NORTHWEST IRRIGATION SECTOR PROJECT LINK CANAL SUBPROJECT RESETTLEMENT PLAN. List of Contents

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1 NORTHWEST IRRIGATION SECTOR PROJECT LINK CANAL SUBPROJECT RESETTLEMENT PLAN List of Contents Page 1. The Project 3 2. Impact on Structures and Land Acquisition 4 3. Mitigating Project Impact 5 4. Socio-Economic Situation in the Project Area Project Socioeconomic Surveys Socio-Economic Characteristics Of The Wider Project Area 6 5. Objectives, Policy Framework and Entitlements Mitigating Impact and Ensuring the Restoration of Livelihoods of APs Participation, Information and Consultation and Grievance Redress AP Participation Disclosure of Information to APs The Grievance Process Management and Organisation Resettlement Budget 26 1.Implementation Schedule Monitoring and Evaluation 28 List of Tables: Number Title Page No. 3.1 Development Agents Working in Area Demographics of Subproject Area Village Demographics Age-Sex distribution of APs Size of AP households Incidence of Overall Poverty in Subproject Area APs Deficit in rice production for household APs Duration of Rice Deficit last year (months) Literacy of household head and spouse 1 i

2 4.9 School attendance of children of primary school age Reason for non-attendance school Attendance of school age children: Lower secondary Reason for non-attendance at secondary school Village Land, Farming System, Non-Farming Occupations and Mines or UXO Pesence Bavel District, Kdol Commune, Villages and Population Banan District, Takram Commune, Villages and Population Link Canal and Reservoir Affected Communes: Priority Livelihood Issues Attitudes and Expectations of Villages in the Canal and Reservoir Areas APs Knowledge of the project Affect on property Will improve farm irrigation Attitude to project construction works If good or very good, rank importance Contribution of labour and/ or cash to construction adn maintenance Will pay for the improvement of farm land Administrative Costs for RAP Implementation Estimate of Compensation Costs 28 List of Figures Number Title Follows Page No. 1.1 Location of Link Canal Subproject Project Management Organisation 26 List of Boxes Number Title Page No. 5.1 Entitlement Matrix of Proposed Compensation and Resettlement: NWISP Link Canal Subproject 2 18 ii

3 Executive Summary The Government of Cambodia proposes to construct the Mongkol Borey-Kamping Pouy Link Canal (termed Link Canal), which supplies the Kamping Pouy Irrigation Scheme, using funds from the Asian Development Bank under North West Irrigation Sector Project. A reservoir with a nominal live storage volume of 11 MCM was formed during the Khmer Rouge period. The purpose of this reservoir was to supply water to some 1, ha in the wet season and 5,5 ha in the dry. The Link Canal Subproject involves the construction of Headworks taking water from the Mongkol Borey River, the restoration of 7. km. of the old canal and the creation of 7. km of new canal to the reservoir. Consideration will also be given at the design stage to the creation of a secondary canal system above and in the draw-down area of the reservoir to provide dry season irrigation for villages located in and on the edge of the reservoir losing land due to annual reservoir filling. A Corridor of Impact (COI) of the main canal works, of average width of 4 m., will be cleared of all people and structures and agricultural or other activity for the length of the canal for purposes of the reconstruction of the existing link canal, the construction of the new canal and their embankments and ancillary works. The COI, including areas required outside the main canal works, has been marked out as a basis for conducting a detailed measurement survey of land of people affected by the project (APs) and as a means of identifying and providing information to APs. Four hundred and fifty-one households, approximately 2,3 people, will be affected by the Project. There are one hundred and thirty-five houses in the COI of the canal. One hundred and thirty-five houses in the COI of the headworks and canal and further sixty-two houses in the area of the reservoir, a total of one hundred and ninety-seven houses, are estimated to require relocation. A total of 25.5 ha. Agricultural land will be acquired in the canal COI, requiring replacement or compensation. There will be a loss of wet season land use of about 1,338 ha. In the reservoir area, affecting some 316 APs with houses in Anlong Svay and Tar Ngern villages on areas to the north and south of the reservoir or along the right bank of the Anlong Svay Stream on the present fringes of the reservoir. Some of this farmed land in the reservoir is owned by army units who are renting this land out to farmers. Because topographical data and alignments, and the design and effects of mitigating measures, have not been available during the feasibility resettlement study, it has not been possible to establish precise impact and requirements for compensation, land replacement for the reservoir area. On a provisional basis the Indicative IRP provides for one half of current land use, 669 ha., to be compensated or replaced, but this figure will be amended on the basis of a full DMS cadastral and land use study and decisions on any measures for dry season irrigation in the recession area to be taken during the detailed design study. The aim of the project is for none of this land, now irregularly flood-prone, to be fully lost to APs, and to optimise dry season cropping to provide a reliable farming system. Mitigating measures, which would include a drainage canal to divert water at present flowing from the mountain above Anlong Svay, which contributes to the flooding of the 4 houses also affected by high reservoir levels, and irrigation of dry season cultivation of farms now to be inundated in the wet season in the reservoir area, will be appraised for inclusion in detailed project design 1

4 To mitigate the disruption of houses, both in the COI of the canal and along the edge of the reservoir, along the Prekh Anlong Svay right bank, house sites will be provided and houses replaced with new materials at full replacement costs at locations permitting the restoration of social and economic activity of the concerned households at least their level of livelihood prior to project works. Compensation costs are provisionally calculated on the basis of the expected need to replace a total of 197 houses. Provision is made for the replacement of or compensation for a total of 25.5 ha agricultural land along the canal. For purposes of the IRP and for the estimation of compensation it is assumed that one half of 1,338 ha in the reservoir, 669 ha. will be compensated or replaced. The total cost of IRP implementation is estimated to be US$286,343. This includes $3,4 for the administrative costs of IRP implementation, of which $12, is for an independent External Monitor, who will be contracted for all NWISP sub-project monitoring and evaluation throughout the project duration. The draft Indicative Resettlement Plan (IRP) has been prepared for the project in accordance with ADB Guidelines on Involuntary Resettlement, and provides a framework within which the households negatively affected by land acquisition and the displacement of structures are identified, their location and assets recorded, compensation entitlements defined, and implementation and monitoring mechanisms explained. The draft IRP has been prepared on the basis of consultation between MOWRAM, the Inter- Ministerial Resettlement Committee, the Provincial Resettlement Sub-Committee of the Province of Battambang and APs. It has been based on preliminary identification and registration of APs and a detailed measurement survey of AP livelihoods and property affected by the project in the headworks and link canal, including a socio-economic survey of AP households and a cadastral survey of their houses and land. The purpose of the socio-economic survey was to identiify the social characteristics and livelihood sources of households in the COI, including the identification of vulnerable households, specifically for purpose of calculating entitlements and taking any mitigating measures to maintain and restore livelihoods and assets. These studies have been further assisted by two other surveys conducted as part of the feasibility studies: social and agricultural surveys reported in Annex A of the Final Report, which have provided detailed data on households in the wider project village and commune areas; and a detailed socio-economic survey of 2% of households in the COI to provide a baseline for monitoring and evaluation, the results of which are reported on in Section 3 below and set out in full in an annex to this report. Topographical mapping of the reservoir, done during the feasibility study, has permitted the drawing of contours and the definition of areas, including agricultural and residential areas, which will seasonally be flooded in the reservoir. The topographical survey results did not permit an early enough alignment to be drawn in the reservoir to conduct any DMS for Anlong Svay or Tar Ngern affected households and no figures are available for Army ownership of land rented to villagers in the reservoir area. The detailed inventory of farms and households in the reservoir will be done at the design stage. The aggregate figures for agricultural land which will be affected by seasonal flooding as the reservoir is filled is based on the figures for land between 21.5 m. and 23.8 m. contours and on discussions with farmers and village headmen, and this will also be surveyed more accurately at the design stage. The terms of reference and work programme of the External Monitor provide for this work being carried out by the appointed contractor, which will be an independent non-governmental organisation or research agency appointed for all subprojects under NWISP for the six-year 2

5 period of the Project (Appendix J.2.3). They are based on the assumption that monitoring and evaluation would be done initially for the Link Canal Subproject, using the baseline 2% socioeconomic KARE survey (see Section 11). Specifically for the feasibility. study a baseline KARE survey has been conducted for each of the core four subprojects by an independent local consultant team with experience of external monitoring of resettlement plan implementation with a view both to supplementing socio-economic and land use data on APs and to provide for rapid implementation of external monitoring. This will be further assisted by the provision of a longterm contract to the external monitor for the full Project period. Methodology, planning, conduct and application of the external monitoring and evaluation in the Link Canal Subproject IRP and Appendix J.2.3 are intended to permit it to serve as a model and training ground for all subprojects under the NWISP. It will also for that purpose be conducted as an integral part of Project Benefit Monitoring and Evaluation. 1. The Project The Mongkol Borey-Kamping Pouy Link Canal (termed the Link Canal) is one of the four sample core subprojects selected for feasibility level study as a basis for the preparation of NWISP that is proposed for financing by ADB. The scheme was given the highest priority at the Project Planning and Subproject Selection Workshop held in Battambang on 14 June 22 that was organized by the PDWRAM and attended by a wide range of stakeholders. Its priority ranking was subsequently endorsed by Battambang PRDC and later by MOWRAM at the Review Meeting with ADB on 3 July 22. Under the subproject, works would be constructed to abstract floodwater from the river Mongkol Borey and convey these to the Kamping Pouy reservoir. The reservoir is located about 2 km due west of the provincial capital of Battambang, whilst the off-take point on the river is about 35 km due west of RN 5 and 15 km southwest of the district town of Bovel. Construction of the Kamping Pouy reservoir and main canals commenced in the Khmer Rouge period and was substantially completed with Vietnamese assistance during the 198s. Some additional works were carried out by the Royal Government of Cambodia (RGC) in 1989, especially in Chrey commune. However, it was not until the late 199s through Italian assistance channelled through the NGO Associazione per la Participazione allo Sviluppo (APS) that construction of the irrigation conveyance and distribution systems at secondary, tertiary and farm level commenced. The reservoir is extensive covering some 4,8 ha at the full design capacity of 11 MCM, but is shallow with an average depth of 2.5 metres. The reservoir was conceived to serve a potential area to its north and east of some 12, ha. It has a mainly flat or gently sloping catchment area some 347 square kilometers in extent to the south. As the whole region recovers from the years of instability, this catchment area is being increasingly used for cultivation and hence the amount of runoff has probably decreased and will continue to do so. It was realised by the scheme designers that this catchment area could not be relied upon to fill the reservoir and they evolved the idea of the Link Canal from the Mongkol Borey, but to date no funding has been found. Observations of the water level in and abstraction volumes from the reservoir appear to have only commenced in January 2. Since that time the maximum volume achieved was reported as 18 MCM in mid-october 2 and the maximum abstraction MCM in July 21 (equivalent to a flow of about 1 cumecs throughout the whole month). Inflow from the catchment area was estimated at 38 MCM in 2 and 54 MCM in 21. 3

6 To date, Italian assistance has enabled 1,9 ha of the service area to be provided with full irrigation facilities and a further phase of assistance is due to commence in 23 for three years during which a further 2,2 ha will be developed. Japan is also supporting development in the area and by April 23, some 95 ha will have been equipped with full irrigation facilities. Thus, by 26, a total area of 5,5 ha will be fully developed. As well as hardware, Italian and Japanese assistance is helping to mobilize farmers to improve water delivery, drainage and agricultural practices Apart from the area provided with full irrigation facilities, abstractions from the reservoir together with drainage return flows from the fully developed area serve a much larger area that has a partial irrigation network of Khmer Rouge and RGC channels. This may be considered as an area of 'flood spreading'. The extent of this area is approximately 9,5 ha at present, that is the original 12, ha less the fully developed 2,45 ha. The subproject will comprise only the works to convey floodwater from the Mongkol Borey to the Kamping Pouy reservoir. All works within the service area are being arranged through future assistance from Italy and Japan under the existing funding arrangements. However, in the Report Sections of the feasibility study, the service area is considered in detail together with the benefits of the subproject that arise in the service area. 2. Impact on Structures and Land Acquisition The DMS in the Corridor of Impact (COI) of the canal and rapid appraisal in the reservoir showed that 451 households (approximately 2,3 people) would be directly affected, having their houses or other assets disrupted or displaced or having land lost through canal works or through the enlargement of the reservoir water capacity and surface area. These figures are provisionally used in estimated compensation and management cost calculations for the Draft RP, Table. As stated above, the DMS could not be undertaken for all households because of absentees in the canal COI, and because topographical survey in the reservoir was not finished until late in the feasibility study so that farming and APs could only provisionally be identified there. A total of 1,338 ha. is estimated to be affected by filling of the reservoir during the rainy season. The main factor in the further adjustment which will be made to these figures is that of a DMS of Army land holdings and household land use in the southern side of the reservoir recession area between contours 21.5 and 23.8, the planned post-project high level. Losses of land use in the reservoir area and the degree of impact of the increased surface area on cultivation and land rights will be subject to detailed survey, including satellite imagery and truthing/ground survey and the completion of the DMS for these households and consultation with APs, early in the detailed design. Formal identification and registration of all APs will also be done by the Provincial Resettlement Sub-Committee at the design stage. 135 households are directly affected by the project along the canal, that is, their house or land lies within the COI. 55 households will lose or suffer severe damage to their houses, house plots and related structures. 2 out of 65 farming households in the COI of the link canal will lose more that 1% of their agricultural land. 18 households in the canal COI along the line of the old canal and road are landless, that is have no agricultural land other than having possession of land plots and small home gardens, and will lose these under project land acquisition.! out of the 18 are being evacuated from their present locations by CEMAC under the mine clearance programme, and will be the subject of further study to review any provision of replacement plots and houses or other entitlements. 4

7 142 households in Anlong Svay and Tar Ngern villages in and on the edge of the reservoir, will have their house plots inundated to at least floor level for 6-8 months of every year, and are assumed to be relocated. PDWRAM express the view that half the 8 houses at Anlong Svay village expected to be flooded as a result of the increased depth of the reservoir, those along the road running through the village, could be protected from flooding by the creation of a drainage channel to take away water draining from the mountain above the village. There will be a loss of land use in the reservoir area, at least for part of wet season production period to some 316 APs in Anlong Svay and Tar Ngern villages on areas to the north and south of the reservoir or along the right bank of the Anlong Svay Stream on the present fringes of the reservoir. Some of this farmed land in the reservoir is owned by army units who are renting the land out to farmers. Loss of land use will be caused by the seasonal increased surface area of the reservoir between contours 21. m. and 23.8 m., inundating approximately 1,338 ha. land comprising all the farmland of the concerned APs and used for recession and rain-fed production. For purpose of provisional estimate of the costs of compensation it is assumed that 5% of land in the reservoir will need to be replaced or compensated for, the balance being still available for recession and irrigated dry season cropping. This provisional figure will be amended by detailed survey and the determination of cropping systems under the changed water regime in the reservoir and any measures taken to alleviate this impact, including measures for dry season irrigation in and above the reservoir area proposed but not yet designed. Compensation costs are provisionally calculated on the basis of the expected need to replace 55 houses on the Link Canal, a further 4 houses at Anlong Svay village,4 houses on the Anlong Svay Stream right bank, and 62 houses on Tar Ngern, a total of 197 houses. Provision is made for the replacement of or compensation for a total of 25.5 ha of agricultural land along the canal. For purposes of the IRP and for the estimation of compensation it is assumed that one half of 1,338 ha in the reservoir, 669 ha. will be compensated or replaced. About 4 local timber and thatch stilted houses on the right bank of the Anlong Svay Stream on the fringes of the reservoir, 4 houses in Anlong Svay village and and sixty-two houses at Tar Ngern village in the south of the south of the reservoir will be flooded up to close to floor level, and for purpose of the IRP are assumed to have to be relocated. Mitigating measures, which would include a drainage canal to divert water at present flowing from the mountain above Anlong Svay, which contributes to the flooding of the 4 houses also affected by high reservoir levels, will be reviewed for inclusion in detailed project design, and may lead to a reduction in the number of houses needing to be relocated. 3. Mitigating Project Impact To mitigate the disruption of houses, both in the COI of the canal and along the edge of the reservoir, along the Prekh Anlong Svay right bank, house sites will be provided and houses replaced with new materials at full replacement costs at locations permitting the restoration of social and economic activity of the concerned households to at least their level of livelihood prior to project works. The development of a secondary canal and dry season irrigation system in and above the drawdown area of the reservoir will also be reviewed at the design stage with a view to providing compensatory measures for any loss of wet season agriculture to farmers using the reservoir for rice and other cultivation. There is also a potential benefit from improvement of access to Ou Slapang and Anlong Svay villages by the creation of a flood-free road along the new canal. 5

8 A further major benefit will be the use of pumped irrigation from the canal along its length under farmers own operations, which may substantially mitigate losses of land use of APs in the COI. The potential for mobilising the cooperation and resources of other agencies and for linking the project to other development action in the project area is heightened by the number of NGOs and international agencies working in communes in the project area. (Table 3.1) Table 3.1: Development Agents Working In Area Commune Agency/Organization Activities Kdol CARE, LWF, ANS, WFP, ADESS Road, safe water, school, health, agronomy, agriculture extn, food for work. Snoeng DoWRAM, WVI, CRS, CMAC, Help Age, SEILA, ACLEDA, ANS Irrigation, seed, input and cash credit, health and sanitation, mine clearance, support aged, road and pond construction. Chrey APS, LWS School construction, rehabilitation of Takream APS, CWS, CARERE, CRS, WVI, Buddhists for Development, Chivit Thmey, SEILA, MAG P. Sampoav VDC,, ACLEDA, CRS, SEILA, UREPRDA, TPO, WVA health center. Canal construction, user education, veterinarian, road construction, health education, credit and mine clearance. Input, seed and cash credit, health education, community infrastructure, AIDS awareness, sociology, literacy, birth spacing. 4. Socio-Economic Situation in the Project Area. 4.1 Project Socioeconomic Surveys Three socio-economic surveys were conducted of villages in the project area, one under the Project Sociology component of households in all villages through which the canal passes in Bavel District and Banan District; a second as part of the DMS of all households whose house or land is in the COI of the canal alignment; and a third of 2% of the latter, done in greater detail as a baseline survey for resettlement M&E. As discussed earlier, AP households and land in the reservoir area, which will be affected by inundation, remain to be surveyed because the timing of topographical surveys has not yet permitted their identification (the survey will be completed for these and absent land owning households in the canal COI at the design stage), but the extent of the agricultural land affected and their numbers have been established in a preliminary appraisal. 4.2 Socio-Economic Characteristics Of The Wider Project Area The demographic data from the socio-economic survey of five communes in the wider project area, that is of all populations in the areas in which the headworks and canal will be constructed and all populations in the command irrigation area, are set out in Tables 4.1 and 4.2 below. A finding from these surveys, pang has 6% and Anlong Svay has 5% poorest households at least double that for these Districts as a whole. 41.6% of households at Ou Don Pouv,in the canal COI, and 62.2% of households at Anlong Svay, dependent on farming in the reservoir and 22.4% of households at Ou Slapang, farming 6

9 rainfed rice and tree and root crops in the area of the new canal out flow, have a food deficit for longer than 6 months of the year. 7

10 Table 4.1: Demographics Of Subproject Area. Province Commune No. Villages Total HHs Total Pop Male Female Single Headed HHs Irrigable Area (Ha) N o.. Landless HH Battambang Snoeng (11%) (9%) Sampaov (18%) (32%) Takream (9%) (28%) Chrey (16%) (37%) Kdol (13%) (11%) Table 4.2: Village Demographics Commune Village Snoeng Samroang Kor Snoeng Lech Peak Sbaek P. Sampaov Krapeu Cheung Krapeu Tboung Krapeu Kaeut Takream Anlong Svay Andong Neang Ou Slapang Chrey Prey Totoeng Hai San Anlong Run Popeal Khae Kdol Suon Sla Bour Ou Daun Paov Boeung Sangke Total HH % HH Well Off % HH Average % HH Poor % HH Poorest % Single & Disabled HHs % Literacy N/A % HH with Food Deficit Over 6 Months

11 Table 4.3: Age-sex distribution of APs: Code: -5 = Age group from to 5 years old... etc. Male Female Total = 219 6% 11% 14.5 % 4% 14.5% 3% 7% 1% 8% 5.5% 15% 1.5% Table 4.4: Size of AP households No. Of members Total Average 219 people / 37 h-h 5.9 Table 4.5: Incidence of Overall Poverty in Sub Project Areas District Commune Village Poverty Index 99 % of Poor HH in 2 Banan Ta Kream Agnkot Thnong 45 Andong Neang Ou Slapang Snoeng Samroang Kor 1411 Snoeng Lech Peak Sbaek P. Sampov Krapeu Cheung 116 Krapeu Tboung Krapeu Kaeut Bavel Kdol Suon Sla Bour 519 Ou Daun Paov Boeung Sangke Khmor Kol Chrey Prey Totoeng Hai San Anlong Run Popeal Khae 118 Source: 21 WFP PTD (1=poorest 161=richest commune on national ranking) Table 4.6: APs Deficit in rice production for household Deficit H/H % Table 4.7: APs Duration of Rice Deficit last year (months): Number

12 % 11% 8% 3% 8% 43% A further indicator of poverty, possibly related to relatively recent settlement in poorly located rain-fed or recession crop agricultural areas, is that of literacy. Takream, the commune located around the upland area to the north of the reservoir has half or less of the incidence of literacy of household heads of the rest of the project area communes (Table 4.2) 3% of household heads at Ou Slapanh and 47% of household heads at Anlong Svay are literate - ie, can read and write a simple Khmer sentence by comparison with levels of 6 to 8% literacy in communes closer to Battambang. Attendance at school of school age children of AP households is low by comparison with the region as a whole, 64% of primary school and 13% of secondary age children being enrolled in school. Table 4.8: Literacy of household head and spouse: N o leterate H/H % Male household head Female household head 37 Spouse 9 Table 4.9: School attendance of children of primary school age: Children of primary school age (A) Attending in primary school (B) (B/A) 1% Table 4.1: Reason for non-attendance school: 1= Cannot afford school costs; 2= Have to help in business; 3= Take too long to get to school; 4= Have to help on the farm; 5= Looking after house/ younger sibling; H/H= 37 11% 8% 11% 5.5% 5.5% 24 Table 4.11: Attendance of school age children: Lower Secondary Children of secondary school Attending in lower secondary (B/A) 1% age (A) school (B)

13 Table 4.12: Reason for non-attendance at secondary school: 1= Cannot afford school costs; 2= Have to help in business; 3= Take too long to get to school; 4= Have to help on the farm; 5= Looking after house/ younger sibling; H/H= 37 11% 22% 16% 19% 3% The incidence of landlessness, farming systems and access to irrigated and rainfed land, offfarm occupations and of the presence of mines and other UXO in the project affected areas is shown in Table Table 4.14 gives the figures of farming systems by village and also provides data on landlessness, showing the contrasts between the project area and population as a whole and project affected communities: Ou Doun Pao in the canal COI, Andong Neang and Ou Slapang in the area of the canal outflow with some farms in the high point of reservoir, and Anlong Svay and Tar Ngern in the reservoir impact area. At Anlong Svay, where households have access only to the reservoir land area and where there are a high proportion of relatively recently migrated landless households, the project surveys indicate 25 households out of 42 as being landless and 15 as farming in the reservoir. The project social survey, reported in greater detail Annex A to the Final Report, included focal group discussions aimed at eliciting the situation of project affected communities and their attitude to the project and to potential resolution of difficulties arising for them or their neighbours as a result of proposed works, especially in the canal COI. The results are set out below in Tables 4.16 and The results of the discussions on attitudes and expectations of villages in the canal and reservoir areas are particularly valuable in respect of the reliance which focal groups placed on commune and village leaders and local authorities to resolve difficulties, including access to water, for domestic and farm consumption, and house and land losses, including replacement land. (Table 4.18). These findings were further confirmed by the Baseline Survey among APs, 97% saying that the project would be good or very good, and over 9% offering labour for construction and maintenance. Table 4.18: APs Knowledge of the project Know H/H %

14 Table 4.19: Affect on property 1= House; 2= Agriculture land; 3= Pond/Well; 4= Trading stall; 5= Grave; 6= cemetery; 7= Fence. Properties Will affect H/H % Table 4.2: Will improve farm irrigation Improve H/H % % 12

15 Table 4.13: Village Land, Farming System, Non-Farming Occupations And Mines Or UXO Presence. Commune Village Snoeng Samroang Kor Snoeng Lech Peak Sbaek P. Sampaov Krapeu Cheung Krapeu Tboung Krapeu Kaeut Takream Anlong Svay Andong Neang Ou Slapang Chrey Prey Totoeng Hai San Anlong Run Popeal Khae Kdol Suon Sla Bour Ou Daun Paov Boeung Sangke Total HH # Landless HH # HH DS Irrigation # HH WS Irrigation Only # HH WS Irri + Rainfed # HH Rainfed Only # HH with Non Agric Occupation UXO Problem No Yes No Yes No No No Yes No No No No No No No No Yes Yes Table 4.14: Bavel District, Kdol Commune, Villages And Population No. Village Name Total HH Total Popn Male Female Single Head HHs Irrigable Area (ha) Land Less HH With Irrigation No irrigation Land Allocation (Y/N) 1 Ou Daun Paov 192 (Affected N/A) Temporary 2 Boeung 113 Sangke (Affected N/A) Temporary Total 2 villages 35 1,

16 Table 4.15: Banan District, Takream Commune, Villages And Population No. Village Name Total HH Total Popn Male Female Single Head HHs Irrigable Area (ha) No. Landless HH HH with Irrigation HH with No irrigation Land Allocation (Y/N) 1 Ou Slapang 13 (Affected 45HHs) Temporary 2 Ou Anlong Svay 42 (Affected 75HHs) Temporary Total 2 villages 55 3,283 1,364 1, Problem Table 4.16: Link Canal And Reservoir Affected Communes: Priority Livelihood Issues Takream commune Kdol commune Lack of rice fields Lack of water distribution canals Lack of agricul ture technique Lack of clean water for domestic use Lack of irrigation system Lack safe drinking water UXO Flooding Cause Opportunity Constraint No NGOs or development assistance in those issues Drought Rehabilitation of irrigation system Community have to contribute land for canal contraction Negative impact heavier on those with small land Water sharing difficult Some houses will be in path of main canal Lack of irrigation system Not enough well water Cannot clear the land Rehabilitation of irrigation system Provide more well Ask for mine clearance Poor management Maintenance and equal sharing of water 14

17 Table 4.17: Attitudes And Expectations Of Villages In The Canal And Reservoir Areas Question Takream commune Kdol commune Will you expect to be given access to water from the Link Canal for domestic or productive use? Using in production better than use in family, because canal water is not good for drinking. Can increase production as the canal near by. Can irrigate and for domestic use,save time for collecting water. The new work will follow the old alignment as much as possible, but some fields may be disturbed will the community agree to allow the construction? If you have to move your house to allow construction to go ahead, would you agree? Who should make decision over what land must be given over for construction? How should disputes about land that may be lost during construction be resolved? If people lose some land for the construction, how should they be compensated or otherwise assisted to ensure that they are not disadvantaged or suffer a reduction in their quality of life? Allow construction of canal because at present does not have canal system. Can provide land for canal construction. Village and commune leader solve problem once commune council has determined construction location. Community members and local authorities Request new areas for living, depend on Government policy, resources. Irrigation scheme is very important because usual situation is people lack of food, sometime drought. No problem in providing land to the project for constructing the canal. Secondary or new canal People are prepared to give land for making canal. If only few affected can change. If all HHs affected, Govt. must find exchange land where possible. People don t object if reasonable solution. Decided by and coordinated by landowner and authorities together. Local authorities coordinate this process and find ways to support those who lost land. Payment of money instead of land preferred. Construction of canal system is importance because people can grow more crops. It is an important issue. Who should decide what compensation or assistance is provided to affected HHs? Local authorities, should find some new land for those losing land. Is there any additional land that can be allocated to those Community can allocate land to those HHs but people HHs who lose any land through construction? might not want to live on that land. Land type Village land Total Area Available (ha) 4 ha Location from village Russei Ro Similar accessibility to water as old location (Y/N) No water Who Should be Responsible for Organizing Compensation / Reallocation Village and commune chief, but some land people might not want to live on. All involved, the landowners and local authorities No land to allocate. Commune leader can ask people to cooperate with implementation. 15

18 Table 4.21: Attitude to project construction works = No answer; 1= Bad; 2= Good; 3= Very good H/H=37 3% 43% 54% Table 4.22: If good or very good, rank importance 1= It will improve household income; 2= Improve travel; 3= Stop flooding; 4= To increase rice product; 5= It will provide employment; 6= Permit or increase other crops; 7= To increase rice farm more than one time; 8= Have enough water to use; 9= Improve the road; 1= Improve recession cropping; 11= Diversification crops; 12= Early or late production; 13= Other (specify)... Importance st % nd % rd % Table 4.23: Contribution of labour and/ or cash to construction and maintenance Construction Labour Maintenance Labor Cash for operating and maintenance H/H= % 97% 24% Table 4.24: Will pay for the improvement of farm Land: Yes H/H % Objectives, Policy Framework and Entitlements The RGC has, in its loan agreements with the ADB, adhered to the ADB s Policy on Involuntary Resettlement, and is currently in process of formulating, with ADB assistance under RETA 5935 a National Policy on Involuntary Resettlement. This affirms that APs will be fully compensated for all assets lost as a result of water resource and other infrastructure projects, regardless of whether APs have formal title to the land, which they occupy and use. In accordance with ADB S requirements, people eligible for compensation are those who will experience negative impacts on their assets and livelihoods as a result of the Project. (see Box 5.1) 16

19 In general, people eligible for compensation would include those affected in the following categories: Land to be permanently acquired for the project: - Owners with formal legal title - Owners/occupiers eligible for formal legal title under Cambodian law - Owners/occupiers not eligible for formal legal title under Cambodian law but who can provide evidence of occupation of such land prior to August Leaseholders and tenants of land Permanent removal of houses, other structures and improvements and land based assets, such as trees and crops: - Owners of houses and other structures (whether with land title or not) and whether the house or structure was built with permit or not - Tenants of houses and other structures Temporary effects, such as disturbance to land, crops, business operations during construction, of farmers, land users and businesses The following principles have been adopted in the formulation of the IRP: Land acquisition, involuntary resettlement and other negative impacts are to be minimized as much as possible by exploring alternative project designs; Community participation in project benefits is assured; The economic and social future of people shall not be unfavorably affected, and they will not face a material reduction in income, living standards or unnecessary social and cultural dislocation as a result of the project; Resettlement measures will wherever possible contribute to the social and economic development of the affected population and area; The compensation to be provided is: - Compensation at replacement cost for houses and other affected structures without deduction for depreciation or salvageable materials - For agriculture land, at the choice of APs, compensation in terms of land for land of equal productive capacity or compensation in cash permitting land purchase by APs of equal quality and productivity to that lost*; - Replacement of premise/residential land of equal size acceptable to the affected person - Replacement of commercial land of equal size and commercial potential - acceptable to the affected person - Disruption allowances and transfer and subsistence allowance when appropriate. Resettlement will be monitored by the Government and the ADB and by an independent external monitor 17

20 People affected shall not be required to have formal legal title to the land used by them to be eligible for compensation; Positive steps will be taken to ensure that poor and vulnerable groups receive adequate compensation and additional assistance when needed to restore their social and economic well being to at least its level prior to the project. *ADB Guidelines and the draft national policy express a preference for compensation for land losses by means of land replacement rather than in cash. An external agency appointed as an independent monitor will follow up and evaluate the effectiveness of this procedure and of any choice by APs of receiving cash compensation for land as well as for houses and other fixed assets. The Entitlements Matrix set out in Box 5.1 includes all entitlements, which may be applicable in this and other subprojects under NWISP. Following discussion with the IRC,it intentionally includes entitlements which may not be directly applicable in the Link Canal subproject or any specific subproject, since it will be a matter of policy to provide and make known all potential entitlements uniformly in IRPs, and secondly to facilitate the preparation and replication of IRPs without repeated research, except to amend and strengthen the Entitlements Matrix in the light of experience and monitoring. 6. Mitigating Impact and Ensuring the Restoration of Livelihoods of APs Mitigation and minimizing of impact will be achieved at the design stage of the subproject first by keeping the width of the canal at the minimum required for the provision of the increased volume of water fully utilize the maximum full capacity of the reservoir and by further adjusting it to avoid impact on AP land and structures. This policy is reinforced by the need to restrict water taken from the Mongkol Borey in the interests of downstream water use in neighbouring provinces. Where houses are affected, they will be relocated at the cost of new build and without deduction for salvaged materials, close to existing sites, to avoid any loss of livelihoods based on the house location. No transfer fees or taxes will be chargeable to resettled households. Acquisition of land along the canal is mainly of rain-fed rice land or of house and garden plots. Some mitigating assistance to households losing agricultural land will be achieved by providing for pumped irrigation to plots along the length of the canal. House and garden plots will be replaced close to their exiting location. Land in the draw-down area of the reservoir which will be flooded during the rainy season, will be the subject of measures to improve dry season and recession cropping wherever this is possible, including the provision of a canal within the reservoir area to provide dry season irrigation in and above the draw-down area. The preferred mechanism for farm income restoration is that of land for land, but APs will be consulted through commune and village resettlement sub-committees on other measures to replace any loss of land use and livelihoods, including the option of cash compensation for purposes of replacement of land by purchase by themselves or with the assistance of Commune or Village Resettlement Sub-Committees. The effectiveness of both forms of land compensation will be monitored by the External Monitor (Section 11 and Appendix J.2.3). 18

21 Box 5.1 Entitlement Matrix of Proposed Compensation and Resettlement: NWISP Link Canal Subproject 1 Type of Loss Application Entitled Person Compensation 1 Arable land Loss of arable land. Eligible landholder with formal legal title, possessory land holder eligible for formal title, and possessory landholder not eligible for formal legal title under Cambodian law and can provide evidence of occupation of such land before August 3 th, 21 In irrigation areas this entitlement includes land lost to the construction of secondary canals and will also include any severe loss to individual APs in tertiary systems Land for land as a priority, or cash compensation for lost land at replacement cost; or Land for land will be provided in terms of a new parcel of land of equivalent productivity and with long-term security of tenure at the wish of APs. No distinction between titled and not-titled landholders. Replacement land to be free from taxes, registration and transfer costs. Severely affected farmers eligible for economic rehabilitation assistance and other allowances (disruption allowance; assistance to obtain training and employment. Temporary acquisition or easement Agricultural laborer Lease holder or tenant, including non-paying tenants with permissory rights of land use Eligible landholder Cash compensation equivalent to three months salary and assistance in obtaining alternative employment. Cash compensation equivalent to replacement cost of gross harvest for one year. Disruption allowance and other allowances as applicable. Cash compensation based on opportunity lost during the period. Land returned to the landholder after use, fully restored or improved. 2 Residential land Loss of residential land Eligible landholder with formal legal title, possessory land holder eligible for formal title, and possessory landholder not eligible for fomal legal title under Cambodian law and can provide evidence of occupation of such land before August 3 th, 21 Temporary acquisition Lessee, tenants or non-paying tenants with permissory land use rights. Landholder with formal legal title, possessory land holder eligible for formal title and possessory landholder not eligible for formal legal title under Cambodian law and can provide evidence of occupation of such land before August 3 th, 21 Lessee, tenant or non-paying tenant with permissory land use rights Compensation in cash at replacement cost or, at AP s choice, replacement land of minimum plot of acceptable size or a plot of equivalent size, whichever is larger, either on fully serviced resettlement sites if provided or on other sites acceptable to APs. Replacement land to be free from taxes, registration and transfer costs. Eligible for relocation assistance and other allowances as applicable. Assistance to APs to permit on their own remaining land adjoining channel or reservoir embankment house/shop sites, or if no remaining land, for provision of a house/shop site along the embankment or in another suitable location. Eligible for relocation assistance and other allowances, as applicable. Cash compensation for the net loss of income and damaged assets. Land returned to original owner after temporary use, restored to previous condition or improved. Cash compensation and other allowances, as applicable. 3 Commercial land Plots used for business affected Landholder with formal legal title, possessory land holder eligible for formal title and possessory landholder not eligible for formal legal title under Cambodian law and can provide evidence of occupation of such land before August 3 th, 21 Lessee, tenant or non-paying tenant with permissory land use rights At AP s option, provision of alternative business site of equal size and accessibility to customers, satisfactory to the AP OR compensation in cash at replacement cost for the affected land. When the affected premises are larger than the relocation plot, cash compensation at replacement cost to cover the difference in area. No distinction between titled and non-titled landholders. Replacement land to be free from taxes, registration and transfer costs. Cash compensation for lost income during the transition period. Eligible for relocation assistance and other allowances and rehabilitation assistance, as applicable. Assistance for finding new commercial site. Eligible for relocation assistance and other allowances and relocation assistance, as applicable. Type of Loss Application Entitled Person Compensation 1 (Certain of these entitlements are residual in the sense that they are not necessarily applicable to any AP under the sub-project) 19

22 4 Loss of structure Loss of house, well, pond, fence, latrine, kiosk or shop, etc. 5 Loss of business / incomes or employment 6 Standing crops, trees 7 Common resources or infrastructure Loss of business / incomes / employment Crops or trees affected by land acquisition or temporary acquisition/easement Loss of access to community water supply, sanitation and drainage or other utility, market facilities, community grazing land or forest 8 Public Utilities Loss of, or damage to, affected assets, partially or entirely (not applicable in this project). 9 Public facilities Loss of, or damage to, public infrastructure 1 Special assistance / allowance for vulnerable groups Disruption allowance Special assistance to vulnerable groups All severely affected households APs who are the recognised owner Tenants renting structures Affected APs Owner of crops or trees Affected communities AP Communities and public agencies. Concerned agencies APs belonging to vulnerable groups including households who are very poor (earning less than $1 per month), headed by the aged, women, disabled, or otherwise vulnerable such as ethnic minorities Relocating households and households that lose more than 1% of their total productive landholding Compensation in cash or materials at full replacement cost at current market value, with no deduction in compensation for depreciation or salvageable materials. Compensation will be based on a competent technical survey Three months rent and other assistance with relocation (transport allowance, disturbance allowance) Cash compensation for the loss of business, incomes and wages. Assistance during the transition period. Eligible for rehabilitation assistance and other allowances, as applicable. Compensation in cash calculated on the basis of type, age and productive value of affected crops or trees or replacement by tree planting at cost. Other allowances as applicable. Replacement or compensation at the full cost of replacement at current market value with no deduction for age or depreciation or salvaged materials, or improved resource to increase benefits from the project. Replacement or improvement to the facilities. Replacement or improvement to increase the benefits from the project, and compensation in cash at replacement cost to respective agencies. A $2 allowance plus additional cash and other assistance based on identified needs and priorities, households with more than one factor of vulnerability being entitled to a $2 allowance for each factor. For example, households that are very poor and headed by a woman would be entitled to $4. Either a disruption allowance of $4 or of the price of 6 months rice consumption for all members of the household, whichever is the greater, payable to all severely affected APs (i.e. who lose more than 1% of their total landholding) Advice and assistance for training and employment Transport allowance All severely affected farming households All relocating households and businesses who must move their personal possessions and old and new building materials Households that lose more than 1% of their total productive landholding Relocating households and businesses Advice and support of the Provincial and local authorities in obtaining training and employment for the household head and members of the household Either provision of transportation by local authorities or cash sufficient to be able to transport possessions. 2