Lao PDR: Northern and Central Regions Water Supply and Sanitation Sectors Project

Transcription

1 Resettlement Plan February 2009 Lao PDR: Northern and Central Regions Water Supply and Sanitation Sectors Project Prepared by Department of Housing and Urban Planning, Ministry of Public Works and Transport, for the Asian Development Bank.

2 CURRENCY EQUIVALENTS (as of 31 March 2009) Currency unit KN KN1.00 = $ $1.00 = KN8,573 ABBREVIATIONS ADB Asian Development Bank AP affected person(s) CAT community action team DAFEO District Agriculture and Forestry Extension Office DMS detailed measurement survey DRC district resettlement committee DCTPC Department of Communication, Transport, Post and Construction DPWT District Staff Public Works and Transport DUHP Department of Housing and Planning EA executing agency the Government Government of Lao PDR HH household IEE initial environmental examination IMA independent monitoring agent IOL inventory of losses IPSA initial poverty and social assessment LAR land acquisition and resettlement LURC land use rights certificate LWU Lao Women Union Lpcd liter per capita per day m meters MPWT Ministry of Public Works and Transport M&E monitor and evaluation NCRWSSP Northern and Central Regions Water Supply and Sanitation Sector Project OPWT Office of Public Works and Transport the Project Northern and Central Regions Water Supply and Sanitation Sector Project P. B Consultant package B consultant PAFO Provincial Agriculture and Forestry Office PIB public information booklet PIU project implementation unit PCU project coordination unit PNP provincial nam papa PPME program for project performance monitoring and evaluation PRA aparticipatory rapid appraisal PRC provincial resettlement committee RC resettlement committee RF resettlement rramework ROW right-of-way RP resettlement plan

3 SES sqm TAMU VEI WASA socioeconomic survey square meters technical assistance management unit village environmental improvements water supply authority WEIGHTS AND MEASURES km (kilometer) 1,000 meters kg(kilogram) 1,000 grams GLOSSARY Affected person As per Decree 192 on Compensation and Resettlement of People Affected by Development Projects (July 2005), any person or organization affected by a project, who in the context of acquisition of assets or change in land use, would have their: (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house, land (including residential, commercial, agricultural, plantations, forest and grazing land) water resources or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily adversely affected; (iii) business, occupation, place of work or residence areas adversely affected with or without displacement; and/or (iv) community resources adversely affected. Compensation Payment in cash or in-kind at replacement cost for an asset to be acquired by the Project. Cut-off date The date that a population record or census, preferably at the project identification stage, serves as an eligibility cut-off date in order to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. The cutoff date is the date when the census for the RP was completed. The Cut-Off date for this Project is 31/3/2012 for Module 3, and 31/5/2012 for Module 1 and 2. Land acquisition The process whereby a person is compelled by the Government through the Executing Agency of the Project to alienate all or part of the land s/he owns or possesses in favor of the State in the implementation of the Project or any of its components in return for consideration. Meaningful consultation A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures,

4 the sharing of development benefits and opportunities, and implementation issues. Replacement cost The method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets is not taken into account. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Stakeholders Individuals, groups, organizations interested in and potentially affected by the project or having the ability to influence a project. Vulnerable group As per Decree 192 on Compensation and Resettlement of People Affected by Development Projects (July 2005), distinct groups of people who might suffer disproportionately from the loss of fixed and movable assets, other assets and production base or face the risk of being marginalized from the effects of resettlement and specifically include: (i) divorced or widowed female headed households with dependents and low income; (ii) households with disabled or invalid persons; (iii) households with persons falling under the generally accepted indicator for poverty as defined by the Ministry of Labor and Social Welfare, or the landless; and (iv) elderly households with no means of support. (i) (ii) NOTES The fiscal year (FY) of the Government of ends on 30 September. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2009 ends on 30 September In this report, "$" refers to US 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 of this 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.

5 NORTHERN AND CENTRAL REGIONS WATER SUPPLY AND SANITATION SECTOR PROJECT NAMTHA DISTRICT TOWN, LOUANG NAMTHA PROVINCE SHORT RESETTLEMENT PLAN Department of Housing and Urban Planning (DHUP) Ministry of Public Works and Transport (MPWT) February 2009

6 TABLE OF CONTENTS ABBREVIATIONS PROJECT MAP SUBPROJECT MAP OF NAMTHA DISTRICT TOWN, LOUANG NAMTHA PROVINCE ii iii iv I. INTRODUCTION 1 II. THE SUBPROJECT AND SCOPE OF LAR 1 A. The Subproject Description 1 B. The Scope of Land Acquisition and Resettlement 2 1. General 2 2. Scope 3 3. Vulnerable groups 4 III. LEGAL FRAMEWORK AND PROJECT PRINCIPLES 5 A. Legal Framework 5 1. Laws and Regulations 5 B. Project Provisions and Principles 6 1. Eligibility 6 2. Categories of APs 6 3. Type and level of loss 6 4. Entitlements 7 IV. PARTICIPATION AND CONSULTATION 8 A. Preparation of Subproject Resettlement Plan 8 B. Implementation of the Subproject RP 9 C. Grievance and Redressal 9 V. IMPLEMENTATION ARRANGEMENTS 10 A. Roles and Responsibilities 10 B. Project Budget 11 C. Implementation Schedule 12 D. AP Database 13 Tables Table 1: Affected Households and Persons in Namtha 4 Table 2: Loss of Land, Structures and Trees in Namtha 4 Table 3: LAR Costs Namtha 11 Attachments Attachment 1: Village-level Impacts 14 Attachment 2: District Unit Cost Estimates 15 Attachment 3: Inventory of Losses 16 Attachment 4: Record of Consultations with APs 17 Attachment 5: Form for Consultation with no longer APs 18 i

7 ABBREVIATIONS ADB Asian Development Bank AP affected person(s) CAT Community Action Team DAFEO District Agriculture and Forestry Extension Office DMS detailed measurement survey DRC District Resettlement Committee DCTPC Department of Communication, Transport, Post and Construction DPWT District Staff Public Works and Transport DUHP Department of Housing and Planning EA Executing Agency the Government Government of Lao PDR HH Household IEE Initial Environmental Examination IMA Independent Monitoring Agent IOL inventory of losses IPSA Initial Poverty and Social Assessment LAR land acquisition and resettlement LURC Land Use Rights Certificate LWU Lao Women Union Lpcd Liter per capita per day m Meters MPWT Ministry of Public Works and Transport M&E monitor and evaluation NCRWSSP Northern and Central Regions Water Supply and Sanitation Sector Project OPWT Office of Public Works and Transport the Project Northern and Central Regions Water Supply and Sanitation Sector Project P. B Consultant Package B Consultant PAFO Provincial Agriculture and Forestry Office PIB public information booklet PIU Project Implementation Unit PCU Project Coordination Unit PNP Provincial Nam Papa PPME program for project performance monitoring and evaluation PRA Participatory Rapid Appraisal PRC Provincial Resettlement Committee RC Resettlement Committee RF Resettlement Framework ROW right-of-way RP Resettlement Plan SES socioeconomic survey sqm square meters TAMU Technical Assistance Management Unit VEI village environmental improvements WASA Water Supply Authority ii

8 PROJECT MAP PEOPLE'S REPUBLIC OF CHINA NORTHERN & CENTRAL REGIONS WATER SUPPLY & URBAN DEVELOPMENT PROJECT MYANMAR LUANG NAM THA 8.Ban Mom BOKEO 5.Sing Houayxay Houn XAYABURY Xayabury Luang Namtha 6.Namor Xai OUDOM XAY 7.Ngoi LUANG PRABANG Luang Prabang 1.Nan Phonhong 10.Keo Oudon Phonsavanh XIENG KHOUANG VIENTIANE HOUAPHANH Xam Nua 2.Khoune 9.Xamtay VIETNAM BORIKHAM XAY Gulf of Tonkin 4.Xanakham VIENTIANE Mekong River 3.Kenethao THAILAND Thakhet LEGEND: Capital City Secondary Town Savannakhet Provincial Capital Candidate Project Town International Boundary N Provincial Boundary Project Province Mekong River National Road 0 50 Kilometers 100 Pakse Other Road Notes: 1. Boundaries are not necessarily authoritative. 2. Numbers adjacent to town names indicate development priorities.

9 LOUANG NAMTHA AIRPORT E E E E E E E E 108 E 106 E 104 E 102 E 100 E 98 E SUBPROJECT MAP OF NAMTHA DISTRICT TOWN, LOUANG NAMTHA PROVINCE THONG OM B.VIENGTAI N PE NamTha NamTha NamTha NamTha NamTha NamTha NamTha NamTha NamTha NAMTHOUNG B.VIENGNEUA ELEVATED RESERVOIR N - Villages Information in the Service Area: ID Village Name No. of HHs 1 B. VIENGNEUA 278 Total Population Female Population Main Water Source HHs with Latrines NAMNGEN 2 B.VIENGTAI N 3 B.LOUANG B.KHON B.DONKHOUN B.MAI 75 7 B.PASAK 57 8 B.POUNG B.PHOXAISAVANG B.THA-OR PHIENGNGAM B.LOUANG NamLeuy B.KHON B.PASAK PROPOSED WTP (Option 1) B.POUNG Taluang Taluang Nam Nam Nam Nam Nam Nam Nam Nam Nam NANOI N 11 B.NALEU B.DONKHOUN 12 B.DONMOUN NamTha NamTha NamTha NamTha NamTha NamTha NamTha NamTha NamTha N KEY MAP NAMTHA DISTRICT 22 N B.MAI 20 N B.THA-OR NamLeu PROPOSED WTP (Option 2) 18 N B.NALEU N 16 N B.PHOXAISAVANG 14 N B.DONMOUN N MCTPC Department of Housing and Urban Planning WAC Programme Northern and Central Regions Water Supply and Sanitation Sector Project (NCRWSSP) ADB-Grant No LAO LAO PDR Base Map - Namtha Urban Area ( LOUANG NAMTHA ) Approved by: Graham Jackson Dwg. No. : NT-PD-01 Checked by: Graham Jackson Date : 04/Nov/07 Designed by: khanthachack.s Projection : Lon/Lat (WGS 84) Digitized by: khanthachack.s Scale : 1/ Legend: Road Garden Fish pond Rice field Slash and burn Village boundary Bridge Stream / River Slight forest Dense forest Buildings / Houses Grass land m. ( 3.3 centimeter = 1 kilometer ) iv

10 I. INTRODUCTION 1. This short Resettlement Plan (RP) for Namtha District Town in Louang Namtha Province is prepared based on an initial assessment of the land acquisition and resettlement (LAR) impacts during subproject preparation for the Northern and Central Regions Water Supply and Sanitation Sector Project from November 2008 to February The LAR impacts in Namtha District Town are insignificant 1, or ADB category B. The purpose of this RP is to ensure that all affected people (APs) will be compensated at replacement cost at current market value for their losses, and provided with rehabilitation measures so they are at least as well off as they would have been in the absence of the Project. The RP (i) identifies the legal and policy frameworks of the Lao Government and appropriate ADB guidelines; (ii) sets out procedures and policies on LAR to guide mitigation of impacts during project implementation; (iii) identifies an initial IOL and (iv) includes an estimated budget for implementing this RP. 2. This short RP should be read together with the Appendix on non variable information on resettlement procedures for the 3d Phase. This Appendix contains the revised information of the Resettlement Framework on the definition of terms, legal framework, project principles, voluntary contributions, entitlements, roles and responsibilities of EA, PCU, PIU and consultants, payment procedures, reserve fund, internal and external monitoring procedures and reporting. The current short RP contains the subproject s rough estimate of losses. It will be updated after the detailed design is completed and the DMS done. A. The Subproject Description II. THE SUBPROJECT AND SCOPE OF LAR 3. The Project will benefit about 97,000 people by 2015 in 12 subproject towns. About 30,000 people (or 30%) are estimated to be urban poor. An additional 90,000 rural poor in surrounding areas will indirectly benefit from improved roads access to urban markets and government services. The Project aims to provide safe, reliable and affordable piped water supply, essential urban infrastructure, and village environmental improvements in 12 small district towns 2 located in 8 provinces in the northern and central regions of Lao PDR. The Project will also strengthen water sector regulation, policy development and sector sustainability by providing support to the regulating authority and promoting policy, tariff and institutional reform. It has a strong focus on community participation that complements the Project s objectives of reducing poverty, and promoting health and hygiene within communities. As a sector loan project, the design of the Project encourages a demand-based approach. 4. The subproject in Namtha District Town is one of 12 candidate subproject towns selected in the sector Project. Namtha District Town consists of 12 villages with a total population of 9,488 in 2007, of which 4,621 are female. The remaining 11 subproject towns include: in the first phase: (i) Nan, Luang Prabang Province, (ii) Kenethao, Sayaboury Province and, (iii) Houn, Oudomxay Province, in the second phase: (iv) Keo Oudom, and (v) Xanakham in Vientiane Province; (vi) Khoun, Xiangkhoang Province; 1 LAR must be insignificant for each candidate subproject town in order for it to meet Project eligibility (see para 19). 2 Provincial and district towns, with populations ranging from 5,000 to 20,000 are classified as small towns. Most of these small towns do not have piped water supply with house connections. These towns also lack the essential urban infrastructure and services. 1

11 (vii) Xamtay, Huaphanh Province; (viii) Sing, Louang Namtha Province; in the third phase: (ix) Ngoi, Luang Prabang Province; (x) Namor, Oudomxay Province; (xi) Namkeung, Bokeo Province. 5. The Water Supply Development for Namtha aims to provide safe, affordable, reliable piped water supply with individual household connections to communities within 12 core villages 3. The water supply scheme is planned to supply 120 Lpcd by 2030 to 80% of the population of the core villages in Y2030. A provision is also made for water use by the airport facilities including fire fighting. The subproject will include: (i) piped water supply system, (ii) public sanitation facilities, (iii) some improvement of roads in Ban Louang if funds permit. 6. This component will include the construction of: (i) a pump intake at the Nam Tha river, about 1 km of the town center; (ii) a raw water transmission main; (iii) a water treatment plant (WTP) with presedimentation, flocculation, sedimentation, rapid gravity filtration and chlorination facilities, plant office, and small water testing laboratory; (iv) a clear water reservoir at the WTP site and transmission main which will deliver treated water to the town; and (v) individual metered service connections. 7. The Urban Environmental Improvement Component will improve: selected drainage, and public sanitation facilities in Namtha s core villages. It will: (i) upgrade the drainage system to relieve annual flooding and waste water from the improved sanitation facilities; (ii) upgrading of gravel roads; and (iii) install water supply and toilets with septic tanks in the centre of town. The sanitation facilities will be proposed in detail later in extended consultation with inhabitants of the core villages. B. The Scope of Land Acquisition and Resettlement 1. General 8. The Project will entail temporary impacts during construction when the water supply pipe network is laid out and during some improvements of road and drainages. 9. Some permanent impacts will take place due to placement of water treatment plants and improvements in roads and roadside drains. Land acquisition for the roads improvement will include the right-of-way as much as possible and where possible, road improvement will be within the existing alignments. 10. Part of the participation, awareness and community actions subcomponent, village environmental improvements (VEI) may involve minor land acquisition. Improvements may include footpaths and tertiary drainage. Sanitation facilities will also be decided upon during that time. As these improvements are demand-driven, the exact scope and land requirements will not be known until implementation and will fall under the category of directly benefiting communities and involving community decisionmaking and management for which no resettlement actions are required. 3 Louang, Khon, Donkhoun, Mai, Pasak, Poung, Phoxaisavang, Tha-Or, Naleu, Donmoun, Viengtai, Viengneua 2

12 2. Scope 11. Village-level impacts are in Attachment 1. One of the criteria for Project eligibility is that LAR shall be insignificant for each subproject town. The scope of LAR in Namtha subproject town is insignificant as the number of households experiencing major impacts 4 is only two (9 APs) (at the WTP site). Sludge from the WTP will go directly to the river or in a waste land area adjacent to the mountain of the WTP. 12. Land acquisition and resettlement will affect a total 310 households (1,739 APs), mostly temporarily. (See also Table 1) No households are expected to require relocation. 307 Households (771 APs) included in the above will experience a temporary loss of land that will be used during pipe-laying activities (22 of these households have a pipe passing their agricultural land and the remaining households have residential land). This land will be restored and returned to the AP and therefore will not be compensated. Impacts from water supply works are very minor for each of the families and mostly involve broken cement slabs in front of the houses to allow for the pipe laying. Such minor losses, including temporary, will be compensated. (See also Table 2) 13. The roads fall under the category of distributor roads 5 for which ROW is 12 meter. The width of the roads will be so designed as to avoid loss of land. The land to acquired for the road improvement is mostly land in the ROW zone. No households are expected to require relocation or have major impacts from road improvements. Losses will mostly be permanently removed cement slabs and veranda roofs (from bamboo and wood) according to current material costs. In case there is any land loss outside the ROW, the land should be compensated according to current market prices for land. 14. Drainage work will acquire some land, around 1 meter width between houses and the road. This is mostly land in the ROW and will not affect houses or structures. 15. Because road improvements and water pipe lines laying will be done in the most densely populated area of town, businesses will be affected (initial count indicate that there are a potential 187 businesses among the affected households). Most of those businesses are small and sell food, fresh or in dried form, and the losses will be minimal. The duration of the civil works will have to be shortened as much as possible in order to minimize losses in income. 16. The water pipe laying might affect some fruit trees and rubber seedlings (an initial count of 49 trees). If pipe laying takes place in the wet season 9 households with rice land might be affected temporarily and will have to be compensated accordingly. If pipe laying takes place in the dry season 1 household s vegetables might be affected temporarily. 4 Major impact is defined as those households that will be (i) physically displaced from housing, and/or; (ii) lose more than 10% of their income-generating source; and/or (iii) lose more than 40% of their residential structure. 5 According to Agreement from the minister on the rules and regulations of town planning, no. 209, 05/02/1996, MCTPC. 3

13 Table 1: Affected Households and Persons in Namtha Impact Affected Households Total Households and APs Major Impacts Business Perm Temp HHs HHs HHs APs EMHH % FHH % HHs APs EMHH FHH HHs Drainag e/rd Water Supply , Total , AP=affected person; EMHH=ethnic minority households; FHH=female-headed households; HH=household. Source: Initial IOL by PIU of Namtha District Town, *1 structures outside land title markers Table 2: Loss of Land, Structures and Trees in Namtha Impact Land Loss (sqm) Households Loss at Houses Residential Agriculture Government Houses (no) Structural Loss (sqm) Households Trees number Perm Temp Perm Temp Perm Temp Perm Temp Perm Temp Drainage /Rd Water Supply 2,940 10,000 1, , Total - 2,940 10,000 1, , AP=affected person; EM=ethnic minority; HH=household; perm=permanent; sqm=square meters; temp=temporary Source: Initial IOL by PIU of Namtha District Town, Vulnerable groups 17. There are 14 female-headed households (16 %) out of the 90 interviewed households in the core villages. The majority of the interviewed households is Lao (66 households, 66%) under the main language group of Tai Kadai (also called Lao Loum). Many of them are actually from Tai Yuan descent, also an ethnic group under the main Tai Kadai language group and they call themselves just Lao nowadays. Also under this main language group are 28 Tai Dam households (26%) but they are patrilateral like many ethnic groups under the Mon-Khmer language group. There are 12 Hmong households (11%), under the Sino-Tibetan main language group (also called Lao Sung) among the interviewed households in the core villages. Also there are 3 Khmu households (3%) who are under the Mon-Khmer main language group (also called Lao Theung). Extra attention will be paid during detailed design to minimize LAR impacts for the households of non Tai Kadai descent and the female headed households. 18. Only 1 of the interviewed households in the core villages and is determined to be very poor. 19. Two households will experience major impacts or major loss because of land acquisition for the WTP. Because these household are loosing more than 10% of their 4

14 productive land they are severely affected and they will have to be compensated accordingly. As they are vulnerable households 6 they should receive special assistance. A. Legal Framework III. LEGAL FRAMEWORK AND PROJECT PRINCIPLES 1. Laws and Regulations 20. The policy framework and entitlements in this RP have been built upon the laws of the Government of Lao PDR, principally the Constitution (1991) and the Land Law (1997, 2003), the Road Law (1999), Decree 192/PM on Compensation and Resettlement (July 2005), the Regulations for Implementing Decree 192/PM and Technical Guidelines for Compensation and Resettlement of People Affected by Development Projects (November 2005), Asian Development Bank (ADB) Policy on Involuntary Resettlement (1995), and Government approved RPs for other ADB projects. Lao Laws and Regulations and ADB policy on Resettlement are also discussed in the Appendix to this short RP on non variable information under separate cover. 21. The Land Law provides the issuance of a Land Title, which attests provisional ownership rights to use agricultural as well as forestland (Articles and 21-22). Land titling is being undertaken under the AusAid/World Bank project in a number of towns. Under this project Land Titles and Land Survey Certificates are issued. It has not been completed in Namtha project town for all villages although the initial survey is on the way. For the villages 7 where Land Titling has not been done yet APs will only have Land Use Rights Certificates (Form 01), Land Tax Payment Receipts and/or Residency Certificates. Form 01 are certificates of land use for taxation and are considered evidence of land use but not as legal title. 22. The recent changes in the Government of Lao PDR legislation related to compensation and resettlement in development represents a significant improvement in the rights of citizens when their livelihoods, possessions and society are affected by development projects. 23. Both Lao Law and ADB policies entitle APs to compensation for affected land and non-land assets at replacement cost. However, definition of severely affected APs varies between ADB (OMF2 para 5) at 10% and Decree 192/PM (Article 8) at 20% of income generating assets affected. However in accordance with Decree 192/PM (Article 6) which entitles all APs to economic rehabilitation assistance to ensure they are not worse off due to the Project, the 10% definition of severely affected will be adopted as part of the Project s resettlement policy. 6 Vulnerable: female headed, ethnic minority, poor 7 Louang, Khon, Donkhoun, Mai, Pasak, Poung, Phoxaisavang, Tha-Or, Naleu, Donmoun, Viengtai, Viengneua 5

15 B. Project Provisions and Principles 1. Eligibility 24. Identification of APs was carried out as part of the social assessment during the subproject preparation. Inventory of APs will continued after revisions in design and will finalized at DMS. Lack of legal rights will not affect the eligibility to compensation for land use, structure, and income losses. 25. The cut-off date for Namtha that sets the eligibility for entitlement is 26 January Categories of APs 26. Based on the initial design of the piped water systems and urban improvements, the following categories of persons are expected to be affected: - those with permanent land use rights: this includes those who have the legal and legalizable land use rights, as in agricultural land, and have legal title of the land or a certificate to ensure the right of land use. They are entitled to full compensation. - those with temporary land use rights: this includes those who have the right to use land temporarily with a written/verbal permit issued by the village or commune authorities and who do not meet the legalization criteria as users with permanent rights. They will not be entitled to compensation for the affected land but will receive an allowance to offset anticipated loss of income. - occupiers whose trees and standing crops are affected: they will be compensated at full market prices regardless of the legal status of land use rights. - people losing part of their residential or commercial land - people losing part of their house or other physical structures they constructed - people temporarily loosing income during implementation of the civil works. 3. Type and level of loss 27. The following categories and types and levels of Project-induced impacts in the realm of resettlement are foreseen: (i) loss of land use; (ii) partial loss of residential or commercial structures; (ii) temporary loss of income; (iii) loss of standing crops and trees; (iv) loss of community assets, and (v) loss of government waste land. 28. Loss of land use: residential, commercial and commune land will be acquired for the construction of the WTP. The water treatment plant will acquire land from two individual households. Water pipes will be laid within the existing ROW to avoid any unnecessary LAR impacts. Where the main pipes will cross agricultural fields they will be laid deeper than the usual 1.30 m. Temporary loss of land is land that will be used during construction or pipe-laying activities, and will be restored and returned to the AP. There 6

16 is little distinction between residential land and garden land so that residential land can include trees and flowers. 29. Loss of residential or commercial structures: Residential or commercial structural losses will be minimized as much as possible. Partial loss of structures or temporary affects may be expected during construction. Complete loss of structures will be avoided by reducing the width of the carriage way and drain. 30. Structural loss will be permanent or temporary. Many of the structures that will be affected (i.e. fences) are made of temporary materials (i.e., bamboo and wood), which are easily moveable. Some structures also will include cement slabs in front of shops or homes that will be affected due to piped water supply and roads improvement. The Project will minimize these impacts during detailed design. During construction, access to shops and homes will not be restricted, as temporary planks will be provided to owners. The Project will also provide cement covers over road-side drains to ensure continued access after construction from the road to the property. 31. Loss of business and income opportunities: This includes shop owners, employees, mobile stalls and other non-agricultural income generation activities. It is not foreseen that any of the identified APs will loose their income permanently or for more than 10% of total productive assets. 32. Loss of standing crops, might occur during the construction of piped systems, and will be temporary. Loss of trees might occur during the laying of the main transmission lines for raw and treated water and this will be permanent loss. 33. Some loss of governmental, and public assets will occur. 4. Entitlements 34. The Project entitlements have been designed to provide compensation, resettlement and rehabilitation for lost assets and restore or enhance the livelihoods of all categories (directly and indirectly affected, title holders and non-title holders such as Form 01) of affected people. The entitlement matrix for the Project is in Table 2 of the Appendix for non variable information on resettlement. Entitlements are based on the categories of APs as previously defined. 35. The rates for compensation and cash entitlements for rehabilitation and allowance payable to APs have been adjusted over the last 3 years, based on actual inflation : 7.16, 2006: 6.81, 2007: 4.51, 2008: 8.05 (Nov 08) (Bank of Lao PDR website) 7

17 IV. PARTICIPATION AND CONSULTATION 36. This short RP was prepared by the executing agency (EA), with the assistance of the P. B consultants and in consultation with respective provincial and district authorities. During IPSA interviews with selected households from the total of 109 interviewed households of the core villages in the socio-economic survey were held. A summary of consultations with all stakeholders is given in Attachment 4. The EA for the Project is the Ministry of Public Works and Transport (MPWT). The Project Coordination Unit (PCU) that has been established under MPWT will coordinate LAR activities during the implementation of the subprojects. During the planning stage of the subproject, the following steps were taken. A. Preparation of Subproject Resettlement Plan 37. Step 1. A team of social surveyors was engaged for conducting socioeconomic surveys and resettlement census. In 2007, the social team conducted surveys in Namtha District. 38. Step 2. From end 2008, initial consultations were made with various stakeholders at the provincial, district and village levels in Namtha, including villagers and members of mass organizations. These consultations were held during initial town visit to Louang Namtha province and Namtha district. Individuals that visited Namtha included MPWT/DHUP, PCU and the P. B consultants team. A list of priorities was noted for Namtha subproject town. 39. Step 3. The RF and Lao Decree and Regulations on Resettlement were presented and explained in a meeting with the District Governor in January Also a meeting on resettlement procedures was held with the PIU Chief and Staff. These staff distributed the PIB to the potential APs and village heads. APs were informed of their rights to lodge grievances about the LAR-related issues. The responsibility to set up a DRC and grievance redressal procedures were discussed and agreed upon. Also guidelines were given to minimize and avoid any unnecessary LAR during a transect walk. 40. Step 4. In January 2009, the subproject scope was shared by the P. B engineers with Namtha district people. During these discussions provincial officials from Louang Namtha Province also attended. Priorities for the subproject were reconfirmed and core villages agreed upon. 41. Step 5. A social assessment team visited Namtha in February Interviews with villagers and APs were conducted to determine their views about the subproject in Namtha during the IPSA. 42. Step 6. Data for the initial IOL have been collected by the PIU. The short RP was drafted and translated into Lao language and disclosed to PIU, district officials and representatives from mass organizations in a meeting. 8

18 B. Implementation of the Subproject RP 43. Participation and consultation with stakeholders in Namtha district and in Louang Namtha province will continue during subproject appraisal and implementation. Grievance redressal procedures will be disclosed again to APs before the commencement of LAR activities. 44. Step 7. After initial engineering designs had been completed a workshop in Namtha was conducted in February 2009 about all resettlement and DMS procedures and PIUs were explained in detail all the resettlement steps to be taken from initial social assessment to Construction. (See Attachment 2 in the Appendix to the RP on non variable information under separate cover). This workshop included a transect walk through the planned water supply and drainage system and interviews with village heads and vulnerable APs. PIU together with representatives of the mass organizations will conduct the DMS after detailed designs are completed. Individual losses will be calculated and recorded according to the local compensation rates and allowances. Based on that, PCU will prepare the compensation plan. 45. Step 8. The P. B consultant for Resettlement will visit Namtha again to share the RP, solve unclear data from DMS and agree on the compensation plan. After that, PCU will complete the RP. 46. Step 9. The final RP will be sent to the subprojects and ADB and compensation declarations for individual APs will be prepared and delivered to the APs per household by the PIU. APs then have 14 days the time to review the RP and sign and return the declarations or to make objections to the village head and GRC (see section C this section). 47. Step 10. After receipt of the signed compensation declarations by PIU, PIU can oversee payment. In case of objection, the problem first has to be solved before starting payment. Following approval by the ADB, the MPWT has the authority to coordinate the start of resettlement activities, either payment of compensations or restoration works. C. Grievance and Redressal 48. Article 13 of Decree 192/PM outlines requires the Project to establish Grievance Redress Committees (GRC) after GOL approval of the project, but in advance of any resettlement activities. Because of the small scope of LAR, it was discussed that the DRC should appoint persons responsible for grievance, redressal and conflict resolution. The responsible persons could consist of: Local government representatives (provincial and district) Village Heads Men and women representatives of AP households from each village (in addition to the Village Head) Village elders, local level representative of mass organizations (including LWU and Lao Front for National Construction (LFNC) or non-benefit organizations MPWT representative 9

19 49. APs who file a complaint will be exempted from all taxes, administrative, and legal fees. Complaints can be filed first at the village level and can be elevated firstly to the district level and secondly to the provincial level if APs are not satisfied. The APs may present their complaints to the concerned local administrative officials and resettlement committees. All grievances regarding any aspect of relocation or compensation shall be acted on within 30 days. Attempts should be made to settle the issues at the village level through community consultation, involvement of the social/resettlement specialist as required, the Lao Women s Union, and any other concerned local-based organizations. All complaints and resolutions will be properly documented by the concerned resettlement committee and will be made available for review during post-evaluation and monitoring. 50. The consulted stakeholders will be able to inquire about any component during organized stakeholder consultation meetings and informally. The PIU will distribute the PIBs in which the grievance and conflict resolution procedure is explained to village heads and APs. During data collection for the initial IOL the APs were informed of their right to lodge grievances and they were informed when the short RP was ready for public viewing at the PIU s office. 51. During preparation, DMS and the process of giving out compensation awards, APs continuously have the right to lodge grievances. APs will be informed during consultation, surveys and at the time of compensation, of their rights to grievance and the procedures for making a complaint. A. Roles and Responsibilities V. IMPLEMENTATION ARRANGEMENTS 52. The roles and responsibilities of EA, PCU, PIU and consultants can be found in the Appendix on non variable information. 53. A District Resettlement Committee (DRC) has been established in the Namtha district chaired by the District Governor. Members of the DRC would typically include representatives of OPWT, PNP, DAFEO, LWU, Lao Front for National Construction, and representatives of APs including ethnic groups. One member of the district resettlement committee will also be a member of the PIU, to help coordinate LAR activities with the civil works schedule. Also one of the DRC members will be the same person assigned as part of the Community Action Team (CAT) within the PIU, to ensure APs also benefit from the community-based activities under the Project. The DRC will work with the PIU in conducting consultation among APs, preparing final IOL and valuation of assets, identifying and allocating replacement land for those severely affected, ensuring smooth cooperation with local mass orgnizations, and resolving grievances. District officials will be trained in resettlement procedures as part of the Project s implementation assistance and capacity building component. 54. ADB shall approve the civil works contract for the subproject to be financed from the loan proceeds after the Government has satisfactorily completed all land acquisition, and resettlement activities, including the establishment of rehabilitations measures. The timely availability of counterpart funds is necessary in order for this arrangement to work. 10

20 B. Project Budget 55. The estimated cost of LAR for the Ngoi subproject is initially estimated as 89,099,572 kip (10,482 US$) which includes the base LAR costs and a 20% reserve fund. These costs have been based on a rapid assessment of losses by the PIU, P. B consultants, and APs perceptions in February The calculation of LAR cost estimates for Namtha are in Table The above budget includes a reserve fund of 20% to accommodate the situations described in the Appendix on Non Variable Information and the additional situation of sudden price hikes that might occur after the final compensation calculation. Although unit cost prices are taken at the latest possible date before calculation of costs, or were adjusted according to official inflation rates from original date of supplication of unit costs form, prices are going up daily in the current volatile market. 57. An initial IOL and unit cost form have being prepared by the PIU (see Attachment 2 and 3) and the detailed IOL will be prepared at DMS. Based on the IOL the actual LAR costs will be calculated. The Government will be responsible for providing timely counterpart funds for all LAR activities. 58. If pipe laying takes place in the wet season 9 households with rice land might be affected temporarily and will have to be compensated accordingly (around 608,000 kip). If pipe laying takes place in the dry season 1 household s vegetables might be affected temporarily and will have to be compensated (around 176,000 kip). Table 3: LAR Costs Namtha Item Total Amount (kip) US Dollars (1 US$ = kip) 1 Land 8500 Residential Land (permanent) - - Residential Land (temporary; not paid) 183,648,000 21,606 Agricultural Land (permanent) 16,200,000 1,906 Agricultural Land (temporary; not paid) 6,491, Houses Business - Temporarily affected during civil works* 34,436,435 4,051 4 Structures - 123,390,119 14,516 11

21 Item Total Amount (kip) US Dollars (1 US$ = kip) Trees - 7,644, Crops - annual yield 91,253, ,736 7 Other Assets - Subtotal base Resettlement costs 272,925,142 32,109 Rehabilitation Allowances - Living Allowance 3 mnths - - Living Allowance 6 mnth 4,830, Repair Allowance 1,740, Special Assistance - - Transport Allowance - Subtotal Allowances 6,570, Sub Total LAR Costs 279,495,142 32,882 Total LAR Costs minus 1 million kip 74,759,879 8, Minus amounts < 50,000 kip 510, Total LAR Costs to be compensated 74,249,643 8, Reserve Fund 20% 14,849,929 1,747 Total LAR Costs 89,099,572 10,482 The costs and allowances are based on cost estimates for replacement costs at market value in Jan 2009 *1 road construction for 5 months and laying water pipe for 3 days * 2 based on 20 kg/person/month; around kip/kg rice C. Implementation Schedule 59. Details on roles and responsibilities of all parties and on compensation payment procedures can be found in the Appendix to the RP on non variable information. All resettlement activities will be coordinated with the civil works schedule for the Namtha subproject. ADB will approve the civil works contract for the subproject to be financed from the loan proceeds after the Government has satisfactorily completed, in - 12

22 accordance with the approved RP for the subproject, compensation payments and resettlement measures. Establishment of rehabilitation assistance shall be in place and the area required for civil works should be free of all encumbrances before the commencement of civil works. D. AP Database 60. A database for IOL has been started during subproject preparation and will be maintained during implementation. A single file for each subproject town will be created, with individual worksheets for each subcomponent causing LAR impacts. The IOL will be updated after the detailed design survey is completed. New APs found during implementation will be added to the database. This database will be given to the subproject sites. APs from the first survey who will no longer be APs due to changes in the design will be given notice. A form for their signature for notification will be distributed (see Attachment 5) to the PIUs for their use. 13

23 Attachment 1: Village-level Impacts No Namtha District Ethnicity Component Village Impact Village Name 1 Donmoun Lao, Tai Yuan Water supply- pipes Households will be temporarily affected during laying of the pipe 2 Mai Lao, Tai Yuan WTP Sludge pond Water supply- pipes lines. Households will be temporarily affected during laying of the pipe lines. 3 Households will be permanently affected by land acquisition for the WTP. 3 Pasak Tai Dam Water supply- pipes Households will be temporarily affected during laying of the pipe lines. 4 Louang Lao, Tai Yuan, Tai Dam 5 Khon Lao, Tai Yuan 6 Donekhoune Lao, Tai Yuan, Tai Kao 7 Tha Or Lao, Khmu, Tai Yuan 8 Phonexaysavang Khmu, Tai Dam, Tai Yuan, Lao 9 Nalue Tai Dam, Khmu Water supply- pipes, road and drainage improvements Water supply- pipes Water supply- pipes Water supply- pipes Water supply- pipes Water supply- pipes Households will be temporarily affected during laying of the pipe lines. Road and drainage improvements will only affect some businesses. Households will be temporarily affected during laying of the pipe lines. Households will be temporarily affected during laying of the pipe lines. Households will be temporarily affected during laying of the pipe lines. Households will be temporarily affected during laying of the pipe lines. Households will be temporarily affected during laying of the pipe lines. 10 Poung Tai Dam Water supply- pipes Households will be temporarily affected during laying of the pipe lines. 11 Viengtai Lao Yuan Water supply- pipes Households will be temporarily affected during laying of the pipe lines. 12 Viengneua Lao Yuan Water supply- pipes Households will be temporarily affected during laying of the pipe lines. All of this villages expected to have water supply 14

24 Attachment 2: District Unit Cost Estimates Estimations by PIU 15

25 Attachment 3: Inventory of Losses Estimations by PIU and TA Resettlement 16

26 Attachment 4: Record of Consultations with APs Date Agency/Person Number of Participants male female Type of Participants Discussion/Responses/Outcomes 2006 ADB, MCTPC 3 1 Staff voluntary donation mechanism voluntary donation according to the agreed criteria 2007 Namtha district 21 7 Village Heads and Mass Introduced the purpose and town and villages Organizations, methodology of socioeconomic Social survey team stakeholders, potential APs survey (SES) and resettlement census in villages SES of 109 heads of households Nov 08 Jan 09 Jan 09 Feb 09 Feb 09 Date: Namtha district town and villages PIU, P. B Consultants engineers Namtha district town, P. B Consultant Resettlement Namtha district town P. B Consultants engineers, MPWT Namtha district town, P. B TA Resettlement Namtha district town, TA Social Assessment 6 0 PIU staff, Prov. Water Supply, District Water Supply, District Governor (12 core villages) Discussions on lay-out and civil works Identification for WTP location 4 0 Dep. District Governor, PIU Lao Decree and Regulations RF Need for DRC Need for cut-off data Need for Grievance and Redressal Responsible Persons Steps for PIU Form for IOL AP 7 0 PIU staff, Prov. Water Agreement on Project Procedures Supply, District Water Discussion on pricing Supply, District Governor Agreement on core villages 22 3 PIU Chief, PIU accountant ( ), PIU staff District, District OPWT (DRC), Dep Head Water Supply District, Deputy Lao Front (DRC), District Police (DRC), District Justice (DRC), Deputy Party Control (DRC), Chief District Land (DRC), District Deputy LWU ( ; DRC), Village Heads of Ban Tha-Or, Donmoun, Nalue, Phoxaisavang (in DRC), Deputy Heads of Ban Pasak, Phoung, Mai ( ) (heads in DRC), Lao Front from Ban Poung, Mai, Deputy Party Control Ban Pasak, Representatives of APs from Ban Mai and Ban Luang (DRC) 3 staff 7 village heads 14 household members 14 household members PIU Staff, Staff District Water Supply, Village heads, villagers Explanation of initial RPs and IOL preparation and training for DMS further explanation of resettlement procedures Assess social impact of project especially on vulnerable groups Perceptions of APs Date = date the consultation took place Agency/person = agency/person conducting the consultations Participants = Ministries, NGOs, affected people, local communities, etc. that participated in the session Discussion/Responses/Outcomes = summarize what was discussed, participants reactions, and key outcomes Signature: The Chief of PIU. 17

27 Attachment 5: Form for Consultation with no longer APs LAO PEOPLE S DEMOCRATIC REPUBLIC Province: District: Persons who were APs in the previous design should be told if they are no longer affected after revision of the design. They can sign after the visit by the responsible persons. No. Name Village Date Visit Visited by whom Signature of former AP Signature of former AP wife Certified by the Chief of the Village: The Chief of PIU. 18

28 NORTHERN AND CENTRAL REGIONS WATER SUPPLY AND SANITATION SECTOR PROJECT NGOI DISTRICT TOWN, LUANG PRABANG PROVINCE SHORT RESETTLEMENT PLAN UPDATE Department of Housing and Urban Planning (DHUP) Ministry of Public Works and Transport (MPWT) October 2009

29 TABLE OF CONTENTS ABBREVIATIONS PROJECT MAP SUBPROJECT MAP OF NGOI DISTRICT TOWN, LUANG PRABANG PROVINCE ii iv v I. INTRODUCTION 1 II. THE SUBPROJECT AND SCOPE OF LAR 1 A. The Subproject Description 1 B. The Scope of Land Acquisition and Resettlement 2 1. General 2 2. Scope 3 3. Vulnerable groups 5 III. LEGAL FRAMEWORK AND PROJECT PRINCIPLES 5 A. Legal Framework 5 1. Laws and Regulations 5 B. Project Provisions and Principles 6 1. Eligibility 6 2. Categories of APs 6 3. Type and level of loss 6 4. Entitlements 7 IV. PARTICIPATION AND CONSULTATION 8 A. Preparation of Subproject Resettlement Plan 8 B. Implementation of the Subproject RP 9 C. Grievance and Redressal 10 V. IMPLEMENTATION ARRANGEMENTS 10 A. Roles and Responsibilities 10 B. Project Budget 11 C. Implementation Schedule 12 D. AP Database 13 Attachments Attachment 1: Village-level Impacts: 14 Attachment 2: District Unit Cost Estimates 15 Attachment 3: Inventory of Losses 16 Attachment 4: Record of Consultations with APs 17 Attachment 5: Form for Consultation with no longer APs 19 Attachment 6: User Agreement Forms for Use of Land/Trees 20 Tables Table 1: Affected Households and Persons in Ngoi 4 Table 2: Loss of Land, Structures and Trees in Ngoi 4 Table 3: LAR Costs 11 i