UPDATED RESETTLEMENT ACTION PLAN NATIONAL ROAD No. 5 REHABILITATION PROJECT (Battambang Sri Sophorn Section) JICA LOAN No. CP- P13

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1 MINISTRY OF PUBLIC WORKS AND TRANSPORT PHNOM PENH, CAMBODIA UPDATED RESETTLEMENT ACTION PLAN NATIONAL ROAD No. 5 REHABILITATION PROJECT (Battambang Sri Sophorn Section) JICA LOAN No. CP- P13 JUNE 2016

2 CURRENCY EQUIVALENT Currency Unit : Riel (KHR) : United States Dollar (USD) KHR 4, : USD 1.00 ABBREVIATIONS ADB : Asian Development Bank AH : Affected Household AP : Affected Person BMCH : Banteay Mean Chey BTB : Battambang CAO : Cadastral Administrative Office DBST : Double Bituminous Surface Treatment DP : Development Partner DPWT : Department of Public Works and Transport DMS : Detailed Measurement Survey EA : Executing Agency EMA : External Monitoring Agency GMS : Greater Mekong Sub-region GRM : Grievance Redress Mechanism HH : Household ICD : International Cooperation Department IOL : Inventory of Loss IRC : Inter-ministerial Resettlement Committee IRP : Income Restoration Program JICA : Japan International Cooperation Agency MAFF : Ministry of Agriculture, Forestry and Fisheries MEF : Ministry of Economy and Finance MLMUPC : Ministry of Land Management, Urban Planning and Construction MOE : Ministry of Environment MPWT : Ministry of Public Works and Transport NGO : Non-Governmental Organization NR : National Road NTP : Notice to Proceed PIU : Project Implementaion Units PRSC : Provincial Resettlement Sub-Committee PRW : Provincial Road Width PDEF : Provincial Department of Economy and Finance PDPWT : Provincial Department of Public Works and Transport PIB : Project Information Booklet PMU : Project Management Unit PMU-ES : Environmental Section of Project Management Unit RAP : Resettlement Action Plan ii

3 RCS : Replacement Cost Study RD : Resettlement Department (Resettlement Department was promoted to General Department of Resettlement GDR by Sub-decree No. 115 dated 26 May 2016.) RGC : Royal Government of Cambodia ROW : Right- of Way SES : Socio-Economic Survey SHM : Stakeholder Meeting SS : Serei Saophoan TCP : Technical Cooperation Project TOR : Term of Reference URAP : Updated Resettlement Action Plan WB : World Bank WG : Working Group WTA : Willingness to Accept WTP : Willingness to Pay UNITS OF MEASUREMENT ha : hectare kg : Kilogram km : kilometer lm : linear meter m : meter iii

4 DEFINITION OF TERMS Affected Person(AP)/ Affected Household (AH) Common/Public Property Resources Compensation Provisional Road Width (PRW) Cut-off-date Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) (ii) (iii) standard of living adversely affected; right, title or interest in any house, land (including residential, commercial, agricultural, forest and/or grazing land, water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or business, occupation, place of work or residence or habitat adversely, with or without displacement. In the case of AH, it includes all members residing under one roof and operating as a single economic unit, who are afversely affected by a project or any of its component. Mean all resources or assets that are held in communal or village ownership and include (but are not limited to) grave, burial grouds, wells, hand pumps and other affected drinking water sources, specimen trees, pagodas, churches and temples, shrines, religious symbols or sites, village ponds or community grazing land, irrigation canals and facilities, roads, paths, water supply lines and facilities, electricity lines and poles, and communication lines. This is payment given in cash or in kind to AHs as replacement cost for assets, resources or income acquired or adversely affected by the project. It is the area which is required by the project or by the need to retain sites for future use for construction or for repair and maintenance. This is refer to the date prior to which the occupation or use of the project area make residents/users of the same eligible to be categorized as AHs. The cut-offdate coincides with the first day of the census of AHs and the inventory of losses (IOL) thereat was conducted; 1 st August 2011 for the existing NR-5 and iv

5 the Battambang Bypass, and 6 th February for the Banteay Mean Chey Bypass. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertedly missed out during the census and the IOL; or (ii) they have lawfully acquired the affected assets following completion of the census and the IOL, and prior to the conduct of the detail measurement survey (DMS) Detailed Measurement Survey (DMS) The DMS is a measuring activity to be conducted based on the approved detailed engineering drawing to measure and count all affected properties. This activity involves the finalization and/or validation of the result of inventory of losses (IOL), severity of impacts, and list of AHs earlier done during RAP preparation. The final cost of resettlement will be determined after the DMS and updated RCS. Entitlement Income Restoration Inventory of Loss (IOL) Refers to a range of measures, such as compensation for loss of affected assets and assisantce to be provided to the AHs depending on the type and severity or their losses. Income Restoration aims at re-establishng sources of income and livelihood of AHs. 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 PRW are identified, and their replacement cost calculated. The severity of impact on the affected assets, livelihood and productive capacity of the AHs are also determined. Land Acquisition Refers to the process whereby an individual, household, firm or private institution is compelled by the government through the Project's Executing Agency (EA) to alienate all part of the land it owns or possess to the ownership and possession of the agency for public purpose in return for compensation at replacement cost. Relocation This is the physical relocation of an AH from his/her preproject place of residence and/or business. v

6 Replacement Cost Resettlement Plan ROW Vulnerable Group The method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. This is a time-bound action plan with budget, setting out the resettlement objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation. ROW is the area, owned or still to be acquired, resrved for public use or for a government project. These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) households headed by women with dependents, (ii) disabled household heads with no other means of support, (iii) households falling under the generally accepted indicator for poverty, (iv) children (younger than 18 years old)and the elderly (older than 60 years old) households who are landless and with no other means of support. vi

7 TABLE OF CONTENTS JUNE i CURRENCY EQUIVALENT... ii ABBREVIATIONS... ii UNITS OF MEASUREMENT... iii DEFINITION OF TERMS... iv EXECUTIVE SUMMARY... x 1.0 INTRODUCTION Background Project Location and scope Civil works to be undertaken Measures Adopted to Minimize Resettlement LEGAL FRAMEWORK Relevant Cambodian Laws and Regulations The 1993 Constitution of Cambodia The 2001 Land Law The Expropriation Law Other Relevant Regulations Sub Decree on Social Land Concession, March Prakas No Gaps between Relevant Cambodian Laws and JICA Policy PROJECT RESETTLEMENT POLICY Objectives Key Principles Cut-Off Date Eligibility Entitlement Matrix PROJECT IMPACTS Methodology in Updating the RAP Detailed Measurement Survey (DMS) Replacement Cost Survey (RCS) Updated Costs Inventory of Affected Fixed Assets Affected Land Affected Main Structures Affected Secondary Structures Affected Trees Summary of Impact SOCIO-ECONOMIC PROFILE OF AFFECTED HOUSEHOLDS Population and Household Composition Age Structure and Dependency Vulnerable Literacy of AH Heads Educational Attainment of Sample Population vii

8 5.6 Current School Attendance AHs Employment Main Source of Income by AHs Annual Income of Household Head Household Expenses Source of Credit Sanitation Sources of water for Drinking and Cooking Sources of Water for Washing and Bathing Toilet Source for Lighting and Cooking Transport Household Appliances AHs Perception with the Project AHs Satisfaction with the Project Project Benefits AHs Perception about Relocation PUBLIC CONSULTATION AND PARTICIPATION Consultation Disclosure INSTITUTIONAL FRAMEWORK Environmental and Social Office (ESO) IRC and the General Department of Resettlement Provincial Resettlement Sub-committee (PRSC) Indicative Implementation of URAP GRIEVANCE REDRESS First Stage: Commune Level Second Stage: District Level Third Stage: Provincial Level Final Stage : Court of Law RELOCATION STRATEGY Summary of Resettlement Site Development INCOME RESTORATION STRATEGY COST AND BUDGET Procedures for Flow of Funds Indicative Cost of Resettlement MONITORING AND EVALUATION Internal Monitoring External Monitoring LIST OF TABLES Table 1. Work Scope in Each Contract Package... 2 Table 2: Road ROW Dimensions Table 3: Policy Gap Matrix Table 4: Entitlement Matrix Table 5: Unit Cost of Land viii

9 Table 6: Unit Costs Of Main Structures Table 7: Unit Cost of Affected Secondary Structures Table 8: Unit Price of Trees Table 9: Total Affected Households (AHs) Table 10: Total Affected Population (APs) Table 11: Land Losses (m 2 ) According to Gender of AH Head Table 12: Affected Lands by Classification (m 2 ) Table 13: Number of AHs Affected by Land Acquisition Table 14: Number of Affected Main Structures According to Use Table 15: Count, Area and Replacement Cost of Affected Houses Table 16. Count, Area and Replacement Cost of Houses cum Store Table 17 Count, Area and Replacement Cost of Stalls Table 18 Count, Area and Replacement Cost of Other Structures Table 19 Affected Secondary Structures Table 20 Count and Replacement Cost of Affected Trees Table 21 Summary of Impacts Table 22 Population and Household Composition of Sample AHs Table 23 Age and Sex Distribution of Sample AHs Table 24 Vulnerable AHs Table 25 Literacy Rate Among Household Heads Table 26 Educational Attainment of Sample Population Table 27 Current School Attendance in Primary and Lower Secondary Education Table 28 AHs Engaged in Farm and Non-Farm Activities Table 29 AHs Main Source of Income Table 30 Annual Income of Household Head ( US$) Table 31 Household Annual Expenditure Table 32 Availment of Credit during the Past Year Table 33 Reasons for Availing Credit Table 34 Source of Water for Drinking and Cooking Table 35 Boiling Water for Drinking Table 36 Source of Water for Washing and Bathing by AHs Table 37 AHs Vehicle Used and Value Table 38 Household Appliances owned by AHs and Value Table 39 Project Satisfaction by AHs Table 40 Project Benefits Table 41 AHs Perception about Relocation Table 42 Schedules of Public Consultations Conducted Table 43 Issues Raised by AHs during Public Consultations Table 44: Indicative Schedule of RAP Implementation Table 45 Indicative Budget for Resettlement Site Development Table 46 Indicative Resettlement Budget LIST OF FIGURES Figure 1. Project Location Map... 3 Figure 2. Cross Section of Bypass Roads... 4 Figure 3. Typical Sections of NR5, Battambang - Sri Sophorn Section... 5 Figure 4. Institutional Framework ix

10 INTRODUCTION EXECUTIVE SUMMARY 1. This is an update of the Resettlement Action Plan (RAP) for National Road No. 5 Rehabilitation Project (Battambang Srei Sophorn, Battambang Bypass, Banteay Meanchey Bypass) which was approved by IRC and Japan International Cooperation Agency (JICA) in August National Road No. 5 (NR 5) is among Cambodia s trunk roads connecting to the cross border between Thailand. Known as Asian Highway (AH-1) or the GMS Southern Economic Corridor, NR 5 was damaged by constant flooding and natural wearing. The Royal Government of Cambodia applied for loan to rehabilitate and improve NR5 (Battambang-Sri Sophorn to connect Phnom Penh to the border of Thailand), from JICA and dubbed as National Road No. 5 improvement Project, JICA Loan No. CP-P The project is envisioned to increase the transportation capacity and improve the logistics competency in the north section of NR 5. It will result to a more reliable, safe and convenient, and faster transport to road users, thereby contribute to economic development of Cambodia. It involves the improvement of existing Battambang-Sri Sophorn road (Section 1) and construction of Battambang (Section 2) and Sri Sophorn (Section 3) Bypasses. LEGAL AND POLICY FRAMEWORK 4. This Updated RAP applies the project resettlement policy as described in the RAP approved in August The focus of the policy is to compensate AHs for their lost assets at replacement cost and provide rehabilitation assistance to ensure improvement, or at least maintain, their living standards and income to pre-project level. The cut-off date was set on the first days of the IOL, which was August 1, 2011 for the existing NR 5 and BTB Bypass road while for the SS Bypass road, the cut-off date was set on February 6, PROJECT IMPACTS 6. In updating this RAP, a DMS was conducted from May to December The results of the DMS revealed a total of 4,170 AHs comprised of 16,332 APs. A total of has of land, of various classifications, will be acquired for the road widening and Bypasses which are owned by 774 AHs. 7. There are 3,093 main structures that will be affected with an aggregate are of 35, m 2. Of the affected main structures, 562 are houses, 502 units of which are severely affected; 339 units of house cum store, 1,020 units of stalls and other type of structures totaling to 1,172 units. x

11 8. Also affected are 40 types of secondary structures and 57,984 trees of various species and maturity. PARTICIPATION AND GRIEVANCE 9. Consultations and public meetings with AHs and the local governments were conducted as parallel activity to DMS. A total of twelve (12) such meetings were held. These activities will continue during implementation of the URAP, consistent with the Project s participatory approach. Grievance mechanism has been designed to ensure that the concerns and complaints of the AHs are readily addressed at the village level in a timely and satisfactory manner. The AHs will be made fully aware of their rights through verbal and written means during resettlement planning, updating, and implementation. IMPLEMENTATION ARRANGEMENT 10. The MPWT through the Project Management Unit (PMU) and the Environmental and Social Office (ESO), and the Inter-Ministerial Resettlement Committee (IRC), through the General Department of Resettlement of the Ministry of Economy and Finance (GDR-MEF), are overall responsible for preparing, updating, implementing and financing the RAP. At the local government level, the MPWT and IRC are assisted by the Provincial Resettlement Subcommittee in the provinces and Working Groups in each relevant province. RESETTLEMENT BUDGET AND INDICATIVE SCHEDULE OF RP IMPLEMENTATION 11. The total cost of resettlement is estimated at $ 20,786, The indicative schedule for RP preparation and implementation is provided below: Activities Schedule RAP Preparation March April 2012 RAP Approval by JICA May 2012 Detailed Measurement Survey May December 2015 Socio-economic Survey July August 2015 Replacement Cost Survey October 2015 January 2016 Data Entry by MPWT January Mid-February 2015 RAP Updating by MPWT Mid-February Mid-March st Review and Comments of URAP by IRC Mid-March to Mid-April st Revision of URAP by MPWT Mid-April to End of April nd Review and Comments of URAP by Mid-May 2016 IRC 2 nd Revision of URAP by MPWT Mid-June 2016 Final Review and Endorsement of URAP End of June 2016 by IRC and Submission of URAP to JICA for approval Approval of URAP by JICA Mid-July 2016 Disclosure of approved URAP by JICA July 2016 IRC s request for budget approval by RGC August 2016 xi

12 Activities Schedule Implementation of approved URAP September 2016 September July 2017 Disbursement of Compensation to APs September 2016 September 2017 Relocation of AHs to resettlement sites September December 2016 Internal Monitoring, Submission of May 2016 October 2018 Quarterly Report to IRC and JICA External Monitoring Report (Intermittent) October 2015 May 2017 Commencement of Civil works Novemver 2016 xii

13 1.0 INTRODUCTION 1. This is an update of the Resettlement Action Plan (RAP) for National Road No. 5 Rehabilitation Project (Battambang Srei Sophorn, Battambang Bypass, Banteay Meanchey Bypass) which was approved by IRC and Japan International Cooperation Agency (JICA) in August Background 2. National Road No. 5 (NR 5) is among Cambodia s trunk roads connecting to the cross border between Thailand. Known as Asian Highway (AH-1) or the GMS Southern Economic Corridor, NR 5 was damaged by constant flooding and natural wearing. 3. In its efforts to rehabilitate and improve NR5 ( Battambang-Sri Sophorn to connect Phnom Penh to the border of Thailand), the Royal Government of Cambodia applied for loan from JICA and dubbed as National Road No. 5 improvement Project, JICA Loan No. CP-P The project is envisioned to increase the transportation capacity and improve the logistics competency in the north section of NR 5. The project will result to a more reliable, safe and convenient, and faster transport to road users, thereby contribute to economic development of Cambodia. 5. The project involves the improvement of existing Battambang-Sri Sophorn road (Section 1) and construction of Battambang (Section 2) and Sri Sophorn (Section 3) Bypasses. 1.2 Project Location and scope 6. The project is located in the north section of NR 5. Its starts at the junction of Battambang (BTB) Bypass in Thma Koul District, BTB Province and ends at Sri Sophorn (SS) in Mongkol Borei District, Banteay Mean Chey (BMCH) province. 7. The NR5 improvement project has a total length of km. Considering the magnitude and components of the project, it was decided to divide the whole project into two (2) contract packages. Contract Package 1 consists of widening of NR5 from Sta to Sta and the construction of BB Bypass with a length of km; while Contract package 2 involves widening of NR 5 from Sta to Sta and the construction of SS Bypass with a length of 9.34 km. The scope of works of the two (2) contract packages is presented in Table 1 and Figure 1 shows the Project Location below: 1

14 Table 1. Work Scope in Each Contract Package Particulars Package 1 Package 2 Road Works Widening of NR km BB Bypass km Widening of NR km TOTAL length km SS Bypass 9.34 km TOTAL length km Road Dimensions Rural Urban Rural Urban 23m width x km 28m width x 1.40 km 23m width x km 28m width x 0.55 km Bridge Works Rehabilitation = 4 Rehabilitation = 7 New Bridge = 1 New Bridge = 1 2

15 1.3 Civil works to be undertaken Figure 1. Project Location Map 8. Contract package 1 is comprised of Construction of Battambang Bypass (Sta to Sta ) and has a total length of km. It will be a four-lane travel way, each carriageway has a width of 3.5 m, with Asphalt Concrete (AC) surfacing and Double Bituminous Surface Treatment (DBST) shoulder, 2.5m width, on both sides. It will have 3

16 drainage and slope protection, concrete curb and gutter and concrete barrier, reflectorized pavement markings. Included in CP 1 is the construction of One (1) new bridge and RC box culverts. 9. The improvement of NR 5, Battambang Sri Sophorn Section ( Sta Sta ) will have a total length of km. The road will be upgraded from 2-lane to 4-lane travel way with AC surfacing and DBST shoulder on each side. It will also involve the construction of four (4) new bridges, new box culverts and extension of existing RC box culverts. It will have drainage and slope protection, concrete curb and gutters and concrete barrier and reflectorized markings. 10. In urban areas, the improved road will have a 3.0m sidewalk on each side. Figure 2. Cross Section of Bypass Roads 4

17 Figure 3. Typical Sections of NR5, Battambang - Sri Sophorn Section 11. Contract Package 2 (CP-2) involves the improvement of BB-SS section, Sta to Sta , with a total length of kms and the construction of SS Bypass, Sta to Sta , with a total length of 9.34 km. 12. This road section will be widened from the existing 2-lane to 4-lane travel way with AC surfacing and DBST shoulder on each side. The carriageway will have a width of 3.5 m while the shoulders are 2.5m wide. In Urban area, the road will have a 3.0 m sidewalk on each side. It will have drainage and slope protection, concrete curb and gutter and concrete barrier, road signs and reflectorized pavement markings. 13. The SS Bypass will be a 4-lane travel way with AC surfacing with a carriageway width of 3.5 m and a 2.5m DBST shoulder on each side. A new bridge will also be constructed and RC box culverts. Other components similar with other road sections will also be installed in this Bypass road. 1.4 Measures Adopted to Minimize Resettlement 14. The following measures have been adopted to minimize resettlement: (i) A Provisional Road Width (PRW) of 20.0 m from either side of the road for the rehabilitation of NR 5 has been designated and will be cleared of obstruction. In Bypasses, the PRW will be 30.0 m from either side of the road. 5

18 (ii) (iii) (iv) The BB Bypass will avoid affecting residential areas and impacting on natural environment of Tonle Sap lake while SS Bypass will avoid affecting residential area within the City of SS. Where platforms, ramps, culverts and similar structures searve as access to building from the road embarkment, these will be removed to allow construction to proceed, and replaced as soon as construction is completed. At locations where underground infrastructure are damaged, relocated or otherwise affected temporarily or permanently due to civil works for road improvement, such will be repaired, replaced and restored by the contractor to pre-project functional conditions as soon as construction completed. 2.0 LEGAL FRAMEWORK 15. Before the Pol Pot Regime (Khmer Rouge) came to power in 1975, private land ownership in Cambodia was recognized under The Cambodia Civil Code of During the Pol Pot Regime (from 1975 to 1979), ownership of private property was abolished and all property records were rescinded and destroyed. With the overthrow of the regime, the new government introduced usufruct rights to facilitate orderly occupation by people returning to urban areas, of vacant lands and structures. However, all lands in Cambodia remained as State properties until private ownership was restored on residential land with a maximum are of 2,000m The Land Law that was enacted in 1992 restored land ownership and reconstructed all ownership records existing before Pol Pot era. 2.1 Relevant Cambodian Laws and Regulations The 1993 Constitution of Cambodia 17. The 1993 Constitution of Cambodia sets two basic principles for land acquisition. The first is Article 44 which states that the right to confiscate properties from any person shall be exercised only in the public interest as provided by law and shall require fair and just compensation in advance. 18. In addition, Articles 73 and 74 of the Constitution stipulate special consideration and support for vulnerable people including mothers and children, the disabled and families of combatants who sacrificed their lives for the nation. Indigenous minorities however are not explicitly included in these two articles but included in the Land Law The 2001 Land Law 19. The 2001 Land Law is a comprehensive law that governs land and property rights in Cambodia. Based on the provisions of the 1993 Constitution, it determines the regime 6

19 of ownership of immovable properties that are defined as including land, trees and immovable structures. 20. The rights and responsibilities of the Government with respect to eminent domain are specified in the Land Law. The Government can acquire private land for public purposes but has to pay a fair and just compensation in advance of the land acquisition. The Land Law, Article 5, states that No person may be deprived of his ownership, unless it is in the public interest. An ownership deprivation shall be carried out in accordance with the forms and procedures provided by law and regulations and after the payment of fair and just compensation in advance. 21. Other provisions of the Land Law that are relevant to land acquisition, compensation and resettlement in the context of this Project include: (i) (ii) (iii) (iv) (v) (vi) Legal possession as defined by the Law is the sole basis for ownership, and all transfer or changes 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) Only persons or legal entities of Khmer nationality are entitled to own land in Cambodia; or to buy or sell land. (Article 8, 66) State public land includes, among other categories, any property a) that has a natural origin, such as forest, courses and banks of navigable and floatable rivers or natural lakes; b) that is made available for public use such as roads, tracks, oxcart ways, pathways, gardens, public parks and reserved land; or c) that is allocated to render a public service, such as public schools, public hospitals or administrative buildings. (Article 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) Ownership of lands is granted by the State to indigenous communities 1 as collective ownership, including all the rights and protection enjoyed by private owners. The exercise of collective ownership rights are the responsibility of the traditional authorities and decision-making mechanism of the indigenous community, according to their customs and subject to laws such as law on environmental protection. (Article 26) 1 As per Article 23 of the Land Law, An indigenous community is a group of people that resides in Cambodia whose members manifest ethnic, social, cultural and economic unity and who practice a traditional lifestyle, and who cultivate the lands in their possession according to the customary rules of collective use 7

20 (vii) (viii) (ix) (x) No authority outside the community may acquire any rights to immovable properties belonging to the indigenous community. (Article 28) Persons with legally valid possession of land for five years (at the time the law came into effect) are allowed to be registered as the owner of the land (Article 30). Persons who (at the time the law came into effect) held legal possessions but had not yet completed the fiver years are allowed to remain in possession until they are eligible to be registered as owner. (Article 31) However, temporary possession claims made by persons after the law comes into effect will not be recognized, rescinding a previous right under the 1992 Land Law for acquiring land by taking possession. (Articles 29,34) Landless people may apply for land for residential and subsistence farming purposes at no cost, as part of a Social Land Concession scheme. The concessionaire may obtain ownership of this land after fulfilling conditions set out in a separate Sub-Decree on Social Land Concessions. (Articles 50, 51) (xi) Acquisition of land through gift is permitted with the following conditions: a) the gift of immovable property is only effective if it is made in writing and registered with the Cadastral Registry Unit; b) once accepted, gifts or immovable property are irrevocable; and c) the donor may retain the right of usufruct in the property and the right of use and habitation of an immovable property. (Articles 80-84) The Expropriation Law 22. The expropriation Law was newly drafted by the MEF and it was passed by the National Assembly in 29 December 2009 and promulgated by the King on February 4, Article 2: This law has the following purposes: To ensure reasonable and just deprivation of a legal rights to ownership of private property; To ensure payment of reasonable and just prior compensation; To serve the public and national interest; and To develop public physical infrastructure. 2. Article 7: Only the State may carry out an expropriation for use in the public and national interest. Expropriation may only be carried out for the implementation of projects stipulated in Article 5 of this Law. 3. 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 of conduct any business. 8

21 4. Article 16 states that "Prior to make any expropriation project proposal, the Expropriation Committee shall conduct a public survey by recording of detail description of all entitlements of the owner and/or of then holder of real right to immovable property and other properties subject to compensation as well as recording of relevant issues. 5. Article 22: An amount of compensation to be paid to the owner and/or holder of rights in the real property shall be based on the market value of the real property or the alternative value as of the date of the issuance of the PRAKAS on the expropriation scheme. The market value or the alternative value shall be determined by an independent commission or agent appointed by the expropriation committee Other Relevant Regulations 23. Private ownership of lands was re-established in 1989 and confirmed in the 2001 Land Law (Article 4). Cambodians are able to register the land they occupy with the local Cadastral Administration Office (CAO), whereupon a Certificate of Land Title was granted. Issuing land title is a lengthy process and most offices have a major backlogs and pending applications. People are given receipt and until the official title deed is issued, the receipt is acceptable proof of real occupants of the land for purposes of sale. 24. The present legal status of land use in Cambodia can be classified as follows: (i) (ii) (iii) (iv) (v) Privately owned land with Title: The owner has official title to land and both owners and the CAO have a copy of the Deed. Privately owned land without title: The owner has a pending application for Land Title and waiting for the issuance of a Title Deed. The CAO recognizes the owner. Land Use Rights Certificate: In this case, a receipt for long-term land use has been issued. This land use right is recognized by CAO. Lease Land: The Government or private owners lease the land, usually for a short period. There is provision for owners to reclaim land if it is needed for development. Non-legal Occupation: The user has no land use rights to State Land that he occupies or use. The CAO does not recognize the use of this land Sub Decree on Social Land Concession, March The sub-decree provides for allocations to landless people of state lands for free for residential or family farming purposes, including the provision of replacement land lost in the cases of involuntary resettlement. 9

22 2.1.6 Prakas No Entitled Measures to Crack Down on Anarchic Land Grabbing and Encroachment, sets the ROW for road and railways. In support of this Prakas, MEF on April 6, 2000 issued Decree No 961 prohibiting compensation for structures and other assets located inside the ROW. Some Roads dimensions are modified by the Sub-decree No.197 (dated 23 November 2009) on Management of ROW along the national roads and railways in Cambodia. Table 2 below shows the amended ROW dimensions by virtue of Prakas No.6. Table 2: Road ROW Dimensions Road Category ROW Dimension under Prakas No.06 ROW Dimension under Subdecree No.197 NR-1, 4, 5 30 m from the centerline 30 m from the centerline Other 1-digit National Roads 25 m from the centerlines 30 m from the centerline 2-digit National Roads 25 m from the centerline 25 m from the centerline Provincial Road 20 m from the centerline not specified Commune Roads 15 m from the centerline not specified Railway outside city, province and crowded place 30 m from the centerline 30 m from the centerline Railways in forested areas 100 m from the centerline 100 m from the centerline 2.2 Gaps between Relevant Cambodian Laws and JICA Policy 27. Table 3 below summarizes the differences and gaps between Cambodian laws and JICA s policy on involuntary resettlement and measures that will be adopted in case where significant gaps between Cambodian Laws and JICA Policy exists. Table 3: Policy Gap Matrix Item Issue JICA Guidelines Cambodian Law Gap filling Measure 1 Support system for socially vulnerable groups It is neceesasry to give appropriate consideration to vunerable groups. 2 Assistance for Income Restoration Living standards and income opportunities and production levels of project affected peopel Sub-Decree on Social Land Concession provides allocation of free state land to landless people of residential or farming purposes, including the replacement of land lost in the context of involuntary resettlement The government has no clear policy or procedure to Income restoaration program (IRP) and assistance (allwance) to vunerable groups will be prepared. Income restoration program (IRP) will be prepared. 10

23 Item Issue JICA Guidelines Cambodian Law Gap filling Measure should be improved or at least restore to preproject levels restore livelihood of APs 3 Enhancement of public participation in planning and implementation of RAP 4 Compensation for land acquisition at Replacement Cost 5 AHs residing in the Project Appropriate participation of affected people and their communities should be promoted in planning, implementation and monitoring of RAP and measures taken against the lost of their means of livelihood. Prior compensation will be done with replacement cost, which means that compensation for lost assets must be made in full amount at replacement cost and at current market price. People to be resettled involuntarily and those It is clearly declared in the Expropriation law Article 16 that in conducting a survey of entitlements, public consultations shall be organized to provide specific and concise information and collect inputs from all stakeholders regarding the proposed basic public infrastructure project and that a dateline interview with all concerned parties shall be conducted. "The amount of compensation to be paid to the owner of /or holder in the real right to the immovable property shall be shall be based on the market price or replacement cost as of the date of issuance of declaration on the expropriation project., the expropriation law (article 22) Under the 2001 Land Law, those Stakeholders meeting and interviewd of AHs shall be conducted at appropriate stages according to JICA Guidelines nd the Expropriation Law. AHs will be compensated at replacement cost. The replacement cost will be calculatd based on the detailed mearsurement survey just before implementing resettlement. Assistance to AHs who are residing in 11

24 Item Issue JICA Guidelines Cambodian Law Gap filling Measure affected area before cut-off date 6 Grievance Redress Mechanism whose means of livelihood will be hindered or lost should be compensated and supported by the project s proponent during appropriate time. Grievance redress system must be formulated and must function appropriately. who occupied ROW or public proeperty are not entitled to any compensation or social support. Redress of Grievance redress system is stipulated in the Exproriation law; however, it has provision to exclude public infrastructure projects the project affected area, (including Public State Land) at the time of Cut- Off date, will be prepared. (Compensation for properties without land is compensated at replacement cost and resettlement site will be prepared for landless AHs) Grievance Redress Mechanism will be formulated. 3.0 PROJECT RESETTLEMENT POLICY 3.1 Objectives 28. The objective of the Resettlement Policy is to ensure that AHs are not worse-off because of the Project. The project should provide an opportunity for the local population to derive benefits from it and it should serve as venue for local population to participate in the planning and implementation of the project, thereby engendering a sense of ownership over it. 3.2 Key Principles 29. The key principles of the Resettlement Policy are the following: (i) Involuntary resettlement and loss of means of livelihoods are to be avoided where feasible by exploring all viable alternatives. When, after such an examination, avoidance is proved unfeasible, effective measures to minimize impact and to compensate for losses must be agreed upon with the people who will be affected; 12

25 (ii) (iii) (iv) People who must be resettled involuntarily and people whose means of livelihood will be hindered or lost must be sufficiently compensated and supported by RCG proponents in a timely manner. Prior compensation, at full replacement cost, must be provided as mush as possible. RCG must make efforts to enable people affected by projects improve their standard of living, income opportunities, and production levels, or at least restore these to preproject levels. Measures to achieve this may include: providing land and monetary compensation for losses (to cover land and property losses), supporting means for an alternative sustainable livelihood, and providing the expenses necessary for the relocation and re-establishment of communities at resettlement sites. Appropriate participation by affected people and their communities must be promoted in the planning, implementation and monitoring of resettlement action plan and measures to prevent the loss of their means of livelihood. In addition, appropriate and accessible grievance mechanism must be established for the AP and their communities. Resettlement Action Plans must be prepared and made available to the public. In preparing RAP, consultations must be held with AP and their communities based on sufficient information available to them in advance. When consultations are held, explanations must be given in a form, manner and language that are understandable to the AP. 3.3 Cut-Off Date 30. The Cut-Off date coincides with the start of Census and Inventory of Loss (IOL). The Cut-Off date for BTB-SS section and BTB Bypass is 1 st August 2011 while for BMCH Bypass was set on 6 th February These were disclosed to PAPs during the Stakeholder s meeting (SHM). This would mean that any land occupation or transfer, or structures to be built on affected land after the cut-off date will not be entitled to any compensation including land use right. 31. During the detailed measurement survey (DMS) the Inter-Ministerial Resettlement Committee, the government body that is tasked to spearhead the conduct of the DMS and the implementation of the RAP reiterated the final date of the cut-off-date as mentioned above. 3.4 Eligibility 32. Affected people are those who, at the time of the disclosure of the Project s Cut-Off date are residing, cultivating, doing business or have rights over properties within the project area and will be physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically affected (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of (i) involuntary expropriation of land, or (ii) involuntary restrictions on land use. 13

26 33. Persons not covered by the census are not eligible for compensation and other entitlement, unless they can show proof that: (i) (ii) They have been inadvertently missed out during the census and certified by local authorities; or They have lawfully acquired the affected assets following completion of the census and prior to the conduct of the Detailed Measurement Survey (DMS). 3.5 Entitlement Matrix 34. Table 4 below shows the Entitlement Matrix: 14

27 Table 4: Entitlement Matrix TYPE OF LOSS ELIGIBLE PERSONS ENTITLEMENT REMARKS A. LOSS OF LAND Outside ROW (Private Land) I. Loss of Land (All types): Either Partial or entire Land is lost Inside ROW ( Public State Land) I. Partial Loss of Residential and/or Commercial Land, in which the remaining land is STILL VIABLE for continued use Affected Households (AHs) with recognized proof of ownwreship whose land will be acquired (for the construction of bypass roads in Battambang (BTB) and Serie Sophorn AHs with main house and/or small shop (independent/family owned business) Two options are available to AHs: 1. Land Replacement ( Land to Land): Replacement land will have similar land quality and productivity potential 2. Cash compensation at replacement cost AHs must be removed entirely from PRW and no cash compensation is available for affected land in ROW No new permananet structures (i.e., structures on a foundation or wooden house lager than the affected one) are permitted to be constructed in the ROW AHs to be notified at least 90 days in advance before the start of civil works in the locality of the actual date that the land will be acquired by the project IRC will ensure payment of all compensation and allowances due to AHs at least 30 days prior to the scheduled start of civil works. IRC will support the AHs to separate to transform the affected land title certificate. Cost of the procedure will be borne by RCG. AHs to be notified at least 90 days in advance before the start of civil works in the locality of the actual date that the land will be acquired by the project. IRC will ensure payment of all compensation and allowances for which AHs are entitled to at least 30 days prior to the 15

28 TYPE OF LOSS ELIGIBLE PERSONS ENTITLEMENT REMARKS scheduled start of the civil works Reamining ROW is still public state land II. Entire Loss of Residential and/or Commercial and the remaining land is NO LONGER VIABLE 2 for continued use (Landless AHs) AHs losing main house and/or shops (Independent/Family owned business) and no more remaining land. No compensation for affected land in ROW Land replacement by land in a resettlement site or nearby villages provided by RCG or Cash Assistance to be determined based on the total cost of the resettlement site. In case for land replacement by land, a land plot will be a 7.0 m x 15.0m = m 2 per landless AH. Basic infrasturutres such as access roads, latrines, drainges and pumping wells will be provided as part of resettlementdevelopment. Electricity will also be provided if available in the area. However, AHs will bear the security deposit for electricity consumption required by service provided because the deposit will be refunded to AHs once the consumption is terminated. Land title for the land plot in the resettlement site with names of husband and wife will be provided to each AHs to be notified at least 90 days in advance before the start of civil works in the locality of the actual date that the land will be acquired by the project. IRC will ensure payment of all compensation and allowances for which AHs are entitled to at least 30 days prior to scheduled start of civil works Option for land replacement by land or cash assistance will be consulted with the APs during implementation. IRC will ensure allocation of replacement land within sufficient time (at least 90 days) to allow AHs to rebuild and relocate completely prior before the scheduled start of civil works. 2 The remaining unaffected land can no longer serve the purpose of the activity and or structure inside the affected land. The size of land considered as viable for economic use will be discussed by IRC-WG and AHs during DMS. 16

29 TYPE OF LOSS ELIGIBLE PERSONS ENTITLEMENT REMARKS household after five consecutive years of living on the land at no cost. IRC will support the AHs to acquire land title certificate after five consecutive years of AH s living on the land. Cost of the procedure will be borne by RCG. Remaining ROW is still public III. Loss of Productive Land Use; Either Partial or Entire Land is Lost B. LOSS OS STRUCTURES 1. Loss of Houses or Shop/Store: Either Partial or Entirel Strucutre is lost All AHs occupying land or using land in the Provisional Road Width (PRW) All the AHs confirmed to be residing in, doing business or having rights over resources within the project affected area during the conduct of IOL and No cash compensation is available for affected land in ROW. See also (C. LOSS OF CROPS AND TREES) Cash compensation at Replacement Cost without deduction for depreciation or salvageable materials (i.e., present cost of construction materials in the locality plus cost of labor) AHs are also entitled to Transport Allowance ( refer to Item E) state land. AHs to be notified at least 90 days in advance before the start of civil works in the locality of the actual date that the land will be acquired by the project. AHs will not be moved from the ROW outside the PRW without justifiable cause (i.e., unless or until the land is required by the government for road improvement purposes) Reamining ROW is still public state land. AHs to be notified at least 90 days in advance before the start of covil works in the locality of the actual date that the land will be acquired by the project. AHs to get cash compensation at least 30 days ahead of civil 17

30 TYPE OF LOSS ELIGIBLE PERSONS ENTITLEMENT REMARKS census of AH ( as for cut-off date) works in the locality to allpw AHs sufficient time to gradually reorganize the house and/or shop, thereby avoiding any disruption in their livelihood. AHs must completely cut, move back or relocate their houses/structures to new site within 30 days after receiving compensation. If the structure is found no longer viable for living, compensation will be paid for the entire structure and the AHs will also be entitled to other Renters are entitled to the following allowances: Transportation (moving) Allowance: USD 40 Disruption Allowance: A lump sum cash assistance of USD Rental Allowance: equivalent to two months rent of a similar building in the locality. If AHs belongs to any of the Vulnerable group, see Item E Provision of information in finding alternate rental accommodation. allowances. AHs to be notified at least 90 days prior in advance before the start of civil works in the locality of the actual date that the land will be acquired by the project IRC will ensure payment of all allowances for which AHs are entitled to at least 30 days prior to commencement of civil works AHs that rent house and/or shop are entitled to a one-time transport allowance only. 18

31 TYPE OF LOSS ELIGIBLE PERSONS ENTITLEMENT REMARKS II. Other Structures (Porch, extended eaves,spirit house, fence, etc) All the AHs confirmed to be residing in, doing business or having rights over resources within the project affected area during the conduct of IOL and census of AHs ( as of Cut-off Date) C. LOSS OF CROPS AND TRESS I. Loss of Crops Owners of Crops regardless of land tenure II. Loss of Fruit or Shade Trees Owners of tress regardless of Tenure Cash compensation at Replacement Cost without deduction for depreciation and salvageable materials (i.e., present cost of construction materials and labor in the locality) To the extent possible, AHs will be allowed to harvest their annual and perennial crops prior to construction. If crops cannot be harvested due to construction schedule, AHs are entitled to cash compensation for the affected crops at replacement cost Fruit trees will be compensated in cash at replacement cost AHs to be notified at least 90 days in advance before the start civil works in the locality of the actual date that the land will be acwuired by the project. IRC will ensure payment of all allowances for which AHs are entitled to at least 30 days prior to the scheduled start of the civil works. Annual Crops AHs will be given 90 days notice that the land on which their crops are planted will be used by the project and that they must harvest their crops before the civil works. Remaining ROW I still public state land AHs to be notified at least 90 days in advance before the start of the civil works in the locality of the actual date that the land will be acquired by the project. 19

32 TYPE OF LOSS ELIGIBLE PERSONS ENTITLEMENT REMARKS Remaining ROW is still public state land. D. LOSS OF COMMON PROPERTY RESOURCES I. Partial or EntireLoss of Community and/or Public assets E. ALLOWANCES AND ASSISTANCES I. Transportation (moving) Allowance Affected communities or concerned government agencies who own the assets AHs that relocate their house or house/shop Replacement with similar structure and quality in the area identified in consultation with affected communities and/or relevant authorities. Shops and stalls made of light and temporary materials: USD 5 to USD 10 (depending on the scale of the structure to be relocated) Regular shops and house moving to residual or adjacent areas: USD 40 Regular shops and houses relocating within the same village outside of the ROW: USD 60 Houses relocating in another village outside of the ROW: USD 70 Communities to be notified at least 90 days in advance before the start of civil works in the locality of the actual date that the land will be acquired by the project. Remaing ROW is still public state land. Owners of houses or houses/shops are entitled to a one time transport allowance only. Remaing ROW is still public state land 20

33 II. TYPE OF LOSS ELIGIBLE PERSONS ENTITLEMENT REMARKS Severely Affected AH 3 Vulnerable AHs Allowance for Severely Affected AHs and Vulnerable groups 1. Disruption Allowance Relocating AHs to residual or adjacent areas ( whose house types 1A to 2G) with floor area less than 60 m 2 Relocating AHs to residual or adjacent areas (whose house type 1A to 2G) with floor area is 60m 2 or more Relocating AHs to residual or adjacent area (whose house type 2H or higher) Relocating AHs to a new resettlement site 2. Temporary loss of business Owners of relocating income during relocation shops 3. Income Restoration Program (IRP) Severely affected and Vulnerable AHs One time cash assistance equivalent to USD 100 per AHs and/or Vulnerable AHs Entitled to participate in Income Restoration Program One time cash assistance equivalent to USD 33 One time cash assistance equivalent to US$ 100 One time cash assistance equivalent to US$ 150 One time cash assistance equivalent to US$ 200 Lump sum cash assistance equivalent to UD$ 50 Provision of IRP during RAP implementation As indicated above, relocating landless AHs are entitled to replacement land with title at no cost. Allowances shall be paid as the same time with compnesation In-kind assistance to strengthen or initiate income-generating 3 Severely Affected AHs include AHs who will (i) lose 10% or more of their total productive land and/or assets; and (ii) have to relocate due to the Project. 21

34 TYPE OF LOSS ELIGIBLE PERSONS ENTITLEMENT REMARKS activities will be provided after need assessment in consultation with eligible AHs. Forms of assistance may include, but not limited to, agricultural extension assistance, technical and other assistance to develop existing or new income generating activities and project related employment. Special attention to the needs and opportunities will be given to Vulnerable AHS. F. TEMPORARY IMPACTS DUE TO ROAD CONSTRUCTION AND MAINTENANCE I. Affected assets during construction II. Damage to fields and private or community infrasturctures including bund walls, drains and channels, etc Owners of assets Owners or persons using the field Compensation for lost assets in cash at replacement cost, or Compensation as leasing fee based on replacement cost and temporarily affected land will be returned to origainl owner/occupant Repair of damage or payment for repair of damge at replacement cost. Contractor will be required by contract to pay these costs. Construction and maintenance will be carried out so as to minimize damage Costruction will be required by contract within PRW As part of ccivile works contracts, all access roads/drievways to properties adjacent to the road will be repaired or replaced including culevrts and other facilities to a condition equal or better that at present. 22

35 TYPE OF LOSS ELIGIBLE PERSONS ENTITLEMENT REMARKS The disruption period will be minimized as much as possible The contractor will repair the land back to its original condition before returning to the owners. 23

36 4.0 PROJECT IMPACTS 4.1 Methodology in Updating the RAP 35. Based on the data from Detailed Measurement Survey (DMS), the SEO under the Planning and Investments Department of the MPWT with assistance from consultants updated the approved RAP (2012). 36. The General Department of Resettlement has reviewed the Udated RAP to ensure the compliance with approved RAP before submission to IRC and JICA for approval Detailed Measurement Survey (DMS) 37. The DMS for the road improvement and Bypass roads were conducted on the following dates: i. Battambang Bypass road from 05 May 2015 to 21 July 2015; ii. Battambang existing road from 21 July 2015 to 30 December 2015; iii. Banteay Mean Chey By pass road from 04 May 2015 to 04 June 2015; and iv. Banteay Mean Chey existing road from 02 June 2015 to 22 December The procedures of the DMS are similar to those of the IOL, i.e., detailed recording of all users of land and owners of other assets. The conduct of the DMS was spearheaded by the working group of IRC with assistance from working group of the PRSC Replacement Cost Survey (RCS) 39. The Replacement Cost Survey (RCS) was first carried out at the same time that the IOL was conducted in August to September 14, 2011 for NR5 North Section and BB Bypass while the RCS for SS Bypass was conducted on February 6-20, The 2012 approved RAP has elaborately discussed the methodology used in the RCS. During the updating of this RAP, a new RCS was conducted in October 24 to December 2, 2015 using the same methodology used in 2012 RCS Updated Costs 40. The updated unit costs, per results of recent RCS, of land covered with recognized proofs of ownership, structures, crops, perennials and timber trees in districts and communes traversed by the project are provided below. A. Unit Cost of Land 41. Unit cost of land in areas affected by the project including Bypasses is presented in Table 5 below: 24

37 Table 5: Unit Cost of Land Land Type Average Unit Prize (USD/m 2 Note BTB BMC Residential USD only in Mongkolborey Orchard Agriculture Commercial B. Unit Costs of Main Structures 42. The unit costs for Main Structures (Houses, Shops and Stalls are presented in table 6 below: Table 6: Unit Costs of Main Structures Roof Wall Column Floor Story Type USD/m 2 Battambang Province Thatch/pl astic None Soil 1A None Mortar 1A None Bamboo 1A Thatch/plastic ប Mortar 1B រ ឫស ស ខ ស ព ដ Wood Wood Bamboo 1C រ ន ង ឥដ រ ម ន ង ន ន បត ង បត ង ជ ង ល ន ង ន ទ ១ Concrete Tile and Brick and No wall Ground & First Concrete 1D ម ន នជ ង None ស Plastic ម ន នជ ង None ម ន នក ល Soil ម ន នក ល Soil ប Mortar 2A B C ស ង ស /ហ រប Zn/Fibro ល សស ញ ន ង ឥដ ប Wire and Low Brick ក ង ក ស /ស ក/ស ប វ Thatch ស /ស ក/ស ប វ Plastic ស ង ស Zinc ប Mortar ម ន នក ល None/ Soil ប Mortar ឫស ស Bamboo ម ន នក ល ផ តព ដ On stilt 2D E F F G

38 Roof Wall Column Floor Story Type USD/m 2 None/ Soil ស ង ស Zinc ស ង ស Zinc ស ង ស Zinc ស ង ស ន ងជ ង ឥដ ប Zin and Lower Brick wall ស ង ស ន ងជ ង ឥដ ប Zin and Lower Brick wall ស ង ស Zinc ដក Steel Timber Timber / /Timber ប Mortar ឫស ស Bamboo រ Tile ប Mortar រ Tile រ Wood ផ តព ដ On stilt ១ ន /ខ ស ព ដ 2G G G H H I ក ង ក ស ក/ស ប វ Thatch ឫស ស Bamboo រ Wood រ Wood រ Wood រ ន ងឥដ Wood and Brick ឥដ Brick ឥដ Brick រ Wood រ ន ងឥដ Wood and Brick រ ន ង រ Wood and Wood ឥដ រ ម ន ង ន ជ ង ល Brick and No wall ឥដ Brick Timber Timber Timber Timber Timber Timber បត ង Concrete បត ង Concrete Timber ន ង បត ង Timber and Concrete Timber បត ង Concrete បត ង Concrete រ Wood រ Wood រ Wood ម ន នក ល None/ Soil ប Mortar រ Tile រ ន ងដ Wood and Soil ប Mortar រ Tile រ Wood រ ន ង រ Wood and Tile រ ន ង រ Wood and Tile បត ង ន ង រ Concrete and Tile រ ន ង រ ១ ន /ខ ស ព ដ ១ ន /ខ ស ព ដ ផ តព ដ On stilt 2J K L M M M ន ន ង ន ទ ១ 2N Ground & First 2O O ១ ន /ខ ស ព ដ ន ន ង ន ទ ១ Ground & First ន ន ង ន ទ ១ Ground & First ន ន ង ន ទ ១ Ground & First ន ន ង ន ទ ១ 2P Q R S T

39 Roof Wall Column Floor Story Type USD/m 2 ក ប ង Tile Roof បត ង Concrete Gas Station ឥដ Brick រ Wood ស ក/ស ប វ Thatch ឥដ Brick រ Wood រ ន ងឥដ Wood and Brick ឥដ Brick ឥដ Brick ឥដ Brick ឥដ Brick បត ង Concrete Timber Timber បត ង Concrete Timber Timber បត ង Concrete បត ង Concrete បត ង Concrete បត ង Concrete Wood and Tile ប Mortar ប Mortar រ Wood រ Tile រ Wood រ ន ង រ Wood and Tile បត ង ន ង រ Concrete and Tile រ Tile រ Tile រ Tile Ground & First ១ ន /ខ ស ព ដ ១ ន /ខ ស ព ដ ន ន ង ន ទ ១ Ground & First ន ន ង ន ទ ១ Ground & First ន ង ត and Mezzanine ន ត ន ង ន ទ ១ Ground, mezzanine & First ន ត ន ទ ១ ន ង ន ទ ២ Ground, mezzanine, First & Second 3A B C D E F G A B C សង ស ភ ធ (ស ង រ) បត ង ប GS សង ស ភ ធ ( ដប ) បត ង ប GS សង ស ភ ធ ( ត ត ច) Awning/Extended Eaves បត ង ប GS ស ក/ស ប វ Thatch ម ន នជ ង None ម ន នជ ង None ម ន នជ ង None ម ន នក ល Soil ប Mortar ម ន នក ល S-1 - S-2 - S

40 Roof Wall Column Floor Story Type USD/m 2 Soil ស ង ស /ហ រប ស ម ង ត Zinc/Fibro ម ន នជ ង None ម ន នជ ង None ម ន នជ ង None / ដក /Iron / ដក /Iron / ដក /Iron ប Mortar ឥដ ក ន សង Brick Floor រ Carrolage S S S Kitchen ស ង ស /ហ រប ស ម ង ត Zinc/Fibro ជ រង ក រស វ Rice storage ស ង ស /ហ រប ស ម ង ត Zinc/Fibro បង ន Toilet ស ង ស /ហ រប ស ម ង ត Zinc/Fibro រទ ងសត Animal Shed ស ក Leave ល សស ញ Wire ឫស ស Bamboo ម ន នជ ង None ស ង ស Zinc ស ង ស Zinc រ Wood ល សស ញ ន ង ឥដ Wire and Brick ដ ន ងឫស ស Clay and Bamboo ដ ន ងឫស ស Clay and Bamboo រ Wood ស ង ស Zinc ស ង ស Zinc រ Wood រ Wood ឥដ Brick ឥដ ប Lower wall / ដក /Iron Timber Timber Timber Timber Timber បត ង Concrete / បត ង ម ន នក ល Soil ឫស ស Bamboo ប Mortar ម ន នក ល Soil រ Tile រ Wood រ Tile ឫស ស Bamboo រ Wood រ Wood ប Mortar រ Tile ប Mortar រ Tile រ Tile ប Concrete ១ ន / K K K K K ១ ន / ១ ន / ១ ន / ១ ន / ១ ន / K K RS RS RS T T T T T AS

41 Roof Wall Column Floor Story Type USD/m 2 Wood/concr ete ស ង ស Zinc ស ក/ស ប វ / ស ច Thatch ស ង ស /ហ រប Zn/Fibro ឥដ ប Lower wall ល សស ញ ន ង ឥដ Wire and Brick ម ន នជ ង None ម ន នជ ង None ម ន នជ ង None ស ក/ស ប វ / ស ច Thatch/plastic រ Wood ឥដ រ ម ន ង ន ជ ង ល Brick and No wall ម ន នជ ង None ស /ស ក/ស ប វ Plastic ម ន នជ ង None / បត ង Wood/concr ete / បត ង Wood/concr ete ប Concrete ប Concrete Banteay Meanchey Province Wood បត ង Concrete ម ន នក ល Soil ប Mortar ឫស ស Bamboo ប Mortar ឫស ស Bamboo រ ន ង បត ង Tile and Concrete ម ន នក ល Soil ម ន នក ល Soil ប Mortar ខ ស ព ដ ន ន ង ន ទ ១ Ground & First AS AS A A A B C D A B C ល សស ញ ន ង ឥដ Wire and Brick ក ង ក ស /ស ក/ស ប វ Thatch ស /ស ក/ស ប វ Plastic ស ង ស Zinc ស ង ស Zinc ស ង ស Zinc ស ង ស Zinc ដក Steel ប Mortar ម ន នក ល None/ Soil ប Mortar ឫស ស Bamboo ម ន នក ល None/ Soil ប Mortar ឫស ស Bamboo រ Tile ផ តព ដ On stilt ផ តព ដ On stilt 2D E F F G G G G

42 Roof Wall Column Floor Story Type USD/m 2 ស ង ស ន ងជ ង ឥដ ប ប Zin and Lower Brick Timber Mortar 2H wall ក ប ង Tile Roof ស ង ស ន ងជ ង ឥដ ប Zin and Lower Brick wall ស ង ស Zinc ក ង ក ស ក/ស ប វ Thatch ឫស ស Bamboo រ Wood រ Wood រ Wood រ ន ងឥដ Wood and Brick ឥដ Brick ឥដ Brick រ Wood រ ន ងឥដ Wood and Brick រ ន ង រ Wood and Wood ឥដ រ ម ន ង ន ជ ង ល Brick and No wall ឥដ Brick ឥដ Brick រ Wood ស ក/ស ប វ Thatch Timber Timber Timber Timber Timber Timber Timber Timber បត ង Concrete បត ង Concrete Timber ន ង បត ង Timber and Concrete Timber បត ង Concrete បត ង Concrete បត ង Concrete Timber Timber រ Tile រ Wood រ Wood រ Wood រ Wood ម ន នក ល None/ Soil ប Mortar រ Tile រ ន ងដ Wood and Soil ប Mortar រ Tile រ Wood រ ន ង រ Wood and Tile រ ន ង រ Wood and Tile បត ង ន ង រ Concrete and Tile រ ន ង រ Wood and Tile ប Mortar ប Mortar រ Wood ១ ន /ខ ស ព ដ ១ ន / ១ ន /ខ ស ព ដ ផ តព ដ On stilt ន ន ង ន ទ ១ Ground & First ១ ន /ខ ស ព ដ ន ន ង ន ទ ១ Ground & First ន ន ង ន ទ ១ Ground & First ន ន ង ន ទ ១ Ground & First ន ន ង ន ទ ១ Ground & First ១ ន / 2H I J K L M M M N O O P Q R S T A B C

43 Roof Wall Column Floor Story Type USD/m 2 ឥដ បត ង រ 3D Brick Concrete Tile បត ង Concrete ន យ របង Gas Station រ Wood រ ន ងឥដ Wood and Brick ឥដ Brick ឥដ Brick ឥដ Brick ឥដ Brick Wood Timber បត ង Concrete បត ង Concrete បត ង Concrete បត ង Concrete រ Wood រ ន ង រ Wood and Tile បត ង ន ង រ Concrete and Tile រ Tile រ Tile រ Tile ១ ន / ន ន ង ន ទ ១ Ground & First ន ន ង ន ទ ១ Ground & First ន ង ត and Mezzanine ន ត ន ង ន ទ ១ Ground, mezzanine & First ន ត ន ទ ១ ន ង ន ទ ២ Ground, mezzanine, First & Second 3E F G A B C សង ស ភ ធ (ស ង រ) បត ង ប GS សង ស ភ ធ ( ដប ) បត ង ប GS ស ប Awning/E xtended Eaves ស ក/ស ប វ Thatch ស ង ស /ហ រប ស ម ង ត Zinc/Fibro សង ស ភ ធ ( ត ត ច) ម ន នជ ង None ម ន នជ ង None ម ន នជ ង None បត ង ប GS ម ន នក ល Soil ប Mortar ម ន នក ល Soil S-1 - S-2 - S ម ន នជ ង None / ដក /Iron ប Mortar S

44 Roof Wall Column Floor Story Type USD/m 2 ផ យ Kitchen ស ង ស /ហ រប ស ម ង ត Zinc/Fibro ម ន នជ ង None ម ន នជ ង None ល សស ញ Wire / ដក /Iron / ដក /Iron ឥដ ក ន សង Brick Floor រ Carrolage ម ន នក ល Soil S S K ជ រង ក រស វ Rice Storage ស ង ស /ហ រប ស ម ង ត Zinc/Fibro ឫស ស Bamboo ម ន នជ ង None ស ង ស Zinc ស ង ស Zinc រ Wood ល សស ញ ន ង ឥដ Wire and Brick ដ ន ងឫស ស Clay and Bamboo / ដក /Iron Timber ឫស ស Bamboo ប Mortar ម ន នក ល Soil រ Tile រ Wood រ Tile ឫស ស Bamboo ១ ន / K K K K ១ ន / ១ ន / ១ ន / K K RS បង ន Toilet ស ង ស /ហ រប ស ម ង ត Zinc/Fibro ដ ន ងឫស ស Clay and Bamboo រ Wood ស ង ស Zinc Timber Timber រ Wood រ Wood ប Mortar ១ ន / ១ ន / RS RS T ស ង ស Zinc រ Wood រ Wood ឥដ Brick Timber Timber បត ង Concrete រ Tile ប Mortar រ Tile រ Tile T T T T

45 Roof Wall Column Floor Story Type USD/m 2 រទ ងសត Animal Shed ស ក Leave ស ង ស Zinc ឥដ ប Lower wall / បត ង Wood/concr ete ប Concrete ឥដ ប / បត ង ប ល សស ញ ន ង ឥដ Wire and Brick / បត ង ប AS AS AS C. Unit Cost of Secondary Structures 43. The road rehabilitation will also be affecting different types of secondary structures. Table 7 below presents the unit cost per type of secondary structures: Table 7: Unit Cost of Affected Secondary Structures No. Other structure Unit Unit Cost (US$) ប-ម ន នសរ ស ដក Cement concrete pavement no reinforcement 1m ប- នឬស ស Bamboo reinforced concrete pavement 1m ប- នសរ ស ដក Steel reinforced concrete pavement 1m រ Concrete block (carrolage) 1m ឥដ ក ន សង Terracotta 1m អណ ងជ ក/ ម ន នកង ល Dug Well / no concrete ring អណ ងជ ក ( នកង ល ៨០០មម ន ង នជ ល សព ៦ម) Dug well (diameter of 800mm and more than 6m depth) អណ ងស ប ន ផន ក បជ វ ញ (គ ណ ពធម ) Pumped well with concrete pad-normal quality pump អណ ងស ប ន ផន ក បជ វ ញ (គ ណ ពល ) Pumped well with concrete pad-good quality pump រព ភ ម LS Spirit house រព ភ ម ន ជ ង រទ ន ង ន ងទ ក ង រ ម ( ត មធ យម) Spirit house with support and concrete ring/brick with plastering 1set ផ រអ ព ដ Grave (earth) ls ផ រអ ព ស ម ងត Grave (concrete) ls 2, ចត យ (ត ច) Chedey/stupa 1 set 3,

46 No. Other structure Unit Unit Cost (US$) ចត យ (មធ យម) 14 Chedey/stupa 1 set 5, ម ង 1 set 6, ង រផ អ ព ឥដ ឬស ម ងត (ម នប កប ល រ ដក) House gate Brick/cement 1 set ងទ កអ ព ឥដ ឬស ម ងត Water storage 1m ន ឈ Wood bridge 1m ន បត ងច លផ Concrete bridge to house 1m ជ ងទប ដ ១០សម Retaining wall 10cm 1LM ជ ងទប ដ ២០សម/ ខ នឥដ Retaining wall 20cm 1LM ជ ងទប ដ ២០សម/ ខ នឥដ Retaining wall 20cm 1m ប ង ង ន Hydraulic Hoist (Car wash stands) 1m រ បស ក ស ង ដ រ Status LS សជ ណ រស ម ងត Brick stair rest LS ពលកម រស ទ ក Labor for pond digging 1m រ រ ប ល ភ ងវត Labor for re-building electrical post (pagoda property) ទ រ ក ស (ពលកម រ រ រ ម ង រតទ ឡ ងវ ញ) Labor for relocating LPG pump 1 set ទ រ ក របង (ពលកម រ រ រ ម ង រតទ ឡ ងវ ញ) 1 set Labor for relocating fuel pump ស ទន ន ជ ងទ រម (ពលកម រ រ) Labor for moving fuel storage tank on stilt ស ទន រ មដ (ពលកម រ រ) 1 set Labor for moving fuel storage tank underground ណ ណ ជ ក ម LS Commercial signboard ប លស ម ងត ស ល រព ដ pcs Concrete post for land demarcation 6.00 Fence សសរ នរ រប ស ស 1 LM 3.00 Wooden post with bamboo rebar សសរ នរ រ រ 1 LM 5.50 Wooden post with wood rebar សសរ ងសង ស 1LM 7.00 Wooden post with metal sheet របងប ល បត ងល សប Concrete post with wire 1 LM set 34

47 No. Other structure Unit Unit Cost (US$) ប ល បត ង នធ ម រក ត ន ង ជ ង ង Reinforced concrete column with lower beam and foundation 1LM របង រ បឥដ 10 Brick of 100mm; concrete/brick column 1m របង រ បឥដ 20 Brick of 200mm; concrete/brick column 1 m របងថ ភ Mountain stone 1 m របង រ បឥដ 20 នច រ ង ដកធម តម ន នក ច ក ល សសរ Brick of 200mm; concrete/brick column with steel grill 1 m របង រ បឥដ 20 នច រ ង ដក ន ង នក ច / រជ ក លសសរ Brick of 200mm; concrete/brick column with steel grill 1 m របង រ បឥដ 20 នក ច លម នក ច / រជ ក លសសរ Brick of 200mm; concrete/brick column with decoration 1 m របងវត Pagoda fence 1LM ង រ វ ត Pagoda gate (three gables) LS 7, ង រច លផ អ ព បត ង ( រចកច ល ធ ម យ ត ចម យ) Entrance gate (column) one big and one small LS ង រច លផ អ ព Entrance gate Wood LS Drainage and Water Supply ល ស ម ងត 0.2m 1 Drain pipe 0.2m pcs ល ស ម ងត 0.4m Drain pipe 0.4m pcs ល ស ម ងត 0.6m Drain pipe 0.6m pcs ល បត ង 0.8m Concrete culvert dia. 0.8m (L=1m) pcs ល បត ង 1.0m Concrete culvert dia. 1m (L=1m) pcs ល បត ង 1.2m Concrete culvert dia. 1.2m pcs ល បត ង 1.5m Concrete culvert dia. 1.5m pcs រ Main hole LS ទ ទ ក ម ខ ត ២១មម 1LM Water supply pipe d.21mm ទ ទ ក ម ខ ត ២៧មម Water supply pipe d.27mm 1LM 9 ទ ទ ក ម ខ ត ៦០មម 1LM 9.50 Water supply pipe d.60mm ទ ទ ក ម ខ ត ៨០មម 1LM Water supply pipe d.80mm ទ ទ ក ម ខ ត ១០០មម Water supply pipe d.100mm 1LM

48 D. Crops and Trees 44. The formula used to calculate market rates of crops and trees was the same as of previous RCS, as follows: Yield multiplied by the Number of times it will produce multiplied by the market price multiplied by the number of years to become mature. 45. The RCS provided a pricing for affected trees and crops based on mature crops (over 5 years). To calculate the prices of crops and trees below mature age, the following formula was used: 1 3 years old compensated at 1/3 its full price (as it can be replanted); 3 5 years old compensated at 2/3 its full price; and More than 5 years old: full amount of compensation Table 8: Unit Price of Trees No. Type Unit Unit Cost US Dollar 1-3yrs 3-5yrs Over 5yrs 1 ស យ (ធម ត ) - Mango Tree ដ ង - Coconut Tree ខ រ - Jack Tree ឬស ស រព - Bamboo Cluster ឬស ស ព ងពង - Bamboo Cluster ឬស ស រស ក - Bambo Cluster អ ព លជ / ផ ម - Tamarin Tree រក ចថ ង - Pomelo Tree រក ចឆ រ - Lemon/Lime Tree ត ត - Sugar Palm tree Tree ទ បស ត( ទ ប ខ រ) - Custard apple Tree ទ បប រ ង - Soursop Tree អ ក ស យ - Acacia/ Eucalyptus Tree ស យចន - Cashew Tree រព ង - Pring tree Tree កន ត - Kantuort Tree ព ទ - Jujube Tree ស - Sdao Tree ជម រ - Chom-phu Tree អ យម យ - Oy Moy Tree ក ព ងរ ជ - Sandoricum tree Tree គរ - Kor/Kapok tree Tree

49 No. Type Unit Unit Cost US Dollar 1-3yrs 3-5yrs Over 5yrs 21 រកស ង - Krasang Tree ម ក - Makak Tree ថ វ - Tkov Tree ដ មខ ត - Kvet Tree រក ច ព ធ ស ត - Orange Tree ដ មស - Areca nut tree Tree អ ព លទ ក - AmpilTeuk Tree រត បក ( ខ រ) Guava Tree ម ន - Longan Tree ទ ក ដ គ - TeukDohKor Tree ធ រ ន - Durian Tree សដ - Egg fruit Tree ល ត - Sapodilla Tree ច ន គ រ - Chankiri Tree ច ន - Chan Tree ទន ម - Pomegranate Tree រតខ បប រ ង - Trakhob Barang Tree រសក ន គ - Dragon fruit ជន ង ប រ - Avocado Tree ក ស - Rubber tree Tree ច ន រ គ ស - Chan Krisna Tree ទ ព ងប យជ - Grape Tree រតខ ប - Trakob Tree អ ង រ ដ - Angkeardei Tree ស - Sa am Tree ព រង Pongro Tree គគ រ- Koki Tree ឆ យ - Chhaya LS Others Tree ល ង - Papaya Tree ចក - Banana Tree អ ព - Sugarcane Cluster Affected Households (AHs) 37

50 46. The results of the DMS revealed that the project will be affecting a total of 4,170 households AHs are male-headed, 1157 AHs are female headed and around 22 head of AHs whose gender are not immediately known. The rehabilitation of NR 5 accounts to most number of AHs at 3,584; BTB Bypass will have 519 AHs and BMC Bypass has the least AHs at Across area, the total affected population (AP) is 16,332. The Male AP accounts to 3,189; Female AP is about 1,923 and around 11,220 APs whose gender is not immediately known. Table 9: Total Affected Households (AHs) Table 10: Total Affected Population (APs) 4.2 Inventory of Affected Fixed Assets Affected Land 48. The results of the recently conducted DMS shows that the National Road 5 Rehabilitation Project will be affecting a total of has (1,774,748 m 2 ) of land. The Bypass roads will be affecting a total area of has (Banteay Mean Chey: 47.2 has and Battambang around has) and the realignment in Banteay Mean Chey will be affecting a total of 0.57 has (5, m 2 ) all are classified as private lands. Affected productive land inside the ROW has an area of 3, m Of the total land area to be affected by the project, 86.50% (153.51has) is agricultural land; 4.7% (8.41has) classified as orchard; residential land accounts to 7.9% ( has) and affected commercial area is 0.9% ( 1.59 has). 38

51 50. The total acquisition cost for all affected private lands is $ 10,705, Costs for acquiring land for Banteay Mean Chey Bypass road is $ 2,878,924.20, the Battambang Bypass road amounts to $ 6,788, and land affected by the realignment of NR 5 in Banteay Mean Chey amounts to $ 1,038, Affected private lands are owned by 774 households. Affected agricultural lands are owned by 470 AHs, residential lands are owned by 237 AHs and affected orchard and commercial lands are owned by 65 and 2 AHs respectively. 52. Of the 774 households whose lands are affected, 122 are female household heads, as presented in Table 11 below: 53. Table 12 below shows the distribution of affected lands and the corresponding acquisition costs, while Table 13 shows the number of affected landowners. Table 11: Land Losses (m 2 ) According to Gender of AH Head 39

52 Table 12: Affected Lands by Classification (m 2 ) Table 13: Number of AHs Affected by Land Acquisition Affected Main Structures 54. Within project area, there are 3,093 structures that will be affected by the project. Of the total, 562 are houses with an aggregate area of 35, m 2, 339 House cum Store, total 40

53 area of 111, m 2 ; 1,020 units of Store/Shops having an aggregate area of 19, m 2 and around 1,172 units of various structures whose total area is 19, m 2. The breakdown is shown in Table 14 below. 55. Of the 562 affected houses of various structure categories, 502 units with an aggregate area of 35, m 2 will be severely affected. The total estimated replacement cost for affected houses is $ 2,693, The breakdown is shown in Table 15 below. 56. There are 339 units of houses that double as store that will be affected having an aggregate area of 10, m 2. Of this type of structure, 311 are severely affected. The replacement cost for these structures is estimated at $ 849,208.62, as shown in Table 16 below. 57. Affected stalls within the project area account to 1020 units with an aggregate area of 19, m 2 and a replacement value of $ 1,023, as shown in Table 17 below. 58. Affected other structures accounted to 1,172 units with an aggregate area of m 2 and an estimated replacement cost of $ 463, as shown in Table 18 below. Table 14: Number of Affected Main Structures According to Use 41

54 Table 15: Count, Area and Replacement Cost of Affected Houses 42

55 Table 16. Count, Area and Replacement Cost of Houses cum Store 43

56 Table 17 Count, Area and Replacement Cost of Stalls 44

57 Table 18 Count, Area and Replacement Cost of Other Structures Affected Secondary Structures 59. There are at least 40 types of secondary structures that will be affected within the project area. The calculated replacement cost for these affected secondary structures is US$ 1,442, The breakdown of affected secondary structures is presented in Table 19 below Affected Trees 60. The project will likewise affect a total of 57,984trees of various species and maturity. The calculated replacement cost for the affected trees is US$ 643, The breakdown of affected trees is presented in Table 20 below. 45

58 Table 19 Affected Secondary Structures 46

59 Table 20 Count and Replacement Cost of Affected Trees Summary of Impact 61. Table 20 below provides a summary of impacts across project area: Table 21 Summary of Impacts ITEM UNIT AREA/COUNT TOTAL A. LAND 1. OCCUPIED ROW a. Existing Road BMC Orchard m Agricultural m , b. Existing Road BTB 47

60 ITEM UNIT AREA/COUNT TOTAL Residential m Orchard m 2 1, , Subtotal Occupied ROW m 2 3,143,32 1. OUTSIDE ROW a. Realignment in BMC Residential m 2 2, Agricultural m 2 2, , b. Bypass in BMC Residential sq m 24, Commercial sq m 15, Orchard sq m 8,700 Agricultural sq m 423, , c. Bypass in BTB Residential sq m 111, Orchard sq m 73, Agricultural sq m 1,108, ,293, Subtotal Outside ROW 11,771, TOTAL LAND 1,774, B. MAIN STRUCTURES B.1 HOUSES 2G-2 sq m 14, G-3 sq m G-4 sq m 4, H-2 sq m N sq m J sq m L sq m M-1 sq m 4, M-2 sq m N sq m 2, O-1 sq m 3, O-2 sq m 2, P sq m 1, Q sq m B sq m C sq m E sq m F sq m G sq m A sq m B sq m TOTAL HOUSES 35, B.2 HOUSE CUM STORE 2G1 sq m G2 sq m 1, H-1 sq m 2, H-2 sq m I sq m K sq m M-2 sq m M-3 sq m 1, N sq m O-2 sq m Q sq m

61 ITEM UNIT AREA/COUNT TOTAL 2R sq m 1, A sq m B sq m A B TOTAL HOUSE CUM STORE 11, B.3 STALLS 1A-1 sq.m A-2 sq.m A-3 sq.m B sq.m C sq.m A sq.m 2, B sq.m C sq.m 2, D sq.m F-1 sq.m F-2 sq.m GS-1 sq.m 1, GS-1 sq.m 5, GS-2 sq.m 1, I sq.m 1, M-2 sq.m 1, O-2 sq.m TOTAL STALLS 19, B.4. OTHER STRUCTURES S-2 sq m S-3 sq m 4, S-4 sq m 10, S-5 sq m S-6 sq m 1, K-1 sq m K-2 sq m 0.00 K-3 sq m K-4 sq m K-5 sq m K-6 sq m K-7 sq m RS-1 sq m RS-2 sq m RS-3 sq m T-1 sq m T-2 sq m T-3 sq m T-4 sq m 2.10 T-5 sq m AS-1 sq m AS-2 sq m AS-3 sq m TOTAL OTHER STRUCTURES 18, C. SECONDARY STRUCTURES Pumped well with concrete pad-good quality pump Unit

62 ITEM UNIT AREA/COUNT TOTAL Dug well (diameter of 800mm and more than 6m deep) Unit 28.0 Wooden post with timber 1 LM Concrete post with wire 1 LM Wooden post with Zn M Brick of 100mm; concrete/brick column M Brick of 200mm; concrete/brick column M Brick of 100mm. Pagoda fence M Brick of 200mm. Pagoda fence M Pagoda gate (three gables) LS 11.0 Brick of 100mm. School fence M Brick of 200mm. School fence M School gate (three gables) LS 3.0 Statue LS 15.0 Concrete post 1 LM Gate LS 61.0 Spirit house with support and concrete ring/brick with plastering 1set Grave (concrete) LS 3.0 Chedey/stupa 1 set 25.0 Cement concrete pavement no reinforcement 1m Concrete block (carrolage) 1m Hydraulic Hoist (Car wash stands) 1m Brick stair rest LS Water storage 1m Labor for pond digging 1m Water Supply Pipe LS Labor for re-building electrical post (pagoda property) 4.0 Reinforced Pipe 0.2m Drain pipe 0.2m pcs m Drain pipe 0.3m pcs m Drain pipe 0.5m pcs m Drain pipe 0.6m pcs 0.8m Concrete culvert dia. 0.8m (L=1m) pcs m Concrete culvert dia. 1m (L=1m) pcs m Concrete culvert dia. 1.2m pcs Wood Step 1m Concrete Step 1m Label/Advertising Board LS 3.4 Main Hole LS 3.0 Underground Tank (Gasoline) 1 set 27.0 Refilling Tanks 1 set 14.0 D. TREES Number Various Species 57, G. RELOCATING HOUSES AND BUSINESS Relocating Houses Number 502 Relocating Houses cum Store Number 311 Relocating Store/Shops Number 1,015 H. VULNERABLE Households Headed by Women AHs 1,157 Elderly Household Head AHs 1,008 Disabled Household Head AHs 27 Landless Household AHs 57 50

63 ITEM UNIT AREA/COUNT TOTAL Poor households (per capita monthly income < $ 33) AHs SOCIO-ECONOMIC PROFILE OF AFFECTED HOUSEHOLDS 62. The Socio-economic Survey (SES) of AHs was conducted from May, 2015 to December 2015 by the IRC working group. All affected villages are covered in the survey. 63. Of the total sample of AHs, is 43.2% (7,302 AHs) are female and 55.27% (9,024) are males. 5.1 Population and Household Composition 64. The total population of the sampled households is persons. Females account to 43.2 (7.302 individuals) of the total population lower than her male counterpart accounting % (9.024 individuals). The average household size across area is 4 members. Table 22 below shows the population and household composition of sample AHs. Table 21 Population and Household Composition of Sample AHs Stratum Population Number Average Male Female of H/H h/h size Both No. % No. % Project Survey ,326 9, , Battambang 2, ,696 5, , Banteay Mean Chey 1, ,630 3, , Age Structure and Dependency 65. Majority, 48.50(1.804 individuals), of the population in the project area are within productive age which is from 19 to 60 years old. Those within the young age group, 0 18 years old, constitute about %, (11,429 individuals) of the sample population and those considered to be aged (60 years old and above) is 12% (1,111 individuals). The average age of the distribution is 32.5 years old. Table 23 below presents the Age and Sex Distribution of sampled population: Table 22. Age and Sex Distribution of Sample AHs District Sex Pop Age(0-5) Age(6-13) Age(14-18) Age(19-60) Age 60+ No. % No. % No. % No. % No. % Male Sangkae Female Total Male Battambang Female Total Thmar Kol Male

64 Battambang province Mongkol Borey Serei Sophorn Banteay Mean Chey province Project Female Total 6, Male Female Total 9, Male Female Total 6, Male Female Total Male Female Total 6, Male 9,696 1, , Female 6, , Total 16,326 3, , , , , Vulnerable 66. Based from the results of the DMS, there are 2,264 AHs belonging to the category of vulnerable. Belonging to the vulnerable group are 1,157 Female household head; 1,008 elderly household head; 57 landless households; 27 disabled household head and 15 poor households. The summary is presented in Table 24 below. Area Number of HHs Table 23 Vulnerable AHs Aged (>=60 Female Disabled yrs) HHs Landless Poor (Earning <USD 33/Monthly/Capita) Whole Project 4, BTB Province 2, BMCH Province 1, Literacy of AH Heads 67. Literacy is traditionally defined as the ability to read, write and perform basic numerical calculations. Based from this definition, the SES results revealed that most of the male household heads, 41.70% and their spouses, 73.02% are literate. On the other hand, only about 90.24% of the female headed households are literate. Table 24 Literacy Rate among Household Heads Stratum Household Household Female Head, male Head, female Spouse % % % Project Survey Battambang Banteay Mean Chey

65 5.5 Educational Attainment of Sample Population 68. Across project area, about 20% (863 individuals) of the population entered primary education but not completed, 26.51% (2570 individuals) completed primary education, % (1647 persons) completed lower education. Those who finished Upper Secondary school accounts to 15.11% (1465 individuals) and those who reached Post Secondary education is 11.56% (1121 individuals). About 10% (964 individuals) have no schooling at all. 69. As can be gleaned from the table, the female population is less educated than her male counterpart. Of the total female population of 4202, 10% (418 females) have no education at all compared to the 10% (546 out of 5494 male population). Those who completed primary education, 26.5% for male as compared to female. Correspondingly, of female (836 out of 420) enrolled in primary education but were not able to complete the course as compared to male at 20% ( 1092 out of the total male population of 5494). Similar trend can be seen throughout the distribution as presented in Table 26 below. Table 25 Educational Attainment of Sample Population Stratum Sex Pop. None Primary not completed Completed Primary School Completed Lower Sec. School Completed Upper Sec. School Post Secondary Education No. No. % No. % No. % No. % No. % No. % Project Survey Male Female Both 9, , Male Battambang Banteay Mean Chey Female Both 6, Male 9, , , , , Female 6, Both 16,326 1, , , , , , Current School Attendance 70. The SES also gathered information on the population within the school age from 6 to 14 years old who are currently attending primary and lower secondary schools. The result shows a low participation rate in primary school. Of the total 4025 children whose age is from 6 to 11 years old only 1341 or 33.32% are in school. This means that 2684 children ages from 6 to 11 years old are out-of-school. 71. The situation is reversed in Lower Secondary education. The survey showed a 50 % participation rate among those ages from 12 to 14 years old. Meaning of the 4079 children 53

66 eligible to enter Lower Secondary education, 2039 are currently attending school. means that 2040 children are out-of-school. This Table 26 Current School Attendance in Primary and Lower Secondary Education Project Survey Battambang Banteay Mean Chey Age: 6-11 Attending % Age: Attending % Male Female Both 4, , Male Female Both Male Female Both AHs Employment 72. Across project area, about 5% (208 HHs) of household heads are into non-farm activities, while ( HHs) of the household heads are engaged in on-farm and related activities. As presented in Table 28 below, it is not surprising to note that AHs engaged in On-Farm activities is high since the proposed Bypass road will traversed rice fields and orchard. Table 27 AHs Engaged in Farm and Non-Farm Activities Project Survey Battambang Banteay Mean Chey Male Female Total Male Female Total Male Female Total Main Source of Income by AHs 73. Household income includes all earnings from productive activities, remittance from other household members and social amelioration benefits. The question on Household s Main source of income yielded 1,686 responses coming from the 709 sampled households. This could mean that either a household has multiple income sources or there are at least two (2) household members earning an income. 54

67 74. On top of the responses are: 1222 AHs (35.05%) are engaged in Business or Trade. Those whose main source of income are derived from salaries account to 15.7% (547 AHs) and about 37.7% (1314 AHs) are deriving income from agricultural production. 75. The average monthly income of the AHs is $ 700 and with a household size of five members per family, the monthly per capita is computed at $ 140. The breakdown is shown in Table 29 below: 5.9 Annual Income of Household Head Table 28 AHs Main Source of Income Project survey Total Annual No. H/H 4170 Income ($) Income Source No. of Responses Wages/Salary 547 2,209,248 Farming hired labor Business/Trade ,347,804 Agricultural production ,499,408 Livestock 20 49,471 Fishing Tools Fabrication ,460 Equipment rental ,455 Transportation ,800 House/Land renting 7 5,974 Remittance ,416 Other ,802 Total 3,486 13,529,838 Average Annual HH Income (4,170 AHs) 3, Annual per Capita* Ave. Monthly HH Income Monthly per Capita *Average Household size is 5 members 76. Within project area, the Household Head has an average annual income of $ 3,287 almost half of the family s annual income. Male household head earns as much as $ 3, annually while female household head earns lesser at $ 3, annually. The breakdown is shown in Table 30 below. Stratum No % % No % No % No % No % No BTB BMCH Total BTB BMCH Total Project Project Male Female Table 29 Annual Income of Household Head ( US$) 55

68 5.10 Household Expenses 77. Across area, the annual household expenditure is estimated at US$ 5, translating into an annual per capita expenditure of $ Food items (e.g., rice, water, snacks, fish, vegetable, etc) constitute the bulk, 56.67%, of household s expenses. Expenses in education accounts to0.60%. Table 31 Household Annual Expenditure Items Annual Expense USD % Rice 1,319, Food (fish,meal,vegetable,and spices). 6,894, Snack 3,162, Wood/charcoal/fuel/gas 546, Cosmetics (perfume,powder,and soap). 708, Health (drug,treatment fee). 427, Water 1,130, Electricity power 1,647, Gasoline 638, Chlthes 2,184, Education(material,tutoring, and meals at schol) 131, Furniture 215, House repairing 459, Ceremonies/marriages 654, Entertainment/travel 734, Other service 1,209, Toal 22,066, Annual expense per HH (4,170 HH) 5, Annual expens per capital* 1, Source of Credit 78. Of the sampled AHs, only about 560 AHs (13.43%) have availed of credit during the past year. The most common source of credit is the bank at 5.37% availment; informal credit institution has an availment rate of 1.56%, 2.06% of AHs sourced credit from an NGO and 2.06% from their relatives. Table 32 Availment of Credit During the Past Year No. Received NGOs/ Landlord Credi Bank Stratum HH a credit Society Traders Provider Relative Others No. % No. % No. % No. % No. % No. % No. % Project 4, BTB 2, BMCH 1, The major reasons for AHs to avail of credit is for starting or infusing more capital to their business with 365 AHs (65.18%); used to augment fund to defray farming expenses, 56

69 0.00% ( 0AHs), used to support a family member, 7.86% ( 44 AHs) and School and health related expenses at 7.68% and 7.86 respectively. Table 33 Reasons for Availing Credit Item Project BTB BMCH No. % No. % No. % Number of HH Food consumption Health care Schooling costs Bulding /Repairing House Ceremony /Wedding Farming Business improving Supporting to family members Other Sanitation Sources of water for Drinking and Cooking 80. Majority of AHs, 8.2% (342 AHs) collect rain water and used for drinking and cooking; 5.59%% (233 AHs) buy water; 32.9% (1370 AHs) has pipe water connected to a local waterworks while 29.1% ( 1213AHs) fetched water from lake/pond, as shown in Table 34below. Table 34 Source of Water for Drinking and Cooking No. Stream/river Lake/pond Protected Well Unprotected Well Rain water Buying Water works Stratum HH No. % No. % No. % No. % No. % No. % No. % Project BTB BMCH To improve potability, majority of AHs, 76.4% ( 3187 AHs) resort to boiling their drinking water, while 114 AHs do not boil their drinking water (2.73%) which could be surmised to have sourced from local waterworks or bottled water. Table 35 Boiling Water for Drinking Boil water for drinking No. Stratum Always Sometimes Never HH No. % No. % No. % Project Survey BTB BMCH

70 Sources of Water for Washing and Bathing 82. The most common source of water used for washing and bathing is from local waterworks, 37.6 (1570 AHs); buying water, 16.5% (689 AHs), from lake/pond is 27.3% (1137 AHs) and from protected wells, 1.25% ( 52 AHs), as shown in Table 36 below. Table 36 Source of Water for Washing and Bathing by AHs Protected Unprotected No. Stream/river Lake/pond Stratum Well Well Rain water Buying Water works HH No. % No. % No. % No. % No. % No. % No. % Project BTB BMCH Toilet 83. Within project area, 92.8% of sample AHs have own latrine and only about 7.2% of the households either share toilet with neighbors or defecate in open fields. This situation can be seen as major improvement in households method of disposing human excreta over the last six (6) years with only 35% of households then having access to improved toilet facility (CSES 2009) Source for Lighting and Cooking 84. Although battery is still the most common source for lighting in rural areas throughout Cambodia, none of the sample AHs use rechargeable batteries instead sourced power for lighting from an Electric Company. 85. The most common fuel used by AHs for cooking is firewood and charcoal at 58.5% and 53.2% respectively while 26.7% (189 AHs) used liquefied petroleum gas (LPG) Transport 86. Throughout Cambodia, bicycles are commonly used in rural areas and motorcycles are conveniently used in urban areas. The situation is similar within the project area with 20% of AHs (834 AHs) using bicycles and 10% of AHs using motorbike. Only about 0.98% of AHs own truck and those AHs owing cars is 1.99%. 87. At an average, each household invest around $ 1,919 for vehicle as shown in Table 37 below. Table 37 AHs Vehicle Used and Value Stratum Total Value Total HH = 4170 (Khmer Riel) No. % Bicycle 250,200, Motorbike 3,836,400,

71 Car/Pickup/Minivan 11,620,000, Truck 2,952,000, Boat without engine 15,120, Grand Total KHM Riel 18,673,720,000 Average/HH KHM Riel 4,478,110 USD 1, Household Appliances 88. Telephone/Cellular phones is the common household gadget used by AHs with about 3265 AHs ( 78.30%) owning one to up to five (5) units and television set with 3207 AHs ( 76.91%) owning a unit. Radio/Cassette Player is owned by by 104 AHs (2.49%) while 195 AHs ( 4.68%) own sewing machine. At an average, each household at least $ 390 for household appliances. The distribution is shown in Table 38 below. Table 38 Household Appliances owned by AHs and Value Total Value Total HH = 4,170 Stratum (Khmer No. % Riel) Radio/Cassette Player 3,328, TV/VCR/VCP 3,207,000, Sewing machine 273,000, Air conditioner 547,600, Washing machine 135,000, Refrigerator 250,000, Telephone 1,959,000, Generator 133,000, Grand Total KHM Riel 6,507,928,000 Average/HH KHM Riel 1,560,654 USD AHs Perception with the Project AHs Satisfaction with the Project 89. In general, AHs expressed approval of the project. About 91.51% (3816 AHs) said the project is good while 8.94% (354AH) said no comment on the project as shown in Table 39 below. 59

72 Table 39 Project Satisfaction by AHs Project BTB BMCH Items No. % No. % No. % Number of HH No answer Bad Good & Bad Good Very good Total Project Benefits 90. In terms of benefits AHs will derive from the project, 74.41% of AHs (3103 AHs) believed that the project will reduce traffic congestion and road side accident; 2816 AHs (67.63%) believed the project will improve transport of cargoes; 63 AHs ( 1.51%) said it will improved their access to other facilities while 469 AHs (11.25%) believed the project will create direct and indirect jobs. The distribution of the responses is shown in Table 40 below: Table 40 Project Benefits Total HH=4,170 Best Important Total First Second Third No. % No. % No. % No. % Improve cargo transportation Increase land price Reduced dially expenditures Decrease congestion/accident Improve access other facilities Flood prevent Improve travel of tourist Improve environment Big push to outstirts area Attract more investment Create more direct/ indirect job Improve local product marketing AHs Perception about Relocation 91. The general sentiment of AHs about relocation is favorable with 92.06% (3839 AHs) willing to relocate provided that assistance from the project will be provided. There are about 77 AHs (1.85%) who are willing to voluntary move out of PRW but there are at least three (3) AHs who do not agree to relocate from the PRW, as shown in Table 41 below: 60

73 Table 41 AHs Perception about Relocation Number of HH 4,170 2,459 1,711 No answer Not agree to move Agree with assistant Voluntary to move Total PUBLIC CONSULTATION AND PARTICIPATION 6.1 Consultation 92. As parallel activities to DMS, public consultations were conducted. Fifteen (15) meetings were held in the provinces of Banteay Mean Chey and Battambang from May to September There were no oppositions against the project. Table 42 Schedules of Public Consultations Conducted Province District/Commune Venue Date Participants Banteay Mean Chey Battambang Mongkol Borei District - Banteay Neang Commune Mongkol Borei District - Phnom Thom Thbong village - Phnom Prasat village - Phnom Thom Thmey village - Rachamka Chek village O Sgnuot village Mongkol Borei District - Ounh village - Phnom Toch Thbong village - Phnom Toch Choeng village -Voat Thmey village - Thnal Bot village Mongkol Borei District - Chum Teav village - Chamka Taduok -Resey Krok Krong Serei Sophon - Prek Chik village - Ruong Masin village - OÁmbel village Prohout village Krong Serei Sophon - Keap village - Tumnop Chrey villge - Banory village O Dambang II Commune Svay Tom village O Dambang village Svay Chrum village O Dambang 1 O Dambang II Banteay Neang Commune Center Phnom Presat Pagoda Phnom Toch Commune Center Mongkol Borei District Center Sopheak Mongkol Pagoda 26 July 2015 Male : 68 Female : 177 Male : 321 Female : 128 July 16, H: 00 PM 29 May 2015 September 21, 2015 May 5, :00 AM Tuok Thla Pagoda May 5, :00 PM Svay Thom Pagoda May 4, :00 AM Roka Pagoda May, 22, :00 Am O Dambang II May 22, 2015 Commune Center 10:00 AM Male: 20 Female : 92 Male: 57 Female: 140 Male: 14 Female: 6 Male: 26 Female: 90 Male: 45 Female: 57 Male: 53 Female: 32 Male: 67 Female: 34 61

74 Province District/Commune Venue Date Participants Anlong Vil Anlong Vil May 22, 2015 Male: 45 Commune Center 2:00 PM Female: 51 Voat Tanim Kampong Ampil May 30, 2015 Male: 17 Pagoda 8:00 AM Female: 11 Voat Kor Kor Pagoda June 6, 2015 Male: 67 8:00 Am Female 43 O Mal June 27, 2015 Male: 35 Female : 45 Chroy Sdao Commune/ Chroy Sdao September 2015 Male: 102 Thmorkol District Pagoda Female: 55 Tapung & Tamoen Chroy Mltes September 15, 2015 Male: 146 Commune/Thmorkuol Dostrict 9:40 AM Female: Topics discussed in all meetings are the following: Overview of Road Improvements in NR5 and Bypass roads Orientation about the Detailed Measurement Survey and beneficiaries a. Introduction of Members of IRC Working Groups b. Schedule of DMS activities and its procedures c. Reiteration of the Cut-off date to be eligible for compensation d. Grievance Redress procedures Discussion on the ROW and the PRW Enjoined the cooperation of AHs and Local Authorities Explained the Replacement Cost Study that will be conducted Dissemination of Project Information Booklet (PIB) Open Forum 94. The following were the issues raised by AHs and corresponding responses from the IRC during public consultations: Table 43 Issues Raised by AHs during Public Consultations Question Answer How much per m 2 will the Project compensate to affected private land? What is the width of the road right of way of National road No.5? Can we use the residual land of the ROW? What happens to affected Public assets? I am landless and only residing within the PRW, what will The compensation rate will be based on a Replacement Cost Survey that will be conducted by an independent agency that will be submitted to MEF and JICA for approval. This will be discussed with affected person during contract agreement stage. ROW is 30m from either side from the road reckoned from the center line. But the Project will require only 20m from each side. It means the ROW still have a remaining 10m for each side. At the moment the Project only require 20m in each side of National road N0.5. So, affected person still can use it for purpose of farming, but not to construct any permanent structure or sell it. All public assets that will be affected by Project such as Fence of schools, Hospital fence, the Gate of Pagoda etc. will be replaced with new or similarly structures. If Affected Households are landless, the Project will provide a relocation site for them and will be issued 62

75 Question happen to us when the project starts? Can people use the remaining land in ROW (10m) for the economic activity? Request the Project to install the drainage system to protect water flood. How long will we need to relocate? Answer with a land ownership certificate after living for five consecutive years. IRC Team: Yes, the Project require for PRW only 20m in each side. So the remaining land of 10m is outside the Project PRW. It depends on the local authority who will manage it. All affected person should consult with the local authorities. During the detailed design or implementation stage of the Project, engineer will conduct a water level investigation along the road Project and will study the drainage to be improved. The Project will give enough time for you to relocate/demolish affected structures. Affected person will be given at least 3-4 weeks (1 month) before contractor will start. 95. Consultations with APs will continue throughout the implementation of the URAP and will cover such matters as compensation/assistance payment; options and re-establishment of stalls and houses; and income restoration. Particular attention will be given to the poor and other vulnerable APs. All consultation and disclosure activities will be properly documented; minutes of meetings, photos, and attendance sheets will be prepared and recorded. 6.2 Disclosure 96. Public consultation meetings conducted in the project areas from May to September 2015 presented information on the project design, expected timing, scope of impacts, eligibility, entitlements and the grievance redress mechanism. Copies of the public information booklet (in Khmer) which sets out salient information of the project, impacts, entitlements as well as the grievance redress mechanism set out in this RP were distributed to affected persons during public consultation meeting. 7.0 INSTITUTIONAL FRAMEWORK 97. The Ministry of Public Works and Transport (MPWT) will be the Executing Agency (EA) of the project and will have an overall responsibility for the successful implementation of the project. MPWT will be assisted by various offices within and outside of the Ministry. The Project Management Unit (PMU) will be in-charge with project implementation. The PMU will be assisted by Environmental and Social Office (ESO) and will work closely with the General Department of Resettlement of the Inter-Ministerial Resettlement Committee (GDR- IRC) related to the preparation, updating and implementation of RAP. Local authorities such as village and communce authorities, district and provincial authorities will also be involved in the implementation of the RAP. Figure 4 below shows the general institutional framework. 63

76 7.1 Environmental and Social Office (ESO) Figure 4. Institutional Framework 98. PMU-ES of MPWT under guidance of IRC will work closely with RD/MEF as the lead arm of the PMU in the preparation and implementation of the RAP. Its tasks include followings: a. Secure the approval of the RAP by the IRC; b. Secure prior approval by IRC and JICA for any variations in the approved RAP; c. Secure the data base of affected persons and assets that will be gathered during the preparation and updating of the RAP; d. Prepare the progress reports on RAP implementation for submission to MPWT and PMU, IRC and JICA 7.2 IRC and the General Department of Resettlement 99. The IRC is a collegial body composed of representatives from concerned line ministries, such as the Council of Ministers (COM); the MPWT, and the Ministry of Agriculture, Forestry and Fisheries (MAFF), representatives from Governor and Deputy Governor of 64

77 Provinces traversed by the project. Created by the Prime Minister through Decision No. 13, dated 18 March 1997, the IRC has since been involved in various foreign assisted government infrastructure projects with involuntary resettlement The IRC will assume the function of a quasi-regulatory body, ensuring that fund for resettlement are spent properly and that RAP is carried out as intended. The secretariat of the IRC is GDR-MEF. The GDR-MEF will assist IRC in the following tasks: a. Reviewing and approving the RAP, ensuring that the RAP is consistent with JICA s on Social and Environmental Consideration the loan agreement and laws and regulations enforced in Cambodia; b. Submitting the approved RAP to JICA; c. Convening the Provincial Resettlement Sub-committee (PRSC) and its working group (PRSC-WG); d. Provide orientation, as needed, to PRSC and PRSC-WG on their tasks relative to RAP updating and implementation; e. Manage and supervise the implementation of RAP such as during conduct of DMS, SES; f. Negotiations and contract making with AHs; g. Securing from National Treasury the budget for carrying out the RAP, ensuring that funds are available in a timely manner and in sufficient amounts; h. Approving all disbursements connected with the implementation of the RAP, such as payment of compensation and other entitlements, acquisition and preparation of replacement plots, operational expenses of personnel, etc.; i. Ensuring that funds for resettlement are spent judiciously; and j. Hire External Monitoring Agency to monitor the implementation of the RAP, ensuring that this is carried out in compliance with the Project resettlement policy and with the loan agreement. 7.3 Provincial Resettlement Sub-committee (PRSC) 101. The PRSC is a collegial body at the provincial level. Headed by the Provincial Deputy Governor, the members of the PRSC are provincial department directors of line ministries represented in the IRC and also the Chiefs of districts and communes traversed by the project road The technical arm of the PRSC is the Working Group (PRSC-WG). The PRSC-WG is headed by the Director (or a representative) of the Provincial Department of Public Works and Transport (PDPWT). The regular members of the PRSC-WG come from the Provincial Government, Provincial Department of Economy and Finance (PDEF), and the Ministry of 65

78 Interior. The PRSC-WG has a counterpart at the district level composed of personnel from various line agencies In an effort to make the whole process of resettlement effective, participatory and transperant and the chief of the affected communes and villages in affected communes will seat in the district RSC-WG in matter concerning their respective ares of jurisdiction The PRSC, through the provincial and district working groups, will have the following functions: a. Facilitate a sustained public information campaign, ensuring that the public, especially the AHs are updated on any developments regarding the project resettlement activities; b. Cooperate with IRC-WG in implementing the RAP and assist in public consultation and information disclosure meetings; c. Manage the delivery of compensation and other entitlements to the AHs; d. Receive and act on the complaints and grievances of AHs in accordance with Project Resettlement Policy; and e. Maintain a record of all public meetings, grievances and actions taken to address complaints and grievances. 7.4 Indicative Implementation of URAP 105. Table 44 below provides a summary of interrelated activities connected with the updating and implementation of the RAP; Table44: Indicative Schedule of RAP Implementation Activities Schedule RAP Preparation March April 2012 RAP Approval by JICA May 2012 Detailed Measurement Survey May December 2015 Socio-economic Survey July August 2015 Replacement Cost Survey October 2015 January 2016 Data Entry by MPWT January Mid-February 2015 RAP Updating by MPWT Mid-February Mid-March st Review and Comments of URAP by IRC Mid-March to Mid-April st Revision of URAP by MPWT Mid-April to End of April nd Review and Comments of URAP by Mid-May 2016 IRC 2 nd Revision of URAP by MPWT Mid-June 2016 Final Review and Endorsement of URAP End of June 2016 by IRC and Submission of URAP to JICA for approval 66

79 Activities Schedule Approval of URAP by JICA Mid-July 2016 Disclosure of approved URAP by JICA July 2016 IRC s request for budget approval by RGC August 2016 Implementation of approved URAP September 2016 September July 2017 Disbursement of Compensation to APs September 2016 September 2017 Relocation of AHs to resettlement sites September December 2016 Internal Monitoring, Submission of May 2016 October 2018 Quarterly Report to IRC and JICA External Monitoring Report (Intermittent) October 2015 May 2017 Commencement of Civil works Novemver GRIEVANCE REDRESS 106. Grievance of AHs in connection with the implementation of the RAP will be handled through negotiation with the aim of achieving consensus. Complaint will through three stages before they may be elevated to acourt law as a last resort. MPWT/IRC will shoulder all administrative and legal fees that will be incurred in the resolution of grievances and complaint. 8.1 First Stage: Commune Level 107. An aggrieved AH may bring his/her complaint to the commune leader. The commune leader will call for a meeting of the group to decide the course of action to resolve the complaint within 15 days, following the lodging of compliant by aggrieved AH. The meeing of the group consists of commune leader, representative/s from PRSC-WG of the district offices, and the aggrieved AH. The commune leader is responsible for documenting and keeping file of all complints that are coursed through him/her. If after 15 days the aggrieved AH does not hear from village or commune, or if the AH is not satisfied with the decision taken by in the first stage, the compliant may be brought to the District Office either in writing or verbally. 8.2 Second Stage: District Level 108. The District Office has 15 days within which to resolve the complaint to the satisfaction of all concerned. If the complaint cannot be solved at this stage, the District Office will bring the case to the Provincial Grievance Redress Committee. 8.3 Third Stage: Provincial Level 109. The Provincial Grievance Redress Committee, which consists of Provincial Governor or Deputy Governor as a committee chairman and Directors of relevant Provincial Departments as memebrs will be established in each province prior to DMS, meets with the aggrieved party and tries to resolve the complants. The Committee may ask to PRSC-WG for a review of the DMS by the external monitor (EMO). Within 30 days of the submission of the grievance, the Committee must make a written decision and submit copy to the MPWT, the EMA IRC and the AH. 67

80 8.4 Final Stage: Court of Law 110. If the aggrieved AH is not satisfied with the solution made by the Provicial Grievance Redress Committee based on the agreed policy in the RAP, the committee shall file administrative procedure against the AHs with participation of provincial prosecutors. The case will be brought to the Provincial Court and the same will be litigated under rules of the court. At the same time, the AH can bring the case to the Provincial Court. During the litigation of the case, RGC will request to court that the project proceed without disruption while the case is being heard. If any party is unsatisified with the ruling of the provincial ourt, that party can the case to a higher court. The RGC shall implement the decision of the court. 9.0 RELOCATION STRATEGY 111. The IRC-WG in collaboration with PRSC will acquire a piece of land and developed as resettlement site in consultation with entitled AHs of their representatives. The location of the land will be as close, where possible, to their original land and will have access to nearby or on-site primary and secondary health facilities and market In case the owner of affected private land opts for land-to-land compensation, replacement lands will be as close as possible to such land that was lost to the AHs and the size is equivalent to the affected land. All replacement lands will be provided for free with secure tenure status. IRC will facilitate in providing secure tenure status from the Ministry of Land Management, Urban Planning and Construction (MLMUPC) Each landless AH will be provided a plot of land with an area of 105 m 2 (7m x 15 m) for free or cash assistance to be determined base on the total cost of resettlement site preparation. The option will be consulted with APs during implementation. After five (5) consecutive years of residing in the land, title to the land plot (secure tenure status) will be provided to AHs. Similarly to private land owners who opt for land replacement, IRC will facilitate in providing secure tenure status from the Ministry of Land Management, Urban Planning and Construction (MLMUPC) Prior to relocation of AHs, site development shall include the following amenities: (i) (ii) (iii) Source of Water Supply; Electricity to site and, where necessary, local distribution system; and Access road to and within site 115. All basic amenities to be constructed at the relocation site should be ready before AHs are requested to relocate. Special attention should be given to lessen the impacts on the livelihood activities of all shop owners. IRC-WG and PRSC-WG will consult with landless AHs about the relocation and civil work schedules including site development of the relocation site during DMS. 9.1 Summary of Resettlement Site Development 116. The location of the proposed resettlement site was identified and surveyed by the consultant team and prices were identified during the conduct of RCS and these were made 68

81 basis in formulating the cost estimate for resettlement site development. However, the final selection of the exact location of land to be developed as resettlement sites for both Thmakol and Monkul Borei Districts will be done during RAP implementation in consultation with entitled AH. The final budget for resettlement site development will be revised based on the selected land and its current prices The results of the DMS indicated a total of 57 landless AHs throughout the project area. In Battambang province, 17 AHs are identified as landless and 40 landless AHs in Banteay Mean Chey. Table 45 below presents an indicative budget for resettlement site development and as mentioned above, the budget can be revised upon final selection of site for development as resettlement site at current prices The land prices used in this estimate were culled from the results of the RCS conducted in January The methodology used in calculating Resettlement Site Development cost in Resettlement Action Plan for the National Road Improvement Project for Middle and End Section, August 2015 was adapted in this Updated RP in calculating items (2) to (14) of the Indicative Budget for Resettlement Site Development. 69

82 Table 45 Indicative Budget for Resettlement Site Development 10.0 INCOME RESTORATION STRATEGY 119. Restoring the incomes of AHs whose means of livelihood has been disrupted or whose livelihood activities had ceased is of utmost priority of RCG and JICA. Particular concern is given to those AHs whose livelihoods and assets are lost, even temporarily, as a result of the road improvement. In view thereof, an Income Restoration Program (IRP) will be developed during implementation stage. The IRC will contract out to an independent IRP service provider, the Terms of Reference for IRP program was already developed in the previous study. 70

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