs. Before the commencement of the DMS, consultations with AHHs shall take place. The RCS shall also be conducted during the DMS. The working group (WG) under the lead of IRC will conduct negotiations with each AHH to reach agreement on compensation, relocation, and livelihood improvement program that are in accordance with this LARP and make contract with each AHH.
27 88. Detailed Measurement Survey (DMS). The DMS can be carried out upon completion and approval of the detailed engineering design, as it is this detailed plan which is used as the basis for detailed topographical surveys and will indicate actual canal or route or infrastructure alignment, location and positioning. It is only at this stage that AHHs can accurately measure the land that will be acquired and therefore compensated. Depending on the availability of data and information of the infrastructure, the IRC-working group together with the PRSC-working group can carry out the DMS under the lead of the IRC. The DMS requires a physical measuring of land areas being acquitted or donated, as well as a physical count and inventory of any income producing assets that will be acquired and need to be compensated. The project Management Unit (PMU) will help coordinate this task with the detailed design and project implementation support consultant. The internal monitoring will be conducted by GDR. 89. The DMS will collect additional data to verify the details on affected people and relevant information, which are presented in the final LARPs. The DMS will survey 100% of AHHs and collect data required to verify the details of AHHs for finalizing the LARP, including details on: (i) (ii) (iii) (iv) (v) (vi) (vii)
Land ownership; Total landholdings and tenure; Land, structures and other assets entirely or partially affected by land acquisition for the subproject; Types and conditions of affected structural buildings; Number and types of trees and crops; Income losses and proportion of total productive income lost; and Category of affected people i.e. nature of assistance to which APs are entitled.
90. The LARP will include the cost estimates of compensation and other activities resulting from livelihood rehabilitation or relocation. The final LARP will be prepared by GRD and submitted to IRC for review and approval before submitting to ADB for review and approval. Land acquisition, construction, compensation and relocation of AHHs cannot begin before the approval of the final LARP by IRC and ADB. Annex 5 contains an example of the forms used to record AHH data under the DMS. 91. Replacement Cost Study (RCS). Replacement cost refers to the amount in cash or in kind needed to replace an asset in its existing condition, without deduction of transaction costs, depreciation, or for any material salvaged, at current market prices, or its nearest equivalent. Based on the government regulations, the IRC will recruit a professional appraiser or firm to conduct an RCS in the subproject areas during the DMS in order to determine replacement cost unit rates for (i) agricultural, residential and commercial land; (ii) different types of affected structures; and (iii) crops and trees. The RCS in the subproject areas is valid for 2 years and will be updated 2 years after the completion of DMS if the compensation and/or assistance are not provided to the AHH. The RCS results will be the basis for estimating resettlement costs. 92. Compensation Amounts Calculated. A sample of the forms prepared based upon the DMS and RCS that are used to calculate all compensation and LARP implementation costs are provided at Annex 6 to this document. The amount of compensation agreed to with each AHH is detailed on these forms. The forms are also used in monitoring of LARP implementation. Annex 7 provides a standard form for use in Negotiated Settlements where asset owners indicate agreement with the assets being acquired and compensated by the Project, the unit rates and total amount of compensation to be received.
Further Consultations after Detailed Design
93. Details of all meetings held with the community to discuss the detailed design will be reported in the LARP. The details must include as a minimum: (i) (ii) (iii) (iv) (v)
Record of the households attending with names of husband and wife and record of agreement or disagreement with the detailed design; Record details of issues, changes required to engineering designs, other suggestions; Conduct participatory cost replacement study; Details of any complaints received through the grievance redress procedures; If no objections or complaints, the detailed design is used to conduct a detailed measurement study – this identifies the specific household and how much land is required from the AHH; and The LARP will include as annex the list of AHH who tentative agreed to Voluntary Donation and those who didn’t to get an indication of scope IR impacts and costs. VIII.
LARP IMPLEMENTATION PROCESS
94. The implementation of the approved LARP will involve the tasks outlined below. The subproject construction work cannot start until the compensation and other assistance are provided to the AHH. 95. Compensation Payment. After signing contract with AP, the Provincial Department of Economy and Finance (PDEF) through PSRC will request compensation budget. Then, IRC working group in coordination with PRSC working group will make compensation payments to AHHs. If required based on the scope and severity of impact, an external monitor to be recruited by IRC will observe this activity. 96. Relocation. Under the CFAVCP relocation of potential AHHs is not anticipated. As per SP selection criteria to be used throughout project implementation, any subproject requiring physical displacement of an AHH will not be accepted. 97. Livelihood Rehabilitation. Although not envisaged under CFAVCP due to limited and insignificant impacts and subproject selection criteria, where necessary, livelihood rehabilitation for all severely AHHs will be implemented by a consulting firm/NGO to be recruited by IRC as part of LARP implementation. Livelihood rehabilitation activities and or support are identified through a participatory process with each AHH to identify their livelihood rehabilitation needs and capacities. This consultation can take place during the conducting of the SES and DMS. Identifying appropriate livelihood rehabilitation support will also require discussions with local government as well as private and public agencies with existing programs that may be tapped as part of the IRP. It is important that both husband and wife are part of this participatory consultation, and following individual AHH consultations, a meeting of all AHHs should be called to discuss the findings and needs for the livelihood rehabilitation support. Some livelihood rehabilitation activities may carry over until subproject implementation but any required income rehabilitation measures must already be in place prior to commencement of civil works for the sub-project. IX. CONSULTATION, PARTICIPATION AND DISCLOSURE 98. Public consultation, participation and disclosure activities form a continuous process during the feasibility study, implementation and operation phases. A public information booklet
29 (PIB)12 will be prepared and disclosed to the AHH during public consultation before DMS. The consultation activities will ensure that: i) ii)
iii) iv) v)
Consultation takes place early and happens continuously throughout the duration of the project in order to ensure that APs are fully informed; Information is relevant and disclosed in a timely manner. Such information should cover the (a) nature of the project; (b) the scope of and reason for land acquisition; (c) the resettlement objectives and entitlement matrix (detailed provisions to be negotiated); (d) the choices available regarding the future; (e) the right of the displaced to participate in resettlement planning and implementation; and (f) the grievance mechanisms to be put in place; There should be no intimidation or coercion of APs; Consultation should be gender-inclusive and tailored to the needs of the disadvantaged and vulnerable; and All relevant views should be considered in the decision making process.
99. Principles to Apply. Public consultation is an approach for managing dialogue between the project proponent and the public and is undertaken to improve decision-making and understanding through active involvement of affected individuals and groups. Community consultation largely focuses on the different activities involved in resettlement planning. It includes, but is not limited to: i) ii) iii) iv)
project information; AHH entitlements; grievance process; and project implementation schedule.
100. Consultation promotes the involvement of affected households in project planning and implementation. Community consultation should include the following main features: i) ii) iii)
Access to information: adequately and timely access to subproject information for all; Accountability: relevant committees and WGs should be procedurally and regularly answerable to villagers being affected; Conflict management: conflicting interests between different groups of stakeholders require a mediating and facilitating component within the consultation strategy; and Transparency: all subproject activities to be publicly visible including the decisionmakings.
101. People affected through land acquisition and/or construction work by the subproject have to be involved in resettlement and compensation planning through consultation at village and household levels during the preparation of the LARPs. Consultation regarding potential mitigation measures for resettlement requirements the during study and implementation phases increases the chances for a collaborative understanding between involved governmental staff and villagers.
The Public Information Brochure must be written in Khmer and contains the following brief information: (i) Project background, specifically about civil works to be done; (ii) results of the IOL/DMS; (iii) entitlements due to the AHHs; (iv) bases for computing compensation for affected assets;(v) schedule of delivery of entitlements, and schedule of displacement; (vi) grievance redress mechanism; and (vii) contact persons at PIU/PMU.
30 102. Public consultation will focus on (i) project benefits and impacts; (ii) scope of land acquisition, and land purchase (DMS); (iii) compensation policy; (iv) entitlement matrix, relocation and compensation schedule; (vi) livelihood restoration if applicable; and (v) grievance process. The following table provides details of the consultation activities needed. Table 7: Consultation Activities Project Process Preparation - Pre and Feasibility
Participatory Activities/Participants Briefing of the provincial, district, commune, and village officials; and stakeholders about the Project, the resettlement policy, and the activities of the consultants Conduct of inventory of losses (IOL), preliminary inventory of affected persons, social impact assessment, and replacement cost study (RCS) Discussion with GRD Ministry of Economy and Finance (RD/MEF) and Project Coordination and Monitoring Unit (PCMU)/PIUs about the proposed Project resettlement policy Initial disclosure meeting with affected households to discuss the results of the IOL and gather suggestions on how to minimize and mitigate impacts, and discuss about relocation options. Drafting of the resettlement plan and project information brochure and submission to IRC and ADB for review and approval Distribution of information leaflets to affected households, posting of summary resettlement plan at district and sub-district local government offices
Updating and Implementation Drafting/Finalization of Set-up Inter-Ministerial Resettlement technical design committee Detail Measurement Survey (DMS), updating unit costs (as necessary) Second disclosure meeting/consultation with affected households to discuss results of DMS and discuss the resettlement policy, entitlements and relocation options Updating/revision of the resettlement plan and project information leaflet Submission of updated resettlement plan and project information leaflet to IRC for approval and endorsement to ADB and web site disclosure. Following ADB approval distribution of the updated information leaflets to the affected households and posting of summary updated resettlement plan at district and commune offices public notice boards. Implementation of Updated resettlement
Responsible Institution GDR– IRC, PRSC, Project Implementation Unit (PIU) and Consultants GRD – IRC, PRSC, PIU and Consultants, assisted by commune/village officials, professional appraiser PCMU, PIU, Consultants
GDR, PSRC, PIU and Consultants, assisted by commune/village officials,
GDR, IRC, PSRC, PIU and Consultants
MEF, PDEF, PGov, IA IRC-WG and PRSC-WG IRC-WG and PRSC-WG
IRC-WG and PRSC-WG
GDR –IRC-WG, PRSC-WG
31 Project Process
Participatory Activities/Participants plan Monitoring of resettlement plan implementation
Responsible Institution and PIU GDR (internal) and external monitoring agency (EMA) if required
103. Entitlements are related to the subproject resettlement principles, policies on compensation and other criteria. Compensation to be paid for affected assets will be based on the principle of replacement cost, which is the amount needed to replace an affected asset without depreciation and deduction for taxes and/or costs of transaction before displacement. The Entitlement Matrix is presented in Table 8 below. 104. The entitlements are applied against the inventory of losses as updated through the DMS. Unit rates are applied to land and other asset losses and an overall compensation figure per AHH is calculated. Annex 5 details the summary forms used to calculate the total compensation. 105. These calculations are discussed with each AHH and the APs sign a summary of their compensation amount. Table 8: Entitlement Matrix No. 1 1.1
Type of Eligible Persons Entitlement Loss/Impact Loss of Productive Land (agriculture, fishponds, etc.) Marginal loss Legal owners with Cash \compensation (i.e. land lost is legal or legalizable at replacement cost less than 10% and / recognized right; for the lost land the un-affected and those covered by portion is still customary rights economically Viable for use or meets the expected yield Non-legal users. 1) No cash assistance for loss of land, and 2) Cash compensation at replacement cost for nonland affected assets
Severe loss (i.e. lose 10% or more the total productive Assets ).
Legal owners with legal or legalizable /recognized right; and those covered by customary rights.
1) Cash compensation at replacement cost for the affected land, 2) Entitled to take part in the income rehabilitation program.
1) No cash assistance for loss of land. 2) Cash compensation at replacement cost for non-
1)-This loss will be confirmed and concurred with by the AH during the DMS 2)-AHHs will be notified 3 months in advance of the actual date that the land will be acquired by the subproject, and 3)-AHHs will keep the land vacated within one month after receiving compensation 4) AHHs will be allowed to harvest their annual and perennial crops and timber products prior to construction 1) This loss will be confirmed and concurred with by the AHH during the DMS. 2) AHHs will be notified 3 months in advance of the actual date that the land will be acquired by the subproject. 3) AHHs will keep the land vacated within one month after receiving compensation.
32 land affected assets. 2) Entitled to take part in the income restoration program. 2
Residential/Commercial Land Severely Affected Legal Owners and subprojects with those with recognized severe impacts will user/occupier rights not be accepted With sufficient remaining land to rebuild house/structures:
Without sufficient remaining land to rebuild house/structures:
4) AHHs will be allowed to harvest their annual and perennial crops and timber products prior to construction.
i) Cash compensation at replacement cost at current market prices for land of similar type and category; and (ii) Contractor to improve remaining residential land at no cost to APs (e.g., land filling and levelling) so APs can rebuild on remaining land. (i) replacement land equal in area, type and category and with registered title or secure tenure; OR (ii) cash compensation at replacement cost if the area of remaining land is not viable to rebuild, APs may request that the project acquires the entire land holding. All transaction fees, taxes and other costs associated with the allocation of replacement land and/or issuance of title or secure tenure will be paid by the project. If the head of household is married, the title will be issued in the names of both spouses.
Users with temporary or APs that hold a lease for lease rights use of construction or other non-agricultural land will receive compensation for affected assets and be assisted in finding new lease. Non legal occupiers Non-legal APs will not receive compensation for affected land. However, if they have no other residential land holdings, they will be allocated replacement land
Subproject selection criteria will not accept any subproject that has severe impact and no physical dislocation or actual resettlement accepted. The loss of residential land will be governed by those same principles covering voluntary donation of nonproductive land.
33 with leasehold tenure to rebuild their house. 2.1
Marginal Loss (i.e. land is still economically viable for use or meets the expected personal yield).
Legal owners with legal or legalizable / recognized right; and those covered by customary rights. Non-legal users.
Cash compensation at replacement cost.
No cash assistance or compensation for land, except affected properties on the land.
Loss of Structures (house, house-cum-store; shops) Marginal impact Owners of the 1) Cash (i.e. unaffected structures with or compensation at portion of the without acceptable replacement cost for structure is still viable proof of ownership the affected portion for use and no over the land; with with no deduction for relocation or without building depreciation, taxes required). permit. or salvageable materials
Severe impact (i.e. entire main structure is affected or the unaffected portion is no longer viable for continued use. The entire structure to be acquired).
Owners of the structures with or without acceptable proof of ownership over the land; with over the land; with or without building permit
1) Cash compensation at replacement cost for the entire structure with no deduction for depreciation, taxes or salvageable materials. AHs will also receive assistance as outlined in Section 8 of this entitlement matrix.
1) This loss will be confirmed and concurred with by the AH during the DMS, 2) AH will be notified 3 month in advance of the actual date that the land will be acquired by the subproject, and 3) AHs will keep the land vacated within one month after receiving compensation. 1) To be confirmed and concurred with AH during the DMS, and 2) AHs will remove their structures from the subproject areas within one month after receiving compensation. - 3) AHs to get cash compensation at least one month ahead of civil works in the locality to provide them sufficient time to gradually re-organize the house and/or shop, thereby avoiding any disruption in the livelihood of the same. 1) AH will be notified 3 month in advance of the actual date that the land will be acquired by the subproject 2) AH will remove their structures from the subproject areas within one month after receiving compensation. - AHs to get cash compensation at least one month ahead of civil works in the locality to provide them sufficient time to gradually re-organize the house and/or shop, thereby avoiding any disruption in the livelihood of the same.
34 4 4.1
Secondary Structures (kitchen, latrine, etc.) Loss of or damage Owners of the Cash compensation to assets. structures with or at replacement cost without acceptable for the affected proof of ownership portion of structure, over the land; with if it remains usable or without building after repair. permit. Cash compensation at replacement cost for the entire structure if it is no longer usable after reparation or difficult to be repaired. Loss of Productive Trees and Crops Fruit trees Owners regardless of Compensation for tenure status. affected fruit/nut trees at full replacement cost, which shall be based on average annual value of the product multiplied by five years. Standing crops Compensation for annual crops at replacement cost, which shall be based on the locally prevailing current market prices for the product, if the annual crops cannot be cultivated as usual.
1) To be confirmed and concurred with AH during the DMS, and 2) AHs will remove their structures from the subproject areas within one month after receiving compensation. 3) AH will be notified 1 month in advance of the actual date that the land will be acquired by the subproject.
1) Advance notice to harvest at least three months before civil work, and 2) AHs will remove their crops and trees from the subproject areas within one month after receiving compensation. 3) AH will be notified 3 months in advance of the actual date that the land will be acquired by the subproject.
The Project shall reestablish a plantation at a new site, where applicable, and provide additional compensation to cover the cost of weeding and other plantation maintenance activities or compensation for affected trees at full replacement cost.
Standing timber/industrial trees
Public and Common Property, Structures, Facilities Loss of or Affected damage communities or 1) Replacement by to assets concerned government similar structures and
Communities to be notified at least 3 months in advance before the start
35 agencies who own the assets.
quality at the area of civil works in the area. identified in consultation with affected communities and relevant authorities. Loss of Livelihood / Income due to Loss of Productive or commercial Land Livelihood rehabilitation;
Loss of 10% or
AH allowed to harvest crops prior to construction
Participate in income Rehabilitation Program such as agricultural enhancement program and agricultural training program. Loss of Livelihood/Income due to Disruption of Business Loss of income/ i) Unregistered Shop One time assistance of livelihood due to Owners or shop $50 per HH. disruption of renter (regardless business or of tenure status) employment and employees/ 1) Cash compensation (marginal laborers of affected equivalent to the daily net impacts) assets income (as reflected in ii) Registered Shop tax receipts multiplied by Owners or shop the days of business renter (regardless disruption if it cannot be of tenure status) shifted to the adjacent and employees/ area or shifted to the laborers of affected remaining area. assets. 2) For employees, laborers Assistance in finding new jobs with equivalent wages are provided in the project area during construction. more of total productive assets (Severely affected)
7a 7.2 .
All AHs severely affected by loss of productive or commercial land regardless of tenure status.
This loss will be confirmed and concurred by the AH during the DMS.
Vulnerable Cash Assistance Any loss or Vulnerable AHs impact on vulnerable AHs
Impacts on structure/shop that require relocation (Transportation Allowances) Shop and stall AHs whose shop or Transport Allowance AHs and tenants will be made of light and stall will be = $5-10 informed in 3 months in temporary relocated or advance of the actual date materials tenants who will relocation. require relocation. relocate to new area
The vulnerable AHHs will 1) One-time cash be confirmed during the assistance of $100 per DMS. vulnerable AHH, 3) Priority for employment in the project construction works.
Shops and houses must be moved to adjacent area Shops and houses must be moved within area in the same village Shop and house must be moved to other village Tenants or Tenants or permissory permissory rights rights required to move.
Transport allowance $40
Transport Allowance = $60
Transport allowance = $70 1) Rental Allowance equivalent to 3 months’ rent fee;and, 2) assistance to find affordable alternative accommodation
Temporary affected properties during construction Temporary Owner of 1) No compensation for affected land temporary affected land if restored to preland. project condition within 4 months after use. If the land is not returned and restored to preproject, contractor shall pay for expenses to restore it. 2) If the land is not returned, the AHs will receive compensation at replacement cost for the land. 3) Contractor will be required by contract to pay these costs.
Damage to crops and trees during construction (temporary impact).
11.3 Damage to fields and associated infrastructure including bund walls, drains, channels, etc
Owners of crops
1). Contractor will be required by contract to pay these costs. 2). Compensation for lost production in cash at replacement cost (value of lost production within ROW or for access) for the period of construction or maintenance. This will be a minimum of one harvest where damage occurs
AHs will be notified 1 month in advance of the actual date Implementation Issues that the land will be temporarily used or affected by the subproject.
1). Construction and maintenance will be carried out so as to minimize damage. 2). Construction will be required by Contract to stay within COI. 3). As part of the civil works contract, all access roads/driveways to properties adjacent to the road will be repaired or replaced including culverts and other facilities, to a condition equal or better
37 during growing season.
than the present. 4). The disruption period will be minimized as much as possible.
106. Although the CFAVCP subproject selection criteria aim to avoid subproject that will result in any severely AHHs, it is possible that some AHHs could be severely affected by losing 10% or more of their total productive lands or other assets. If so, an income rehabilitation program will be designed and provided. The income rehabilitation program will be designed in a participatory manner during LARP preparation and will include, among others, any of the following measures: (i) alternative livelihood; (ii) improved agricultural production; (iii) appropriate skills training; and (iv) preferred consideration for rehabilitation and construction work related job opportunities. C.
107. A Gender Action Plan (GAP) will be prepared for the subproject. Consistent with the GAP, resettlement planning and implementation will ensure that women, as members of AHHs, are adequately considered when they are physically or economically displaced by subprojects. They will be given equal opportunity for participation in consultations in order to ensure gender-sensitive and culturally responsive measures. The CFAVCP will adopt suitable strategies to ensure the active involvement of affected women consistent with the GAP. Project resettlement training will include gender issues relevant to resettlement and also the need for gender disaggregated monitoring of resettlement activities. D.
Strategy to Assist Vulnerable Affected Households
108. Any vulnerable HHs will be provided additional assistance as determined in the project entitlement matrix. These HHs will be surveyed during the LARP socio-economic survey to determine demand and needs and incorporated into the updated LARP. E.
109. If during the DMS, additional adverse social impacts are identified and/or additional AHs are found, these persons and households are entitled to receive Project entitlements as the others on condition that it can be ascertained that they have actually been in the Project ROW even before the cut-off date for eligibility. New AHs that will emerge due to changes in Project design or alignment prior to or even during construction works are also entitled to the same entitlements as those of the other AHs. F.
110. To ensure that temporary impacts during construction will be avoided, if not minimized, the contract for civil works will include the following provisions: (a) contractor to pay rent for any land required for construction work space outside the ROW; (b) to the extent possible, only idle land will be used as construction work space to avoid disruption to households and business establishments; and (c) temporary use of land will be restored or improved to its pre-Project condition. As part of internal monitoring, the GDR will review any written agreement with the AHs, payment records, and disbursement of payment to ensure proper monitoring and compliance with
38 the Project resettlement policy. Internal monitoring will be included in the quarterly progress reports submitted to IRC, MAFF and ADB. X. GRIEVANCE REDRESS MECHANISM 111. This section presents the information and arrangements for addressing conflicts and appeal procedures regarding eligibility and entitlements as well as the implementation of the resettlement activities. 112. A well-defined grievance redress and resolution mechanism will be established to address AHHs grievances and complaints regarding land acquisition, compensation and resettlement in a timely and satisfactory manner. All AHHs will be made fully aware of their rights, and the detailed procedures for filing grievances and the appeal process will be published through an effective public information campaign. The grievance redress mechanism and appeal procedures will also be explained in the PIB that will be distributed to all AHHs. 113. AHHs grievances will be received and solutions for AHH concerns and grievances on land acquisition and the implementation can be addressed under the grievance procedure provided in the approved LARF/LARP. AHs complaints can be made verbally or in written form. In the case of verbal complaints, the committee on grievance will be responsible to make a written record during the first meeting with the AHHs. 114. A grievance redress committee (GRC) will be established at provincial level with a process starting from Commune Offices. As practiced, the GRC include the relevant local commune or village chiefs only. The use of local NGO is allowed only to assist AHHs in filing complaints, particularly for those who do not know how to prepare written complaints, and also IP/EMs with language difficulties. The designated commune officials shall exercise all efforts to settle AHH’s issues at the commune level through appropriate community consultation. All meetings shall be recorded in each grievance process and copies shall be provided to AHHs. A copy of the minutes of meetings and actions undertaken shall be provided to IRC and ADB upon request. 115.
The procedures for grievance redress are set out below. (i)
Stage 1: AHHs will submit a letter of complaint/request to the village or commune office or PRSC working group or IRC working groups. The Commune Office will be obliged to provide immediate written confirmation of receiving the complaint. If, after 15 days, the aggrieved AHH does not hear from the village or commune or PRSC working group or IRC working group, or if the AHH is not satisfied with the decision taken by in the commune office, the complaint may be brought to the district office.
Stage 2: The district office has 15 days within which to resolve the complaint to the satisfaction of all concerned. If the complaints cannot be resolved in this stage, the district office will bring the case to the Provincial Grievance Redress Committee.
Stage 3: The Provincial Grievance Redress Committee meets with the aggrieved parties and tries to resolve the complaint. The Committee may ask for a review of the DMS. Within 30 days of the submission of the grievance, the Committee must make a written decision and submit a copy of the same to IRC and the AHH.
Stage 4: Court Procedures. If the aggrieved AHH does not hear from the Provincial Grievance Redress Committee or is not satisfied with the proposed solution, the AH can bring the case to the Provincial Court. The Court will make a written decision and send copies to the AHH, to provincial GRC and IRC. If any party is still unsatisfied with the Provincial Court’s judgment, the party can refer the case to a higher level court.
116. In cases where AHHs do not have the writing skills or are unable to express their grievances verbally, it is a common practice that AHHs are allowed to seek assistance from any recognized local NGO or other family members, village heads or community chiefs to have their complaints or grievances written for them. AHHs will be allowed to have access to the DMS or contract document to ensure that all the details have been recorded accurately enabling all parties to be treated fairly. Throughout the grievance redress process, the responsible committee will ensure that the concerned AHHs are provided with copies of complaints and decisions or resolutions reached. 117. If efforts to resolve disputes using the grievance procedures remain unresolved or unsatisfactory, AHHs have the right to directly discuss their concerns or problems with the ADB’s Environment, Natural Resources and Agriculture Division, Southeast Asia Department through the ADB Cambodia Resident Mission. If AHHs are still not satisfied with the responses of CARM, they can directly contact the ADB Office of the Special Project Facilitator. The Office of the Special Project Facilitator procedure can proceed based on the accountability mechanism in parallel with the project implementation. 118. In order to confirm bona fides in all land acquisition, voluntary and involuntary, and voluntary contributions, ADB supervision missions review all due diligence verification reports and perform random checks, in the event of an inconsistency IRC will hire an EMO to review compliance with LARP. XI. PROJECT INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION A.
119. The Ministry of Economic and Finance (MEF) is the official representative of the government as the borrower and recipient of funds. It is the responsibility of MEF to (i) fulfil government fiduciary and financial management oversight; (ii) to provide sufficient counterpart contribution for project activities in a timely manner; and (iii) ensure delays are not encountered in project procurement. Funds flow will be the responsibility of MEF and will work closely with the executing agency (EA). 120. MAFF will be the EA and will be responsible for overall project management, coordination and reporting. MOWRAM will be responsible for the implementation of irrigation rehabilitation subprojects. MRD will be responsible for the implementation of rehabilitation of farm to market access road. MAFF will establish a project management unit (PMU). It is proposed that the PMU can be the existing Safeguard Policy Statement (SPS) GMS Trade Facilitation Project PMU, using some of the existing management personnel and resources but with additional recruitment in key positions, such as those officials that will have monitoring and evaluation, procurement, safeguards and accounting responsibilities. 121. The PMU will have the responsibility for the day to day management, coordination and supervision of the project, as well as consultant recruitment, financing and fund flow and the
40 implementation of voluntary donation. MEF will channel funds to the PMU imprest account and the PMU will disperse on to the provincial implementing designate accounts. The parent ministries of their respective provincial implementing agencies will be notified of the release of funds and payments. 122. The national level coordination will also be assisted by a Project Steering Committee which will be co-chaired by a representative of MAFF and one representative from MEF; MOWRAM, Ministry of Industry and Handicrafts (MIH), Ministry of Rural Development (MRD), Cambodian Development Council (CDC) and Ministry of Commerce (MOC) will also be represented. In order that decisions are made quickly it is recommended that the various steering committee members will be at least the rank of Director General. The steering committee may invite persons and agencies to discuss specific agenda items, when required. For effective decision making no more than 20 persons shall attend at any one meeting. 123. The parent ministries of the participating provincial departments, MOWRAM and MRD will be requested to nominate focal points that will have a central level coordinating role. 124. A PPP IMC will be formed and chaired by MEF and will have a maximum of 10 representatives purely to review potential PPP agribusiness projects and will meet once every two months. The private sector related to the value chains will have an input though the business forums, federations and associations that will provide feedback and information to the proposed PPP IMC and on to the steering committee. The forums, federations and associations can circumvent the IMC for non-PPP initiatives. 125. The policy support sub-component will need a working group that will consist of representatives from the aforementioned ministries and possibly the MOE, with MEF playing a lead role. Specific MAFF implementation departments will include those within the General Department of Agriculture of which the National Agricultural Laboratory, Department of Agricultural Engineering and Department of Agricultural Cooperative Promotion. The General Department of Animal Health and Production will have a role at central level. All these departments will serve as resource providers to the provincial activities, primarily within the remit of PDA sub-output responsibilities. 126. The Cambodia Agricultural Research and Development Institute will be responsible for the climate resilient variety development activities, but when it comes to field demonstrations and trails will coordinate fully with the PDA. 127. Specialist service providers will be contracted to carry out a range of capacity building and training activities, as well as pilot demonstrations and civil engineering related to irrigation, feeder roads, storage units, biodigesters and the bio-technology laboratory reconfiguration. B.
LARP Institutional and Implementation Arrangements
128. Most of the land acquisition anticipated will be from the rehabilitation of irrigation facilities. MOWRAM has significant LARP implementation experience and has a dedicated resettlement unit. There is no such unit within MAFF. Although MOWRAM have some capacity there is still the need for additional specialist input to increase capacity and to support MAFF to build some RS capacity. MAFF and MOWRAM counterparts will work closely with the GDR within the Ministry of Economy and Finance (MEF) and members of IRC in order to: (i)
Prepare and secure the approval of the LARP by the IRC and ADB;
41 (ii) (iii) (iv)
Secure prior approval by IRC, and the ADB for any variations in the approved LARPs; Secure the data base of affected persons and assets that will be gathered during the preparation and updating of the LARPs; and Prepare progress reports on LARP implementation for submission to IRC and ADB.
IRC and General Department of Resettlement
129. At the start of the project implementation, the MEF establishes an IRC for each project with resettlement issues. The project specific IRC is composed of representatives from each of the relevant line ministries involved in the project such as the Ministry of Rural Development, MOWRAM, Ministry of Land Management and Urban Planning, MAFF and other relevant ministries. At provincial level a provincial resettlement sub-committee (PRSC) is set up on an ad hoc basis, and although there is no permanent provincial level resettlement structure, the same people often represent their respective agency on numerous occasions. The GDR-IRC and the PRSC work closely together to implement and monitor the resettlement activities. 130. The IRC through GDR and PRSC will ensue that funds for resettlement are spent properly and that the LARP is carried out as intended. The GDR will assist IRC in the following tasks: (i) Take a lead role in the preparation, review and approval of LARPs, ensuring that the LARPs are consistent with Cambodian Law and Regulations, ADB’s 2009 SPS and, later, the financing agreement; (ii) Endorsing the approved LARPs to ADB; (iii) Establishing or convening the PRSC and its Working Group (WG); (iv) Orienting, as needed, PRSC and its working group (PRSC-WG) on their tasks relative to LARP implementation; (v) Formulating and securing from the national treasury the budget for carrying out the LARPs, ensuring that funds are available in a timely manner and in sufficient amounts; (vi) Approving all disbursements connected with the implementation of the LARPs, such as payment of compensation and other entitlements, acquisition and preparation of replacement plots, operational expenses of personnel, etc.; (vii) Ensuring that funds for resettlement are spent judiciously; and (viii) Monitoring the implementation of the LARP,13 ensuring that this is carried out in compliance with LARF and with the financing agreement. 131. The GDR will take a lead role, assisted by PMU and the PRSC-WG, in preparing LARP when final detailed designs are approved through the conduct of DMS in a participatory and transparent way and consistent with LARF. Once approved by IRC and ADB, GDR will take lead in the implementation of the approved LARP. 132. Once LARPs have been prepared and finalized, GDR will ensure public information sharing mechanisms are in place at the local level (public information brochure in Khmer) to inform communities about the criteria, entitlements, etc. The LARP will be submitted to ADB for posting on ADB’s website. D.
Provincial Resettlement Sub-committee
If required will be assisted by independent organization.
42 133. PRSC is a collegial body at the provincial level. Headed by the Provincial Deputy Governor, the members of the PRSC are provincial department directors of line ministries represented in IRC, and also the chiefs of the districts and communes traversed by the project road. 134. The technical arm of the PRSC is the working group (PRSC-WG). The PRSC-WG is usually headed by the Director (or a representative) of the EA’s line agency. The regular members of the PRSC-WG come from the provincial government, Provincial Department of Economy and Finance (MDEF), and relevant local authorities, and other technical agency representatives are appointed as needed depending upon the sector concerned. The PRSC-WG has a counterpart at the district level composed of personnel from various concerned line agencies. 135. In an effort to make the whole process of resettlement effective, participatory and transparent, the chiefs of the affected communes and villages, will seat in the district RSC-WG in matters concerning their respective areas of jurisdiction. 136. The PRSC, through PRSC-WG and relevant local authorities, will have the following functions: (i) Facilitate a sustained public information campaign, ensuring that the public, especially the AHHs, are updated on any developments regarding the project and resettlement activities; (ii) Assist IRC-WG in implementing the LARP including, the DMS and updated census of AHHs, contract signing with AHHs, ; (iii) Assist IRC in the selection, acquisition, and preparation of replacement plots, including the preparation of a coordinated schedule of delivery of compensation and other entitlements, the relocation of people, harvesting of standing crops, and the start of civil works in a particular section of the Project road sections; (iv) Lead the delivery of compensation and other entitlements to the AHHs; (v) Receive and act on the complaints and grievances of AHHs in accordance with the project resettlement policy; and (vi) Maintain a record of all public meetings, grievances, and actions taken to address complaints and grievances. E.
Project Implementation consultants
137. The national resettlement consultant will support EA to implement voluntary land donation and prepare due diligence verification report. F.
138. Key agencies at provincial level will be the Provincial Department of Agriculture, Forestry and Fisheries (PDAFF), Provincial Department of Water Resources (PDWRAM) and the Provincial Department of Rural Development (PDRD). Provincial agency staff will assist the GDR and project implementation teams to: (i) Conduct feasibility study socio-economic surveys, including ethnicity and sex disaggregated data, to understand local LARP and IP development issues; (ii) Undertake and document consultation with communities and local IP groups to explain and discuss project plans, impacts, determine the appropriate interventions; (iii) Conduct meetings with AHHs; (iv) Assist to conduct IOL surveys and DMS;
(v) (vi) G.
Assist in the design of interventions to address identified issues relevant to the overall subproject; and Assist IRC in the implementation of LARPs.
District and Commune Level
139. Although implementation teams are from provincial agencies, district level staff will compliment provincial teams if and when possible and depending upon local resource conditions. The project implementation teams will work closely with commune council officials as well as village administration officials. The commune and village levels play an important role in coordinating between project and community and will assist in conducting surveys, collecting data and also assist in arranging appointments with community groups and HHs. XII.
BUDGET AND FINANCING
140. GDR is responsible for formulating the resettlement and or land acquisition budget based upon information provided by the project consultants. The costs of resettlement for the project will be calculated based on the RCS applied to the confirmed DMS, and the entitlements set out in the entitlement matrix of this LARF. A contingency of 10% will be included in total project cost estimates to be used as required during implementation of any LARP. All costs for resettlement, including compensation and allowances, operational and administrative costs, monitoring and reporting and income restoration will be financed by the government as counterpart funds. MEF will provide the budget directly to GDR - IRC and the IRC will disburse the fund to PDEF for payments of compensation and allowances to affected households. The forms used to summarize LARP costs are contained in Annex 5. XIII.
MONITORING AND REPORTING ARRANGEMENTS
141. GDR will monitor implementation of LARP to ensure compliance with the agreed activities and timeline and to ensure compensation and rehabilitation activities are carried out as planned and that the monitoring is reported on a quarterly basis. Ongoing monitoring will involve consultations with AHHs and shall be a continuous process during the DMS, signing contract, and payment. 142. Due to the limited need for land acquisition impacts and small number of IP/EMs in the project areas and the limited impacts anticipated, CFAVCP will mainly rely on internal monitoring to ensure LARP is being implemented as expected. The executing/implementing agencies with assistance from the national and international social safeguards specialist shall conduct random check of the implementation of LARP. The national and international safeguard specialists will ensure that the monitoring and reporting is being carried out in accordance with LARP. The project social safeguard specialist will conduct safeguard training for executing agency staff participating in implementation of LARP. 143. The extent of need for an external monitoring agency (EMA) will be reviewed during implementation and will depend upon the number of LARPs and the economy of scale as to whether an EMA should be hired by IRC for the task. The terms of reference for the EMA will be prepared by GDR and submitted to IRC and ADB for concurrence.
44 144. Specific LARP targets have not been set in the project design monitoring framework (DMF) as there is no way of estimating the number of LARPs that may need to be prepared under CFAVCP subprojects. A.
145. As a minimum, CFAVCP must report on the number and type of subprojects that have LARPs prepared and also report on its implementation. Indicators such as the number of AHHs, disaggregated by ethnicity and gender of household head, number of consultation meetings held, number of grievances registered, grievances resolved, number of compensation payments planned and actually made, are amongst key indicators. Other indicators would include: (i) Compensation and entitlements computed at rates and procedures as provided in LARPs agreed between the Government of Cambodia and ADB; (ii) Timely and complete disbursement of compensation to AHHs in accordance with the agreed LARPs and as per agreement with the government; (iii) Timely and complete delivery of relocation, income rehabilitation and rehabilitation allowances and measures; (iv) Public information, public consultation and grievance redress procedures are followed as described in the approved LARP; (v) Attention given to the priorities of AHHs regarding the options offered; (vi) Public facilities and infrastructure affected by the project are restored promptly; and, (vii) The transition between resettlement and civil works is smooth (a) compensation must be fully paid to AHHs; (b) agreed rehabilitation measures must be in place; and (c) the acquired land must be free from all encumbrances before notice to proceed for civil works is issued. B.
Schedule of Monitoring and Reporting
146. The LARP will establish a schedule for the implementation of land acquisition and resettlement taking into account the project’s implementation schedule and the consultation plan. The LARP will also indicate the monitoring and reporting schedule required from line agencies staff particularly at provincial level.
LARP SCREENING CHECKLISTS The following checklists are to be used in the identification and selection of subprojects for implementation. The objective of the checklists is to ensure that only Category B and C subprojects are selected according to project selection criteria. 1.
Will the activity require permanent or temporary land acquisition? Is the site and land needed for acquisition known? 3. Is the ownership status and current usage of land to be acquired known? Will land be acquired involuntarily? 4. Will easement be utilized within an existing Right of Way (ROW)? Has the facility been constructed recently on new land in anticipation of obtaining further assistance for the facility from this ADB project? When the facility was built, was the land acquired legally under the Royal Cambodian Government Law? (unknown = No) Are there any outstanding complaints about the land used or acquired for the existing facilities? Will the activity require permanent or temporary relocation or displacement of any people (titled or non-titled)? Are there any non-titled people (squatters) who live at the site or within the COI / Right of Way / public land? Will there be any loss of housing or accommodation or other residential structures? Will there be any loss of residential land? Will there be any loss of vegetable gardens or agricultural plots? Will there be any losses of crops, fruit trees or private structures? 9. Will there be loss of income sources and means of livelihoods due to land acquisition? Will any small or informal businesses have to be moved or closed temporarily or permanently? Will there be temporary or permanent loss of employment as a result of the closure of any businesses resulting from the renovation? Involuntary restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, communal facilities and services? 11. If land use is changed, will it have an adverse impact on social and economic activities? 12. Will access to land and resources owned communally or by the state be restricted? Information on Displaced Persons: Any estimate of the likely number of persons that will be displaced by the Project? [ ] No [ ] Yes If yes, approximately how many? ______________________ Are any of them poor, female-heads of households, or vulnerable to poverty risks? [ ] No [ ] Yes Are any displaced persons from indigenous or ethnic minority groups? [ ] No [ ] Yes
Voluntary Contribution Checklist
Criteria The impacts are marginal (based on percentage of loss and minimum size of remaining assets) Impacts do not result in displacement of households or cause severely loss of household’s incomes and livelihood The households making voluntary donations are direct beneficiaries of the project
• • • • • •
Land donated is free from any dispute on ownership or any other encumbrances
Consultations with the affected households is conducted in a free and transparent manner
• • • •
• • Land transactions are supported by transfer of titles Proper documentation of consultation meetings, grievances and actions taken to address such grievances is maintained
Guidance Notes The land donated does not exceed 10% of the total land owned by the affected household. Land donation will only be accepted if the total land owned by the household is not less than 300 m2 Only secondary structures are affected; there is no physical relocation of household due to the project and land donation. The affected household does not fall under the category of vulnerable. Both positive and negative impacts of the project on the affected household are considered. The affected household can identify the project’s direct benefits to them. The affected household has recognized legal tenure. The land is not being occupied and/or used by any other party. The land is not in dispute for its ownership. The affected household should be informed that they have the right to receive compensation for their land and the equivalent amount of compensation for the land they wish to donate. The affected household receives clear and adequate information on the project, and participates in the project planning. Provisions on voluntary donation are integrated into the decision making process at community level. Official land ownership document is updated.
• Agreement is properly documented with signatures of affected person, [name of the borrower/client] and witnesses. • Consultation meetings, grievances and actions taken to address such grievances are properly recorded.
DUE DILIGENCE REPORT OUTLINE EXECUTIVE SUMMARY I. PROJECT DESCRIPTION A. Introduction B. Subproject Description II.
SCOPE OF LAND ACQUISITION AND INVOLUNTARY RESETTLEMENT, INDIGENOUS PEOPLES IMPACTS
DUE DILIGENCE A. Background and Methodology B. Findings of Due Diligence
INFORMATION DISCLOSURE, PARTICIPATORY CONSULTATION, AND GRIEVANCE REDRESS A. Information Disclosure Activities Accomplished B. Future Information Disclosure and Consultation Activities (Involuntary Resettlement) C. Future Information Disclosure and Consultation Activities (Indigenous Peoples) D. Grievance Redress Mechanism
LEGAL FRAMEWORK, COMPENSATION AND ENTITLEMENT POLICY: INVOLUNTARY RESETTLEMENT A. Objectives B. The Legal basis of Compensation and Entitlement Policy C. Project Policy Commitments
LEGAL FRAMEWORK AND PROJECT POLICY: INDIGENOUS PEOPLES A. Objectives B. Relevant Laws in Cambodia C. ADB Policies
INSTITUTIONAL ARRANGEMENTS A. Overall Arrangement
MONITORING AND REPORTING A. Internal Monitoring & Evaluation B. Project Management and Implementation Support Consultants C. External Monitoring Agency (if required)
COPY OF VOLUNTARY LAND DONATION FORM KINGDOM OF CAMBODIA INSERT NAME] Province [INSERT NAME] District [INSERT NAME] Village CERTIFICATE OF LAND TRANSFER I, [INSERT NAME, AGE, NATIONALITY, OCCUPATION], with residence located in [INSERT NAME] village, [INSERT NAME] district, [INSERT NAME] province,
Certify that I have been previously informed by local authority of my right to entitle compensation for any loss of property (house, land and trees) that might be caused by the Cambodia Climate Friendly Agriculture value Chains Project (CFAVCP) in village [INSERT NAME], district ([INSERT NAME]).
I confirm that I do not request any compensation of loss of [INSERT OTHER LOSSES SUCH AS TREES STRUCTURES] and would request the local authority to consider this as my contribution to the UIM
Loss of Asset (Land)
Unit Rates (Currency/unit)
Therefore, I prepare and sign this certificate for the proof of my decision. [INSERT NAME] district [INSERT DATE] The owner of the land [INSERT NAME AND SIGN]
Witnesses: 1. [INSERT NAME] 2. [INSERT NAME] 3. [INSERT NAME] Certified by the Chief of the Village [INSERT NAME AND SIGN] The Chief of [INSERT NAME] district [INSERT NAME AND SIGN]
AFFECTED HOUSEHOLD SOCIO ECONOMIC AND IMPACT SURVEY 1 1.1
Household Composition Head of Household (HH) Sex Female
Owner of Land
Occupation Monthly Income Spouse Name Age Current Household Address Name Village Commune District Province Location of Affected Area Name Village Commune District Province Number of Household Members Name of Age Sex Household Member
Relationship to H/h head
1 2 3 4 5 6 7 8 9 10 Number of Households 1.6 Households income source Activity Riel/Year Rice Manual labour Agricultural products Non-timber forest products Handicraft Household Monthly Income in Riel Household Yearly Income in Riel
School Grade Reached
Number of Family members in household Activity Fishing Business/trade Salary/Wages Livestock Other
50 2 2.1 2.2 2.3
INFORMATION RELATED TO IRRIGATD AGRICULTURE Do you know about the sub-project and Yes No If yes, from who/which source? its objectives? Do you expect benefits from the project? Where do you get your water? Yes No Creek Pond Open Well Pump Well Other Where do you get you electricity? Yes No Public grid Private grid Private generator Battery Other Rice Harvest Yields Tons/year Riel/year Supply of Rice to household Enough – For how many months Not Enough – For how many months LAND USE How many families are using the affected land? One family Two families Three families
3.2 Living in this village
Which Type of land do your own inside/outside subproject area? Residential compound Paddy field Orchard area Forest area Commercial area Other Total How many agricultural plots do you own? Affected parcels
Not affected parcels
In district: In village: In district:
Annex 3 3.5 No.
Land Use Affected area [m2]
Total area [m2]
Note of affected land
1 Rice land 2 Orchard land 3 Vegetable garden 4 Commercial Total Productive Land (1) 5 Other unused land (2) 6 Residential land (3) Total (1+2+3)
AFFECTED FIXED STRUCTURES Type of Affected Structure Residential Residential/ Business Kitchen/Bathroom Car parking area/porch Shop/Restaurant Workshop Guesthouse Others
AFFECTED FIXED STRUCTURES
One Time Cash Assistance
Number of Affected Structures
1= House smaller than 60m2; light raw materials to relocate within or close to location 2= House smaller than 60m2; light raw materials to relocate far from current location 3= House bigger than 60m2 ; heavy raw materials to relocate within or close to location 4= House bigger than 60m2 ; heavy raw materials to relocate far from current location 4,2 Transportation Allowance 1=Relocate the small shop within or close to location 2= relocate the house within or close to location 3= Relocate the house within same village 4= Relocate the house to a different village or commune
Type of Structure
Construction materials [code]
1 Roof 2 Wall 3 Floor 4 Pillar
Total of structure dimension [m2/m]
Total of affected structure
Unit cost [Riel]
Age of Structure Area of Affected Structure Structure Affected Dimension (%) Total Construction Labor Cost (Riel) Total Cost of First Structure (Riel) Total Cost (Riel) 1= Ground floor ; 2= First floor ; 3= Second floor ; 4= Third floor ; 5= Others 1= Temporary; 2= Thatch/leaf; 3= Zinc; 4=Round wood; 5=bamboo; 6=Sawn wood; 7=Tile; 8= Floor tile; 9= Concrete slab; 10=Reinforced concrete;11=Clay wall; 12=Plank;
Of which, No of HHs losing than more of 20% agricultural land of No Affected HHs
Of which, No of HHs losing shop
Of which, No HHs of losingmore than 50% of house
Number of Affected Household (HH) Number of Marginally Number of Severely Affected Affected household
Total No of Severely Affected HH (*)
Table A.1: Summarized Scope of Impact of the project
TOTAL Acquired Land Compensated Land Village
Land of Streams, Roads without compensation (ha)
Total acquired land (ha)
TOTAL Affected other assets Village House (m2)
Table A. 2: Main Occupation of Affected Household Heads Village
Governmental Staff, Retired
TOTAL As % of Total
Table A.3: Income Distribution Shared in Percentage of Surveyed AHHs Affected Villages
Average Income per household ( CRS/HH/year)
Income per capita (CRS/pers./year)
Table A.4: Land Ownership Status of Affected Households Village
No of Affected HH
Agricultural land No of HH No of HH with with LURC temporary land use right
No of HH without LURC
No of Affected HH
Residential Land No of HH No of HH with with LURC temporary land use right
No of HH without LURC
TableA.5: Demographic Characteristics of Affected Households Village
No of Affected HHs and persons
Ethnicity (household, person) Khmer
Average Size of affected HHs (person)
Sex Ratio of household head (%) Male
Sex Ratio of household members (%) Male
Average Age of HH head (age/pers) HH HH head member
Table A.6: Result of survey on historic replacement cost of agricultural land 2009 – 2010
Compensation rate issued by PRC
In which, amount of money for transferred land
Agriculture ( CRS)
Agricultura l (m2)
In which, transferred land
Residential ( m2)
Total amount of the contracts (CRS/m2)
Date of transfer-ring
Location of transferred land
Comparison between compensation price and current prices of land on the free market BEFORE compensation payment
Table A.7: Unit replacement cost applied for land compensation for Project Land Category No (1) 1
Village 1 (Name) Agricultural Land Residential Land
Village 2 (Name) Agricultural Land Residential Land
Village 3 (Name) Agricultural Land Residential Land
Land Price as per Commune land Registrar (CRS/m2)
Replacement Cost (CRS/m2)
Compensation Price (CRS/m2) (5)
Table A.8: Unit replacement Cost, applied for house/structure No
House type IVC
Temporary house category 1
Temporary house category 2
Temporary house category 3 Structures
cement and brick running water container
Built-bathroom and lined
Thatched-bathroom and lined
Built-rest room with no cement brick wall
Main electricity meter
Temporary breeding facilities
Septic tank type 1
Dug well < 5m
Dug well > 5m
Concrete pipe with 1 meter diameter
Built brick for well
Table A.9: AP Allowance Rates Policy of Project XX Province No
Total amount/per HH Income Rehabilitation Program USD$50 Net Yearly income
Livelihood/Production Stabilization For all APs losing more than 10% agricultural land
Loss of business – unregistered shop Loss of business – registered shop
d) 2. a) b) c)
Impact on vulnerable HHs Transportation Allowances for Relocation Shop/stall made of temporary materials Shops and houses moved to adjacent area Shops and houses moved to new area in same village Shops and house moved to another village Tenants , leaseholders
Once Number days disruption Once
AHH AHH AHH
Once Once Once
USD$10 USD$40 USD$60
Once 3 months
USD$70 Rental allowance
Table A.10: AP Compensation Total amounts in cash (CRS), source of budget Category
Source of Budget (%) RGoC
I. Compensation payment and social support in cash to affected Households to include: A. Agricultural land B. Residential land C. Temporary house and structures D. Trees E. Crops F. Graves J. Social support to include: 3. Relocation supports 4. Allowance for renting house K. Agricultural land located in/mixed with residential land. II. Management and resettlement implementation administration III. A contingency cost amounting to 10% IV. TOTAL for Project V. Cost for Livelihood Rehabilitation and SD program (including IPP) VI. Cost for external monitoring consultant (EMA) for the whole Project (if required)
Tot al Unit
% Lost land
Table A.11: AHH DMS basis for Compensation Support TOTAL : COMPENSATION AND SUPPORT AMOUNT
Table A.12: Summary of affected household total compensation due
Agr Land (CRS)
Support, Allowances (CRS)
Total compensation, Support (CRS)
OUTLINE OF A LAND ACQUISITION AND RESETTLEMENT PLAN A. Executive Summary 1. This section provides a concise statement of project scope, key survey findings, entitlements and recommended actions. B. Project Description 2. This section provides a general description of the project, discusses project components that result in land acquisition, involuntary resettlement, or both and identify the project area. It also describes the alternatives considered to avoid or minimize resettlement. Include a table with quantified data and provide a rationale for the final decision. C. 3.
Scope of Land Acquisition and Resettlement This section: (i) discusses the project’s potential impacts, and includes maps of the areas or zone of impact of project components or activities; (ii) describes the scope of land acquisition (provide maps) and explains why it is necessary for the main investment project; (iii) summarizes the key effects in terms of assets acquired and displaced persons; and (v) provides details of any common property resources that will be acquired.
D. Socioeconomic Information and Profile 4. This section outlines the results of the social impact assessment, the census survey, and other studies, with information and/or data disaggregated by gender, vulnerability, and other social groupings, including: (i) define, identify, and enumerate the people and communities to be affected; (ii) describe the likely impacts of land and asset acquisition on the people and communities affected taking social, cultural, and economic parameters into account; (iii) discuss the project’s impacts on the poor, indigenous and/or ethnic minorities, and other vulnerable groups; and (iv) identify gender and resettlement impacts, and the socioeconomic situation, impacts, needs, and priorities of women. E. 5.
Information Disclosure, Consultation, and Participation This section: (i) identifies project stakeholders, especially primary stakeholders; (ii) describes the consultation and participation mechanisms to be used during the different stages of the project cycle; (iii) describes the activities undertaken to disseminate project and resettlement information during project design and preparation for engaging stakeholders; (iv) summarizes the results of consultations with affected persons (including host communities), and discusses how concerns raised and recommendations made were addressed in the resettlement plan; (v) confirms disclosure of the draft resettlement plan to affected persons and includes arrangements to disclose any subsequent plans; and (vi) describes the planned information disclosure measures (including the type of information to be disseminated and the method of dissemination) and the process for consultation with affected persons during project implementation.
F. Grievance Redress Mechanisms 6. This section describes mechanisms to receive and facilitate the resolution of affected persons’ concerns and grievances. It explains how the procedures are accessible to affected persons and gender sensitive. G. 7.
Legal Framework This section: (i) describes national and local laws and regulations that apply to the project and identify gaps between local laws and ADB's policy requirements; and discuss how any gaps will be addressed; (ii) describes the legal and policy commitments from the executing agency for all types of displaced persons; (iii) outlines the principles and methodologies used for determining valuations and compensation rates at replacement cost for assets, incomes, and livelihoods and set out the compensation and assistance eligibility criteria and how and when compensation and assistance will be provided; and (iv) describes the land acquisition process and prepare a schedule for meeting key procedural requirements.
Entitlements, Assistance and Benefits This section: (i) defines displaced persons’ entitlements and eligibility, and describes all resettlement assistance measures (includes an entitlement matrix); (ii) specifies all assistance to vulnerable groups, including women, and other special groups; and (iii) outlines opportunities for affected persons to derive appropriate development benefits from the project.
Relocation of Housing and Settlements This section: (i) describes options for relocating housing and other structures, including replacement housing, replacement cash compensation, and/or self-selection (ensure that gender concerns and support to vulnerable groups are identified); (ii) describes alternative relocation sites considered; community consultations conducted and justification for selected sites, including details about location, environmental assessment of sites, and development needs; (iii) provides timetables for site preparation and transfer; (iv) describes the legal arrangements to regularize tenure and transfer titles to resettled persons; (v) outlines measures to assist displaced persons with their transfer and establishment at new sites; (vi) describes plans to provide civic infrastructure; and (vii) explains how integration with host populations will be carried out.
Income and Livelihood Rehabilitation This section: (i) identifies livelihood risks and prepare disaggregated tables based on demographic data and livelihood sources; (ii) describes income restoration programs, including multiple options for restoring all types of livelihoods (examples include project benefit sharing, revenue sharing
(iii) (iv) (v) (vi)
arrangements, joint stock for equity contributions such as land, discuss sustainability and safety nets); outlines measures to provide social safety net through social insurance and/or project special funds; describes special measures to support vulnerable groups; explains gender considerations; and describes training programs.
Resettlement Budget and Financing Plan This section: (i) provides an itemized budget for all resettlement activities, including for the resettlement unit, staff training, monitoring and evaluation, and preparation of resettlement plans during loan implementation. (ii) describes the flow of funds (the annual resettlement budget should show the budget scheduled expenditure for key items). (iii) includes a justification for all assumptions made in calculating compensation rates and other cost estimates (taking into account both physical and cost contingencies), plus replacement costs. (iv) includes information about the source of funding for the resettlement plan budget.
Institutional Arrangements This section: (i) describes institutional arrangement responsibilities and mechanisms for carrying out the measures of the resettlement plan; (ii) includes institutional capacity building program, including technical assistance, if required; (iii) describes role of non-government organizations, if involved, and organizations of affected persons in resettlement planning and management; and (iv) describes how women’s groups will be involved in resettlement planning and management.
M. Implementation Schedule 13. This section includes a detailed, time bound, implementation schedule for all key resettlement and rehabilitation activities. The implementation schedule should cover all aspects of resettlement activities synchronized with the project schedule of civil works construction, and provide land acquisition process and timeline. N. Monitoring and Reporting 14. This section describes the mechanisms and benchmarks appropriate to the project for monitoring and evaluating the implementation of the resettlement plan. It specifies arrangements for participation of affected persons in the monitoring process. This section will also describe reporting procedures.
STANDARD NEGOTIATED SETTLEMENT FORM Negotiated Settlement Agreement The following agreement has been made on the ……………. Day of ………………….month, of ………………….. year, between Mr/Mrs/Ms…………………………(names and ages) ………… herein referred to as the “Owner”, living in ………………………………..village , ……………………………… commune ……………………………… district,………………….. province, and the CFAVC project represented by the Ministry of Agriculture Forests and Fisheries (MAFF). The Owner hereby declares that the assets described below legally belong to the Owner, and that the Owner further agrees to sell15 , or transfer, these assets for the agreed compensation, to the Project in order that the CFAVC …………………………… subproject may be implemented. Asset Details Unit Agree Unit Price (CRS) Agreed Qty Agreed Total (CRS) Structures
Total CRS It is agreed between the owner and the Project that the total compensation of ……………… CRS (in figures and words), will be paid before the removal of any of the assets listed above and if not, this agreement becomes null and void. Signed as agreed as above (MAFF and CC sealed). ………………………… The Owner(s)
…………………………… The Project Representative
If being granted to the Project, insert “0” in the Agreed Total column.
…..…………………….. Commune Council (Witness)
INTERNAL MONITORING FOR VERIFICATION OF VOLUNTARY DONATION * [Shaded items in the bracket] will be replaced with information from the specific project. Objectives 1. The objective of this consulting service is to verify that the land acquisition of [name of the project] follows the principles and procedures of voluntary donation set for the project. The project is supported by the Asian Development Bank (ADB) and will [a brief description of the project’s objectives]. The [name of the borrower/client] is assisted by [name of the entity assisting the implementation of land acquisition] for implementing the land acquisition. An independent external party such as a qualified non-governmental organization (NGO) or legal authority16 will be engaged by the project17 to undertake the verification. I. Scope of Work - General 2. This scope of work will require the Internal Monitor to undertake the following general tasks among others: (i) Using verbal and written records (voluntary donation/contribution forms), verifies that the donation is in fact voluntary, did not result from coercion, and was accomplished through the consultation process. (ii) Ensure that voluntary donations do not severely affect the living standards of affected persons and will benefit them directly. II.
Scope of Work - Specific
The Internal Monitoring work will include several specific tasks: (i) Review all project documents related to the project’s land acquisition and resettlement; (ii) Visit the project site to verify whether the voluntary donation process follows the principles and procedures agreed in Land Acquisition and Resettlement Framework or Plan (if any). Verification will cover an adequate representative random sample18 of the affected households who voluntary donated the land; (iii) Conduct interviews and/or participatory community meetings with the affected peoples/affected households to obtain perception of the voluntary donation; (iv) Interview relevant stakeholders including [name of the borrower/client], construction supervision , and [name of the entity assisting the implementation of land acquisition], community leaders and local authorities regarding the principles and procedures followed in voluntary donation; (v) Verify whether the criteria set for voluntary donation were properly applied (See Criteria and Guidance Notes of Voluntary Donation); (vi) Verify whether the procedures of the voluntary donation were properly implemented; and
[Please define or provide an example] For further discussion: the project team to as much as possible use project loan funds. In special cases, ADB staff consultant budget can be used. The number of households covered by the verification may rise or fall, depending on the total number of affected households who donated. The often "acceptable" margin of error used by survey researchers falls between +/- 4% and 8% at the 95% confidence level. The 95% confidence level means that there is a 95% chance that the difference is real and not just a quirk of the sampling. If we repeated the study 100 times, 95 of the samples drawn would yield similar results. Websites that can be used to calculate the required sample size for a population (N), include http://www.raosoft.com/samplesize.html, http://www.calculator.net/sample-size-calculator.html
Prepare a verification report. Criteria and Guidance Notes on Voluntary Donation of Land
Criteria The impacts are marginal (based on percentage of loss and minimum size of remaining assets)
Impacts do not result in displacement of households or cause severely loss of household’s incomes and livelihood
The households making voluntary donations are direct beneficiaries of the project
• Land donated is free from any dispute on ownership or any other encumbrances Consultations with the affected households is conducted in a free and transparent manner
• • • • • •
Land transactions are supported by transfer of titles Proper documentation of consultation meetings, grievances and actions taken to address such grievances is maintained
• • •
Guidance Notes The land donated does not exceed 10% of the total land owned by the affected household. Donation of residential land will only be accepted if the total land owned by the household is not less than 300 m2 Only secondary structures are affected; there is no physical relocation of household due to the project and land donation. The affected household does not fall under the category of vulnerable. Both positive and negative impacts of the project on the affected household are considered. The affected household can identify the project’s direct benefits to them. The affected household has recognized legal tenure. The land is not being occupied and/or used by any other party. The land is not in dispute for its ownership. The affected household should be informed that they have the right to receive compensation for their land and the equivalent amount of compensation for the land they wish to donate. The affected household receives clear and adequate information on the project, and participates in the project planning. Provisions on voluntary donation are integrated into the decision making process at community level. Official land ownership document is updated. Agreement is properly documented with signatures of affected person, [name of the borrower/client] and witnesses. Consultation meetings, grievances and actions taken to address such grievances are properly recorded.
Criteria and Guidance Notes on Voluntary Donation of Productive Land 8. 9.
Criteria Was the subproject site is selected in full consultation with landowners and any nontitled affected people Do Voluntary donations significantly affect the living standards of affected people and the amount of agricultural or other productive land to be acquired from each AH does not exceed 10% of the total productive landholdings of the household; Voluntary donations are linked directly to significant benefits for the AH; All voluntary donations will be confirmed through written record and verified by an independent third party such as the external monitoring organization; Is there is an adequate grievance process The voluntary donations will not cause any involuntary resettlement of formal or informal land users, squatters or encroachers of the land No AH is vulnerable.