Cambodia: Tonle Sap Lowlands Rural Development Project (Loan 2376/Grant 0092-CAM)

Transcription

1 Resettlement Planning Document Short Resettlement Plan Document Stage: Final Project Number: October 2011 Cambodia: Tonle Sap Lowlands Rural Development Project (Loan 2376/Grant 0092-CAM) Prepared by Ministry of Water Resources and Meteorology for the Asian Development Bank. The Short Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

2 KINGDOM OF CAMBODIA NATION RELIGION KING RksYgesd æk ic nig hirbaøvtßú * * Inter-ministerial Resettlement Committee Ministry of Water Resources and Meteorology Tonle Sap Lowlands Rural Development Project - ABD Loan CAM (SF): - ADB Grant No CAM (SF): Short Resettlement Plan (SRP) for Pursat Province Batch I and Batch II August 2011

3 Table of Contents ACRONYMS AND ABBREVIATIONS 1. INTRODUCTION SCOPE OF LAND ACQUISITION AND RESETTLEMENT SOCIO-ECONOMIC PROFILE Methodology General Characteristics and Income Sources Employment and Income Sources Access to Utilities and Services Vulnerable Households Income Restoration among Vulnerable and severely affected Households COMPENSATION AND ENTITLEMENT POLICY INSTITUTIONAL ARRANGEMENT PUBLIC DISCLOSURE AND CONSULTATION Public Information Booklet Consultation Grievance Redress LAND ACQUISITION AND RESETTLEMENT COSTS MONITORING AND EVALUATION Internal Monitoring External Monitoring RESETTLEMENT IMPLEMENTATION SCHEDULE Annex 1: Cover letter of the Approved TSLSP Resettlement Framework Annex 2: Agricultural Product Prices Annex 3: Replacement Cost Study Annex 4: Public Information Booklet Annex 5: Minutes of 2 Public Consultations with AHs Annex 6: No Objection from CARM Annex 7: Terms of Reference (TOR) for External Monitoring... 40

4 ACRONYMS AND ABBREVIATIONS ADB AHs APs DMS FGDs HA IRC IRC-WG MOW RAM NWISP PDAFF PIU RCS RP RU SRP TOR TSLSP TSLRDP Asian Development Bank Affected Household(s) Affected Person(s) Detailed Measurement Survey Focus Group Discussions Hectare Inter-ministerial Resettlement Committee Inter-ministerial Resettlement Committee Working Group Ministry of Water Resources and Meteorology North-West Irrigation Sector Project Provincial Department of Agriculture Forestry and Fisheries Project Implementation Unit Replacement Cost Study Resettlement Plan Resettlement Unit Short Resettlement Plan Terms of Reference Tonle Sap Lowlands Stabilization Project Tonle Sap Lowlands Rural Development Project

5 1. INTRODUCTION 1. This Short Resettlement Plan (SRP) provides the analysis of impact and planned resettlement in Pursat Province related to land loss in Batch I and Batch II subprojects, being carried out under ADB Loan CAM (SF): Tonle Sap Lowlands Rural Development Project (TSLRDP). Batch I consists of the Natural Pond Subproject at Kaunthnauth Village, Bakan District, Pursat Province. Batch II includes a total of thirteen subprojects in the Otatong Secondary Canal irrigation system also in Rumlech Commune, Bakan District, Pursat Province. Six of which are for the rehabilitation and widening of the secondary canal and seven for rehabilitation of tertiary feeder canals. 2. The TSLRDP, supported by Asian Development Bank (ADB) is part of the Tonle Sap Initiative of the Royal Government of Cambodia and the ADB, and is aimed specifically at providing livelihoods development support to the mainly rice growing populations of the Tonle Sap Lowlands, of a kind which will relieve pressure on the natural resources of the Tonle Sap biosphere. 3. The project is aimed at combining the development of rural infrastructure, agricultural productivity and irrigation systems in sustainable livelihood development under the guidance and management of Commune Councils. For this purpose the project combines the resources of the Ministry of Rural Development (MRD) with those of the Ministry of Agriculture Forestry and Fisheries (MAFF), and the Ministry of Water Resources and Meteorology (MOWRAM). The MOWRAM is the lead agency and EA. Of the subprojects being undertaken by the three Ministries, only irrigation sub-projects undertaken with the support of the MOWRAM have minor impact on land or structures and are the subject of preparing a Short Resettlement Plan (SRP). 4. All are of limited impact, affecting less that 200 persons or 40 households, and are thus Category B, requiring resettlement in the form of only limited compensation and related support and managed by the Provincial and line agencies with the guidance of the Inter-Ministerial Resettlement Committee (IRC). These will be set out in SRP on Compensation and Resettlement to be included, in accordance with the Resettlement Framework of the Tonle Sap Lowland Stabilization Project (TSLSP) prepared by ADB project consultant and approved by IRC on 07 September 2007 (See Annex 1: cover letter). 5. The objective of the SRP is (i) to provide the details of impact of Batch I and Batch II irrigation subprojects being implemented in Pursat Province under the project and the measures being taken to mitigate these impacts, and (ii) to provide compensation and assistances to restore the livelihoods and wellbeing of Affected Households (AHs). 2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 6. The Batch I involves in the Natural Pond and Batch II subproject involves the expansion of a natural pond which will provide irrigation to 3,122.81m 2 agricultural land in the surrounding irrigation command area. Civil work under the subprojects and related civil works will expand the capacity of the pond and create a water gate. Only three households will suffer land loss of agricultural land by the Natural Pond expansion. 7. Batch II of the Pursat irrigation programme is for increased capacity in the Otatong irrigation system, involving 6 Secondary Canal subprojects and seven tertiary canal subprojects. The impact is primarily on rice land, ha., and residential land 0.25 ha. No structures are affected. A total of 86 trees and fruit trees are lost. 1

6 Table 2.1: Summary data of impact for Batch I and II in Pursat 2

7 3. SOCIO-ECONOMIC PROFILE 3.1. Methodology 8. Study of the socio-economic profile of the Pursat Batch 1 and Batch 2 project areas was conducted: by means of secondary data, drawn from other studies and from the 2009 NSI Socio- Economic Survey and from Commune statistics; from informal focus group discussions and consultation with village headmen; and from the DMS, which provided database information on vulnerable households, on water lighting and fuel supply, and on educational enrolment and occupations General Characteristics and Income Sources 9. The eastern part of Pursat Province, and the project area, are lowland areas with mainly paddy rice production, flood-fed and single cropped. All villages have a proportion of households with migrant labour workers, most often agricultural laborers, construction and garment workers, sending remittances to the home households on a regular basis Employment and Income Sources 10. Affected household heads are over 90% farmers, with some 30% households having members with off-farm and migrant occupations and income sources 3.4. Access to Utilities and Services 11. About 95% of affected households depend on pond or rivers for water supply. Only one household among affected households has a flush toilet, and the majority use adjoining bush or rice fields to defecate. Over 94% depend on fuel wood for cooking, and about 70% use kerosene lamps for lighting, with some 30% having batteries or generators. 12. Primary school attendance is approximately 85% in grades 1 to 2, with severe drop out occurring in later primary school classes. Secondary school attendance in rural areas is about 40% in the project areas, with similar enrolment for girls and boys. 3.5 Vulnerable Households 13. The DMS has demonstrated that there are between 15 and 18% of households which are vulnerable, primarily because of age or widowhood, in both cases leading to inadequate labour and accessible income sources from agriculture and off-farm livelihoods. About 40 60% of households in the provinces adjoining the lake are below the official poverty line, with a peak of 80% in some areas (ADB TA, Project No , Preparing the Tonle Sap Lowland Stabilization Project, December 2005). 14. Traditional reliance of annual recourse to fishing and Prahoc making and to the collection of fuel wood from the flooded forest of the Tonle Sap Biosphere has become uneconomic, and many families now depend on waged agricultural labour for their livelihoods. Migrant labour to Phnom Penh or to Thailand has been increasingly important for up 30% of households in the project area. 15. Women headed households are about 25% of the rural areas of Pursat as a whole, so 3

8 that, with the incidence of aged or chronically ill or very poor households, there is a high level of vulnerable households, for whom additional assistance from the TSLRDP will be necessary. Table 3.1 Pursat Batch I Natural Pond: Vulnerable Households eqμahpumi cmnynrkysar RKYsarBikar RsþIemm:ay cas;cra Village Name Aps Hh Disable H/h Widow Aged H/h ŪÐФ⅜ũ Kaunthnauth Table 3.2. Vulnerable Households Batch II Village Name Canal No. Aps Hh Total of Aps Disable H/h Widow Aged H/h Poor AHs Sdokla 1 SC Kvav 2 SC Kvav 3 SC Kvav 4 SC Kvav 5 SC Damnak 6 SC Trach 79 Sdokla 7 TC Sdokla 8 TC Sdokla 9 TC Sdokla 10 TC Sdokla 11 TC Kvav 12 TC Kvav 13 TC Total Income Restoration among Vulnerable and severely affected Households 16. There are, based on the DMS, 45AHs are vulnerable households with 48 vulnerable factors and 2AHs have lost their productive land of more than 10% of the total productive land. These 47AHs (45 vulnerable AHs and 2 severely affected AHs) are entitled to (1) living allowance of six months based on rice consumption and (2) livelihood restoration as part of the community development. To restore their livelihood, there are two factors offsetting low incomes: the improvement in productivity which will be provided by improved irrigation, and the support which will be provided to all households in need, through agricultural 4

9 extension and small project support by PDAFF. 17. Those vulnerable and severely affected households in need will be assisted under these integrated support operations of the project, aimed at livelihoods and community development for Tonle Sap Lowlands communities in the project villages. IRC will send the name list of the 47AHs to MOWRAM for including in the livelihood and community development program. 18. The support provided for vulnerable households and severely affected is, therefore, provided a transition allowance of six months equals to USD240 1 /household. The measures for livelihood and community development for which resources are included in the project technical assistance budget for all project communities and aim at more specifically at livelihoods diversification and generation among low income households. 19. The latter will be addressed specifically to the needs of aged and women household heads, notably for improved rice production, for vegetable production, livestock husbandry, post-harvest and small enterprise development. These are set out in TSLRDP Provincial and Commune plans, and will be primarily carried out by the Provincial Department of Agriculture, TSLRDP focus point staff and community assistants in cooperation with Commune Councils and Village Development Committees, and with consultant staff. 4. COMPENSATION AND ENTITLEMENT POLICY 20. Objective: The overall objective of the compensation and entitlement policy for the Subprojects, in package of the TSLRDP, is to ensure that all people affected by the Project are able to maintain and, preferably, improve their pre-project living standards and incomeearning capacity through compensation for the loss of physical and non-physical assets and, as required, other assistance and rehabilitation measures. The entitlement matrix may not cover all types of impacts but can be set up in Table 4.1 below of this SRP based on the findings of the social assessment and subproject specific impacts. 21. Principles: The following principles have been adopted for the TSLRDP to guide the compensation and entitlement policy: (i) Acquisition of land and other assets, and resettlement of people will be avoided or minimized as much as possible by identifying possible alternative project designs. (ii) Lack of legal rights to the assets lost or adversely affected tenure status or citizenship, social or economic status will not bar the AH from entitlements to such compensation and rehabilitation measures or resettlement objectives 2. (iii) Compensation at replacement cost will be applied to all losses except illegally occupied land; and all AHs, regardless of whether or not they have recognizable rights or claims to land, will be entitled to compensation at full replacement cost 1 Based on the Agricultural Marketing Bulletin issued in June 2011 (Annex 2), the price of mixed rice in Pursat is 1754Riels/Kg or USD0.40/Kg. With an average 5 members in an AH, the transition allowance is calculated by 5 x 20 x 0.4 = USD40/month. 2 People without legal rights are referred to as non-titled in the ADB Operations Manual, and include those who have no recognizable rights or claims to the land that they are occupying and/or using. The policy also states that restoration measures must be determined in consultation with affected communities, including those people who might not be formally recognized in national legislation. Those without legal title to land and/or structures occupied or used by them (e.g., squatters) are entitled to various options of resettlement assistance, provided they cultivated/occupied the land before the eligibility cut-off date. 5

10 based on prevailing market prices for the following affected assets and losses: structures, crops, tree and other physical assets; and businesses, business income and other sources of income. There will be no deductions in compensation payments for land, structures or other affected assets for materials savage value, depreciation, taxes, stamp duties, fees or other payments. AHs without recognizable rights or claims to land will be assisted to find alternative sites or income sources, depending on their losses. (iv) AHs that lose only part of their physical assets will not be left with a portion that will be inadequate to sustain their current standard of living. The minimum size of a remaining residential plot of land will not be less than 30 m 2. (v) Due attention will be given that all the vulnerable and severely AHs will become beneficiaries of subprojects or TSLRDP project interventions. (vi) Temporarily affected land and communal infrastructure will be restored to pre-project conditions. (vii) Vulnerable Group Strategies will be implemented in order to protect socially and economically vulnerable groups at high risk of impoverishment, such as poor households, ethnic minority groups, female-headed households, disabled-headed households, landless households, and elderly people who are 60 or over without support structures. Special measures are included in the Entitlement Matrix. 22. Entitlement Matrix: The Entitlement Matrix (Table 4.1) summarizes different types of impacts, which AHs are eligible for their entitlements and compensation; and provides guidance on implementation issues. Table 4.1: Entitlement Matrix Type of Impact Level of Impact Entitled Persons 1. Agricultural land (including fishponds) Temporarily affected agricultural land Loss of use of the land for a period less then 1 year User with legal or legalizable / recognized right User with lease or permissory right Non-legal user Compensation Policy No compensation for land (if returned to original user). Assets affected temporality will be restored to preproject or better condition. Cash compensation for loss of standing crops and trees at replacement cost ; AND Compensation for loss of net income from subsequent crops that cannot be planted. No compensation for land (if returned to original user). Assets affected temporality will be restored to preproject or better condition. Cash compensation for loss of standing crops and trees at replacement cost; AND Compensation for loss of net income from subsequent crops that cannot be planted within the remaining lease/assigned period. No compensation for land (if returned to original user). Assets affected temporality will be restored to preproject or better condition. 6

11 Permanently affected agricultural land Loss is less than 10% of total productive assets (e.g., 10% of total landholdings) Loss is equal to 10% or more of total productive assets (e.g., 10% of total landholding) User with legal or legalizable / recognized right User with lease or permissory right Non-legal user User with legal or legalizable / recognized right User with lease or permissory right Non-legal user 2. Residential and/or commercial land Temporarily affected Permanently affected Cash compensation for loss of standing crops and trees at replacement cost. Cash compensation at full replacement cost for affected land. Cash compensation for loss of standing crops and trees at replacement cost. Cash compensation for loss of net income for the remaining leased/assigned period. Cash compensation for loss of standing crops and trees at replacement cost. Cash compensation for loss of standing crops and trees at replacement cost. Replacement land of equal area and productivity at a location acceptable to AHs in the same commune, OR Cash compensation for acquired land at full replacement cost; AND Cash compensation for loss of standing crops and trees at replacement cost. Replacement land of equal area and productivity at a location acceptable to AHs in the same commune; OR Cash compensation for lost income from the affected land for the remaining lease/assigned period; AND Cash compensation for loss of standing crops and trees at replacement cost. Cash compensation for loss of standing crops and trees at replacement cost. If AH has no other productive land, replacement land will be allocated in lieu of compensation for loss of land use, with equal area and productivity at a location acceptable to AHs in the same commune. Any type All users Land restored to the same, if not the same or better condition as before. With no structures With structures built AND remaining land sufficient to reorganize User with legal or legalizable / recognized right Non-legal user User with legal or legalizable / recognized right Cash compensation for the affected land at full replacement cost; OR Replacement land of similar size at a location of not further than 5km from the existing site acceptable to the AH. Cash compensation for any investment made on the land. Cash compensation for loss of land use. Cash compensation for any investment made on the land. Cash compensation for land lost at full replacement cost; AND Cash or assistance for repair to rebuild the structure in case of partial impact. Compensation for any investment made on the land. 7

12 With structures built AND remaining land NOT sufficient to reorganize 3. Other private property Non-legal user User with permanent right (legal and legalizable Non-legal user Owner regardless of land tenure 4. Trees/ standing crops/ fish crops Owner regardless of land tenure Village or Commune Cash compensation for loss of land use. Compensation for any investment made on the land. Replacement land of equal size at a location of not further than 5km from the existing site acceptable to AHs in the same commune; OR Cash compensation for the lost land at full replacement cost and assistance from Commune Land Acquisition Committee to locate possible plots for relocation. Cash compensation for loss of land use. If AH has no other land to rebuild structure, replacement land of 105m 2 (7m x 15m) will be allocated in lieu of compensation for loss of land use, at a location of not further than 5km from the existing site acceptable to the AH in the same commune. Compensation for any investment made on the land. Cash compensation for affected property at replacement cost with no deduction for depreciation or salvageable materials, OR Compensation to relocate the property, OR Repair of property by contractor to original or better condition. Cash compensation for loss of trees and standing crops at replacement cost; Compensation at replacement cost for trees, calculated on the basis of type, age, and productive value of affected trees. Restoration of affected community buildings and structures at least to their previous conditions; OR Replacement of affected community buildings and structures, as identified in consultation with communities and relevant authorities. 5. Business and income sources (non-land based assets) AHs losing 10% or more of productive land, Transition allowance: the allowance is provided for losing other income generating assets; and six months in cash equal to 20kg of rice per household vulnerable AHs (poor households, ethnic member per month, or USD240 3 ; AND minority groups, female-headed households, Activities under Component 2, which will be disabled-headed households, landless determined by affected Communes through households, and elderly people without participatory decision making. support structures). (i) Livelihood Improvement Groups; or (ii) Agricultural Improvement Groups; or (iii) Improvement to Agricultural Support Systems; or (iv) Support for Irrigated Agriculture; (v) Improving Off-farm Income Generation Options. 23. A Replacement Cost Study (RCS) was conducted in the Natural Pond and Otatong Canal subproject command areas in Rumlech Commune during the Detailed Measurement 3 Detailed calculation is in footnote 1. 8

13 Survey (DMS) from April to May The study was led by an International Resettlement consultant and Cambodian counterparts with participation from 40 AHs and non AHs, through Focus Group Discussions (FGD) of 3-5 different AHs in 5 affected villages. 24. As stated in the 2007 TSLSP resettlement framework, the RCS is conducted to establish reasonable compensation rate reflecting the current market price of the affected land and other properties for calculating the compensation cost to each AH. The summary compensation rates are shown in Table 4.2 and detailed replacement cost study is Annex 3. Table 4.2: Summary compensation rates No Discription Unit Rate US$ Land Prices Batch I 1 Agricultural land m Batch II 2 Agricultural land m Residential land m Tree Prices 4 Mango tree 28 5 Coconut tree 31 6 Palm tree 25 7 Cashew tree 15 8 Bamboo tree 10 9 Krasang tree Jackfruit tree Tamarind tree Guava tree Others (Non fruit tree) tree The Project is designed so that the resources of the three concerned line ministries, assisted by the consultant in each Province, will provide ongoing support for project affected households, especially the severely affected and vulnerable households. In consequence, the developmental aspect of resettlement are included in specific planned responsibilities of these Provincial Departments and Commune Councils and are embraced in an integrated and planned basis of income restoration measures for severely affected and vulnerable households. Commune and Provincial sub-project planning will link irrigation projects with community infrastructural and agricultural development in each of the subprojects and affected village communities, with particular attention to income restoration and longer-term development support for those households. 26. The SRP also draws attention to the potential strategic value of this approach to project design and resettlement, which provides a basis particularly of accelerated and integrated planning and implementation of small scale and rehabilitatory water resource development, of importance in the Government s irrigation sector strategy. 27. Cut-Off Date: The cut-off date is May 2011 which was the completion date of the DMS of AHs within the subproject area boundaries. Incoming person or household or business persons not covered in the DMS, because they were not residing, having assets, or deriving an income from the subproject area, are not eligible for compensation and other entitlements. 9

14 5. INSTITUTIONAL ARRANGEMENT 28. Inter-Ministerial Resettlement Committee: The Inter-Ministerial Resettlement Committee (IRC 4 ) was established in 1999 by the Government. The IRC will be convened for every project with membership from MEF, the Council of Ministers, the Ministry of Public Works and Transport, the Ministry of Agricultural, Forestry and Fisheries and Governors and Deputy Governors of Project provinces to deal with all resettlement issues arising from all projects requiring land acquisition and resettlement. Members may also include representatives of other relevant ministries and/or provincial departments (e.g., Water Resources and Meteorology, Rural Development, Environment and Land Management). 29. Provincial Resettlement Subcommittee (PRS): A Provincial Resettlement Subcommittee (PRS) chaired by the Governor (or his representative) was established in each of the 6 provinces. Membership was include Directors of provincial departments involved in the TSLRDP (Provincial Department of Economy and Finance (PDEF), Water Resources and Meteorology, Rural Development, Environment, Land Management, Women s Affairs, etc.); and, a permanent deputy from target districts (District Governors or Deputy District Governors). 30. The IRC in close coordination with PRS has been responsible for the TSLRDP in each of the project provinces: (i) (ii) (iii) (iv) (v) (vi) (vii) Conducted a provincial replacement cost survey (RCS) in the context of the preparation of LARPs for subprojects involving involuntary land acquisition by recruiting a professional appraiser. Prepare a proposal for compensation rates at replacement cost for each Province, update every year, based on current market prices. Approve compensation rates for subprojects involving involuntary land acquisition. Reviewed and approved Land Acquisition and Resettlement Plans (LARPs) for subproject involving involuntary land acquisition, and in concert with MOWRAM submit to ADB for approval. Disbursing funds to Department of Economy and Finance (PDEF) to pay for land acquisition, compensation and deliver all other entitlements to AHs, in accordance with the approved LARPs. Disbursing funds directly to the line agencies and guidance for conducting the DMS, other surveys and fields and all other resettlement activities required to prepare and implement the LARP. Reviewing and endorse quarterly provincial monitoring reports, and oversee remedial actions as required; and, review and endorse all external monitoring reports prepared by the independent monitoring organization (IMO). Managing and disbursing funds to PDWRAM and PDRD for conducting the other surveys and fields and all other resettlement activities required to implement the approved LARP. Submitting IMO reports to MOWRAM, and the ADB. 4 The Ministry of Economy and Finance (MEF) is the permanent Chair of the IRC; the secretariat for the IRC is the Resettlement Unit (RU) at MEF. 10

15 31. Ministry of Water Resources and Meteorology: The Executing Agency (EA) has been assuring overall coordination, planning, implementation and reporting for the TSLRDP. The EA has guided, supported, endorsed and monitored the work of the Provincial Agencies and Provincial Executive Committee (ExCom) in each TSLSP province for all activities related to planning, implementation and monitoring of land acquisition and resettlement where required, including: (i) (ii) (iii) Prepared a Guideline on Resettlement and Land Acquisition, in consultation with PRS, which includes training program for provincial resettlement officers, based on this Framework and submit it for approval of ADB. Provided initial training 5 to provincial implementing agencies resettlement focal points and Commune Land Acquisition Committees (CLACs) related to planning, implementation and monitoring of plans and activities for voluntary and involuntary land acquisition. Reviewed and approve Commune Land Acquisition and Resettlement Plans (LARPs) that includes all the subprojects involving involuntary resettlement and submit to IRC and ADB for approval. (iv) Developed internal monitoring indicators, procedures and reporting requirements for all subprojects that are require involuntary land acquisition. Review and endorse quarterly provincial monitoring reports, particularly it concerns management of budget, other resources and schedules; and, oversee remedial actions as required. Review and endorse all external monitoring reports prepared by the IMO. (v) Coordinated with the PRS and oversee the payment of compensation and allowances to AHs. The funds for payment of compensation and allowances to AHs will be disbursed by IRC directly to provincial Department of Economy and Finance (PDEF). 32. Provincial Line Agencies (PLA): In each Province, each IA, PDWRAM and PDRD, appointed a resettlement focal point with responsibility to coordinate, carry out and monitor land acquisition and resettlement activities as a part of subproject planning (e.g. feasibility study and detailed design). The PRDC and the resettlement focal point will coordinate with the EA, IAs, PRS, and Communes in carrying out the following roles and responsibilities: (i) Conducted field assessments for initial screening of subprojects to determine land acquisition requirements, and collaborate with provincial resettlement focal point on finalization of subproject proposals. 5 At the inception of the TSLRDP, a capacity building training program focused on how to implement this LARF will be designed by the resettlement specialist (consultant) and implemented for provincial, district, commune and village leaders in the TSLRDP target communes prior to commune subproject planning. The training program will ensure the participation of female leaders and leaders from the Cham and other ethnic minority communities, as well other leaders and representatives of the community organizations. The scope of the training will encompass the policies and procedures set out in the LARF for land acquisition, compensation and resettlement particularly as it relates to the roles and responsibilities of local officials. In addition, the training will be designed to build awareness and leadership skills to address the issues and needs of vulnerable APs. The TSLRDP will also undertake awareness raising and sensitization training regarding vulnerable groups for relevant staff from the EA, the Inter-Ministerial Resettlement Committee (IRC), line agencies at province level, the Commune Land Acquisition Committees (CLACs) and the independent monitoring organization (IMO). 11

16 (ii) (iii) (iv) (v) (vi) (vii) Conducted DMS (if necessary, the IRC will lead this survey). For subprojects that involve involuntary resettlement, prepare a Commune Land Acquisition and Resettlement Plan (LARP) that includes all subprojects with minor land acquisition and resettlement impacts. Each resettlement focal point coordinated closely with CLACs in the preparation. The Commune LARPs will be consolidated into one Provincial LARP if necessary, and submitted to the EA, IRC to be submitted to ADB for review and approval. Guided, supported and oversaw all activities related to public disclosure of information, consultations with AHs and other stakeholders and grievance redress for all subprojects with voluntary land contribution or involuntary land acquisition. As necessary, coordinated, guided and supported district and commune authorities, NGOs, community organizations and other stakeholders to address requirements for relocation of AHs and/or income restoration strategies. Guided, supported and oversaw that appropriate measures are included as required for subprojects that involve voluntary and involuntary land acquisition, to address the needs and preferences of women and female-headed households, poor households and other vulnerable AHs. Conducting quarterly monitoring and submit it to PRS. 33. Commune: In each of the 30 target communes included in the TSLRDP, an ad-hoc Commune Land Acquisition Committee was established, chaired by the Commune Chief (or designated representative). The membership of the CLAC wincluded district, commune and village representatives; representatives of AHs for subprojects; and, a resettlement focal point from each IA. In order to address issues of vulnerable AHs adequately, the membership of the CLAC included female and, as relevant, ethnic minority representatives The roles and responsibilities of the CLAC, under guidance of the IRC, include: (i) (ii) (iii) (iv) For Commune Livelihoods Funds (CLF), conducted field assessments for initial screening of subprojects to confirm that there would not be any involuntary resettlement, and collaborate with provincial resettlement focal point on finalization of CLF subproject proposals. Organized all activities for public disclosure of information and consultations with AHs associated with the initial subproject screening, voluntary land acquisition and preparation of LARPs for involuntary land acquisition. Received, heard and resolved the complaints and grievances of AHs, preferably through a process of conciliation. Coordinated with and assist resettlement focal point of each IA to prepare LARPs for subprojects involving involuntary resettlement and Voluntary contribution report. 6 For example: (i) female and/or Cham Commune Councilors; (ii) designated Gender Focal Points (GFP) at the commune and district levels; (iii) female and Cham members of Village Development Committees (VDC); and, (iv) AH representatives that are members of poor households, women, including heads and/or members of AH households and, as relevant, representatives from Cham households or other ethnic minority households. 12

17 (v) (vi) Coordinated with and assist PRDC to implement LARPs including, among other activities, payment of compensation and other entitlements to AHs; as required, identification of replacement land and implementation of income restoration measures; and, clearance of acquired land in coordination with schedules for civil works. Cooperated when provincial resettlement focal points and IMO to conduct monitoring and evaluation. Figure 5: Institutional Arrangement for Commune LARP (Improvement of agricultural water management infrastructure) Line Agencies (PDRAM/PDRD) at provincial level will determine subproject categorization using checklist. No Commune Land Acquisition and Resettlement Plan not required No resettlement plan will be prepared. However, subprojects information including land donation will be included in the Commune LARP Commune Land Acquisition and Resettlement Plan Required Resettlement focal point at PDRAM/PDRD contract out preparation of draft Commune LARP including: (i) detailed measurement survey; and (ii) socioeconomic survey. Consultants organizes public consultation to present the draft and incorporate concerns Line agency submits final draft Commune LARP to Provincial Resettlement Subcommittee (PRS). Line agency can consolidate a number of Commune LARPs into a Provincial LARP PRS reviews and approves Commune/Provincial LARP and forward to MOWRAM MOWRAM reviews and submit Commune/Provincial LARP to IRC and ADB for approval Provincial Resettlement Subcommittee (PRS) recruit professional appraiser for conduct replacement cost survey IRC recruits an independent monitoring organization (IMO) Line agency supervises consultants Community involvement processes provide inputs to draft C ommune LARP Communes receive, hear and resolve the complaints and grievances of AHs Commune/Provincial LARP be disclosed in the Commune office. ADB uploads Commune/Provincial LARP on the website. PRS (Department of Economy and Finance) provide payment for land acquisition, compensation and allowances Line agencies implement rehabilitation/ business packages Line agency/ IMO oversee the payment of compensation Line agencies prepare monitoring report and submit to PRS and MOWRAM for inclusion in the quarterly progress report IMO carry out monitoring with AHs and reports semi-annually to PRS, MOWRAM, IRC and ADB Community involvement processes provide inputs during the proc ess of monitoring and evaluation MOWRAM carry out evaluation and submit the report to IRC and AD B. IMO carry out evaluation in consultation with AHs and report to MOWRAM, IRC and ADB 13

18 6. PUBLIC DISCLOSURE AND CONSULTATION 6.1 Public Information Booklet 35. To disseminate information, IRC and the PDWRAM, PDRD in collaboration will prepare and distribute a public information brochure (PIB) to all APs. The PIB was summarize the following information contained in the LARP: (i) subproject description, (ii) subproject impacts including land acquisition requirements, (iii) rights and entitlements of APs, (iv) compensation rates and allowances for different types of losses, (v) grievance redress procedures, (vi) organization roles and responsibilities (vii) implementation schedules and (viii) conditions for voluntary land donation. In the case of a Commune LARP where involuntary land acquisition involves significant resettlement impacts, the PIB was also describe the types of relocation and rehabilitation strategies and allowances. The PIB was also clearly indicate where and how AHs can obtain additional information. The PIB is indicated in Annex Consultation 36. Throughout the process of preparation and implementation of TSLRDP subprojects that require voluntary or involuntary land acquisition, IRC-WG, the PDWRAM, and PDRD in collaboration with district, commune and village officials conducted two public consultations on the 11 th of April 2011 at 9:00am at Damnaktrach Village, and on 13 th of June 2011 at Damnaktrach Pagoda, Damnaktrach Village, Rumleh Commune, Bakan District, Pursat Province and distributed the PIB before the DMS of the affected properties to ensure full disclosure of information to AHs, and establish procedures for grievance redress as stated in the TSLRDP resettlement framework. The minutes of the consultation are in Annex Grievance Redress 37. AHs are entitled to lodge complaints regarding any aspect of the LARF or procedures for voluntary and involuntary land acquisition, for example: the procedures and results of the DMS; compensation entitlements, rates and payment modalities; or, strategies and procedures for resettlement and rehabilitation assistance programs. A well-defined grievance redress and resolution mechanism will be established to address AH grievances and complaints in a timely and satisfactory manner. The objective is to resolve complaints as quickly as possible and at the local level through a process of conciliation; and, if that is not possible, to provide clear and transparent procedures for appeal. All AHs will be made fully aware of their rights, and the detailed grievance redress procedures will be publicized through an effective public information campaign. 38. The grievance redress process includes four stages. There are three stages before complaints may be elevated to a court of law as a last resort. (i) (ii) First stage: AHs will present their complaints and grievances verbally or in writing to the CLAC. The CLAC will be obliged to provide immediate written confirmation of receiving the complaint. If after 15 days the aggrieved AH does not hear from the CLAC, or if the AH is not satisfied with the decision taken in the first stage, the complaint may be brought to the District Office. Second stage: 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. 14

19 (iii) (iv) Third stage: The Provincial Grievance Redress Committee meets with the aggrieved party and tries to resolve the situation. The Committee may ask for a review of the DMS by the external monitor (IMO). Within 30 days of the submission of the grievance, the Committee must make a written decision and submit copies to the MOWRAM, PDWRAM, PDRD, IMO, PRS/IRC and the AH. Final stage: If the aggrieved AH does not hear from the Provincial Grievance Redress Committee or is not satisfied, he/she will bring the case to Provincial Court. This is the final stage for adjudicating complaints. Within 30 days of the submission of the grievance, the Court must make a written decision and submit copies to the MOWRAM, PDWRAM, PDRD, IMO, PRS/IRC and the AH. If any party is still unsatisfied with the Provincial Court judgment, he/she can bring the case to a higher-level court. 39. The Implementing Agency, MOWRAM, will shoulder all administrative and legal fees that will be incurred in the resolution of grievances and complaints if AHs win their case. Other costs incurred by legitimate complaints will also be refunded by the Project if AHs win their case. 40. It is recognized that, in many cases, AHs do not have the writing skills or being able to express their grievances verbally, however, AHs are encouraged to seek assistance from the IMO, the nominated local NGOs or other family members, village heads or community chiefs to have their grievances recorded in writing and to have access to the DMS or other documentation, and to any survey or valuation of assets, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly. 41. In the case of involuntary land acquisition, if efforts to resolve disputes at the village and Project level remain unresolved or unsatisfactory, AHs have the right to directly discuss their concerns or problems with the ADB Operations Department, i.e., Infrastructure Division, Southeast Asia Department or SEID, through the ADB Cambodia Resident Mission in Phnom Penh. If AHs are still not satisfied with the responses of SEID, they can directly contact the ADB Office of the Special Project Facilitator (OSPF) as outlined in the attached Information Guide to the Consultation Phase of the ADB Accountability Mechanism. 7. LAND ACQUISITION AND RESETTLEMENT COSTS 42. The total estimated cost of involuntary land acquisition and resettlement for TSLRDP subprojects in Pursat Batch I and II is US$67, This cost is estimated based on (i) the losses inventoried during the detailed measurement survey (DMS); (ii) the entitlements set out in the entitlement matrix of the LARF in 2007; and, (iii) the compensation rates from the replacement cost survey during the DMS. A contingency factor of 16.5% will be included in these cost estimates. The total land acquisition and resettlement costs are provided in Table All costs for subproject resettlement programs under TSLRDP including compensation and allowances, operation and administration costs, surveys will be financed by the Government counterpart fund, with exception of monitoring and reporting that is financed from grant funds from ADB. The Ministry of Economy and Finance (MEF) will provide the above budget directly to the IRC and the IRC will disburse the fund to PDEF for payments of land acquisition, compensation and allowances to AHs. 15

20 Table 6.1: Total land acquisition and resettlement costs No Compensation Items Unit Rate US$ Quantity Cost US$ A Compensation for Land 43, Batch 1 1 Agricultural land m , Batch 2 2 Agricultural land , , Residential Land , , B Fruit Trees 1, Mango Tree Coconut Tree Palm Tree Bamboo Tree Quava Tree Cashew Tree Krasaing Tree Jackfruit Tree Tamarind Tree Others Tree D Allowance for Vulnerable Groups AH , E Total Compensation Cost 56, H Contingencies (16.5%) 11, I Grand Total 67, Monitoring and Evaluation 8.1 Internal Monitoring 44. The purposes of internal monitoring are to assess (i) compliance with the LARF and agreed policies and procedures for the TSLRDP; (ii) the availability of resources and efficient, effective use of these resources to implement land acquisition and resettlement activities; and, (iii) identification of problems, if any, and remedial actions. 45. The EA developed internal monitoring indicators, procedures and reporting requirements for all subprojects that are require involuntary land acquisition. Internal monitoring indicators will include: (i) payment of compensation to AHs in accordance with the LARF and TSLRDP policies; (ii) coordination and completion of land acquisition, compensation and, as required, resettlement activities and commencement of civil works; (iii) adherence to public information dissemination and consultation procedures, and report on activities; and, (iv) adherence to grievance redress procedures, and report of activities. 46. In each province, the resettlement focal point will prepare quarterly monitoring report. The PDRD will consolidate provincial monthly reports to prepare a TSLRDP quarterly monitoring report to be submitted to the Executing Agency (EA), the IRC and ADB. The EA in collaboration with IRC will take appropriate steps to redress any problems that are identified, and confirm the resolution of issues to the ADB. 16

21 8.2 External Monitoring 47. The IRC already recruited an independent monitoring organization (IMO), under grand financing from ADB, to conduct external monitoring and evaluation of voluntary land donation, involuntary land acquisition and resettlement for the TSLRDP. Due to flood situation in Pursat, the IMO will mobilized in October The IMO is focusing on the social impacts of the Project and whether AHs are able to restore, and preferably improve, their pre-project living standards, incomes and productive capacity. The IMO selection is under ADB procedure on consultant recruitment by using the Consultant Qualification Selection (CQS). The Consultant Selection Committee (CSC) is reviewing and evaluating the Technical Proposal from REDECAM after No Objection from ADB-CARM on the Submission 1 dated 10 May The No Objection is in Annex 6. The terms of reference (TOR) for the IMO for this CQS was prepared by the International Resettlement Consultant and acceptable to both IRC and the ADB CARM and as provided in Annex The IMO will prepare monitoring reports every six (6) months up through the period when AHs affected by involuntary land acquisition receive compensation and remove from the acquired land; the IMO reports will include, as required, recommendations for changes and mitigation measures. The IMO will also prepare a post-resettlement evaluation report for AHs affected by voluntary and involuntary land acquisition. The IMO will prepare resettlement monitoring reports in consultation with affected persons and PRS and line agencies will make the reports available in their office and as well as on the ADB s website. The detailed activities are in the 2007 RF. 9. RESETTLEMENT IMPLEMENTATION SCHEDULE 49. IRC will mobilize the IMO before commencement of compensation to AHs. These activities cannot be made until the SRP has been reviewed and approved by ADB. 50. MOWRAM will ensure that contractor will not be issued notice to commence for any part of a section of a road to begin construction work unless it has (a) satisfactorily completed in accordance with the approved SRP, compensation payment; (b) ensured that income restoration program is in place under component 2 of the project; and (c) area required for civil works is free of all encumbrances. Table 9.1 shows the resettlement schedule. Table 9.1: Resettlement Implementation Schedule Tasks Schedule Undertake consultation and participation programs April-May 2011 Implement internal monitoring activities April-May 2011 Carry out Replacement Cost Study and apply Project entitlements April 2011 SRP preparation June 2011 SRP approval from ADB September 2011 Implement External monitoring August-September 2011 Compensation Payment to AHs September 2011 Implement post-evaluation Twelve (12) months after completion of resettlement activities 17

22 Annex 1: Cover letter of the Approved TSLSP Resettlement Framework 18

23 Annex 2: Agricultural Product Prices 19

24 20

25 Annex 3: Replacement Cost Study 1. Objective The Replacement Cost study was to determine the land price replacement cost of recent land sales and similar recent land acquisition in similar irrigation projects within the immediate land area of the sub-project, and thus to determine an agreed price of the affected land. On this basis the study would establish reasonable and up-to-date compensation rate in order to calculate the Short Resettlement Plan (SRP) budget for the subproject. 2. Proposed application of the Replacement Cost Study to Batch I and II The replacement cost study was also designed to provide the basis of pricing for compensation for a Batch I and II programme of secondary and tertiary canals planned for completion within the subproject area and based on the Otatong irrigation system during Methodology The establishment of replacement costs was carried out based on information collected from desk research, from interviews with people in affected area, both those persons who are affected and not affected. More exact data on market prices was collected from the record of agricultural land in six villages, and of residential land in three villages, registered by Village Headmen and from the Commune land sales register. The desk research focused on relevant reports of previous resettlement and replacement costs studies: Northwest Irrigation Sector Project: Ta Saom and Kork Thnong subprojects September 2009;and Don Aov, Canal No. 1 and Chork Reservoir subprojects October 2009; Punley RP October 2009 Stung Chinit RP phase I, II and III Ta Saang Cham Bok and Kampong Chrey in Svay Reang province in 2008 ADB GMS Cambodia Road Improvement Project, NR5 and NR6, in The study was also conducted by means of data collection, including the record of land sales certificates (Appendix 1), provided for each village with land in the sub project command area. The survey was conducted for each village in all subprojects by Village Headman and two members of the Village Development Committee with knowledge of land transactions during a three years period 2009 to A list of the members of each land cost replacement survey team is in Section 8 below. On the basis of the combined review of similar irrigation project land replacement cost studies and actual pricing for compensation and of the local data collection by the survey team, the decision was made in consultation with local authority to base the replacement cost for Pursat Natural Pond Subproject on the price for compensation provided in 2001 in the neighbouring Anlong Svay Subproject of the Northwest Irrigation Sector Project. 4. Participation of the Public in the Study The study was conducted in April 2011 led by an International Resettlement consultant and Cambodian counterparts with participation from 40 AHs and non AHs, through Focus Group Discussions (FGD) of 3-5 different AHs in 5 affected villages. Members of the Commune Council and village headmen also took part in the consultation with AHs, and the FGD. The household interviews and the FGD meetings were conducted with the assistance of the household heads, the village headman, Inter-ministerial Resettlement Committee (IRC) and Resettlement Unit (RU) of Ministry of Water Resource and Meteorology (MOWRAM). 21

26 5. Result of the Study Batch I and II The market price for agricultural land lost in the COI of the natural pond subproject can be assumed to be that used in the NWISP Anlong Svay subproject of $2,500 per ha for Batch I. The latter was found to be close to the average price for the land transactions in the immediate command area in focus group discussions in affected village and in the registered prices of land transactions recorded by the village headman and the Commune Council. In order to reach a relevant land price for land along secondary canals and embankment roads, it is necessary to discard the higher and lowest prices, for land on main roads and for remote village land, and to take the 11 land sales at Khvav occurring in the vicinity of the secondary canals. The average land prices of the 11 land sales is $3200/ha. This is most relevant to the replacement cost of land lost in secondary and tertiary canal reconstruction at Khavav and at Stokhla requiring to be compensated in Pursat Batch II. The residential land price recommended to be adopted as the replacement cost price for residential land loss in secondary canal reconstruction in Pursat Batch II is $1.56 per sq.m. based on land sales of similar land at Khvav village. The table below showed the certificated land sales in the six villages of Rumlech Commune. Type of Affected Assets Unit Unit Price in USD Remarks Land Residential Land price Per m2 Damnak Trach m Khvav m Sdokhla m Sdokhla near main road m2 3.1 Average m Agriculture Land price per m2 Koh Kcheay m Khvav m Lhong m Damnak Trach m Konthnot m Sdokhla m Average m Summary of Land Prices: Pursat Batch I and II No Land Type Unit Rate US$/m2 1 Batch I m2 Agricultural land m Batch II Agricultural land m Residential land m Prices of trees for compensation in Batch I and II Tree compensation should, where necessary, be calculated based on maturity time of different tree species arrived at in studies conducted in consultation with commercial suppliers, horticulture and Agricultural and Forestry Department of Pursat Province. The replacement cost of trees has also been based on market prices established as the basis of compensation in the neighbouring Province of Pursat in April 2011, as follows: No Trees Unit Price 22

27 1 Mango tree 28 2 Coconut tree 31 3 Palm tree 25 4 Cashew tree 15 5 Bamboo tree 10 6 Krasang tree 10 7 Cassia tree 5 8 Jackfruit tree 33 9 Tamarind tree Others (Non fruit tree) tree 5 As the basis of the DMS, all compensation rates of trees should be adjusted according to their age as following: 1. from 1-3 years old- should get compensation 1/3 of it full price (as it can be re-planted) 2. from 3-5 years old- should get only 2/3 of full price 3. more than 5 years old- should get full compensation from above table. 8. Replacement Survey Team លរ No. ភ ម Villages សមជ ក ក ម Group member ត នទ Position លខទ សពទ Contact # ផ ងៗ Others I II III IV V VI Stockhla Khvav Koh Kcheay Dam Nak Trach Kon Thnot Lhong 1. Chen Ke Village headman Soun Sarom Deputy of Village 3. Koung Korb Development of Village 1. Moeurn Thy Village headman 2. Kear Sina Deputy of Village Siem Sourn Development of Village 1. Van Seng Village headman 2. Noy Tin Deputy of Village 3. Touch Tourn Development of Village 1. Chhum Thim Village headman Heang Khna Deputy of Village Chea Choeurn Development of Village 1. Keo Moe Village headman 2. Tam Him Deputy of Village 3. San Thoeurn Development of Village 1. Hum Suy Village headman 2. Kheng Sarom Deputy of Village 3. Keo Thoeurn Development of Village 23

28 Annex 4: Public Information Booklet ព ជ ច កកមព ជ ជត សន ព ម ក ត 3 គណ កមមករអន រ កស ង យផលប ពល ដ ធ ផទ ស មបង បជពលរដ យ រគ ងអភ វឌ ន ជនបទត បន ទ នបទ ន ប ក ន ស វ ភផ ព ផ យពត មន ធរណ រ បច យ គណ កមមករអ ន កស ង កស ង សដ ក ច ន ងហ រ ញវតថ ន ង កស ងធនធនទ ក ន ងឧត ន យម ខ ម ឆន ២០១១ 24

29 ស ន រទ ១ ត គ ងអភ វឌ ន ជនបទ ត បន ទ នបទ ន ប ជ គ ងអ? ច ល យ ជរ ភ បលកមព ជ សន ស ធ ករអភ វឌ ន ឬ រ ឡ ងវ ញ បព នធ ច សពសថ ត ន ជ វ ញប ងទ ន ប យ ផ ត ទ ល ខត ០៣ គ ខត ពធ ត ខត ក ពង ឆន ង ន ង ខត ក ពង ធ យ ប បស បក ក ច ឥណទនព ធនគរអភ វឌ ន ស (ADB) ថវ កបដ ភគរបស ជរ ភ បលកមព ជ ន ងថវ កអនកទទ ល ផលកន ងត បន នគ ង ដ មប ងសង គ ង ន ក ន ស វ ភផ ព ផ យពត មន ន ប ស ប គ ង ច សព ន ងជជ ន យ ម រត យប ភ ជ ន បជជនទ ង យ ដលរងន វផលប ពល យ រករ ងសង ទ នប ប យរង ន ងករអភ វឌ ន ផទ ងទ ករបស គ ង ស ន រទ ២ ត ន ជអនកទទ លករខ ស ត វ ល គ ង ន? ច ល យ កស ងធនធនទ កន ងឧត ន យម ន ជធន ភន ពញន ងទទ លខ ស ត វ ទ ង ស ង ល គ ង បព នធ ច សព យរ មសហករជម យ ជញ ធរ ខត មរយ មនទ រធនធនទ ក ន ងឧត ន យម ខត ពធ ត ខត ក ពង ឆន ង ន ង ខត ក ពង ធ គណ កមមករដ កន គ ង ថន ក ខត (មនទ ងសថ ត នកន ងមនទ រធនធនទ ក ន ង ឧត ន យម ខត ទ ងប ខង ល ) ន ងព ន តយ ម លព ម យ ថង ទម យ ថង កន ងក ចដ ណ រករ នគ ង កន ងករ រ ប ច គ ង ន ត វមនករ សរ សរព ផនករ នកររ រ ន ងប ស ប រទ ល ន ន ដរ កស ងធនធនទ ក ន ងឧត ន យម មន ក មករងររ រ ន ងប ស ប រទ ល នម យ ដ មប ព ន តយ ឃ ម លន វករអន វត ន ផនករ រ រ ន ងប ស ប រទ ល ន ន យរ មសហករជម យគណ កមមករអន រ កស ង ករអន វត ន ផនកររ រ ន ងប ស ប រទ ល ន ន ន ងមនករទទ លខ ស ត វព អន គណ ក មករ ខត ន ង មនទ រធនធនទ ក ន ងឧត ន យម ខត ទ ងប ខង ល ផង ដរ ស ន រទ ៣ ត គ ងទ ងម ល មនប ណងផ ល ផល ប យជន ដល ព ក យ ង ដរឬ ទ? ច ល យ បកដជមន គ ងប ងក នករ ច សព ន ន ង ធ យ ផទដ នកន ង បព នធ ច សពទ ងម លបន ប ស រ ឡ ង នរដ វវស ពមទ ងព ង ក ន ងប ងក ត ផទ ដ ច សពថម នរដ វ ប ង ន ងប ងក ន ករផគត ផគង ទ កកន ង បព នធ បស ន ប ផទដ សរបស អនកសថ ត នកន ង បព នធ ច សព ដលមន ប អនកន ង ត វ បន គជ យប ងក ន បព នធ ច សពប នថម ទ ត ច ព អនកទទ លរងផលប ពល យ រ គ ង ព ក គ ន ង ទទ លបន ន វករទ ទត ស ណង ល ដ ធ ដ ន ង ទពយសមបត ដលប ពល មអ ត លជ ន ស ពមទ ង បក ឧបតថមភ ផ ងៗ ទ តដ ចជ បក ឧបតថមភស ប (១) គ រងយរង គ ( គ រទ ទល ក ម គ រជជន ព ករ ម គ រជ ស មម យ ម គ រជចស ជ ន ង គ រជជនជត ភគត ច) (២) ករដ កជញជ ន ឬករ រ ក លស ណង ថយ កយ (៣) កររ ខនដល សកមមភពរក បក ច ណ ល ន ង (៤) មនក មវ ធ ល កក ពស បក ច ណ ល 25

30 ស ន រទ ៤ ត មនអ ខ មកជ ន សវ ញ បស ន ប ខញ បត បង ដ យ រ ករ ងសង គ ង ន? ច ល យ បជជនទ ង យ ដលមនដ នកន ង ងសទ កទ ក ហ យដ ន ល ច ទ ក ម យរយ យ រអន គ ង ន ត វបនគណ កមមករ បង ចកជព រ ប ភទ ផ ងៗគន ប ភទទ ១ ដ កន ង ង ដលល ច ម យរយ ត ច ធ ស វ ឡ ងទ ក ឬ ស វព ង បន ( មករស ក របស អនកឯក ទសកស ក ម ដ ដល ច ធ ស វ ប ភទ ន បន គ ចប ព ក ពស ទ ក ១៩.៥០ម. ដល ២០.៨៥ម.) គ ងត រ វឱយ បជស ករ ធ ករផ ស ប ររ ប ប ន ងរដ វកល ដ ព ស វ ធ ម មក ស វ ឡ ងទ ក ឬ ស វព ង វ ញ ហ យគណ ក មករអន រ កស ង ន ងផ ល វ គ បណ ប លអ ព ករផ ស ប ររដ វ ដ ន ងជ យឧបតថមភ ផនកប ចចក ទស ដ ដ ចជ ព ជ ស វ ជ ដ ម ច ព ផល ប ពល ល ស ណង, ផទ ស មបង ដ ម ឈ ន ង ទពយសមបត ផ ងៗ ( ប ស នជមន) ន ង ត វផ ល ស ណង ម អ ត លជ ន ស ប ភទទ ២ ច ព ដ កន ង ង ដលល ច ម យរយ ហ យ ច ធ ករ ដ ស វបន ( មករ ស ក របស អនកឯក ទសកស ក ម ដ ប ភទ ន គ ចប ព ក ពស ទ ក ១៩.២៥ម. ដល ១៩.៥០ម. ច ធ ស វបន ម នគ ង (ម នទ ក ឡ ង) ដ ចន គណ ក មករករអន រ កស ង ន ងម ន ធ ករទ ទត ស ណង ថ ដ ទ តន ង ផ ល ស ណង ល ផលប ពល ផ ងៗ ទ ត ( ប ស នជមន) ដ ដល ន កម ក ពស ទ ក ១៩.២៥ម. ដ បត ង ស កទ កចស ត វ គចត ទ កថ ជដ ដលគម នផលប ពល យ រ គ ង បជជនទ ង យ ដលមនដ រងផលប ពល យ រ ប យ ច សព នគ ង ន ន ង ត វបនស ណង ថ ដ មអ ត លជ ន ស ព ដ ន ត វបនបត បង ជអច ន យ ហ យផលប ពល ផ ង ទ ត ន ង ត វផ ល ស ណង មអ ត លជ ន សដ ចគន បស ន ប បជជន ដលបត បង ដ យ រ ប យ ច សព ហ យចង បនដ ជ ន សវ ញ គណ កមមករអន រ កស ង ន ងផ ល ជ នដ ដលមនផល តភពផល តកមម ដ ប ក ប ហលគន ឬ ប ស រជងដ ម ន ហ យន ង ត វទទ លស ទធ កន កប ដ ត ម ត វ កររ ព ងទ កម យ ទ ត ន គ ថ ផទដ ស នកន ង បព នធ ច សព ទ ភព ផល តផលដ នកន ង បព នធ រ បច ថម ន រ បក ច ណ លរបស បជពលរដ ន ង ក ន ឡ ងជងម ន ស ន រទ ៥ ត ខញ ន ងសមជ ក គ រខញ ន ង ត វ គផ ល អ ស ប ករងរទ ង យកន ង បព នធ ច សព? ច ល យ អនក ដលប ពល ន ងកស ករទ ងអស នកន ងប ក ចកចយទ ក គ មនស ទធ ច លរ មកន ងករទទ លយកផល ប យជន ព ករងរក ងទ នប បព នធ ប យ ចកចយ ន ង ទ កត ច ន ងផ វរ ទ មរយ អងករពលកមម 26

31 ស ន រទ ៦ ត ករទ ទត ស ណង ន ង ត វផ ល ច ព ផទ ឬស ណង ទ ង យ ដលប ពល ន ងគ ង ដរឬ ទ? ច ល យ គ បកដជសង ផទ រ ស ណង ទ ង យ ដលន ង ត វប ពល យគ ង ន ង ត វបន គទ ទត សង មអ ត លជ ន ស ន ង បក ឧបតថមភ ផ ង ទ ត ត ល នកររ រ យម នមនករដកយក ចញន វរ ឬ ទពយសមបត ដល នសល ឡ យ ស ន រទ ៧ ច ច ព ដ ន ង ឈ ហ ប ផ ផ ងៗ ត យដ ច ម ច? ច ល យ ស ប ដ បច ឆន អនកន ង ត វ គទ ក ពល វ ២ ខ ដ មប បម លផលម ន ន ងគ ង ដ ណ រករ បស ន ប ស វក ព ងទ ហ យម ន ច ច តកត បន ន ងដ ហ ប ផ ឬ ដ ម ឈ មនត ល ផ ង ទ ត គ ង ន ង ធ ករទ ទត ស ណង មអ ត លជ ន ស អ ត លជ ន ស ល ដ ម ឈ ត វបនគ ត មត លផល សរ ប បច ឆន គ ណន ងឯក ៥ ឆន ស ន រទ ៨ ត អ ទជអ ត លជ ន ស? ច ល យ គ ជអ បក ស ណង ល ទពយសមបត ដលប ពល យ រគ ង ន ងបនឆ បញច ងន វ ត លបចច បបនន នអចលន ទពយ អ ស ណង ន ត វបនស ក យ ទ ភន ក ងរឯក ជយ ដ មប ក ណត អ បក ស ណងស ប អន គ ង ន ស ន រទ ៩ ច អ ព ធនធន ទពយសមបត របស សហគមន យ ង ត ត វ យដ ច ម ច? ច ល យ ច ព ធនធន ទពយសមបត សហគម ដ ប ពល ន ង ត វ គ ធ ករផ ស ប រ យ ព ភក ជ ម យសហគមន ឬ ថ ប ន ដលពក ព នធ អគរ ឬស ណង ដលប ពល រ មមន ព ន ន ង ត វ រ ឡ ងវ ញ យ ដ ច ថ នភព ដ ម ឬ ប ស រជងម ន បស ន ប ករបត បង បក ច ណ ល ដល ត វរ ព ងទ ក (ឧទហរណ ព ឈ សហគមន បក ច ណ ល ព ស ច ញច ម ត ) ភ ម ដលជមច ស ទពយសមបត ន ន ង ត វបនស ណង មអ ត ល ជ ន ស ឬន ង ត វផ ល ទ ក ន ងថម ដលមនផល តភពដ ច ដ ម ស ន រទ ១០ កន ងករណ មនករផ ស ប រល ន ន ឬក ន ងលក ដ រ ត គ ងន ង ជ យខញ យ ងដ ច ម ច កន ងករ ងសង ផទ ន ងត បលក ដ រ ឡ ងវ ញ កន ងរយ ពល នកររ រ ន? ច ល យ ល ន ន ឬ ទពយសមបត ផ ងៗ ទ ត ដល ត វរ រ ប ស ប រ ន ងម ន ច រ ក លបន (ផទ ថម ផទ ឈ ធ ៗ) ន ង ត វបនស ណង មអ ត ម ជ ន ស ច ព ស ណង ដល ច រ ក លបន ន ង ត វផ ល បក ឧបតថមភស ប រ ក ល ន ងដ កជញជ ន ស ន រទ ១១ ត មនករឧបតថមភ បប ច ព ជន ឬ គ ររងផលប ពល ធងន ធងរ ន ងងយរង គ? 27

32 ច ល យ បក ឧបតថមភស ប គ រ ន ង ត វ គផ ល ជ ន ច ព អនក ដលងយរង គ អនក ដល ត វរ រ ទ ក ន ង ន ងអនក ដលបត បង ដ កស ក មសរ ប ល សព ១០% ស ម ម លល អ ត ន ង លខ ១ ស ន រទ ១២ ត ករអ ងកតល អ ត ទពយសមបត ដ ធ ផទ ស មបង ន ត វ ធ ន ពល? ច ល យ សកមមភព នករងរ ន ន ង ត វអន វត ន បនទ ប ព គបន ប ប ងគ លត រង ទ ស រ ច ហ យ បន ធ ន ខ ម ន ឆន ២០១១ ស មប ខត ក ពង ឆន ង ន ង ខត ពធ ត ន ង ន ខ ម ស មប ខត ក ពង ធ ក មអ ងកត ស វងលម ត (DMS) គ មនសមសភពព អន គណ កមមក រ ខត ស ក ឃ ន ងអងគករ ត តព ន តយ ឯក ជយ ន ងត ងអងគករ ករ ភ បល (NGO) យមនករច លរ មព អនក ដលមនដ ធ ប ពល នច ព ម ខ ក មករងរ ជនរងផល ប ពល ន ង ជញ ធរ ស ក ត វបនជ នដ ណ ងជម នអ ព ពល វ នករ ត ជ ប ស ន រទ ១៣ ត យ ងច បច ត វ បគល ដ ដលប ពល ន ងរ រ ផទ រ ស ណង ផ ងៗ ភ មៗ ដរឬ ទ? ច ល យ ទ បគល ដ ដលប ពល ន ងរ រ ផទ រ ស ណង ផ ងៗ ត វ ធ ឡ ង ១៥ ថង បនទ ប ព ករ ទ ទត ស ណង ល ដ, អចលន ទពយ ផ ងៗ ន ង បក ឧបតថមភ ផ ងៗ កមករព គ យបល ជម យអនករងផល ប ពល ស ន រទ ១៤ កន ងករណ ដលព មនករឯកភព ឬបញ ម យ ដល ក ត ឡ ង កន ងរយ ពលអន វត គ ង ដ ចជករទ ទត ស ណង ជ បញ ប ចចក ទស ន ងបញ ទ ទ ដល ទក ទងន ងគ ង ត ខញ មន ស ទធ ប ងត ដរឬ ទ? ច ល យ អនកមនស ទធ ប ងត បស ន ប អនកមនស ន រ ឬ ករម នយល ពម ល បក ស ណង ន ង ជ រ សកន ងករ ងទ ល ន ឡ ងវ ញ អនក ច ចទជស ន រ ឬប ង ទម ន រដ បល ដនដ ដលទក ទង ន ងគណ ដ ណ រករបណ ងត មន ០៤ ដ ក កលដ ចត ទ ដ ក កលទ ១ ក មករបណ ងត យផទ ល មត ឬជ យល កខអក រ គ ររងផលប ពល ន ង ក ពកយបណ ងរបស ព កគត ទអន គណ កមមករ យផលប ពល ភ ម ឬឃ ឬ ទ ក មករងរគណ កមមករអន រ កស ង ហ យ បស ន ប ព កគត ចង គត ចប ង ទអងគករ ម ន មនរ ភ បល (NGO) ដលក ព ង ធ ករ នកន ង គណ កមមករ យបណ ងត (អ ជ) NGO ន ន ងកត ពកយបណ ងជ យល កខអក រ ន ងជ នអនករងផលប ពល ទអន គណ កមមករ យផលប ពល ភ ម ឬ ឃ អន គណ កមមករ ន ន ងមនកតព ក ចផ ល ករបញជ ក អ ងជ យល កខអក រភ មៗថបនទទ លពកយបណ ង បនទ ប ព រយ ពល ១៥ ថង បស ន 28

33 ប អនករងផលប ពល ដល ក ពកយបណ ងម នបនទទ លព ត មនអ ឬ បស ន ប គត ម ន ពញច ត ន ង សចក ស មចកន ង ដ ក កល ទ ១ ពកយបណ ង ន ន ង ត វបន បញជ ន ទករ យល យថន ក ស ក ដ ក កលទ ២ ករ យល យ ស កមនរយ ពល ១៥ ថង កន ងករ យបណ ង ដ មប យ មនករ ពញច ត របស អនកពក ព នធទ ងអស បស ន ប បណ ងម ន ច យបនកន ងដ ក កល ន ទ ករ យល យ ស ក ន ងបញជ នករណ ន ទ គណ កមមករ យបណ ងត ថន ក ខត ដ ក កលទ ៣ គណ កមមករ យបណ ងត ថន ក ខត ជ ប បជ ជម យន ង ភគ បណ ង ន ង ពយយម យ ថ នករណ ន គណ កមមករ ន ន ង សន ស យព ន តយ ឡ ងវ ញន វករអ ងកត ស វងលម ត (DMS) យភន ក ងរ ម ន ផទកន ង (IMO) ករណ ច បច. កន ងរយ ពល ៣០ ថង បនទ ប ព ក ពកយបណ ង គណ ក មករ ន ត វ ត ចញ សចក ស មចជ យល កខអក រ ហ យ ក សចក ចម ងជ ន ទ ភន ក ងរ ម ន ផទកន ង (IMO) គណ កមមករអន រ កស ង (IRC) ន ង គ ររង ផលប ពល ដ ក កលច ង កយ បស ន ប អនករងផលប ពល ដល ក ពកយបណ ងម នបន ទទ លព ត មនអ ព គណ កមមកr យបណ ងត ឬ បស ន ប គត ម ន ពញច ត ន ង សចក ស មច គត ន ងបញជ នករណ ន ទត ករ ខត ន ជដ ក កលច ង កយ នករ យបណ ង បស ន ប ភគ ម យ ន តម ន ពញច ត ច ព សចក ស មចរបស ត ករ ខត ទ គត ចបញជ នករណ ន ទត ករថន ក ខពស ជង ន ទ ត ច យ ផ ងៗ ដល ក ត ឡ ង យករប ង សបចបប ន ង ត វបនគ ង សងវ ញ បស ន ប អនកប ងឈន ក ង លខ ១ ង នករមនស ទធ ទទ លស ណង ន ងជ ន យននរបស ជន ឬ គ រ រងផលប ពល 29

34 RbePTénplb:HBal; kmriténplb:hbal; GñkEdlmansiT i ekalneya)aysmng 1> diksikmμ rymbba ÚlTaMgRsHciBa wmrti diksikmμedlrg kar)at;bg;nuvkar GñkeRbIR)as;R plb:hbal; benþah erbi R)as;dIsRmab; sbc,ab; b Gac Gasnñ ry³ ebl ticcag 1 qñam cat;tukfarsb c,ab;¼rtuv)anektty l sáal;faman sit I Rsb c,ab; GñkCYldIeRbIR )as; b GñkTTYl )an sit i GnuBaØat minttyl)annuvsmngsrmab;di et RbsinebIRbKl;eTA[m as;edim vij RTBüsm,tþiEdlrgb:HBal;beNþaH GasnñnwgRtUv)aneFVI[dUcsßanPaBedIm vij b RbesIrCagmun smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñúgtémøcmnys nig smngsrmab;kar)at;bg;r)ak;cmnul BIpldMNaMEdlminGacdaM)an. minttyl)ansmngsrmab;diet RbsibebIRbKl;eTAm as;edimvij RTBüsm,tþiEdlrgb:HBal;beNþaH GasnñnwgRtUv)aneFVI[dUcsßanPaBedIm vij b RbesIrCagmun smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñúgtémøcmnys nig smngsrmab;kar)at;bg;r)ak;cmnul BIpldMNaMEdlminGacdaM)an kñúggmlúgeblénkic snüa¼eblénkar GnuBaØat. 30

35 diksikmμedlrg pl b:hbal;cagcié nþy kar)at;bg;ticca g 10 énrtbüplit srub ]> 10 éndi kmμsit isrub kar)at;bg;esμi b ercin Cag 10 énrtbü plitsrub ]> 10 GñkeRbIR)as;mi nrsb c,ab; GñkeRbIR)as;R sbc,ab; b Gac cat;tukfarsb c,ab;¼rtuv)anektty l sáal;faman sit irsb c,ab; GñkCYldIeRbIR )as; b GñkTTYl)ansiT i GnuBaØat GñkeRbIR)as;mi nrsb c,ab; GñkeRbIR)as;R sbc,ab; b Gaccat; TukfaRsb minttyl)ansmngsrmab;diet RbsibebIRbKl;eTAm as;edimvij RTBüsm,tþiEdlrgb:HBal;beNþaH GasnñnwgRtUv)aneFVI[dUcsßanPaBedImvi j b RbesIrCagmun smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñúgtémøcmnys. smngcasac;r)ak;kñúgtémøcmnys srmab;diedlb:hbal; smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñúgtémø CMnYs. smngcasac;r)ak;srmab;kar)at; bg;r)ak;cmnul BIpldMNaMEdlminGac dam)ankñúggmlúgeblénkic snüa¼ebl énkargnubaøat. smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñ úgtémøcmnys. smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñ úgtémøcmnys. TTYl)annUvdICMnYsEdlmanépÞ nig smtßpabplitesμikñaenatitamgkñúgxumet myy EdlRKYsarrgplb:HBal;Gac TTYlyk)an b 31

36 éndikmμsit isrub dilmenazan nigb dibanic kmμ c,ab;¼rtuv)anek TTYl sáal;faman sit irsb c,ab; GñkCYldIeRbIR )as; b GñkTTYl )ansit i GnuBaØat GñkeRbIR)as;mi nrsb c,ab; smngcasac;r)ak;srmab;diedl efvilt kmμ kñúgtémøcmnysebj nig smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñ úgtémøcmnys. TTYl)annUvdICMnYsEdlmanépÞ nig smtßpabplitesμikñaenatitamgkñúgxumet myy EdlRKYsarrgplb:HBal;Gac TTYlyk)an b smngcasac;r)ak;srmab;kar)at; bg; R)ak;cMNUlBIdIEdlrgplb:HBal; kñúggmlúg eblénkic snüa¼eblénkar GnuBaØat nig smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñ úgtémøcmnys. smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñúgtémøcmnys. Rbsin ebirkysarrgplb:hbal;minmandi efviksikmμenakenøgepsgetotetgñk enahnwgttyl)an smngcadicmnys[kar TUTat;sMNgsRmab;kar)at;bg;kareRbI R)as;dIedaymanépÞ nig smtßpab plitesμikñaenatitamgkñúgxumetmyyedl RKYsarrgplb:HBal;GacTTYl yk)an. rgplb:hbal RKb;RbePT RKb;GñkeRbI dirtuverobcm[ducedim b RbesIrCag 32

37 benþahgasnñ R)as mun rgplb:hbal diedlkμansmng; GñkeRbIR)as; CaGciéRnþy_ Rsbc,ab; b Gac cat;tukfarsb c,ab;¼rtuv)anekt TYl sáal;faman sit irsb c,ab; GñkeRbIR)as; min mansiti Rsb c,ab; smngcasac;r)ak;srmab;diedlrg plb:hbal;kñúgtémøcmnysebj nig smngcadiedlmantmhmduckña ena TItaMgfμI minelisbi 5 K>m BITItaMgcas; EdlGacTTYlyk)anedayRKYsarrg plb:hbal; smngcasac;r)ak;cmebahkarvinieyak nana Edl)aneFVIelIdIenaH. smngcasac;r)ak;cmebahkar)at;bg; karerbir)as;di. smngcasac;r)ak;cmebahkarvinieyak nanaedlefvielidi. diedlmansmng; GñkeRbIR)as; smngcasac;r)ak;tamtémøcmnys nigdienasl; man Rsb c,ab; b Gac ebj cmebahkar)at;bg;di nig TMhMRKb;RKan; cat;tukfarsb smngcasac;r)ak; b CMnYysRmab; srmab;kar c,ab;¼rtuv)anekt sagsg;smng;;eligvijkñúg krni erobcmeligvij TYl sáal;faman b:hbal;myyepñk. sit irsb c,ab; smngcasac;r)ak;cmebahkarvinieyak nanaedlefvielidi. GñkeRbIR)asmin Rsbc,ab; diedlmansmng; GñkeRbIR)as; smngcasac;r)ak;cmebahkar)at;bg; karerbir)as;di. smngcasac;r)ak;cmebahkarvinieyak nanaedlefvielidi. smngcadicmnysedlmantmhmduc 33

38 nigdienaslman TMhMminRKb;RKan; srmab;karerobcm eligvij RTBüsm,tþiÉkCnepSg²eTot man siti CaGciéRnþy_ Rsbc,ab; nig RtwmRtUvtamc,ab; GñkeRbIR)as; min Rsbc,ab; Cam as;kmμsi T ieday minkitgmbi b½nñkmμsit i edim niggacttylyk)anedayrkysar rgplb:hbal;enakñugxumdedlminq ay Cag 5 K>m BITI tamgcas;. b smngcasac;r)ak;tamtémøcmnys ebj cmebahkar)at;bg;di nigcmnyybi KN³kmμkar efvilt kmμdifñak;xumsrmab; karpøas;bþúrtitamgfμi. smngcasac;r)ak;cmebahkar)at; bg;karerbir)as;di. RbsinebIRKYsarrgplb:HBal;Kμan di epsgsrmab;sagsg; Kat;TTYl)an smngcadi EdlmanTMhM 105 m2 7m 15m CMnYs[sMNg cmebahkar)at;bg;karerbir)as;di enakñug XuMdEdlminq aycag 5Km BITItaMgcas; EdlGacTTYlyk )anedayrkysarrg plb:hbal;. smngcasac;r)ak;cmebahkarvinieyak nanaedlefvielidi. smngcasac;r)ak;srmab;rtbü sm,tþi Edlrgplb:HBal;kñúgtémøCMnYs edayminmankarkat;rmelah b dkecj smöar³edlenasl; b smngsrmab;karruherirtbüsm,tþi enah b 34

39 edimeqi¼dmnam¼rti Cam as;kmμsi T ieday minkitgmbib½nñkmμ sit i CYsCulRTBüsm,tþienaHeLIgvij edayrkumh unsagsg; [ducsßanpab edim b RbesIrCagmun. smngcasac;r)ak;srmab;kar)at; bg;pldmnam nigedimeqikñúgtémøcmnys smngcasac;r)ak;kñúgtémøcmnys srmab; edimeqiedlrgplb:hbal; edaykittammuldæanénrbept Gayu nigtinñplénedimeqienah. PUmi b XuM CYMsCuleLIgvijnUvGKar nig smng; Edlrgplb:HBal;rbs; shkmn_ y:agehacnas;[duc sßanpabedimvij b sg;eligvijnuvgkar nig smng; Edlrgplb:HBal;rbs;shKmn_ ena kenøgfμi edaybipaksacamyyshkmn_ niggacjafrbak;b½n. RbPBGaCIvkmμ nigcmnul RTBüsm,tþiEdlminEmnCadI RKYsarrgplb:HBal;Edl)at;bg;dIksikmμ 10 b ercincag R)ak;]btßmÖkñúgry³eBlGnþrkal³ b )at; bg;nuvrtbüsm,tþiedlrkr)ak;cmnul nig RKYsargayrg kar]btßmö nwgrtuvpþl;casac;r)ak; erkah RKYsarRkIRk/ RKYsarCnCatiPaKtic/ RKYsarEdlman srmab;;ry³ebl 6Ex EdlesμInwgGgár sþiemm:aycaemrkysar/ RKYsarEdlmanCn BikarCaemRKYsar 20 K>k¼RKYsar b R)ak; 240 duløar nigrkysaredlmancas;craca emrkysar edayminmansmng; skmμpabepsg²etotenakñúgepñkti KaMRTepSg². 2 EdlnwgRtUvkMNt;edayXuMrgpl b:hbal;tamry³karculrymefviesckþi 35

40 sermccitþ ducca³ RkumBRgwgCIvPaBeLIgvij b RkumBRgwgksikmμeLIgvij b begáinkarkamrtdl;rbb½n ksikmμ b KaMRTdl;kareRsacRsBEpñkksikmμ BRgwgkarrkR)ak;cMNUleRkABIkar efviers. ង៣ ក មវ ធ អន វត ករ យផលប ពល ករងរ ក មវ ធ ក មវ ធ ព គ យបល ន ងករច លរ ម ម - ឧសភ ២០១១ សកមមភពអន វត ករ ត តព ន តយ ផទកន ង ម - ឧសភ ២០១១ អន វត ករស ក ត លជ ន ស ន ង ស ទធ ទទ លស ណង ម ២០១១ រ បច ស វ ភ ផនករខ ម ថ ន ២០១១ អន ម ត ល ស វ ភ ផនករខ ព ADB ក ញ ២០១១ អន វត ករ ត តព ន តយព ខង ក ស - ក ញ ២០១១ ទ រទត ស ណង យ គ ររងផលប ពល ក ញ ២០១១ អន វត ករ យត ល ល ករងរ យផលប ពល កយករងរ ន ត វបនបញច ប ១២ ខបនទ ប ព សកមមភព យ ផលប ពល ត វបនបញច ប ជ ថ ពរ 36

41 Annex 5: Minutes of 2 Public Consultations with AHs Kingdom of Cambodia Nation Religion King 3 Minute of Meeting On the 11 th of April 2011 at 09:00 am at Damnak Trach Village, Rumleh Commune, there was a public consultation meeting. Participant list is attached. Mr. Khen Sovathara, Deputy Team Leader of IRC WG, informed village, commune and provincial working group and people affected by irrigation development at Konthnot Village, Rumlech Commune, Bakan District, Pursat Province. The project affected land of 3 households and we will provide compensation to them unless the land is outside the natural reservoir. Mr. Norng Norn, member of Rumlech commune council and representative of commune chief, informed the IRC WG that the land belonging to those 3 households is legal. We are happy if the government compensates them but if the government wants it for free we can provide that land to the government as well. Mr. Keo Vey, Chief of Provincial Department of Water Resource and Meteorology, informed that the rehabilitation of this natural reservoir spends money more than 100,000 USD with 200m length and 100m width. The project affected rice field of 3 families and can hold water up to 44,000 m 3. Then, he proposed all people in Konthnot Village to take care of this reservoir. Chair of Meeting Minute Writer Song Sothea Norng Norn 37

42 Kingdom of Cambodia Nation Religion King 3 Minute of Meeting On the 13 th of June 2011 at 02:30 pm at Damnaktrach Pagoda, Damnaktrach Village, Rumlech Commune, Bakan District, there was a public consultation meeting on land, structure and other property affected by Tonle Sap Lowland Development Project under presidency of Mr. Ouk Muon, Rumlech Commune Chief. (Participant list is attached) At the beginning, Mr. Norng Norn, Member of Rumlech Commune Council, informed participants the purpose of the meeting. Next, Mr. Khen Sovathara, Deputy Team Leader of IRC WG, expressed his sincere thanks to people for their time participated in the meeting as scheduled. He said that, through this development project, he had a chance to know and work with people by conducting DMS. This irrigation development project gets fund from ADB and counterpart fund from the government. He added that under ADB funded project, ADB required many conditions especially resettlement. ADB principle is to avoid or minimize impact. If not, we have to compensate all people loss. Our team coming here today was to respond to the ADB principles through IRC WG who came to conduct DMS in the near future. He also explained that there were 3 phases for this work. -Firstly, DMS. People whose land affected by the project must prepare relevant documents such as family book, Khmer ID, Land Title, and they must join with IRC WG during DMS. -Secondly, contract sign. After DMS, ADB will approve replacement cost conducted by independent consultant and send it to IRC to disseminate and consult with AHs for their consent and contract sign in order to request for budget. -Thirdly, after budget approval of the impact from the government, IRC WG will come here again to compensate. Before ending, he thanked people again for their will to participate with the government and asked them not to take away the poles put by topographer team as it was approved by ADB and the Ministry of Water Resource and Meteorology. Without these poles, we cannot conduct DMS properly and correctly. Mr. Ouk Muon, Chief of Rumlech Commune Council, said that he was very happy with people as the government paid attention to physical infrastructure development, especially constructed many irrigation canals for his community. The canals can provide enough water to people to cultivate from 2 to 3 times a year in order to improve family economy and living standards. He added that through this achievement, local people were very happy and participated in the development of national economy. The Meeting ended at 03:45 pm on the same date under full participation from local people. Seen and agreed Chair of Meeting Minute Writer Srey Savorn Ouk Muon 38

43 Annex 6: No Objection from CARM 39