Draft Resettlement Plan

Transcription

1 Draft Resettlement Plan Project Number: May 2018 CAM: Second Urban Environmental Management in the Tonle Sap Basin Project Battambang Prepared by the Ministry of Public Works and Transport for the Asian Development Bank (ADB).

2 CURRENCY EQUIVALENTS (as of 1 May 2018) Currency unit riel (KR) KR1.00 = $ $1.00 = KR 4, ABBREVIATIONS ADB Asian Development Bank DED Detailed Engineering Design DMS Detailed Measurement Survey DP Displace Person GDR General Department of Resettlement IOL inventory of loss IRC Inter- Ministerial Resettlement Committee IRP Income Restoration Program LAR Land Acquisition and Resettlement m meter MEF Ministry of Economy and Finance MPWT Ministry of Public Works and Transport PGRC Provincial Grievance Redress Committee PRSC Provincial Resettlement Sub-Committee RGC Royal Government of Cambodia RCS Replacement Cost Study RF Resettlement Framework ROW Right of Way RP Resettlement Plan SPS Safeguard Policy Statement WG Working Group WWTP Waste Water Treatment Plant NOTE In this report, "$" refers to United States dollars This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the terms of use section on ADB s website. 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.

3 DEFINITION OF TERMS Compensation Refers to payment in cash or in kind for an asset or resource that is acquired or affected by a Project at the time the asset needs to be replaced. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs. Consultation A process that (i) begins early in the project preparation stage and is carried out at different stages of the project and land acquisition and involuntary resettlement cycle; (ii) provides timely disclosure of relevant and adequate information in Khmer Language that is understandable and readily accessible to Displaced Person (DP); (iii) is undertaken in an atmosphere free of intimidation or coercion with due regard to cultural norms; and (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; enables to consider the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures and implementation issues. Cut-off date For this project (i) if the sub-project is prepared based on a feasibility study, the cut-off date is the start date of the first consultation meeting with the DPs during the census, and (ii) if the sub-project is prepared based on detailed engineering design, the cut-off date is the date of the commencement of the detailed measurement survey. It is also the date that establishes the eligibility of receiving compensation and resettlement assistance by the project DPs. Only those DPs who own, occupy or reside on the land to be acquired for the sub-project under the Project as of this date will be eligible for receiving compensation and resettlement assistance in accordance with the Entitlement Matrix specified in the RF or RP. Detailed Measurement Survey With the aid of detailed engineering design, this activity involves the finalization of the inventory of losses, measurement of losses, 100% Socio-economic Survey, and 100% census of DPs. Displaced Household Any household, physically and/or economically directly affected because of land acquisition and involuntary resettlement. Household means all persons living and eating together as a single social unit. Displaced Persons (DPs) In the context of involuntary resettlement, DPs are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Economic Displacement Refers to loss of land, assets, access to assets, income sources, or means of livelihood because of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

4 Eligibility Refers to any person or persons, household, firm, private or public institution who has settled in the Project area before the cut-off date, that (i) loss of shelter, (ii) loss of assets or ability to access such assets, permanently or temporary, or (iii) loss of income sources or mean of livelihood, regardless of relocation will be entitled to be compensation and/or assistance. Entitlement Refers to a range of measures comprising compensation, income restoration support, transfer assistance, relocation support, etc. which are due to the DPs, depending on the type and severity of their losses, to restore their economic and social base. Income Restoration Refers to re-establishing productive livelihood of the DPs to enable income generation equal to or, if possible, better than that earned by the DPs before the resettlement or of pre-project levels. Inventory of Losses This is the process where 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 right-of-way are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of DPs will be determined. Involuntary Resettlement Refers to when displaced persons have no right to refuse land acquisition by the state that result in their displacement which occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated, and the failure will result in expropriation through invoking the eminent domain of power of the state. Land Acquisition Refers to the process whereby individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. Major Impacts Refers to DHs who will (i) lose 10% or more of their total productive land and/or assets; (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project. Physical Displacement Refers to relocation, loss of residential land, or loss of shelter because of (i) involuntary acquisition of land; or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Relocation This is the physical relocation of a displaced person from their pre-project place of residence and/or business. Replacement Cost Replacement cost involves replacing an asset, including land, at a cost prevailing at the time of its acquisition. This includes fair market value, transaction costs, interest accrued, transitional and restoration costs, and any other applicable payments, if any.

5 Depreciation of assets and structures should not be considered for replacement cost. Where there are no active market conditions, replacement cost is equivalent to delivered cost of all building materials, labor cost for construction, and any transaction or relocation costs. Where land market conditions are absent or in a formative stage, the DPs and host populations will be consulted with to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. Replacement Cost Study This refers to the process involved in determining replacement costs of affected assets and land and performed by an independent qualified national consultant (firm or individual) with necessary expertise to carry out asset valuation. Resettlement Framework The Resettlement Framework sets out the criteria for screening sub-projects on their resettlement impacts and provides guidance in preparing Resettlement Plans for eligible sub-projects with insignificant resettlement impacts. It defines the objectives, principles, eligibility criteria and entitlements for displaced persons based on (i) Asian Development Bank s Safeguards Policy Statement, 2009; and (ii) the Royal Government of Cambodia laws, rules and regulations Resettlement Plan This is a time-bound action plan, with budget, setting out the resettlement objectives and strategies, entitlements the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and implementation schedule. The outline Resettlement Plan is in Annex to Appendix 2 of the ADB Safeguard Policy Statement (2009). Vulnerable Groups These are distinct groups of DPs who are likely to be more adversely affected than others and who are likely to have limited ability to reestablish their livelihoods or improve their status and comprise : (i) all the households living below the national poverty rate established by the Government, 1 (ii) female headed households with dependents living below the national poverty rate, (iii) disabled headed households with no other means of support, (iv) elderly headed households who are landless and with no other means of support, (v) landless poor living below the national poverty rate, and (vi) indigenous people or ethnic minorities (who often have traditional land rights but no formal titles). 1 This includes squatters and those without land titles.

6 CONTENTS I. PROJECT DESCRIPTION 1 A. Overview of the Project 1 II NATURE OF RESETTLEMENT IMPACTS OF THE BATTAMBANG WASTEWATER SUBPROJECT 4 III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 5 A. Data Gathering Instruments 5 B. Impact on Land 5 C. Impact on Crops and Trees 5 D. Impact on Primary Structures 5 E. Impact on Secondary Structures 6 F. Impact on Kiosks and Shops 6 G. Vulnerability 6 H. Major Impact 7 I. Temporary Land Acquisition 7 J. Summary of impact 7 IV. SOCIO-ECONOMIC INFORMATION AND PROFILE 8 A. Demographic Information and Gender 10 B. Employment and Income 11 C. Indigenous Peoples 13 V. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 13 A. Consultation and Participation 13 B. Disclosure Information 15 VI. GRIEVANCE REDRESS MECHANISMS 16 VII. LEGAL FRAMEWORK 18 A. Relevant Laws and Regulations of Royal Government of Cambodia 18 B. ADB Policy on Involuntary Resettlement 20 C. Other Considerations 21 VIII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 22 A. Eligibility 22 B. Entitlements 22 C. Principle of Replacement Cost 27 IX. RELOCATION 27 X. INCOME RESTORATION AND REHABILITATION 27 XI. RESETTLEMENT BUDGET AND FINANCING PLAN 28 A. Funds Flow and Management 28 B. Indicative Resettlement Budget 28 XII. INSTITUTIONAL ARRANGEMENT 29 A. Institutional Arrangement 29 B. Capacity Assessment of Implementation Agencies 31 XIII. IMPLEMENTATION SCHEDULE 31 XIV. MONITORING AND REPORTING 32

7 A. Overview of the Project I. PROJECT DESCRIPTION 1. The Asian Development Bank (ADB) is assisting the Royal Government of Cambodia to bring about inclusive growth and shared prosperity for its growing urban population, by providing improved infrastructure and services in selected cities in the country. 2. The Second Urban Environmental Management in the Tonle Sap Basin Project (the Project) will improve urban environmental services in Battambang, Serei Saophoan and Stung Saen, three of Cambodia s provincial cities located around the Tonle Sap lake. The project will also improve institutional effectiveness to provide sustainable services and support an improved policy and planning environment for wastewater and solid waste management. A map showing the three cities is included in Figure 1. Figure 1: Location of Sub-projects Source: FS-TA. 3. The proposed outputs of the Project are: (i) Output 1: Urban infrastructure improved. The Project will finance three wastewater treatment plant (WWTP) subprojects: (i) a new 4,800 m 3 /day capacity WWTP at Battambang and 86.8 km of new sewers, (ii) a new 2,500 m 3 /day capacity WWTP in Stung Saen and 39.2km of new sewers, and (iii) a new 2,500 m 3 /day capacity WWTP

8 2 in Serei Saophoan and 78.2km of new sewers 2 and two drainage subprojects: (i) a 17.1 km drainage network in Stung Saen; and (ii) a 8.5km drainage network in Serei Saophoan. It will finance three controlled landfills: (i) 48,000 m 3 landfill in Stung Saen; (ii) 130,000m 3 landfill in Serei Saophoan and (iii) 350,000m 3 landfill in Battambang; and it will also finance the provision of free latrines for 760 poor households. (ii) Output 2: Institutional effectiveness improved. The Project will strengthen institutional effectiveness through improving staff capacity in critical areas (including improved urban service delivery, O&M of urban facilities, public private partnerships and other institutional arrangements), supporting the establishment of urban service units, and dedicated consultant support for project management. (iii) Output 3: Policy and planning environment improved. The Project will develop urban development strategies and master plans for all three cities. It will develop a road map for financial sustainability for wastewater and solid waste (including a proposed road map and arrangement for tariffs, and mechanism for ensuring household connections). It will build community awareness on the benefits of proper sanitation and separate sewage systems and safe disposal of solid waste.. 4. This draft resettlement plan (RP) applies specifically to the Battambang wastewater management system. It must be read in conjunction with the Resettlement Framework (RF) for the Project. 3 The proposed service area for wastewater collection and treatment covers the builtup parts of the two sangkats, Rotanak and Preaek Preah Sdech, on the east side of the Sangkae River. The extent of the service area is shown in Figure Apart from the street sewerage system, the subproject will also include free or subsidised onsite plumbing for residential properties which are to be connected to the sewerage system. This will ensure that rainwater drains are separated from the wastewater pipelines and therefore will help to reduce overflow of contaminated wastewater overflowing in the streets, which is a common sight at present. It is noted that a separate rainwater drainage system is currently being constructed for the same service area under the Greater Mekong Subregion Southern Economic Corridor Towns Development Project The wastewater system will include two sewage pumping stations (SPS) and a wastewater treatment plant. The locations of these sites are shown in Figure 3. The 10ha wastewater treatment plant site, about 3 km east off the service area, is surrounded by paddy fields. The road to the treatment plant site will need widening and raising for improved access. Land for the treatment plant and two pump stations are owned by the local government. It has been bought by the Ministry of Finance back in 2015 as this wastewater system was originally to be financed under the Greater Mekong Subregion Southern Economic Corridor Towns Development Project. 2 The project will also finance free household connections to the sewer system (i.e. the line from the sewer to the boundary of the property). The project also includes a financing allocation for on-site plumbing (i.e. the plumbing needed within the boundary of the property). This will be provided as a subsidy to ID poor households, however, the government may choose to recover all or part of this cost for non-id poor households. 3 The Resettlement Framework is available as a linked document to the Reports and Recommendations of the President 4 Cambodia: Greater Mekong Subregion Southern Economic Corridor Towns Development Project.

9 3 Figure 2: Proposed Wastewater System Service Area Locality Map Source: DDPP Team Figure 3: Location of WWTP and Pumping Station Source: DDPP Team. 7. The specific alignment of facilities within the WWTP site and of the pump stations and access roads will be confirmed following the topographic surveys during the detailed design stage. The relevant resettlement planning documents for such sites, due diligence on past, present and future social impacts, including any outstanding claims will be updated at this stage.

10 4 II. NATURE OF RESETTLEMENT IMPACTS OF THE BATTAMBANG WASTEWATER SUBPROJECT 8. This draft RP covers only the wastewater sub-project in Battambang while the component of Solid Waste Management, Sanitary Landfill will be separately addressed, and a separate RP will be prepared when the site for the landfill is confirmed at the detailed design stage. 9. The proposed sub-project includes activities such as: (i) Construction of new wastewater treatment plant (WWTP); (ii) Construction of two pumping stations; (iii) Installation of separate sewer network; and (iv) Upgrade and raise four (4) kilometres of access road to WWTP. 10. No land acquisition is required for the subproject since the land for the construction of WWTP with the area of 10ha and the two pumping stations (pumping station 1 in Phum Rumchek 1 and pumping station 2 in Phum Chrab Veal) are already acquired/purchased by the Inter- Ministerial Resettlement Committee (IRC)/Ministry of Economy and Finance (MEF) and now it is owned by the city (Appendix 2: land acquisition reference document). These acquired lands shall be in accordance with the laws and regulations of the Royal Government of Cambodia and ADB policies and procedures. Due Diligence of the negotiated land acquisition will be undertaken during the project implementation and a Corrective Action Plan, if any, prepared. Access road widening and sewerage network pipelines will both be within the existing right-of-way (ROW), hence not requiring land acquisition. 11. However, compensation for crop and trees, and loss of income will be required based on the impacts identified at the feasibility stage. 12. The sewerage system in Battambang City is designed to convey wastewater only, separate from storm water with the existing pipes being retained for collection and disposal of rain water separately. This would not require private land since it will be built on existing ROW, which will involve physical alignment change through earth moving. However, this will be reviewed in detail during the detail engineering design stage 13. Temporary impacts concern mainly disruption of the use of roads, tracks, footpaths, and/or property road access points along the public ROW caused by sewerage system construction works and the movement of construction plant and materials, including unanticipated impacts, and these will be addressed during implementation based on actual impacts and in accordance with the national laws and ADB s SPS (2009). All sewerage networks have minimal working widths and will be installed on the edge of road shoulders or easements, which are wide enough to accommodate the digging of trenches or will be moved inside the road carriageway to avoid any impacts. Civil works contracts will require contractors to reinstate the ROW to its original condition after the installation of pipes is completed. Effective construction supervision and monitoring at all stages of subproject implementation will ensure this outcome. 14. In case there are changes in the subproject s scope and/or location identified during detailed engineering design (DED), screening of involuntary resettlement impacts shall be reconducted to find out any further land acquisition and resettlement impacts. If scope of land acquisitions and resettlement impacts are changed, this RP will be updated include those changes based on policies and principles as per the approved RF.

11 5 III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. Data Gathering Instruments 15. The basic tool used in the survey and census was survey questionnaire containing questions on the socio-economic information of affected persons. Inventory of Loss (IOL) was also carried out during the field data collection, which was conducted from February It is observed that only the access road to WWTP will cause impacts within the corridor of impact (COI) such as land use for residents, agriculture, structures, trees with commercial values, etc. B. Impact on Land 16. The new WWTP will be located on a 10-ha site in Battambang. In addition, there are in total 2 pump stations proposed for the WWTP. Pump station 1 in Phum Rumchek and the pump station 2 located in Phum Chrab Veal. The land for these sites is purchased by IRC/MEF. Because titling is a lengthy process, full due diligence on past, present and future social impact on such land plot will be conducted at the time of topographic surveys at the detailed design stage and the relevant data will be included in the detailed RP. The available supporting document issued by the Cadastral Administration Office, to support transfer of ownership to the Ministry of Economy and Finance is provided in this draft RP the appendices. Following the outcome of the screening process, the Battambang WWTP subproject s involuntary resettlement impact was not deemed significant; the subproject was classified as category B. During the DED stage, the involuntary resettlement impacts and the classification of category B will be confirmed. 17. The permanent impact on private agricultural land is expected to be 48 m 2 and this land is owned by one DH resident in Sangkat Rattanak, Battambang Municipality. A total of 44 DHs will lose total of 179 m 2 private land, representing a very narrow strip of land that need to be acquired by the subproject as the access road and sewerage network pipes are mainly within the existing ROW. C. Impact on Crops and Trees 18. No crops will be affected by the acquisition of state or private land. However, there are 45 young fruit trees that will be affected resulting from acquiring the 48 m 2 of the private land. D. Impact on Primary Structures 19. The socio-economic census found that there are 12 DH with title to residential land adjacent to the government land for the proposed access road to WWTP. A single residential structure of m 2 will have 22.5 m 2 partially affected by the subproject. The summary of impacts on affected structures representing are presented in Table 1 below.

12 6 20. Only single house will potentially have limited impact due to access road construction based on the assessment at feasibility stage. This house however does not require relocation and the impact will be avoided by adjusting the alignment of the road during the DED. No other primary structure will be affected. E. Impact on Secondary Structures 21. A 125 m 2 of secondary structures such as huts/sheds and stable animal pen will be affected out of the total 422 m 2. The impacts on the walls, fences and roof are 1,169 m 2 out of the total m 2. These structures encroached to the public ROW of the access road; hence, land loss will not be compensated for, but the affected assets will be compensated at full replacement cost. F. Impact on Kiosks and Shops 22. The socio-economic and census survey found 67 m 2 of shop/kiosks belonging to 7 DHs will be impacted. However, this neither will involve loss of income nor loss of any land because these structures encroach the public ROW. However, the minor impact on the structures will be compensated for at full replacement cost. G. Vulnerability Table 1: Summary of Impact on Structures Total Affected % affected owned Area area area (m 2 ) (m2) Main house Hut or shed Shop or kiosk Stable, animal pen (area m 2 ) Wall or fence (area in m 2 ) Wall or fence (area m 2 ) Roof shade (outside the house to avoid Sun light) (area m 2 ) The wastewater subproject ensures that vulnerable groups are not disadvantaged and that they are equal beneficiaries of the subproject s infrastructure. In this context, the field data identified the following: (i) There are 6 females widowed head of HHs; (ii) There are 12 elderly head of HH; (iii) There is no poor HHs; (iv) There is no disable head of HHs. (v) There is no Indigenous Peoples or Ethnic Minorities affected by the project 24. In total the subproject at feasibility stage impacts 18 vulnerable DPs. These DPs will be provided with a special package which includes doubled lump sum amount for loss of income, transition allowance or subsistence allowance. They are also entitled to participate in the Income Restoration Program depending on their choice. The details regarding the number of DPs

13 7 participating in the Income Restoration Program will be updated following the DED and in the updated RP and will be reflected in the entitlement matrix and budget. H. Major Impact 25. The RF defines major impact for those who would lose 10% or more of their total productive land and/or assets and physical relocation. The 44 DHs surveyed are not regarded as those experiencing major impact as they will not lose 10% or more of their total productive land and/or assets and/or experience physical relocation. The impact is only on secondary structures, fences and stalls, which are not income-generating. However, this will need to be confirmed during detailed measurement survey (DMS) after DED is finalized. I. Temporary Land Acquisition 26. For any temporary site installation or other area, the contractor will have to propose in a site installation and access plan and obtain approval from the Project Management Unit (PMU). Where possible, unoccupied and unused public land will be used for temporary land use. The contractor shall rent the private space with agreed rental fee. Both private and public space shall be returned in the same or improved condition compared with pre-project situation. Through a transparent and contractual approach, the Employer will provide the contractor with the project s land acquisition and compensation principles to ensure that (i) official compensation rates are applied, (ii) re-instatement of affected assets contractually defined, (iii) consultation takes place, (iv) the grievance mechanism is followed, (v) the Environmental Management Plan (EMP) is applied, and (vi) other items specified are complied with. J. Summary of impact 27. According to IOL carried out between February 2018, the acquisition requirements concern mainly by (a) governmental land (land use in the WWTP), (b) loss of structures, trees, crops, (c) loss of livelihoods and income, (d) no physical relocation through loss of assets, access to assets, income sources, or means of livelihoods, and (e) very limited temporary disruption of property road access points. There is also (f) no requirement for resettlement by this sub-project as no physical displacement of people will take place. 28. As a result, from the IOL, there are 44 DHs totalling 160 DPs are likely to be affected by the upgrading of 4 km access road to WWTP and the construction of WWTP. The ROW during IOL was determined at 6m from existing road centre line (access road to WWTP). Once the ROW is defined after DED, all the impacts need to be updated according to DMS. 29. The DHs contacted during the consultation meetings (Annex 4) and socio-economic surveys indicated their willingness to cooperate with the sub-project. Therefore, from field data, the affected assets and the related DHs are summarized in Table 2 below.

14 8 Table 2: Summary of Impacts per types Item Description No of Unit Details of the affected area/item Remarks DH Affected area Total Area % of total 1 Agriculture 1 m , % Affected land in land access road reserve. Need to be confirmed 2 Affected residential land during DMS 12 m , % Affected land in access road reserve. Breakdown to be confirmed during DMS. 3 Main house 1 m % 4 Hut or shed 4 m % Breakdown to be confirmed during DMS 5 Shop/kiosk 7 m % Breakdown to be confirmed during DMS 6 Stable or animal pen 7 Wall or fence Wire fence concrete wall or fence 1 m % The remaining structure is not viable for use. But can rebuilt further back on the same land 31 m m ,780 1,635 29% 32% Breakdown to be confirmed during DMS 8 Roof extension 8 m % Breakdown to be confirmed during DMS 12 Mango Tree 1 No. 45 Owner is the DH of the agricultural land IV. SOCIO-ECONOMIC INFORMATION AND PROFILE 30. Socioeconomic information of the households living in the subproject area in general as well as the displaced households in particular was collected through the fieldwork (census, IOL, SES, consultation meetings in villages, and transect walks). The information in this section presents baseline socioeconomic information of households living within the subproject area. 31. The 2015 populations for the communes to be covered under the wastewater service areas, namely Preaek Preah Sdach and Rotanak, are shown in Demographic Information and Gender 33. Of the total households in the two districts, only displaced households were surveyed. There are 44 households will be displaced by the access road upgrading and WWTP construction. The results of socio-economic survey of the all 44 DHs shows that 34 heads of DHs are male while 10 are females of which 6 heads of DHs are widows. Table below shows the information on household head surveyed.

15 32. Of the total households in the two districts, only displaced households were surveyed. There are 44 households will be displaced by the access road upgrading and WWTP construction. The results of socio-economic survey of the all 44 DHs shows that 34 heads of DHs are male while 10 are females of which 6 heads of DHs are widows. The population in the commune and village adjacent to the wastewater treatment plant is also shown. 9

16 10 Table 3: Demographic information for households within subproject areas District Commune Village Population Male Female Households Population in subproject service area Krong Preaek Preah Sdach 14,627 6,910 7,717 2,656 Battambong Rotanak 16,055 8,000 8,055 2,907 Total in service area 30,682 14,910 15,772 5,563 Sangkae Population adjacent to wastewater treatment plant Norea Norea Pir 1, Source : Commune Database-Village Data, A. Demographic Information and Gender 33. Of the total households in the two districts, only displaced households were surveyed. There are 44 households will be displaced by the access road upgrading and WWTP construction. The results of socio-economic survey of the all 44 DHs shows that 34 heads of DHs are male while 10 are females of which 6 heads of DHs are widows. Table below shows the information on household head surveyed. Table 4: Displaced Household Characteristics Variable Number Percentage Gender of the household head Male headed Female headed to 30 years to 45 years old Age of the household head 46 to 60 years old to 75 years old Over 75 years Marital status of the household head Education of the household head Not married Married Divorced Widowed None Primary Secondary University Total Source: IOL, Socio-economic survey, Civil Status: Of the 44 respondents, (79.5%) 35 respondents are married; (13.6%) 6 respondents are widowed, and 2 respondents are divorced. 35. Age and Physical Condition: 32 household heads (72.7%) are of working age, below 60 years old, and (27.3%) 12 households are considered to be elderly.

17 11 B. Employment and Income 36. It is a mixed picture with 15% in private employment, 15% are owners or employees of businesses, 6% are farmers, 10% casual workers, 10% housewives, and 15.6% unemployed. As regards types of income, 50% have regular incomes or salaries, 18% rely on daily wages for casual labour, and 30% receive pensions or remittances. Quite a large percentage (61%) reported seasonal incomes. The employment status and income type profiles are presented in Tables 5 and 6, respectively. Table 5: Employment Status of Displaced Households Occupation type Number of Members Percentage of Member Government employment Private sector employment Service sector including tourism, trade, transport, hospital Business enterprise owner/employee Migrant worker Farmer Casual worker in urban construction, enterprise, factory, Student Housewife Unemployed Total Source: IOL, SES, February Table 6: Percentage of Displaced Households by Type of Income Type of income in the household % of Household Regular wages/salary 50 Daily wages for casual labor 18 Non-waged earnings (pension, remittances, etc.) 30 Seasonal earnings 61 Source: IOL, SES, February On average the DHs had less than one member per family earning a full-time salary. None of them are below the national poverty line; (Table 7) Housing conditions varied from average housing with corrugated iron, brick/concrete as building materials (Table 8)..

18 12 Table 7: Average Number of Family Members on Full-time Earnings Working Household Members Battambang Average number of male in your household working FULL-TIME for wages/salary (Male) Number of Female in your household working FULL-TIME for wages/salary Source: IOL, SES, February House Component Roof Walls Floor Table 8: Frequency of materials of house components Materials No of Percentage of Households Households Brick/Concrete Corrugated iron Tile N/A Subtotal Wooden Wood/Brick Brick/Concrete Corrugated iron N/A Subtotal Simple (thatch/sack, bamboo, clay/earth) Wooden Wood/Brick Brick/Concrete Subtotal Poverty: Cambodia uses an absolute poverty line definition. In 2013, the Ministry of Planning (MOP) introduced new poverty lines. The revisions to the poverty lines include (a) a food poverty line based on 2,200 calories per person per day (up from 2,100); and (b) a non-food component that is estimated separately for Phnom Penh, other urban, and rural areas. Cambodia Socioeconomic Survey 2014 identified those who earned less than $33 per person per month considered living under poverty line for other urban area. The applied calculation for the DHs shows that they are all above the official poverty line (Table 9). Table 9: Annual Average Income of DPs from Different Sources Source of Income Income (USD) Total household income government or public service (including education or health) Total household income services, tourism, hospitality Total household income from trade/own business Total household income from construction Total household income from agriculture, fishing, forestry Total household income from daily or casual labor/wages 74.4 Total non-earned income government pension 68.2 Total non-earned household income government assistance/welfare 0.0 Total non-earned (non-wage/labor) household income remittances 378.8

19 13 Source of Income Income (USD) Total non-earned household income rental income Estimate of last year s income vegetables (beans, potatoes, carrots, tomatoes, etc Estimate of last year s income rice 9.7 Estimate of last year s income from other crop Estimate of last year s income from sale of livestock 0.0 Estimate of last year s income from sale of poultry (chicken, geese) 0.0 Estimate of last year s income from sell of crocodiles C. Indigenous Peoples 39. The majority of the affected community is ethnic Khmer, and no additional hardship is caused to any minority within the community due to the subproject. Among the 44 DHs of the subproject, all reported to be of Khmer ethnicity and thus the subproject at the feasibility stage does not directly or indirectly affect the dignity, human rights, livelihood systems, or culture of Indigenous Peoples or affects the territories or natural or cultural resources that Indigenous Peoples own, use, occupy, or claim as their ancestral domain resulting from Battambang WWTP site acquisition. V. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION A. Consultation and Participation 40. The Ministry of Public Works and Transport (MPWT) together with the General Department of Resettlement (GDR) will conduct meaningful consultation with DPs, their host communities, and available local civil society organizations for each subproject where involuntary resettlement impact is identified. Consultations will also include Focus Group Discussions (FGDs) with all the affected persons, including the poor and vulnerable groups and one-on-one individual consultations conducted during the census and SES. The consultation process will begin early during the project preparation stage and will continue throughout the project cycle. 41. MPWT and GDR will ensure the consultation is gender inclusive and special attention is made to ensure the participation of women and the vulnerable group of DPs, as much as possible. All efforts will be made to incorporate mitigation measures to address their concerns, where relevant and possible. 42. The Government has developed a four-step comprehensive and inclusive public consultation and participation process to carry out meaningful dialogue with the DPs, affected communities and civil society. These steps are outlined in the RF of the Project and will also apply to the RP for the Battambang WWTP subproject or any other subprojects under the Project. The role of MPWT and the GDR differ at the different steps of the consultation process.

20 14 1. First Consultation 43. The first public consultation, including one-on-one interviews during the surveys with DPs and wider community was conducted in two communes in February The meeting was arranged by the MPWT through the assistance of the provincial authorities and participated by GDR representative. A total 74 of participants (35 female) participated during the commune consultations and 44 households were individually consulted during the survey and received general information about the Project and subproject, its benefits and potential impacts, the anticipated land requirements, compensation policy and entitlements and the grievance redness mechanism. 5 The participants showed high interest in the subproject and repeatedly mentioned their expectations towards the subproject, as sewage and sanitation are topics of high importance. 44. Attending officials, as well as village representatives, households and families have been informed about the subproject in general and land acquisition and resettlement (LAR) aspects in particular. The subproject ensured that DPs and other stakeholders have (a) obtained information about LAR aspects, and (b) opportunities to participate in the LAR process, including the grievance redress. Summaries of discussions of these consultations in the form of minutes of meetings and the lists of participants of public commune meetings are presented in Appendix Key concerns of the DPs regarding the subproject, as further detailed in Appendix 3, are summarised below. Many DPs expressed concern and were unclear of the magnitude of impact from the subproject, such as exact corridor of impact (COI), current right-of-way (ROW), and how the subproject will attempt to minimize impact on their property and avoid resettlement. Majority of the DPs were very interested to know the timeline of the subproject implementation and compensation payments. The participants also had general questions on the determination of the cut-off date for eligibility, relocation of secondary structures within the remaining land, compensation for temporary impact during construction, and cost of grievance redress mechanism. 2. Second Consultation 46. The second public consultation will take place prior to the DMS stage and is undertaken jointly by the IRC-working group (WG) and Provincial Resettlement Sub-Committee (PRSC)-WG. Prior to the commencement of the DMS, consultation meeting will be held with the affected communities at the commune or village level. Consultations will also include Focus Group Discussions (FGDs) with all the affected persons, including the poor and vulnerable groups and one-on-one individual consultations conducted during the census and DMS. The PIB will be prepared and updated by the GDR with the information about the entitlements, local GRM, including contact persons, as described in this RF. The detailed guidelines on GRM will be included in the updated PIB as an attachment. The updated PIB for the subproject, its GRM attachment and the DMS Questionnaire will be made available and explained to the all attendees. DPs will be informed that they will be provided the ID cards detailing their affected assets, income and land after the DMS. 5 A project information booklet (PIB) for the subproject that was not prepared during this meeting but will be prepared prior to second public consultative meeting.

21 The updated PIB will also be shared and explained to individual DPs during the house to house DMS survey and measurements of land and property losses. The DPs will be required to confirm the loss of assets and the measurements and get a full understanding of the basis on which the compensation will be paid for the loss assets and other entitlements. 3. Third Consultation 48. The third public consultative meeting will be held prior to the signing of the agreement/contract for the compensation package and will be undertaken jointly by the IRC-WG and PRSC-WG. At this stage, the GRM is functional, the DMS and the replacement cost study (RCS) are completed, the compensation package for each DH is known and draft contracts prepared. The consultative meeting will be carried out in two parts and an advance notice of the meeting will be provided to the DHs through the commune/village council offices. In the first part, the consultation will be through a public meeting which will be held at the commune/village level for all DHs and commune/village representatives. Minutes of the meeting, including all the supporting documents (lists of participants, photos etc.) will be provided to ADB under the reporting requirements. 49. Another PIB for Compensation Package under the subproject will be prepared in advance and provided and explained to all the 44 DHs. The second part will commence soon after the completion of the first part and held on the same day. Each DH will be provided with the draft contract and the compensation amounts explained to the satisfaction of the DH on one to one basis. If any of the 44 DHs are unable to participate in the meeting, best efforts will be made to visit them at their homes or seek the assistance of the village office to make contact with them. All of the 44 DHs will be given one week to study the contract, verify the impact scope and sign it. 4. Fourth Consultation 50. The Fourth Consultative Meeting will be conducted when the compensation payments are ready to be disbursed and is undertaken jointly by the IRC-WG and PRSC-WG. The schedule for compensation payments will be informed to all of the 44 DHs at least one week in advance through the commune and village offices. The meeting will be held in a public place at the commune or village. 51. Prior to commencement of the compensation payment the 44 DHs will be informed about the GRM for the subproject, the setup of the local GRM committees in their province and the procedures that will be followed in case they have any complaints. Soon after the public consultation, compensation payments will be made on household to household basis and each DH will be provided an opportunity to seek clarifications about the compensation package prior to receiving the payment. B. Disclosure Information 52. Summaries of the approved Resettlement Framework (RF), draft RP and the detailed RP will be translated in the Khmer language and posted at the Town and Commune offices for easy and free access to the 44 DHs and the affected communities. For illiterate people, suitable other communication methods will be used based on the discussion and in consultation with the DH. They will also be uploaded in websites of the EA both in Khmer and English. Three sets of PIBs will also be prepared for the different phases of the consultative and participatory meetings (see

22 16 section on Consultation and Participation) and disseminated directly to the DPs as well as posted at the Commune or Town Offices. 53. For this subproject the GDR will submit the following documents to the ADB for disclosure on ADB s website after their approval by IRC and the ADB are obtained: The RF and this draft RP prepared during project preparation prior to completion of project appraisal (at ADB Management or Staff Review Meeting); draft RPs prepared for this subproject after approval of the Project by the ADB; the detailed RP approved by the IRC and endorsed by ADB; detailed RPs of the subproject and updates, if any; and a new RP, an updated RP, and corrective action plans prepared during subproject implementation, if any; and Semi-annual safeguards monitoring reports. VI. GRIEVANCE REDRESS MECHANISMS 54. A well-structured and functioning Grievance Redress Mechanism (GRM) will be established at the local level following standard government procedures to resolve grievances and complaints in a timely and satisfactory manner as required under the ADB SPS The Expropriation Law of the Royal Government of Cambodia (RGC) provides for a Grievance Redress Committee (GRC) to handle complaints with the additional provision for the 44 DHs to seek judicial redress in case they dispute the decision of the GRC. 55. A Provincial Grievance Redress Committee (PGRC) will be established in Battambang Provinces for this subproject or for any other subprojects to be financed and implemented under the Project in Battambang Province. The PGRC is empowered, at the administrative level, to make binding decisions on the resolution of eligible complaints. Details of the GRC will be included in the PIBs and distributed to the 44 DHs during the consultations with them. The PGRC will comprise representatives from the relevant provincial authorities and MEF as follows: Provincial Governor Chair Director of Provincial Department of Land Management, Urban Planning and Construction - Vice Chair Director of Provincial Department of MEF - Member Chief of Provincial Office of Law and Public Security - Member District Governor - Member One Representative of Local Based CSO - Member 56. The grievances will be handled thorough a 3 Step formal approach. However, prior to the First Step, the DP may informally seek the assistance of the commune chief or a community elder to discuss and find an amicable solution to the grievance with the leader of the PRSC-WG. This is done verbably and informally and no recording is required, and moreover its aim is to resolve the matter to avoid lodging formal written complaints. If this problem solving does not resolve the complaint to the satisfaction of the DP, s/he can seek the formal route for lodging the grievance as explained as below: (i) First Step: The aggrieved DP can lodge a written complaint to the Head of the District Office where the sub-project is located. The DP can bring a community elder or representative to mediate in the matter at the Distrct level. The IRC-WG will appraise the Head of the District Office about the matter. The concilliation meeting must be held and a decision taken within 15 working days after the date

23 17 (ii) (iii) of registration of the complaint by the District Office. If the complaint is resolved at the District Level to the satisfaction of the DP, the IRC-WG will inform GDR s Department of Internal Monitoring and Data Management (DIMDM), which will review and seek the approval of the Director General, GDR for appropraite remedial action. The DP will be informed in writing by the GDR of the decision and the remedial action that will be taken within 15 working days from the receipt of the letter from the District Office. If the complaint is rejected at this stage, the District Office will inform the DP in writing and if the DP is not satisfied with the result, s/he can proceed to the next step and lodge a writen complaint to the GDR for resolution. Second Step: The GDR through its DIMDM will carry out a holistic review of the complaint and submit a report on its findings with the relevent recommendations, if any, to the Director General, GDR for a decision. It may also conduct a field visit to meet the agrieved DP and the IRC-WG to gather the relevant details. The final report must be completed within 30 working days from the date of reciept of the complaint and submited to the Director General, GDR for a final decison within 5 working days of receipt of the final report. In the event that the subject matter requires a policy level intervention, it will be refered to the IRC for a decision in which case 10 more working days will be added to the deadline for final decision. Third Step: The DP will submit a written complaint with the PGRC through the Provincial Governor's Office. The DP or a representtative will be given an opportunity to present its case during the meeting and the PGRC may consider any compelling and special circumstances of the DP when reaching a decision. The GDR will send a representative, as a non-voting member, to provide explantion for the rejection of the complaint at the second step by the GDR. The decision of the PGRC must be reached on a consensus basis and will be final and binding except when the matter relates to any policy of the Government. Decisions on Government policy matters on LAR is decided by the IRC. The PGRC will have 40 working days from the date of reciept of the complaint to reach a final decision. The decision of the PGRC will be sent to the IRC through the GDR for endorsement before taking any remedial action. 57. The handling of the complaint at the administrative ends at the Third Step. There are no fees or charges levied on the DP for lodging and processing of the complaints under the First, Second and Third Steps. 58. However, as provided for in the Expropriation Law, the agrieved DP can file a suit at the Provincial/Municipal Courts, as applicable, to seek a resolution. Such actions will be at the cost of the DP. At this stage, there is no involvement of the GDR, PRSC or IRC-WG unless there is a judicial order from the competent court. 59. If a DP is still not satisfied and believes s/he has been harmed due to non-compliance with ADB policy and s/he has made good faith efforts to solve the problems by working with the ADB Project Team, s/he may submit a complaint to ADB s Office of Special Project Facilitator or Office of Compliance Review in accordance with ADB s Accountability Mechanism. The information can be found at The GDR will circulate the Guidelines for Grievance Redress Mechanism to the 44 DHs, at the detailed RP, when this draft RP will be updated following the DED. These guidelines will outline each of the above Steps and also includes the administrative procedures for receiving and

24 18 redressing complaints during the consultative meetings described in the Consultation, Participation and Disclosure section of this draft RP. VII. LEGAL FRAMEWORK 61. This draft RP is prepared based on the applicable legal and policy framework of the Royal Government of Cambodia (RGC), and ADB's Safeguards Policy Statement (SPS), It describes the key legal and regulatory documents of the RGC pertinent to land acquisition and resettlement as well as the key principles of the ADB SPS, analyzes the gaps and provides gap filling measures for this subproject and any other subprojects to be financed under the Project. A. Relevant Laws and Regulations of Royal Government of Cambodia 62. The 1993 Constitution of Cambodia sets the key principle for land acquisition in the public interest. The first is Article 44 which stipulate that expropriation of ownership shall be exercised only in the public interest as provided by law and shall require fair and just compensation in advance. 63. 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. 64. 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 must 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. 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. 65. Other provisions of the Land Law that are relevant to land acquisition, compensation and resettlement include: 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 6). Any regime of ownership of immovable property prior to 1979 shall not be recognized. (Article 7). 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 public service, such as public schools, public hospitals or administrative buildings. (Article 15). 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 for roads and railways. Moreover, failure to vacate illegally occupied land in a timely manner is subject to fines and/or imprisonment. (Article 19).

25 19 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 26). Persons with legally valid possession of land for five years (at the time the law came into effect-2001) can be registered as the owner of the land (Article 30). 66. The 2010 Expropriation Law, passed by the National Assembly on 29 December 2009 and promulgated by the King on 4 February 2010, contains 8 Chapters with 39 Articles. It provides clear procedures on acquiring private properties for national and public interests. Some of the Key Articles of the Law are listed below: Article 2: the law has the following purposes: (i) ensure just and fair deprivation of a legal rights to private property; (ii) ensure prior fair and just compensation; (iii) serve the national and public interests; and (iv) 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 11: Before exercising any expropriation, the government shall prepare enough annual budgets, and grant adequate and timely fund to the Expropriation Committee at the request the MEF for compensating the owner of and/or holder of real right to the immovable property by the expropriation. Article 12: An Expropriation Committee shall be established and headed by a representative from the 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 [Sub Decree No 22 ANK/BK promulgated on 22 February 2018]. Article 16: Before proposing an expropriation project, the Expropriation Committee shall publicly conduct a survey with detailed description about the owner and/or rightful owner of the immovable property and other properties which might need compensation; and all other problems shall be recorded as well. In conducting this survey, the Expropriation Committee shall arrange a public consultation with the authorities at provincial, district and commune level, the commune councils and village representatives or the communities affected by the expropriation to give them clear and specific information and to have all opinions from all concerned parties about the proposed public infrastructure project. 61. Sub Decree No. 22 ANK/BK promulgated on 22 February 2018 on the Standard Operating Procedures (SOP) for Land Acquisition and Involuntary Resettlement for Externally-Financed Projects sets out the policies, regulations and procedures for carrying out LAR that will apply to this subproject and to any other subprojects to be financed under the Project. 62. The SOP provides for the use of Development Partners Safeguard Policy and for gap filling measures where the provisions of the SOP conflict with the Development Partners mandatory safeguard requirements.

26 Other Relevant Laws and Regulations: MEF Sub-Decree No. 115 dated 26 May 2016 on promoting Resettlement Department to GDR provides mandate to the GDR to lead all resettlement activities including preparation of RP, implementing, and internal monitoring of the RP. ADB Safeguards Policy Statement (SPS). B. ADB Policy on Involuntary Resettlement 64. The objectives of the ADB SPS (2009) are to: (i) avoid involuntary resettlement, wherever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives; (iii) enhance or at least restore the livelihoods of all DPs in real terms relative to pre-project levels; and (iv) improve the standards of living of the displaced poor and other vulnerable groups. 65. The involuntary resettlement safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of: (i) involuntary acquisition of land or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It also covers whether such losses and involuntary restrictions are full or partial, permanent or temporary 66. ADB s Involuntary Resettlement Policy principles include: Screen early to identify involuntary resettlement impacts and risks and determine the scope of resettlement planning through a survey and/or census of DPs, including a gender analysis, specifically related to resettlement impacts and risks. Carry out meaningful consultations with DPs and affected local communities. Inform all DPs of their entitlements and resettlement options and ensure their participation in planning, implementation, monitoring and evaluation of resettlement and pay attention to the needs of vulnerable groups especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the DPs concerns. Support the social and cultural institutions of DPs and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be prepared by a social preparation phase. Improve, or at least restore, the livelihoods of all DPs through (i) land-based 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, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. Provide physically and economically DPs with needed assistance, including the following: (i) 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; (ii) transitional support and development assistance, such as land development, credit facilities,

27 21 training, or employment opportunities; and (iii) civic infrastructure and community services, as required. Improve the standards of living of the displaced poor and vulnerable group 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 to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. Ensure that DPs without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. Prepare a RP elaborating on DPs 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 on the consultation process in a timely manner before project appraisal, in an accessible place and a form and language(s) understandable to DPs and other stakeholders. Disclose the detailed resettlement plan and its updates to all DPs 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 costs 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 RP under close supervision throughout project implementation. Monitor and assess resettlement outcomes, their impacts on the standards of living of DPs, and whether the objectives of the RP have been achieved by considering the baseline conditions and the results of resettlement monitoring and disclose monitoring reports. C. Other Considerations 67. Indigenous peoples. Sub-projects involving involuntary resettlement of Indigenous People will not be considered under this Project Gender. Gender concerns and issues will be considered in resettlement planning. Gender differentiated benefit-sharing measures are included in the resettlement plans to ensure that the women and men of the households are treated equally. 69. Key gaps between ADB s SPS and the RGCs legislation on land acquisition and involuntary resettlement have been identified and gaps filling measures have been incorporated in the Annex 1 of the RF (Comparison of ADB s SPS (2009) and RGC s legislation) and is further reflected in the Entitlement Matrix in this draft RP. 6 Indigenous people will be identified in accordance with ADB SPS Safeguards Requirement 3.

28 22 VIII. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Eligibility 70. Eligibility is determined by the Cut-off Date of 16 February 2018, which is the start date of the first public consultation meeting with the DHs during the census. The established cut-off date was disseminated through the consultation meetings with the communities and through the village chiefs. In total, 44 DHs have been identified through the census and determined to be eligible for compensation and allowances. Those who encroach into the subproject area after the cut-off date will not be entitled to compensation or any other assistance, except if changes in the subproject design or additional land take entail a modification of the subproject area. 71. This draft RP will be updated and finalized based on the DED and reviewed by ADB prior to disclosure to ADB website. This will be based on 100% census, 100% inventory of losses and socio impact assessment of the 44 DHs. The GDR will include detailed measures for income restoration and livelihood improvement of DH s in the Detailed RP (DRP). No economic or physical displacement of DH s will take place before compensation and assistance at full replacement cost and all entitlements are paid in accordance with the DRP. B. Entitlements 72. An Entitlement Matrix (Table 10) has been prepared for the subproject considering all possible potential impacts identified at feasibility stage. The RF and its Entitlement Matrix will guide the eligible entitlements and allowances at the DRP stage, if additional impacts are found resulting from DED. This subproject level matrix shows the exact types of losses, entitled persons and units of entitlements as identified during the census and IOL. The entitlements in Table 10 below may not cover all types of impacts and will be enhanced or improved in the detailed RP based on the findings of the social assessment and subproject LAR impacts during the DED stage, but not downgraded in case there will be LAR related impacts identified and/or arose during the subproject implementation stage.

29 23 Table 10: Entitlement Matrix for Land Acquisition and Involuntary Resettlement Cat. Type of Loss Loss of Land 1a Loss of Land Agricultural, residential and commercial land Application Category of DH Entitlements Clarification / Implementation Legal owners and holders of real right of land, including those covered by customary rights Cash compensation for land at full replacement cost or land swap of equal productive value. Provision of stamp duties, land registration fees and other similar taxes, if applicable, for acquiring legal rights in case of replacement land (land for land swap) If land for land is offered, replacement land equal in area, quality and category and with registered title or secure tenure title will go to both husband and wife. Includes option of compensation at same replacement cost for affected land that remains after partial acquisition if remaining land becomes unviable or unusable. Applies to only partial loss of land and where the DH agrees. The remaining land if/when required for improvement, will be estimated by RCS at no cost to DPs (e.g., land filling and levelling). DHs will vacate the land after one month after compensation has been offered Loss of Use of Land 2a Loss of Crops, and Fruit and Trees Agricultural land All AHs who are engaged in farming regardless of ownership/tenure status For customary ownership, replacement land to sustain livelihood and way of life. Land registration, stamp duty and other fees to register land ownership or right to use will be reimbursed at cost. For fruit trees, replacement cost of loss based on following formula: [(Quantity Harvested per Year) X (Market Price) X (Number of years it will bear fruit)] + Cost of Seedling] Perennial trees that have a growth period of more than 5 years are classified as follows: Replacement cost study (RCS) will determine the amounts. Market Price is based on Farm- Gate Price. Full Price is amount calculated from the formula as shown below: Sapling Trees under 1 yearnot compensated as it can be replanted. Young Tree (1 to 3 years): Valued at 1/3 of its full price as it can be replanted plus cost of seedlings [Quantity Harvested per Year) X (Market Price) X (Number of Years it will bear fruit]

30 24 Cat. Type of Loss Loss of Houses and Structures 3a Loss of Houses and Structures 3b Loss of Houses and Structures Application Category of DH Entitlements Clarification / Implementation Young Tree (More than 3 to 5 Number of years) bearing some fruits: valued at 2/3 of its full price Years is up to maximum of 5. plus cost of seedlings Advance notice to harvest at least three months before commencement of civil work, and DPs will remove their crops and trees from the subproject areas within one month after receiving compensation. Residential, commercial structures and other assets Residential, commercial structures and other assets Owners of houses, buildings and structures Illegal occupiers/encroachers/squatters Cash compensation equivalent to replacement value of lost portion of the house/building/structure. If the owner rents or leases, compensation for any improvements/construction carried out by the renter/leaseholder will be deducted from the compensation payment to the owners. In case of loss of only part of the houses/buildings/structure and the remaining portion is not livable or useable, compensation will be paid for the structure at its entirety at same replacement cost. In case houses/buildings are rented or leased, owners will not be compensated for any improvements or construction added by the renters or leaseholders. DH can retain the materials from demolition of their houses or buildings or structures at no cost. Cash compensation equivalent to replacement value of loss of structures constructed by illegal occupier/squatter. DPs can retain the materials from their demolished structures. RCS will determine the replacement cost RCS will determine replacement value.

31 25 Cat. 3c Type of Loss Loss of Houses and Structures (Transport Allowance) Application Category of DH Entitlements Clarification / Implementation Transport All DHs Fixed Lump Sum allowance The lump sum allowance per DH based on average amount for the 2 for salvage cost of transportation to new rates will be materials relocation place located at calculated during and the distance of: the RCS household Less than 5 km from the goods affected plot More than 5 km from the affected plot Loss of Livelihood and Income Restoration 4a Loss of business Income loss ALL DHs who are engaged in business and have to relocate. For businesses which need to be relocated to a new site, an amount equal to loss of projected net income for two months. For businesses relocated on-site (move back or same area), an amount equal to projected net income for one month. RCS will verify and determine the amounts based on supporting documents. 4b Loss of Income during Transition Period - Subsistence Allowance Income Loss DHs who lose income during the transition period regardless of ownership status. Lump sum amount equivalent to 3 months of income based on the official monthly poverty rate established by the government. Monthly Poverty Rate X Number of Members in DH X 3 In case DH is classified as poor and vulnerable group, the above lump sum amount is doubled Vulnerable DHs will be identified during the SES, IOL and DMS (that includes SES and IOL) If the actual income loss is higher than the set minimum, the DP will be compensated based on actual loss.

32 26 Cat. 5c Type of Loss Permanent Loss of Livelihood Source due to physical relocation Application Category of DH Entitlements Clarification / Implementation Income DHs who lose their source of Restoration livelihood permanently. Entitled to participate in any one of the Livelihood Restoration/Support Programs: Land Based Livelihood Restoration for DHs engaged in land-based livelihood. (i) facilitate access to other land-based sources of income, if affordable productive land is available, like vegetable gardening, fruit tree, livestock and other similar land-based income generating sources; (ii) provision of training in farming or livestock; and (iii) lump sum cash grant of US$ 200 to re-start land based livelihood. In case of unavailability of suitable land, the DHs can opt for either employment or business-based livelihood program. Employment Based Livelihood Restoration for DHs who lose employment permanently. (i) provision of employment skills training; and (ii) lump sum cash grant equivalent to 3 months of income based on official poverty rate to supplement income support during the training period. Business Based Livelihood Restoration for DHs who lose businesses permanently or DHs who opt for this as an alternative livelihood source. (i) provision of business skills; and (ii) a lump sum cash grant of US$ 200to assist in starting micro or home-based business. For Poor and Vulnerable DHs. In addition to skills training, (i) above lump sum cash grant will be doubled; and (ii) priority in any employment opportunity under the Project. The program will be based on the choice of the DP. Land Based for DHs who lose landbased livelihood. Employment Based for DHs who lose employment - based livelihood 3 months of income based on poverty rate= (Monthly Poverty Rate X Number of Members in DH X 3). Business Based for DHs who lose business-based livelihood. This can also be available to DHs who do not want to continue with land or employmentbased livelihood at their own choice. Classification will be carried out during the DMS and in accordance with the established criteria determined in the RF and specified during the RP preparation.

33 Public and Community Infrastructure. The existing public infrastructure such as poles as identified during the IOL and census will be removed and replaced in the same locality to provide similar or better public services. This will be done by the MPWT in coordination with the relevant authorities. C. Principle of Replacement Cost 74. All compensation will be based on the principle of full replacement cost as required by the ADB SPS (2009) To conduct a replacement cost study (RCS), the GDR will recruit one professional independent appraiser/firm (RCS Consultant) in all the sub-project areas during the DMS in order to determine compensation rates reflecting current market prices for (i) agricultural, residential and commercial land; (ii) different types of affected structures; and (iii) crops and trees; business losses; transportation cost; allowance for essential basic infrastructure services; timber/fence trees include under the crops and trees. Details of the RCS consultant recruitment are reflected in the RF for the Project and will be fully applied during the preparation of the Detailed RP following the detailed design. 75. Replacement costs of land. For this draft RP for estimating the resettlement costs and budget, replacement costs of land, was done through interview households that have recently bought or sold land to collect the evidence of the rate of land transaction; and, interview households who are looking for properties to sell or buy within and around the sub-project area, following the principles defined in the RF. 76. Replacement cost of crops and trees. For this, interviews were conducted with owners, market vendors and seedling suppliers to determine the current selling farm gate price of fruits or crops in the area and compensated accordingly to the formula as shown in the Entitlement Matrix. This serves the basis for estimating the costs at draft RP stage, but will be updated through a formal RCS at the detailed RP preparation stage. IX. RELOCATION 77. There is no physical relocation envisaged under the Battambang WWTP subproject based on the feasibility stage findings. The sewer system will be installed in the ROW and minimal impact is anticipated. If the detailed engineering design results in any impact requiring relocation, this will be addressed in accordance with the principles detailed in the RF prepared for the Project, approved by the IRC and concurred by ADB. X. INCOME RESTORATION AND REHABILITATION 78. The 18 DPs (6 female widowed household heads and 18 elderly household heads) have been identified as vulnerable. Thus, they will be entitled for income restoration program (IRP). The existing income restoration may be either in the form of cash grants for DPs to seek new or upgrade their skills or through an income restoration program depending on the numbers who opt for such a program. The cash grant will determined by the RCS as show in the entitlement matrix. In case the DHs opt for an income restoration program, the program will be provided for a period of minimum one year. 79. The option will be decided at the time of the DMS. If required, an income restoration program (IRP), including the period and mechanisms for implementation, will be designed during the RP update with the full participation of eligible DHs. In addition, the DPs will have priority for employment in the subproject during implementation phase if they chose to. The updated RP,

34 28 including IRP, will be submitted for approval by IRC and ADB. IRP will be implemented by an independent agency hired by IRC. XI. RESETTLEMENT BUDGET AND FINANCING PLAN A. Funds Flow and Management 80. The cost for all land acquisition, compensation, resettlement assistances, including the cost of any income restoration or support program, if required, for the subproject will be financed from the national budget by RGC as counterpart funds for the Project. The cost of the preparation of the detailed RP will be met from the overall administrative and operation budget of the GDR. No financing will be required from the loan proceeds of the Project provided by the ADB. Estimated budget will be prepared on the basis of the latest item rates within the sub-project area, following the preliminary census and inventory of sub-project affected assets and reflected in the draft RP. The final budget for LAR will be prepared after the completion of the DMS, updated IOL, and RCS and will be included in the DRP. 81. The GDR will be responsible and accountable for all financial management functions relating to the use of the budgeted funds. The Government will set up a designated account, called the Counterpart Funds Account for the Project in the National Bank of Cambodia which is used for expenditures for the implementation of the detailed RP. 82. There is no physical relocation envisaged under the Battambang WWTP subproject based on the feasibility stage findings. The sewer system will be installed in the ROW and minimal impact is anticipated. If the detailed engineering design results in any impact requiring relocation, this will be addressed in accordance with the principles detailed in the RF prepared for the Project, approved by the IRC and concurred by ADB. B. Indicative Resettlement Budget 83. The indicative resettlement budget for the implementation of this draft RP including income restoration program for Battambang WWTP subproject and the cost of land acquisition for the construction of WWTP is estimated about USD 54,918 and is based on a preliminary IOL data of affected assets. The budget will be finalized after the DMS and the RCS to be conducted by an independent consultant recruited by the IRC. The RGC will ensure timely provision of funds for resettlement and will meet any unforeseen obligations in excess of resettlement budget to satisfy resettlement objectives. The fund flow and management outlined in the RF for the Project will apply to Battambang WWTP subproject and all other subprojects to be financed under the Project. An itemized breakdown of the estimate is in Error! Reference source not found.. Table 11: Estimated Resettlement Budget Item Description Unit Area/Count Unit Rate Amount (USD) A. Land 1, Agriculture land DH Land use DH B. Main Structure and Secondary Structures 34, Main house m , Hut/shed m Shop/kiosk m , Stable/animal pen m ,515.00

35 29 Item Description Unit Area/Count Unit Rate Amount (USD) 7 Wall or fence m 1, , Roof extension m , C. Crops and Trees 2, Mango Tree , E. Allowance and Other Entitlements E1. Transportation Allowance 22 Transportation/setback of No , structures E2. Living Allowance 23 Store/Stall/Shop No E3. Income Loss 24 Un-registered business No E4. Assistance to Vulnerable Group 25 Vulnerable DHs DHs , E5. Income Restoration Program 26 Support to vulnerable DHs DHs , TOTAL DIRECT COST 43, Administrative Cost (15%) 6, Contingency (10%) 4, GRAND TOTAL 54, XII. INSTITUTIONAL ARRANGEMENT A. Institutional Arrangement 84. Ministry of Public Works and Transport (MPWT). The Project/subproject will be implemented by MPWT as the executing agency through the Project Management Unit (PMU), which will support MPWT in undertaking overall oversight and management of the Project. It will be supported by consultants to ensure that procedures are followed and that the implementation schedules are kept on track. However, it will not be responsible for carrying out the land acquisition and resettlement activities which is mandated to the General Department of Resettlement (GDR), except for the preparation of the RF and the feasibility stage RPs. The institutional arrangements outlined in the RF for the Project will be followed for the RP for the Battambang WWTP subproject and all other subprojects to be financed under the Project. 85. Inter-Ministerial Resettlement Committee (IRC). The IRC has the mandate to review and evaluate the resettlement impact and land acquisition for public physical infrastructure development projects in the Kingdom of Cambodia. The IRC is a collective entity, permanently chaired and led by the Ministry of Economy and Finance (MEF), with members from different line ministries. The IRC carries out its roles through a Working Group (IRC-WG) which is established by MEF for each public investment project. The IRC is the approving authority for all RFs, draft RPs, and detailed RPs prior to submission to the ADB for its approval. 86. General Department of Resettlement (GDR). The GDR is the permanent Secretariat of the IRC and the General Department of the MEF and is the lead agency for the preparation, implementation, and monitoring and reporting of Land Acquisition and Involuntary Resettlement (LAR). The GDR carries these activities through its Resettlement Department. However, the preparation of the RFs and feasibility study level RPs will be carried out by MPWT with the assistance of Project Preparatory Consultants (PPCs), under the guidance of GDR and will be reviewed and endorsed by the GDR before submission to the IRC for approval. The GDR is

36 30 responsible for all other LAR activities, including preparation of Detailed Resettlement Plans (DRPs) Grievance Redress Mechanism (GRM) (maintenance of the Grievance Database, update and reporting) and preparing RP Compliance report upon completing compensation payment and RP implementation. 87. Cadastral Administration Office. The Cadastral Administration Offices under the Ministry of Land Management, Urban Planning and Construction is responsible for issuing titling documents, including the certificate of land use rights, hard titles and social land concession as part of securing tenure for landless and issuing title documents for the land plots acquired in favor of MPWT. 88. Project Management Unit (PMU) under MPWT. A dedicated PMU has been established in MPWT to carry out the day-to-day tasks in the overall implementation of the Project. In respect of LAR, the PMU will be responsible for the preparation of the RF and the draft RPs with the assistance of the PPCs and/or the design and implementation support consultants. The GDR will provide overall directions and guidance and participate in the public consultation, as it deems necessary. 89. The specific tasks of the PMU related to LAR are as follows: (i) (ii) (iii) (iv) (v) (vi) submit the Mission Aide Memoire or Memorandum of Understanding to GDR and seek endorsement of provisions relating to LAR; submit the RF and feasibility stage RPs to GDR for review and endorsement prior to the approval of the IRC; participate as a member of the IRC-WG and assist the Provincial Resettlement Sub-Committee Working Group (PRSC-WG) in carrying out the LAR tasks at the provincial level; ensure that GDR participates and carries out all safeguard reviews during project review missions; participate in the Detailed Measurement Survey (DMS) and public consultations; and advise GDR in case of any resettlement bottleneck hampering or having the potential to delay the construction activities. 90. Inter-Ministerial Resettlement Committee Working Group (IRC-WG). The IRC-WG will carry out the day-to-day LAR activities under the project which is led by the Deputy Director/Chief of the Department of Resettlement of the GDR and comprise technical PMU staff of the EA/implementing agency (IA), staff of the Resettlement Department and staff of the Ministry of Land Management, Urban Planning and Construction. The IRC-WG will be responsible for all the field work under the supervision of the Director of the Resettlement Department and overall guidance and direction of the Director General of the GDR. 91. Provincial Resettlement Sub-Committee (PRSC). The PRSC is established by the Provincial Governor at the request of the IRC for each project and comprises (i) the Provincial Governor or the Deputy Provincial Governor as the Head, (ii) Provincial Department Directors of the Line Ministries represented in the IRC, and (iii) the respective chiefs of the Districts and Communes of the locations affected by the project as Members. 92. The role of the PRSC is as follows:

37 31 (i) (ii) (iii) (iv) provide the coordination and supporting role to the GDR, IRC and IRC-WG for LAR activities at the local level; ensure all relevant provincial and local government authorities provide the necessary support for LAR; manage the public consultation meetings at Provincial Level; and responsible and accountable for the disbursements of the compensation payments at the provincial level. 93. Provincial Resettlement Sub-Committee Working Group (PRSC-WG). The PRSC-WG is established by the Provincial Governor and is mainly responsible for technical functions of the PRSC and works with the IRC-WG in carrying out the LAR activities at the provincial level. 94. In addition to supporting the PRSC, the PRSC-WG has the following specific functions: (i) facilitate all public consultation and information disclosure meetings and maintain records; (ii) cooperate with IRC-WG in carrying out DMS and Inventory of Losses (IOL) and in the implementation of the approved detailed RP; (iii) lad the payments of compensation to DPs; and (iv) prepare monthly progress reports on all LAR activities at the provincial level and submit to PRSC and GDR. 95. Project Management Consultant (PMC). The PMC reports to the PMU and will carry out the detailed engineering design (DED) of the sub-projects. With respect of LAR, the PMC s role is limited to identifying any LAR issue that is causing or has the potential to cause delays in the construction activities. The PMC, through the PMU, will promptly inform relevant Resettlement Department of the GDR about the issue and assist the GDR and MPWT, as needed, to seek a resolution of the problem. B. Capacity Assessment of Implementation Agencies 96. The capacity of the relevant agencies is sound. The GDR has acquired extensive experience over the last decade in carrying out LAR activities in donor financed projects, including those financed by ADB. The IRC-WG and the PRSC have gained a lot of field experiences. The capacity of agencies is supported by a clear set of operational and administrative guidelines (or instructions) that are elaborated in the SOP for Land Acquisition and Involuntary Resettlement for Externally-Financed Projects (promulgated under Sub Decree No. 22 ANK.BK) to ensure consistency in carrying out various LAR tasks. GDR s capacity is augmented by in-house consultants. XIII. IMPLEMENTATION SCHEDULE 97. After the DED, this draft RP will be updated using the results of DMS and RCS. All affected DHs will be compensated for their loss of assets prior to the commencement of civil works. Civil works cannot commence until compensation is paid in full for all the losses, including loss of income, if any, where these impacts are identified, according to the provisions of this draft RP. However, civil works may commence in subproject or sections where there are no such impacts. It is expected that upon completion of the DED and, if the impacts are confirmed, the compensation payments are completed within a period of two months and the ROW for WWTP would be without encumbrances. Thereafter, MPWT will issue a notice of possession to the contractors in specific sites for construction.

38 The tentative implementation schedule for resettlement actions is in Table 12 below. Table 12: Tentative Resettlement Schedule Activities Schedule Preparation and Finalization of initial RP during PPTA April 2018 Approval of initial RP (both IRC and ADB) during PPTA May 2018 Disclose RP on Project and ADB websites during PPTA May 2018 DMS, RCS and additional SES October 2018 Update the RP January 2019 Approval of Updated RP (both IRC and obtain ADB) February 2019 Disclosure of the Updated RP on Project and ADB websites March 2019 Start implementation of the updated RP February 2019 First semi-annual safeguards compliance monitoring report July 2019 Contracts for civil works April 2019 No objection for civil work/start of Civil work April 2019 Completion of Civil Works May 2021 XIV. MONITORING AND REPORTING 99. While the MPWT will be responsible for monitoring of the overall implementation of the Project, the GDR will be responsible for the monitoring and reporting of the implementation of the LAR Internal Monitoring. The objective of internal monitoring will be to (i) measure and report on the progress in the preparation and implementation of the detailed RP; (ii) identify problems and risks, if any, and the measures to mitigate them; and (iii) assess if the compensation and rehabilitation assistance are in accordance with the provisions under the detailed RPs External monitoring will not be required as Battambang wastewater subproject is classified as Category B and it includes involuntary resettlement impacts that are not deemed significant GDR s DIMDM will be responsible for carrying out the internal monitoring which will review the quarterly progress reports provided by the relevant Resettlement Department, including fielding its own missions to verify the progress and the validity of the data and information, where necessary. The DIMDM will validate that the (i) entitlements and the corresponding compensation are paid in accordance with the Entitlement Matrix in the detailed RP; and (ii) GRM is functioning as per the guidelines The GDR will provide MPWT a quarterly progress report and submit semiannual progress report to the ADB. There will be one monitoring report covering all subprojects. An indicative list of internal monitoring indicators is provided in the RF External monitoring will not be required as the Kratie subproject is classified as Category B and includes involuntary resettlement impacts that are not deemed significant.

39 33

40 34 Appendix 1 LAND ACQUISITION REFERENCE DOCUMENT

41 Type of land Appendix 2 35 Translation of Land Title Transfer Record No.: B X-0074 ID: រ 22/ហ 15/D 8 Paddy field Size Ha A m IM Vert and Land title record Changes Remark Name and Date and Background Nationality Inscription letter Charge Surname Place of summary of the on real Both husband birth land and court estate and Wife verdict Ms. KUCH Heurt (Husband-Wife) CHHAI Heng and Ms. PHORN Roeurm (Husband-Wife) Ministry of Economic and Finance 1959 Norea commune 1956 Norea commune 1946 Kampong Speu province 1947 Kampong Speu province Father: Kong Mother: Kong Father: Kuch Mother: Horn Father: Chhai Mother: Pom Father: Phorn Mother: Reum Cambodian Cambodian Cambodian Cambodian From D.L to IM Vert and Ms. KUCH Heurt according to log issued on ល.រ Aa074 IM Vert and Ms. KUCH Heurt totally sold to CHHAI Heng and Ms. PHORN Roeurm, issued letter on ល.រ Ac010 CHHAI Heng and Ms. PHORN Roeurm totally sold to Ministry of Economic and Finance, issued letter on ល.រ Ac028 From No. B 10

42 Type of land 36 Appendix 2 No.: B X-0075 ID: រ 22/ហ 15/D 8 Paddy field Size Ha A m IM Vert and Land title record Changes Remark Name and Date and Background Nationality Inscription letter Charge Surname Place of summary of the on real Both husband birth land and court estate and Wife verdict Ms. KUCH Heurt (Husband-Wife) CHHAI Heng and Ms. PHORN Roeurm (Husband-Wife) Ministry of Economic and Finance 1959 Norea commune 1956 Norea commune 1946 Kampong Speu province 1947 Kampong Speu province Father: Kong Mother: Kong Father: Kuch Mother: Horn Father: Chhai Mother: Pom Father: Phorn Mother: Reum Cambodian Cambodian Cambodian Cambodian From D.L to IM Vert and Ms. KUCH Heurt according to log issued on ល.រ Aa075 IM Vert and Ms. KUCH Heurt totally sold to CHHAI Heng and Ms. PHORN Roeurm, issued letter on ល.រ Ac011 CHHAI Heng and Ms. PHORN Roeurm totally sold to Ministry of Economic and Finance, issued letter on ល.រ Ac029 From No. B 10

43 Type of land Appendix 2 37 No.: B X-0108 ID: ថ/ 7 D 8 Size Ha A m ROURB Tha and Land title record Changes Remark Name and Date and Background Nationality Inscription letter Charge Surname Place of summary of the land on real Both husband birth and court verdict estate and Wife Ms. TOUCH Theab (Husband-Wife) Ministry of Economic and Finance 1958 Norea commune 1961 Norea commune Father: Rourb Mother: Thuch Father: Touch Mother: Sambath Cambodian Cambodian From D.L to ROURB Tha and Ms. TOUCH Theab according to log issued on ល.រ Aa106 ROURB Tha and Ms. TOUCH Theab totally sold to Ministry of Economic and Finance, issued letter on ល.រ Ac030 From No. B

44 Type of land 38 Appendix 2 No.: B X-0110 ID: D 8 Size Ha A m Ministry of Economic and Finance Land title record Changes Remark Name and Date and Background Nationality Inscription letter Charge Surname Place of summary of the land on real Both husband birth and court verdict estate and Wife From D.L to Ministry of Economic and Finance according to consolidated report of the public announcement of judgment document issued on ល.រ Aa108

45 Appendix 3 39 PUBLIC CONSULTATION SECOND URBAN ENVIRONMENTAL MANAGEMENT IN THE TONLE SAP BASIN PROJECT List of Participants in the Public Consultation Meeting at Battambang City Venue: Romchek 3 Village Center Date: 16-Feb-2018 No Name Sex Position Name of Village Phone Number 1 Sorn San M Seller Rom Chek 3 Village PaPenBoraplorng F Seller Rom Chek 3 Village KrouchSomAul M Council RottanakCommunce NgunSomAul M Deputy Village Chiefs Rom Chek 3 Village TepChomroeurn M Seller Rom Chek 3 Village Tum Vutha M Chef Rom Chek 3 Village ChabSoksan F Staff Rom Chek 3 Village Dy Sovann M Seller Rom Chek 2 Village ChheanKimchoun M Concil RottanakCommunce Hai Thyti M Seller Rom Chek 2 Village VongVeit M Village Chiefs Rom Chek 2 Village Touch Phany M Village Chiefs Rom Chek 3 Village NouChhvivann M DPWT officer Song Soeung M City Hall officer Battambang CheoungSrov M Farmer Rom Chek 2 Village NeangSreynaet F Surveyor Barefoot PhaiSopha F Surveyor Barefoot SounPanha F Surveyor Barefoot ChreoumSombo M Survey Team Leader Barefoot Total : (Female: 5, Male: 14)

46 40 Appendix 3 SECOND URBAN ENVIRONMENTAL MANAGEMENT IN THE TONLE SAPBASIN PROJECT List of Participants in the Public Consultation Meeting at Battambang City Venue: Beng Village, Teukvil Commune Date: 16-Feb-2018 No Name Sex Position Name of Village Phone Number 1 MutHak M Village Chiefs Beng Village Touch Sinat M Deputy Village Chiefs Beng Village 3 NeivLeang M Farmer Beng Village 4 Lun Sot M Farmer Beng Village 5 ChhartSarouen F Farmer Beng Village 6 ThlangLuk F Farmer Beng Village 7 Phin Yang F Farmer Beng Village 8 SorSavouen F Farmer Beng Village 9 Tuy Neat F Farmer Beng Village 10 Ban Sophy F Farmer Beng Village 11 Chung Dun F Farmer Beng Village 12 KhaoSophanni F Farmer Beng Village 13 Vann Soveat F Farmer Beng Village 14 Lai Somatra F Farmer Beng Village 15 Thea Net F Farmer Beng Village 16 Chhum San F Farmer Beng Village 17 Sort Yen F Farmer Beng Village 18 HounChanva F Farmer Beng Village 19 NongKemban M Farmer Beng Village 20 Laem Dout M Farmer Beng Village 21 Tuy Yum M Farmer Beng Village 22 Net Leng F Farmer Beng Village 23 Han Kheout F Farmer Beng Village 24 Aok Van M Farmer Beng Village 25 ChornChandy M Farmer Beng Village 26 Sory Rom M Farmer Beng Village 27 SorPhala M Farmer Beng Village 28 SovSavet F Farmer Beng Village 29 Seoum Phan F Farmer Beng Village 30 VeounMey M Farmer Beng Village 31 EngKemleang M Farmer Beng Village 32 PheounSavei F Farmer Beng Village 33 EmCheour F Farmer Beng Village 34 YaChanna M Farmer Beng Village 35 HeiPheap M Farmer Beng Village 36 Lung Rottanak M Farmer Beng Village 37 Yum Yet F Farmer Beng Village 38 Sous Yit F Farmer Beng Village 39 Sous Thun F Farmer Beng Village 40 SievNoung F Farmer Beng Village 41 Yum Yeout F Farmer Beng Village 42 TuyPorchanvichentra M Farmer Beng Village 43 CheoubTheoun F Farmer Beng Village 44 ChounSaret F Farmer Beng Village 45 ChhutKheoun M Farmer Beng Village 46 AngYeoung F Farmer Beng Village 47 CheoumChim M Farmer Beng Village 48 PumPean M Farmer Beng Village 49 Cheng Sokha F Farmer Beng Village 50 SokPhaly M Officer (DPWT) 51 TuyYorn M Farmer Beng Village 52 EmSok F Farmer Beng Village 53 Touch Vun M Farmer Beng Village 54 Touch Svang M Communce Chiefs Beng Village Total: 54 (Female: 30, Male: 24)

47 Appendix 3 41 SECOND URBAN ENVIRONMENTAL MANAGEMENT IN THE TONLE SAP BASIN PROJECT Minutes of the Public Consultation Meetings Name of Sub-project: Battambang Town, Battambang province Country: Cambodia Date: Place: Sangkat Facilitator: Mel Sophanna, National Resettlement Specialist Recorder: MormLyheang, Assistant to Admin, GRET The following concerns were expressed by the DHs during the Public Consultation on 16February, 2018: Issues discussed Concerns and Opinions Raised Agreements Reached with the Affected Sub-project components WWTP proposed on the 10 Ha of rice field with two pumping stations are a property of Battambang Town which acquired by Ministry of Economic and Finance. Access roads roads improvement will be done within the public land Right of Way. Entitlements on compensation and assistance by The Participants Mrs. ChabSoksan, villager at Romchek 3 What is the COI of the road will be expanded? My concern is if the road will have expanded 12m width will affect only my fence but if it will until 14m width then my house will be impact too. Mr. CheoungSroy, businessman from Romchek 3 village Can the project to minimize the CIO to avoid the impact in my crocodile pond? Mr. TepChomreorn, businessman from Romchek 3 village my store will be affected based on the design. Can I rebuild my store after the road is improved? Mrs. Seng Neng, farmer of Beng village if the road improvement will affect my house where can I live? Cut-off date must be defined and publicly announced to affected households and affected communities. Compensation for DHs whose farmland will be affected due the sub-project construction. Households Mr. Mel Sophanna Based on the information from Cadastral office and PDWT this road ROW is 20m width. However According to project team leader roads CIO is between 12-13m width (including road shoulder/sidewalk) with 6-7 sealed. Mr. Mel Sophanna for resettlement we always wish the project design to mitigate the impact on people s properties/assets as much as possible. Now we are conducting IOL & ESE, so we need to list all the affected properties/assets both private and public facilities as well. Regarding your crocodile pond I will inform to engineering team for detailed design. Mr. Mel Sophanna You may not able to rebuild your store at the same place because it is become a part of the road already. Mr. Mel Sophanna How can you know your house will be impacted/lost? Our survey team will conduct IOL Survey please collaborate with them you will know if your house will be lost or not. Mr. Touch Svang, Teukvil commune chief, mentioned that in case your house will be lost you can share with other. All APs conducting business and/or working in the project-impacted areas on the cut-off date will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their preproject living standards, income-earning capacity and production levels. The cut-off date will be the completion date of the inventory of loss survey based on the detailed design of the sub-project and the date will be announced publicly to the affected households and communities. DHs whose farmland will be lost due to the subproject construction will be compensated for potentially lost farmland.

48 42 Appendix 3 Issues discussed Grievance Redress Mechanism Implementation schedule Impression and conclusion Concerns and Opinions Raised by The Participants Costs involved in resolving complaints All participants when the project will be implemented? All participants are very welcome to have roads improvement. Agreements Reached with the Affected Households All costs involved in resolving the complaints (e.g. meetings, consultations, communication and reporting/information dissemination) of the Grievance Committee as well as all court litigation will be borne by MPWT, the executing agency. Mr. Mel Sophanna It is a project feasibility study stage yet. It will take time until loan negotiation and agreement between ADB and our government is made will take at least a year from now. So now our team come to conduct inventory of loss (IOL) to list all potentially affected assets/properties by the project. So please cooperate our survey team and provide your detail information need by team. All participants are willing to support the project and last session of the public consultation all of them raise the hand up to support for the project to happen. Community consultation meeting at Romchek 3

49 Community consultation meeting at Beng village, Teukvil commune Appendix 4 43