Resettlement Due Diligence Report

Transcription

1 Resettlement Due Diligence Report August 2015 VIE: Power Transmission Investment Program, Tranche 2-500kV Pleiku-My Phuoc-Cau Bong Transmission Line Binh Phuoc Province Prepared by Central Vietnam Power Projects Management Board for the National Power Transmission Corporation and the Asian Development Bank. This resettlement due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 NATIONAL POWER TRANSMISSION CORPORATION CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD PLEIKU MY PHUOC CAU BONG 500 KV TRANSMISSION LINE PROJECT Loan: VIE-2959 DUE DILIGENCE REPORT (FOR IMPLEMENTATION OF LARAP/REMDP IN THE POWER TRANSMISSION INVESTMENT PROGRAM IN BINH PHUOC PROVINCE - TRANCHE 2) August 2015

3 Table of Contents I. GENERAL INFORMATION OF THE PROJECT Context and Project Implementation Progress Project of 500kV Pleiku My Phuoc Cau Bong TL: Binh Phuoc Province... 6 II. IMPACT OF PROJECT 500KV PLEIKU MY PHƯỚC CẦU BÔNG IN BINH PHUOC PROVINCE Scope of land acquisition Impact to the trees and crops Impacts on houses and structures Numbers of affected households... 8 III. DUE DILEGIENT ACTIVITIES... 9 IV. POLICY OF THE PROJECT Policy Prior to DMS and Updating of REMDPs Policy on REMDP Implementation Management and Administration V. FINDINGS Consultation, participation, information disclosure Detail measurement surveys Entitlements Compensation payment Provisions of Assistance Solving complaints and grievances Monitoring VI. GAPs and recommended correct actions GAPs Recommended correct actions ANNEX 1. GAPs/ CAPs TABLES: Table 1. Status of land acquisition in Bình Phước province... 7 Table 2. Status of the impact on trees and crops... 7 Table 3. Impact on houses and structures in Binh Phuoc province

4 Table 4. Number of households with their lands permanently affected, the number of households with their lands affected by the corridor and the number of households displaced their home... 8 Table 5. Characteristics of ethnic minority groups affected by land acquisition... 9 Table 6. Some types of information disclosure in the project Table 7. Compensations and assistance activities peformed until 30/8/ Table 8. Situation and numbers of complaints and grievances in Binh Phuoc province

5 ABBREVIATIONS ADB Asian Development Bank AFD Agence Française de Développement AP Affected households CPMB Central Vietnam Power Project Management Board CEMP Contractor s Environmental Management Plan CPCs Commune People s Committees CPMB Central Power Projects Management Board DARD Department of Agriculture and Rural Development DPCs Commune People s Committees DONRE Department of Natural Resources and Environment DRCC District Resettlement and Compensation Committee REMDP Ethnic Minority Development Plan FGDs Focus Group Discussions GoV Government of Vietnam LARAP Land Acquisition and Resettlement IDIs In-depth interviews IEE Initial Environmental Examination MONRE Ministry of Natural Resources and Environment NPT National Power Transmission Corporation PAHs The project affected households PAPs The project affected peoples PPC Provincial People Committee PTC3 Power Transmission Company No.3 PTC4 Power Transmission Company No.4 RoW Right of Way TL: Transmission line 5

6 I. GENERAL INFORMATION OF THE PROJECT 1. Context and Project Implementation Progress 1. The Socialist Republic of Viet Nam has applied for a loan from the Asian Development Bank (ADB) for the co-financing with Agence Francaise de Development (AFD) towards the cost of the Power Transmission Investment Program, Tranche 2. Part of the proceeds of the loan will be applied for the construction of the Pleiku - My Phuoc - Cau Bong 500 kv transmission line. The National Power Transmission Corporation (NPT) is the investor and executing agency. The Central Vietnam Power Project Management Board (CPMB) is the management and implementing agency for the project. 2. The Pleiku - MyPhuoc - Cau Bong 500kV transmission line is a high priority project and is one of several projects for construction to meet its target of connecting 90% of the population to have access to electricity by 2020 and 100% by The project 500kV Pleiku - My Phuoc - Cau Bong has overall objective of ensuring the supply of electricity for southern regional growth phase from 2014 to 2015, while ensuring the link of transmission networks of three countries of Vietnam - Laos - Cambodia in The project will also contribute to improve the reliability of power supply, reduce power losses and ensure maximum mobilization capacity of the power plant to provide electricity safely, continuously for the loading areas in the South in particular, nationwide in general the transmission lines traverse 06 provinces and city are: Gia Lai, Dak Lak, Dak Nong and Binh Phuoc, Binh Duong and Ho Chi Minh city. 2. Project of 500kV Pleiku My Phuoc Cau Bong TL: Binh Phuoc Province 3. The transmission line Pleiku 500kV line - My Phuoc - Cau Bong in Binh Phuoc province has 98,125 km in length, starting at position Picket (G53 - G54) and ended at position Picket (G72 - G73). 4. There are total 200 positions columns built in 174 anchor columns and 26 suspension columns. The safety corridor is 32m in width, the land area occupied per anchor column is m²; the land area occupied per 1 suspension column is m 2. 6

7 II. IMPACT OF PROJECT 500KV PLEIKU MY PHƯỚC CẦU BÔNG IN BINH PHUOC PROVINCE 1. Scope of land acquisition 5. The project acquired permanently total land area 77, m 2 for the construction of 201 tower columns. Actual temporary borrowing land area for road construction, materials yard was 14,360 m2. 6. Actual land area affected under corridor is 2,872,805 m 2 affected by the safety corridor. Table 1. Status of land acquisition in Bình Phước province Nr District Permanently acquired land area (m 2 ) Restricted land areas in using under the ROW (m 2 ) Temporary land area in using for preparing construction (m 2 ) 1 Bu Dang Bu Gia Map Dong Phu Chon Thanh Total 77,758 2,872,805 14, Impact to the trees and crops 7. There are total trees were cut down in which they are 109,137 industrial plants and 28,435 fruit trees and 18,673 other trees were felled. Table 2. Status of the impact on trees and crops District Total trees and crops (Trees) Industrial trees Fruit trees Others Bu Dang 38,

8 Bu Gia Map 25, Dong Phu 38, Chon Thanh 54, Total 156, ,137 28,435 18, Impacts on houses and structures 8. There are 83 homes and 66 structures were affected and displaced out of the safety corridor (see Table below) Table 3. Impact on houses and structures in Binh Phuoc province District Total Houses Structures (Kitchen, toilet, animal cages ) Bu Dang Bu Gia Map Dong Phu Chon Thanh Total Numbers of affected households 9. There are total 1,267 HHs affected by the project. They are included 236 households affected by permanent land acquisition, 948 households affected by the safety corridor and 83 HHs were relocated to their settlements. Table 4. Number of households with their lands permanently affected, the number of households with their lands affected by the corridor and the number of households displaced their home District Total In which 8

9 number of affected HHs The number of households with their lands permanently affected The number of households with their lands affected by the corridor The number of households displaced their home Bu Dang Bu Gia Map Dong Phu Chon Thanh Total Total numbers of households and ethnic minorities affected by the project are 66 households; they belonged to the ethnic minority group: Nung, S'tieng, M'Nông (see Table below) Table 5. Characteristics of ethnic minority groups affected by land acquisition District Nùng S Tiêng M Nông Bu Dang Bu Gia Map Dong Phu Chon Thanh Total Source: Inventory losses and resettlement plan by PECC4. III. DUE DILEGIENT ACTIVITIES 9

10 11. The REMDP for the project in Binh Phuoc province have been developed and approved by ADB in January, There is a DDR has been prepared by CPMU for the project at the same time due to land acquisition had been done before the REMDP approved. So far, the implementation of REMDP and DDR has still been incomplete though the construction has ended to put the project into the operation phase from 5/ There are some existing issues which now are largely focused on the impact under the project corridor with the changes in the regulations on land acquisition and compensation by the Government of Vietnam. Therefore, an updating DDR is required to develop in order to ensure the operational implementation of REMDP matching the requirements of the SPS 2009 and policies in REMDP which has been approved by ADB for the implementation. IV. POLICY OF THE PROJECT (i) 13. The Power Transmission Investment Program has 20 common policy requirements, stated as NPT s policy commitments, which were written in the REMDP documents. They were reconciled from the relevant legislations of the Government of Vietnam (GoV) and the policy requirements of ADB and reflected in this report as among the bases in assessing the CPPMB s compliance on land acquisition. While the policies were prescribed for the updating of REMDP, they are also applied in the PPTA. They cover the activities in planning and implementation as well as the management of the social safeguard documents, such as follows: 1. Policy Prior to DMS and Updating of REMDPs No land acquisition or site clearing will be done for the ROWs and towers ahead of Project implementation. Land acquisition or clearing of the ROWs will only be undertaken upon completion of payment for compensation based on updated REMDP duly approved by ADB drawn from detailed design of the Project. 10

11 (ii) (iii) (iv) (v) (vi) Permanent or temporary acquisition and/or clearing of lands that will result to physical and/or economic displacements of persons or households will be avoided or minimized, as much as possible, by identifying feasible alternatives in Project engineering design, alignment of ROWs, access roads, and work stations. Joint participatory consultations and meetings with Project-based stakeholders, displaced persons (DPs also known as APs) and community organizations will be carried out prior to detailed measurement survey (DMS), during the updating and implementation of the REMDP. Women, disabled, the elderly and ethnic minorities will be invited to participate in the consultations and meetings. The comments and suggestions of the DPs will be recorded and taken into account for consideration in the updating or implementation of the REMDP, where legally acceptable and ethically relevant. DPs will be systematically informed and consulted about the Project, the rights and options available to them, the proposed mitigating measures, special assistance measures to vulnerable groups and the need for the preparation of REMDP. The REMDP will be disclosed in a language according to the ethnicity of the DPs and involve them in decisionmaking process concerning their resettlement. The NPT will conduct due diligence on the ownership of affected assets, with assistance from representatives of the commune or village government, and identify 100% of the DPs who are severely and marginally affected by land restriction and/or land acquisition. Severely affected DPs are those who stand to lose 10% or more of their economic and important assets while marginally affected DPs are those who will lose below 10% of the same. Detailed measurement survey will use a survey tool that will enable to segregate important data on DPs by sex and ethnicity as basis for updating the compensation and assistance due them. (vii) The authority that should declare the cut-off date of eligibility of the DPs who are eligible to receive compensation and assistance will be vested on the respective district resettlement and compensation committee. 11

12 (viii) Replacement cost surveys will be carried out as bases for compensation of DPs, based on replacement costs, in compliance with the compensation policy of the GoV and ADB. (i) (ii) (iii) (iv) (v) (vi) 2. Policy on REMDP Implementation Compensation on the affected properties of DPs will be based on replacement cost, without provisions for deduction of the following: (i) stamp, duties, fees or other payments in case of land; and (ii) depreciation and salvage value of construction materials in case of houses and other structures. Payment of compensation to DPs will not be differentiated between the male and the female household heads and between the member of mainstream society and the ethnic minority. DPs residing, working, cultivating land and/or doing business during the DMS for the update of the REMDP are entitled to be compensated for their lost assets, incomes and businesses at market prices prevailing at the time of compensation. All DPs whose names are included in the cut-off date established by the district compensation and resettlement committee are entitled to receive compensation. DP from the mainstream society who has no title or any recognizable legal rights to land will be compensated for non-land assets, at replacement cost. DP from any of the recognized ethnic minority groups without title to the affected land but with claim to such land will be compensated based on replacement value, if it remains viable for use, or replacement land that is culturally appropriate to their environment or habitats. Special assistance measures will be provided to the severely affected DPs who shall become vulnerable due to the project, with particular attention to women, children without means of support, disabled, the elderly and landless as well as ethnic minorities and people with incomes below the poverty line. Institutional DPs are excluded from receiving such assistance. 12

13 (vii) Resettlement of people will be implemented only upon confirmation on the availability of resettlement site/s that was consulted with DPs and culturally appropriate for DPs who are ethnic minorities. DPs who decide to be relocated in the earth grounding zones will be provided with fireproof materials and lighting arrestors. 3. Management and Administration (i) Effective institutional arrangements and human resources for consultation, liaison, land acquisition, resettlement and monitoring will be established to ensure the efficient implementation of REMDP (ii) (iii) (iv) (v) Effective mechanism for arbitration of grievance redress will be established with their members will come from the project-based stakeholders, DPs, women representatives and ethnic minorities. Adequate budgetary support for payment of compensation, assistance, and resettlement will be committed and released to DPs during REMDP implementation. Reliable and efficient database system will be established for the internal monitoring of REMDP implementation. The NPT will hire an external monitoring agent (EMA), in behalf of ADB, for the bi-annual external monitoring and evaluation of REMDP implementation. Confirmation by EMA on the satisfactory compliance on REMDP implementation will pave the way for NPT to request for No Objection from ADB for the award of civil works contract/s. 14. Also, in Binh Phuoc province, the following decisions have been applied in the REMDP implementation process. Decision No. 19/2010/QD-UBND on promulgating the housing support, works in service of household activities, personal, soils and plants crops and trees is limited to use when building the high-voltage grid in the province of Binh Phuoc; Decision No.58/2009/QD-UBND about regulations on compensation policies to support the government land acquisition. Compensation support for the construction of buildings and structures on the land, trees and crops; 13

14 Decision No.68/2011/QD-UBND dated 21/12/2011 of People's Committee of Binh Phuoc province provides for the compensation rate support housing, structures and plants when the State recovers land in the province Binh Phuoc; Decision No.67/2011/QD-UBND dated 21/12/2011 of People's Committee of Binh Phuoc province regulating unit price of land in Binh Phuoc province in 2012; Decision No.39/2012/QD-UBND dated 21/12/2012 of People's Committee of Binh Phuoc province regulating unit price of land in Binh Phuoc province in 2013; Decision No.2616/QD-UBND dated on November 23, 2011 of the People's Committee of Binh Phuoc province approving the general plan on compensation, support and resettlement projects 500 kv line Pleiku - My Phuoc - Cau Bong crossing Chon Thanh district, Dong Phu, Bu Dang and Bu Gia Map, Binh Phuoc province; Decision No.227/QD-UBND dated 8/2/2012 of Binh Phuoc province on the adjustment and supplement the overall plan of compensation, support and resettlement projects Pleiku 500kV line - My Phuoc - Bong Bridge; Decision No.39/2012/QD-UBND dated 21/12/2012 of People's Committee of Binh Phuoc province regulating unit price of land in Binh Phuoc province in V. FINDINGS 1. Consultation, participation, information disclosure 15. Immediately after receiving the REMDP, CPMB conducted translating documents into Vietnamese language and prepared a summary report on REMDP. In May and June 2012, PECC4 worked with CPMB officials conducting information disclosure. The safety data sheets were distributed down rooted to the affected villages by the project and requested the commune authority listed publicly in CPC s offices; 14

15 16. The community meetings were implemented by DCARBs performed on all the communes affected by the project, with the participation of the staff of the CPMB Compensation Division. However, the monitoring results shown that there is about 22.6% affected HHs they still did not receive the project information because of the language barriers, partly they did not attend the consultation meetings, partly the season is due to capacity of DCARBs staff to disseminate information on the project. Table 6. Some types of information disclosure in the project Implemented Nr Types of information disclosure On REMDP Actuality 1 Village meetings for villagers yes Completed 2 Dissemination of information through the louder speakers in communes yes Completed 3 Put publicly the land acquisition and compensation policy in CPC s office yes Completed 4 Guidance on solving grievance and redress mechanism yes Completed 2. Detail measurement surveys 17. The detail measurement surveys were conducted after the DPC s notice of statistical cut-off date. The detail measurement survey was conducted with the participation of the heads of affected households, commune land officers of affected communes and village heads of affected villages. 18. The process of DMS was properly done as the results of detail measurement surveys were recorded in the working minutes of the counting and representatives of affected households kept a copy. 15

16 19. There is a phenomenon of a confusion in DMS is to be addressed. Bu Dang district, The Center of Land Development Fund conducted for the households located in extending areas to 66 m of safety corridor. However, many households have complaints about the inaccuracy of inventory, so the Center has repeatedly conducted inventory for these households. In Chon Thanh District, the inventory has been completed since May Entitlements 20. Unit price of compensation for land, trees and crops are all based on the official decisions issued by Binh Phuoc PPC as state land acquisition in the province. Binh Phuoc province has also hire external consultants for pricing, but affected HHs still have the complaints stated that the compensation rate is lower than the market price. 4. Compensation payment 21. Most of affected households have received the full amount of compensation in accordance with the decision for the duration of the project (see table below). CPMB in collaboration with the District Board of Compensation and Land Clearance undertook the compensation payment and assistance to affected households. CPMB has paid compensation to the affected HHS with the local government witness and confirmed the payment. Some cases of special reasons, the affected HHs did not come to CPCs offices to receive the payment. CPMB paid for them at home with accompany of commune officials for confirming the amount the affected HHs property owners have actually received. 22. In some cases, complaints are still being conducted to address and offer appropriate compensation to ensure benefits to affected households. District Table 7. Compensations and assistance activities performed until 30/8/2015 Permanent affected lands (VND) Land area affected in the safety corridor (VND) Compensati on and Assistance for temporary land (VND) Compensati on and Assistance for trees and crops (VND) Numbers of houses and structures Total compensati on and assistance up to date (VNĐ) Bu Dang 71,988,717,344 42,356 1,124,918 7,818 38,

17 Bu Gia Map 16,637,465,812 16, ,455 3,110 25, Dong Phu 55,690,788,990 11, ,375 2,200 38, Chon Thanh 78,506,086,146 6, ,057 1,232 54, Total Provisions of Assistance 23. The affected HHs in Bu Dang district, Bu Gia Map, Dong Phu and Chon Thanh district received their assistance as indicated. The assistance for each household is shown in the record of compensation values. The support level of agricultural land affected by the safety corridor of project in Binh Phuoc Province was raised to 35,000 VND per m2, regardless of land position for Bu Gia Map, Bu Dang, raised to 38,000 VND per m 2 for Dong Phu district and the line through Chon Thanh District is 50,000 per m 2. This assistance level is higher than the other projects funded by the government at the same time. In addition, households with land temporarily affected by construction work also received support equivalent to 30% of the compensation of land in the same area. 24. The monitoring is shown that the land acquisition activities did not damage for ethnic minorities, because (i) it will not involve commercial development of cultural resources and their knowledge (ii) they will not be moved physically from government land was allocated to them for the purpose of using their traditional culture; and (iii) there will be no commitment to commercial development of natural resources in the territory of that influence to livelihood, culture, suspected spirit activities identified in their community. 25. In Chon Thanh District, it has 19 households to be relocated and compensated to support their resettlement. Each household has received the support 40,000,000 VND for their relocation themselves. 6. Solving complaints and grievances 17

18 26. The issues of complaints mainly are in the compensation rate for land and trees and crops. The resolutions of complaints were complied with current regulations of Vietnam law consistent with the complaint process and resolving complaints in the project according to REMDP mentioned. 27. Having discovered that there are many affected households had sent their petition letters to the CPCs. However, detecting that the complaint resolution process has not been good in the CPCs. Many CPCs in communes have not saved the complaint letters, as well as recording in judicial complaint books as a procedure. Table 8. Situation and numbers of complaints and grievances in Binh Phuoc province District Numbers of grievances Solved In which Remain Bu Dang Bu Gia Map Dong Phu Chon Thanh Total Monitoring 28. The independent monitoring was mobilized in 2014 and the mission has conducted 3 missions in total 4 monitoring missions. 29. The recruitment of individual consultants of the project was later than it planned. The individual consultant was mobilized in September 2014, so in the process of implementing REMDP (from 1/2012-8/2014), internal monitoring was carried out by CMPB. CMPB has sent 02 staff in charge of the operation of compensation, support and resettlement in the province of Binh Phuoc. The officers regularly collected data and sent to CMPB. However, the collected data is poor quality so far. VI. GAPs and recommended correct actions 18

19 1. GAPs 30. So far, the REMDP in Binh Phuoc province has nearly completed. The implementation process of the plans in Binh Phuoc province have been basically done in compliance to the project policy, however there are still some GAPs in the implementation of project policy. This DDR stressed the need to review the GAPs as the shortcomings happened in the implementation are needed to be implemented in coming time. It specified as follows: Some affected households required additional compensation for outside safety corridor area because the remaining land area can not be used, nor sold. Some affected HHs had complaints about getting more compensation for the wire in grounding area outside the columns. Some affected HHs have not been installing the safety of earthing electrical connection. Some affected households not allow cut down trees in a safe corridor, because they have disagreed with the compensation rate and not agree on the results of the inventory. A household submitted a claim of mistaken compensation for land and crops. 2. Recommended correct actions 31. To ensure compliance with project policy to meet the requirements of the GOV and ADB in the implementation of the mitigation of the impact of the project on land acquisition and enhance the effectiveness of the project, the activities in Annex 1 must be implemented as soon as possible. 32. CMPB should send the written request to the DPC and the Board of Compensation and Land Clearance to implement the GAPs actively, and it should be able to complete the implementation during 10/

20 ANNEX 1. GAPs/ CAPs Place GAP CAP/ Responsible implementation Timeframe Bình minh commune, Bù Đăng district There are 15 households who had complaints to claim for the compensation of some external area which affected by a reason that the remaining area is not enough to build a house or farming, agricultural production. The commune authorities confirmed that the claim is not legitimate. The complaints are being inspected by inspection staff to consider settlement districts. In Bobo village, there are some public opinions that the column of earthing connection of cables got out of the RoW of safety corridor, so they have opinions to claim the compensation. CPMB should work in collaboration with DPC to determine the legality of the complaints. CPMB and PTC3 should check if the grounding connection wire and its column to influence their land without compensation, so there is a need to move forward with the detailed measurement survey by counting and conduct the compensation and support for this area. In case, earthing cables are not to influence the proposed lands, it should be able to explain to the people affected by the meeting - the minutes should be recorded and stored Do immediately There is a household who did not apply earthing connection measures to ensure safety and fire prevention Đức Liễu commune, Bù Đăng district Some households have requested the acquisition ò remain land areas around the corridor because the cultivation has the transition from rubber to coffee, so farmers have remain small areas (estimated 1000 m 2 per household) will not bring CPMB should work with DPC and discuss and make feasible plans for solving this problem. CPMB should ask the Center of Land Development UFnd for the interpretation and advocacy for these HHs about the project policy. Do immediately 20

21 economic efficiency while they must invest to cultivate by expensive machines Thuận Phú commune, H Đồng Phú district Theer is a household who not allow to cut down trees in the RoW of safe corridor because he does not agree with the compensation rate and he did not agree on the results of the detailed measurement survey. CPMB should work with the Board in a collaboration to solve this problem. Complete before December 2015 There is a household who had a complaint about mistaken compensation on their land and crops; as said by Chair of Board of Compensation and Land Clearance, it is going to settle this complaint. 21